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HomeMy WebLinkAboutBid PacketBID PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page to your bid packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. Company: Vile- ,AMS Cee -e- 0AiJA6E1-4E J1- Project Name: Illinois Street Extension Mitigation City of Carmel Project #10-10 Date Submitted: Bid Amount: BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Illinois Street Extension Mitigation City of Carmel Project #10-10 Proposal For Construction of: Mitigation along Cool Creek between 126'h Street and Gray Road within the Brookshire Gulf Course, consisting of reforestation and bank stabilization utilizing grading, coir mats, and live staking. Date: To: City of Carmel, Indiana, Board of Public Works and Safety PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: r ,L%-,AmT a,Erc MA�A�EME�IT ��vaeArB.� 1.2 Bidder Address: Street Address: J -16 7-o S l'��..�-�r .�n Goo ET7— City: EIdb, State: / t -J Zip: Phone: 3i r7. 13 315. 9 810 Fax: 3M. P39. 99SS 1.3 Bidder is a/an [mark one] Individual Partnership iC Indiana Corporation Foreign (Out of State) Corporation; State: Joint Venture Other 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion #2, dated January 23, 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract It�-ms, total a'oUle —7L. y�, iaese f /orf .�� A�i�izs q, is ►-�Fw ($ /S`�� Zl% o So ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. PART 3 CONTRACT ITEMS AND UNIT PRICES CARMEL PROJECT #10-10 DESCRIPTION: Illinois Street Extension Mitigation 6/15/2016 ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL MITIGATION QUANTITIES 1 CONSTRUCTION ENGINEERING LS 1�/`75-o. 00 2 MOBILIZATION AND DEMOBILIZATION LS 1 /�l q5 -0.e 0. /`7 . 00 3 CLEARING AND GRUBBING LS 1 e5z gg0.0 , +SO -#5Z A190. 60 4 CONCRETE, REMOVE SYS 207 X103.!C-- # Z% q zq. SO 5 EXCAVATION, COMMON CYS 1,976 SD. 6-- t'99, g61s• &0 6 COFFERDAM LS 3 yro. `0 3 31�. 0o 7 COMPACTED AGGREGATE, NO. 53, BASE TON 249 �2O,S/ • 06 . 60 8 HMA FOR SIDEWALK TON 123 �JD`! . sr ' I�l�/ 1,7 '7 573 • 5-0 9 RIVER ROCK TON 383 0,60. & W"7_5' Z$G • �0 10 VEGETATED COI RLOG, 12" LFT 2,634 �5Z. i-, 1,3 y9q. 8o 11 MOBILIZATION AND DEMOBILIZATION FOR SEEDING EACH 3 'f•3/ZD. _ 9.360. 12 COIR MAT SYS 5,153�7• ,00 / 7Z3• `I6 13 ISEED MIXTURE- FAIRWAYANDROUGH LBS 20037. �, g00. 00 14 SEED MIXTURE -TEE BOX LBS 1 f y�0 . L= �l 1/00. 15 TOPSOIL CYS 269 �S. SO�Z qO Z3 /. So 16 NATIVE HERBACEOUS BUFFER LBS 401p3� 17 ISTRUCTURALSOIL CYS 11 1W5. 57q /. 4 18 RIPARIAN REFORESTATION EACH 226 #�2 /. �� 58, I ly • Sd 19 LIVE STAKES EACH 1,274 S• /7— % zu. go 20 SIGN, DO NOT MOW OR SPRAY EACH 33 0`13. ei #�5. 1/0 21 SEED MIXTURE, U LBS 112 /0. 3, GO /I 1,5-3.60 22 MULCHING MATERIAL TON 2.2 77p p-�/ (o�JY. 00 TOTAL: *r („Sq, '7 /(, , SO SUBMITTED BY: le, LAStE"% SIGNATU TITLE: �T ADDRESS: eur.IT'/ tC aA D 600 E,gST /1l 44/66 BID -4 PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE AAae,JD &,M sW / J -,j, 9 , Z -/(v PART 5 EXCEPTIONS Instructions To Bidders: 5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a material qualification or variance from the terms of the Contract Documents may result in this Bid being rejected as non-responsive. 5.3 Exceptions: AJA IM PART 6 FINANCIAL STATEMENT 6.1 Attachment of Bidder's financial statement is mandatory. Any Bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder's capability for completing the Work/Project if awarded. Information on Bidder's company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and #102, entitled "Standard Questionnaires and Financial Statement for Bidders". ..,,, CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 tl State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year). 