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HomeMy WebLinkAbout10TH STREET BEAUTIFICATION MAC SECTION B-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR 10TH STREET REHABILITATION AND BEAUTIFICATION AGREEMENT THIS AGREEMENT, made this 6THday of APRIL 2017, by and between the Jeffersonville Redevelopment Commission, hereinafter called "OWNER" and MAC CONSTRUCTIONdoing & EXCAVATING, INC. business as a corporation hereinafter called"CONTRACTOR", WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the 10`h Street Rehabilitation and Beautification Project. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will reach substantial completion and within 210 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 8, 684,000.00 based on the unit prices in the BID schedule. B-202 5. The term"CONTRACT DOCUMENTS"means and includes the following: (A)NOTICE TO BIDDERS (B)INFORMATION FOR BIDDERS (C)BID (D)BID BOND (E)AGREEMENT (F) GENERAL CONDITIONS (G)PAYMENT BOND (H)PERFORMANCE BOND (1) NOTICE OF AWARD (J) NOTICE TO PROCEED (K)CHANGE ORDER (L)DRAWINGS prepared by Jacobi, Toombs & Lanz, Inc., dated March, 2017 (M) SPECIFICATIONS prepared by Jacobi, Toombs & Lanz, Inc., dated March, 2017 (N) ALL ADDENDA 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the "General Conditions" such amounts as required by the CONTRACT DOCUMENTS, provided that work is satisfactorily completed, and same is certified in writing,to the OWNER, by CONTRACTOR and ENGINEER. 7. The CONTRACTOR must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the OWNER. B-203 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 9. This Agreement may be terminated by either the OWNER or the CONTRACTOR, with or without cause, upon a thirty (30) day written notice to the other party. If the Agreement is so terminated, the Contractor shall be entitled to its contractual compensation for all work performed up to the termination date. In WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (triplicate) each of which shall be deemed original on the date first above written. OWNER: Jefferso ille R e pment Commission \\\��a�u i i n►►u������ BY: .I 'x- Name: /L�rXl Gam/' Title: Date: J ATTEST: BY: Name: Title: B-204 CONTRACTOR MAC CONSTRUCTION & EXCAVATING, INC. BY• Name: CHAD M. UNRUH Title: C.E.0. Address: 1908 UNRUH CT. , NEW ALBANY, IN Date: APRIL 6, 2017 47150 (SEAL) ATTEST: BY: Name: RRYAN WTNST.Ow Title: CHIEF ESTIMATOR B-205 Bond No. 106707458 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) MAC Construction & Excavating, Inc. Travelers Casualty and Surety Company of America 1908 Unruh Court One Tower Square This document has important legal Hartford, CT 06183 consequences.Consultation with New Albany, IN 47150 Mailing Address for Notices an attorney Is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered City of Jeffersonville-Redevelopment Commission plural where applicable. 500 Quartermaster Court Jeffersonville, IN 47130 CONSTRUCTION CONTRACT Date: April 5, 2017 Amount:$ 8,684,000.00 Eight Million Six Hundred Eighty Four Thousand Dollars and 00/100 Description: Name and location) East 10th Street Rehabilitation and Beautification BOND Date: April 6, 2017 (Not earlier than Construction Contract Date) Amount:$8,684,000.00 Eight Million Six Hundred Eighty Four Thousand Dollars and 00/100 ylodifications to tivs Bond: ® None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) MAC Construction & Excavating, Inc. Travelers Casualty and Surety Company of America –M Signature: �� / Signature: 11�5111utnoWnrnq,� Name CHAD M. UNRUH – C.E.O. Name Monica A. Kaiser ��, a�sosuh� and Title: and Title: Attorney-in-Fact yew ... �i 5 HA ORD, A it CONN. * (any additional signatures appear on the last page of this Peuformance Bond.) i ye* (FOR IiVFORdLITIONONLY—Name,address and telephone) mn i1 AGENT or BROKER: OWNER'S REPRESENTATIVE: L A Surety Solutions LLC (architect,Engineer or other parry:) 121 S. Sherrin Avenue Louisville, KY 40207 502-895-9377 S-1852/AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except-,vhcn applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the O xiier,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shalt be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 §7I the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of die Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond, §14 Definitlons §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §IS If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Col porate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-1852/AS 8/10 Bond No. 106707458 Document A312 TM - 2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: SURETY: (Mame,legal status and address) (Name,legal status and principal place of business) MAC Construction