06/15/16 1. Governmental Unit (Owner): City of Carmel 2. County: Hamilton County, Indiana 3. Bidder (Firm): Williams Creek Management Corporation Address: 4620 South County Road 600 East City/State/ZlPcode: Plainfield, IN 46168 4. Telephone Number: 317-838-9810 5. Agent of Bidder (if applicable): NA Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of Illinois Street Extension Mitigation -City of Carmel Project #10-10 (Governmental Unit) in accordance with plans and specifications prepared by United Consulting, 1625 N. Post Road, Indianapolis, IN 46219 and dated May 24, 2016 for the sum of Six Hundred Fifty Four Thousand Two Hundred Sixteen Dollars and Fifty Cents $ 654,216.50 The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. understand that violations hereunder may result in forfeiture of contractual payments. The above bid is accepted this following conditions: Contracting Authority Members: ACCEPTANCE day of PART II (For projects of $950,000 or more — IC 36-1-12-4) Governmental Unit: City of Carmel Bidder (Firm) Williams Creek Management Corporation Date (month, day, year) June 15, 2016 subject to the These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 183, 241.20 Landscape 7/15 City of Columbus, Office 910 Dublin Road, 3rd Floor Columbus, OH 4 149,686.00 Landscape 5/16 East 10th Street Civic Assoc.,3125E. 10th Street Sulle.1, Indlanapolls, IN 46107 196, 851.00 Landscape 4/16 City of Columbus,01-1-910 Dublin Road Columbus, OH 43215 589,700.00 Stream Stabilization 2/16 City of Lafayette, 1700 Wabash Avenue Lafayette, IN 47901 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 116,300.00 Green Infrastructure 5/18 MatropoBtan Sewer Oiatfld (Greater Olncinna0, 1600 Gast St Clncinna0, CH 45304 55,266.00 Landscape 10/17 Town of Zionsville, 1100 W. Oak Street, Zionsville, iN46077 81, 315.00 Landscape 9/17 Town of Daleville, 8019 S. Walnut Street, Daleville, IN 47334 79,795.00 Stream Stabilization 6/16 City of Lafayette, 1700 Wabash Avenue Lafayette, IN 47901 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. Parkview Health System, Inc. 10501 Corporate Drive Fort Wayne IN 46845 Contact: Dennis Sorgenfrei, 260-615-3033 American Electric Power, 1 Riverside Plaza, Columbus, OH 43215 Contact: Rod Ginter, 614-716-1000 Scannell Property Group, 800 E. 96th Street, Suite 175 Indianapolis, IN 46240, Coutrney Lehman, 317-843-5959 SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) WCMC will begin work on the anticipated date of November 7, 2016. Work will begin with site layout and tree clearing. Once complete Williams Creek will begin work on the southern portion of the golf course property working north. Each site will be stabilized concurrently with the start-up of the next area per the plans and specifications. Asphalt path and site restoration will begin in the spring of 2017. Site will be restored per the plans and specifications. Williams Creek will complete all work required by the substantial completion date excluding weather dependent planting and site restoration activities. 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. Smock Fansler Construction 2910 West Minnesota Street Indianapolis, IN 46241 Concrete and Pervious Paver Installation Sea Group 494 Gradle Drive Carmel, IN 46032, Survey Services If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. Tree Clearing - BAM Outdoor Inc., 2919 E State Road 32, Westfield, IN 46074 - No Bond Asphalt Paving - Baumgartner Asphalt Services - 15215 River Avenue, Noblesville, IN 46062 - No Bond Survey - Solomon Consulting, Inc. - 525 E. Morris Street, Indianapolis, IN 46203 - No Bond 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 2013 CAT 24783 Tracked Skid Steer 2014 Polaris Ranger 800 CC AWD 2009 CAT Auger Power Head Komatsu PC 360 Excavator/Komatsu PC 88 136 Excavator CAT 963 Tracked Loader 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Yes SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 8:00 AM this 15th day of June 2016 Williams Creek Manaqement Corporation By "Vice President ACKNOWLEDGEMENT STATE OF Indiana ) )Ss COUNTY OF Hendricks Signing) Before me, a Notary Public, personally appeared the above-named Aaron Lasley and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 15th day of June 2016 Notary Pu6lc My Commission Expires: 5/9/2019 e� LAURIE LAURIE JEAN TURK County of Residence: Marion T TE �'s` •E 0' : Notar y Public, State of Indiana _,AoTARy. Marion County *: :*_ " '., SEAV Commission # 626311 , '� .•.. My Commission Expires ''j;; ;;;o I May 09, 2019 Part of State Form 52414 (R212-13)1 Form 96 (Revised 2013) BID OF Williams Creek Management Corporation (Contractor) 4620 South County Road 600 East (Address) Plainfield, Indiana 46168-8470 FOR PUBLIC WORKS PROJECTS OF Illinois Street Extension Mitigation-City of Carmel Project #10-10 Filed Action taken Williams Creek Management Corporation Financial Statements Years Ended December 31, 2015 and 2014 BGBC Partners, LLP strength in numbers. BGBC Partners, LLP Certified Public Accountants and Business Consultants Independent Accountants' Compilation Report Board of Directors Williams Creek Management Corporation Indianapolis, Indiana Management is responsible for the accompanying financial statements of Williams Creek Management Corporation (the Company), which comprise the balance sheets as of December 31, 2015 and 2014, and the related statements of income and changes in retained earnings, cash flows, and schedules of operating expenses for the years then ended, in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any assurance on these financial statements. Management has elected to omit substantially all of the disclosure required by accounting principles generally accepted in the United States of America. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company's financial position, results of operations, and cash flows. Accordingly, the financial statements are not designed for those who are not informed about such matters. January 27, 2016 Soo N. Meridian St.; Suite 11o0 @ Indianapolis, IN 46204 www.bgbc.com 317-633-.4700 � fax317-86o-1,665 Williams Creek Management Corporation Balance Sheets December 31, 2015 and 2014 2015 2014 Liabilities and Stockholders' Equity Current liabilities: Current portion of long-term debt $ 82,882 $ 98,582 Accounts payable 19,966 18,798 Accrued expenses and other liabilities 14,520 41,941 Billings in excess of costs and estimated earnings on uncompleted contracts 687 9,883 Total current liabilities 118,055 169,204 Noncurrent liabilities: Long-term debt, net of current portion 180,097 262,854 Total liabilities 298,152 432,058 Stockholders' equity: Common stock 1,000 1,000 Additional paid in capital 31,259 31,259 Retained earnings 912,353 793,602 Total stockholders' equity: 944,612 825,861 Total liabilities and stockholders' equity: $ 1,242,764 $ 1,257,919 See accompanying independent accountants' compilation report. 3 Williams Creek Management Corporation Statements of Cash Flows Years Ended December 31, 2015 and 2014 2015 2014 Cash flows from operating activities: Net income $ 242,690 $ 649,388 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation 82,490 73,529 Gain on disposal of fixed assets (2,000) (4,398) Change in operating assets and liabilities: (Increase) decrease in: Contract and retainage receivables (58,588) (365,647) Contract receivables, related (36,656) - Costs and estimated earnings in excess of billings 10,721 (20,035) Prepaid expenses and other assets 341 9,436 Increase (decrease)in: Accounts payable 1,168 (48,126) Accrued expenses and other liabilities (27,421) 9,221 Billings in excess of costs and estimated earnings (9,196) 3,508 Net cash provided by operating activities 203,549 306,876 Cash flows from investing activities: Proceeds from disposal of equipment 2,000 6,500 Purchases of property and equipment (5,216) (289,817) Net cash used in investing activities (3,216) (283,317) Cash flows from financing activities: Decrease due from MBC Realty Co., LLC 16,380 15,015 Increase in advances to stockholders (46,659) - Principal payments on long-term debt (98,457) (117,606) Proceeds from long-term debt - 280,979 Distributions to stockholders (123,939) (142,404) Net cash provided by (used in) financing activities (252,675) 35,984 Net increase (decrease) in cash (52,342) 59,543 Cash, beginning of year 130,317 70,774 Cash, end of year $ 77,975 $ 130,317 Supplemental disclosure of cash flow information: Interest paid $ 12,221 $ 7,348 See accompanying independent accountants' compilation report. 5 Williams Creek Management Corporation Schedules of Operating Expenses Years Ended December 31, 2015 and 2014 Sales expense Auto and truck Advertising Tools and machinery Total operating expenses See accompanying independent accountants' compilation report. 3,421 959 3,063 8,061 2,477 9,828 2,242 - $ 1,114,473 $ 958,578 7 2015 2014 Salaries and wages $ 584,490 $ 534,177 Depreciation 82,490 73,529 Insurance 79,005 58,435 Professional services 66,502 34,042 Rent expense 55,200 50,600 Office expense 50,418 44,855 Employee benefits 43,936 32,528 Business development 37,774 15,310 Payroll tax expense 25,718 29,236 Repairs and maintenance 20,443 19,190 Taxes and licenses 19,451 20,174 Telephone 13,751 8,587 Postage and supplies 10,686 5,712 Commission 6,889 7,457 Utilities 6,517 5,898 Sales expense Auto and truck Advertising Tools and machinery Total operating expenses See accompanying independent accountants' compilation report. 3,421 959 3,063 8,061 2,477 9,828 2,242 - $ 1,114,473 $ 958,578 7 PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. C It PART 8 NON -COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED. ] Bidders N Written S Printed Name: Title: �e�ES►AEw/T Important - Notaa Signature and Seal Required in the Space Below - 4J STATE OF .�' &\Choi SS: y COUNTY OF 2F\ S \G Subscribed and sworn to before me this �J� day of 20 IU. My commission expires: o2Q� Residing in fi6L!``U'C1 (Signed) Qt ly kan J�— Printed: LQQ(,e`J ecg\ County, State of -IylA \G,nq 11 ' LAURIE LAURIE JEAN TURK TE J S. �TE o�i�i • . Notary Public, State of Indiana NOTAR' : Marion County SEAQ; — Commission # 626311 lH`�O.` My Commission Expires 0 1 May 09, 2019 Effective Date: June 14th; 2016 Bond Number: 404021204 BID BOND city -of Carmel Instpuclions 7'o -Bidders B.idelers )nqy use this form or olhel'j bnn co)ua-iniug the sable nlalerial conditions mrd IvoW#ous as ,rVjMoiied.hi adva)ice by OIiWEII/Obligev- Bidderl&re(y ilius] allgch a. signed, c, rplifed and efjec(ive -dated copli of 1he .Poutpj; 0j'Atforney or :tltol nett b Faa eslablichhlh the aelhoritp of 1he jxr.Yn r(Q signing this Biel Bonn] on behay'of the $urely Slrrely coquvl�y elecrrling Ilds btnrd shall appear' on. the mov curreirf list of "Sla_ety Companie-7 Accelitable ion fiWered Barris, " as.. 1peolfted in the U.S Treaslup Depaninem Circular 570 e4 inwldeil, and be nulhorixed to lransact business n)the Srate• ofhldiancr. 1C.1IOW ALL I►iEid B1` 'THESE PRESENTS, that the undersigned "Bidder" Williams Creek Management Corporation anct "Safety": [Nalnel The Ohlo Casualty Insurance Company [Addl-eSs] 9450 Seward Road Falrfield, OH 45014. a corporation chartered and existing under the laws of the State of New Hampshire and authorized to do bosilitess tit the State of Indiana, Are lield all(] firmly.bonnd unto the City of Carmel, Indiana ("Obligee");in the fill] and just sin equal -to ten percent (10%) of Ale priee stated in the Bid Proposal describe'(] iii Part 2, including_ acohpfed alternates, if any, to be paid upon demand of the Obligee, tpgetliervith interest at tile. niaxitnutn legal rate fiom date of demand and any attorney fees and court costs bicurred by Obligee to :enforce this Instrument, to Whieh payment well and truly to be inade we bi id ourselves, .our heirs, executors, adminisirmors, successors, and assigns, jointly and severally and firmly by* these presents. Ten percent (10%) of tho price stated in the Jaid Proposal is S .65,421.65 WHEREAS, file Obligee has solicited Bids for 'certain Work for or in fiirtheralice of constriction of public imp] ovelnents described generally as. .ILLIA I. ,STAE3T.B,iT1iA'Slpr'1r)lH!' WTION Grtjpf Ca)'111e11'1'0jecr 1110-10 Mitigution rlloilg .Colli Creele betiveen 126111 Std eet and- G) -ay Road Ivii'lliu the Bi voltshlie Gulf C0111'se, C01.1.S%&thig of re, foreslatloll ]till] bank stabiliz tllo7) It jllizinF grading... 6oir luaus, and live Stalfiffg.. Utz pursuant to plans, specifications and other "Contract Documents" included as parts of and designated by such solicitation; and WHEREAS, the Bidder has, submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE The conditions of this obligation are such that if the Bid Proposal be accepted, with or Without conditions, the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled,, (ii) execute a Contract in accordance with the Bid Proposal and in the forim and manner required by the Contract Documents, and (iii) thereafter provide all bonds, and other Documentation required by the Contract Documeuts to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and ;Payment Bond payable to Obligee, each in in amount of one hunched percent (100%) of the total Contract price as awarded and in form and with surety satisflctory to said Obligee, then this obliption to be void; otherwise to be and remain in full force and virtne in law, and the Surety shall, upon failure of the :Bidder to comply with ally or all of the foregoing requirements Within file lime specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMOtNT' THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this 14th day of June 2016.. Phis.l3id Bowl shrrll bind the umler'signed Snretp whether or not also signed by the Bidder. Williams Creek Management Cor oration ",Budder" "Surety" The Ohio Casualty Insurance Company By: — Printed: AAK._" / 44re4• Printed: Don Id R. Weadley, Attomey-tn-Fact Countersigned: I I BB -2 THIS.-POWER=OF:ATTORNEY IS NOT, -VALID UNLESS IT IS PRINTED ON RED BACKGROUND: This.Power'of Attorney limits the acts of those named herein, and theyhave no authority to bind the Company except in the manner and to the extent herein stated.- _ - J - Certificafe No. 7198887 _ = American Fire and -Casualty Company Liberty Mutual Insurance Company- - _ 'The_Ohio Casualty Insurance Company West American Insurance -Company = _ :POWER OF ATTORNEY = KNOWN ALL PERSONS BY THESE PRESENTS:That-American Fire &.Casualty Company and The Ohio Casualty Insurance Company are corporations' duly organized under the laws -of " the State of.New-Hampshire,,that Liberty Mutual Insurance Company is a corporation -duly organized under the lawsofthe State of Massachusetts, and West American InsuranmCompany _ - is a corporation duly=organized under.the laws of -the State of Indiana.( herein collectively dalled.the'Companies");-pursuant to and by -au thority herein set forth; does hereby name- constitute . _ . and appoint; Donald R'. 11Veadley; John -G. Jacksori; Michael C:. Moore; Stephen:R. Marwitz= ------------ ail of th%6.city_of Crystal Lake,- - state of IL each individually if there be more.than one named; its true andaawful attorney-in=fact.to make, execute, -seal, acknowledge- - and deliver, for and units behalf as.surety and as:its act :aif&deed-any:antl all undertakings, bonds, recognisances and _other surety obligations; in pursuance of these presents and -shall _ betas 6iodiilg.upon the Companies a§ if they have beer duly:signed-by the. president and attested by the secretary of the"Companies in their own proper persons. IN'WITNESS WHEREOF, this Power of -Attorney -has-been subscribed by an -authorized officer or official of the -Companies and the•corporate seals of the -.Companies- have -been affixed - thereto this 8th-.` day of- -December = : -'2015 _ - American Fire and Casualty Company-, ND CAS (Y'INS(� �1NS Urr N1NSUq 3paYrn(grFoq�JP pPPURgrFo v2� J ��wfo��F �Q�c. �n���a, vThe Ohio Casualty Insurance Company: - _ A; F ° Liberty Mutual -Insurance Company = - d- - 1906 - o " o--'-t�t9_ o i91z i _ 1991 a West' merican Insurance Company - _ =y-= d��yb ��rantt5`''P*t'ab �'y '!"Haenvs�+�'�dD W�i7�°.rSinNSEry rte' �� !vo;nitP �_ - - _ _ - •7 .STATE-.OF�PENNSYLVANIA_,__: ss = David M. Care , As"sistant Secretary L "COUNTYOF.MONTGOMERT' c ra f i: -8t - = December 2015'-b- - M O. `. On this: h "day offore-me personally. appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v b - U ai-Casualty, Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such,.being authorized so to do, >,y 0, "executethe.fore-going instrument for.the purposes'therein contained by signing on behalf of the corporations by himself as a duly authorized officer. - O W O. IN WITNESS WHEREOF, have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting; Pennsylvania, on the day and year firstabove written. O CL �'"rt1 = `- - pq COMMONWEALTH OF PENNSYLVANIA J� O 7 - P S , oNwE4rF!! Notarial Seal�(e%4/ M Teresa Pastella, Notary Public g = O d M=y c of Plymouth Twp., Montgomery County. y ti - O a, _ - _ _. __ Teresa Pastella, Notary Public O O My Commission Expires March 28, 2D17 _ - - - - _ - 2 �SYL4 eve _ Member,- Pennsylvania Association of Notaries _ _ : - _ O 'E Fry P C M This Power ofAttomey is made and executed pursuant to.an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance- _m CD y'. Company; Liberty Mutual Insurance Company, andWest-American Insurance Company which resolutions are now in full -force and effect reading as follows: s ro•_�- ARTICLE:IV- OFFICERS,= Section 12: Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C C4; to such limitatjon, as -the Chairman -or the President may prescribe,: shall -appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation -to make; execute, seal, �+ a0i 0 :c_ acknowledge and deliver as sur_etyany and all undertakings, bonds,_ recognizances and.ot_her surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective :- E y, power-s;o'fattorney, shall have full;power to bind,the Corporation by their signature and execution of any such instruments and to=attach thereto the -seal of the Corporation:_. When so '� d p "executed such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > .Q- tfie_provisions of this article "may be revoked at any time by.the Board, _the Chairman, the President or by the officer or officers granting such power or authority. _ _ w =e- -ARTICLE XIII = Executiori-"of,Contracts = SECTION 5 -.-Surety Bonds and -Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the -president, , > ` and subject to such limitations as the -chairman or the president may prescribe; shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the C_ ompany to make, execute, � M seal,4cknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. - Such attorneys -in -fact subject to the limitations set -forth in their G �: Z v respective,powers-ofattorney, shall have full _power to bind the. Company by their signature.and execution of any such instruments andto attach thereto the seal of the Company.; When so '0 -0 - executed such instruments shall be as binding asif signed bythe president and attested bythe:secretary. O co Certifcate of Designation -- The,President of the Company,- actin ursuant to the Bylaws of -the _Com an , authorizes David"M. Care Assistant Secreta to appoint such-attorne sin- _ 99P Y P Y Y Secretary PP Y 'factas__r* be necessary_to_act-on behalf-ofthe Company to make,'execute, seal, acknowledge_and delivecas surety any and all undertakings; -bonds, recognizances and -other surety ` obligations' - - -_ Authorisation-= By unanimous.consent of the.Compeny's Board -of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the' Company;:wherever appea�irig.upon a•certtfied "copy of any. power of attomey issued by the.Company in connection with surety bonds, shall be valid and binding upon the Company_with . -- -. . - ,. ._ _ - the-same_force-and effect as -though manuallyaf_fixed.-:. _ I; Gregory, W. Davenport, the undersigned, Assistant Secretary, of Amencan Fire and Casualty Company, The Ohio:Casualty Insurance.Company, Litierty Mutual Insurance Company, and = - West American_ Insurance -Company do hereby certifyasst the original "power of.attomey of which the foregoing is:a full; true and correct copy of the Power ofAttomey executed -by -said _ Companies Is in full force.and effect and has not-6eenrevoked. IN TESTIMONY,' WHEREOF; I, have hereunto set my hand and affixed the seals of said Companies this 1 `STN day of ")AJkE 26 i �P CA_, _ . IN INS(,q� Py,iNSURq - - �N)NSUg9 a : X1.906 p o =19f9 n 1912 ° ' ¢ = '1991 ° BY: ° x o a Gre o W. Daven ort, Assistant Secreta 544 of_100.0 = L"MS'-12873=122013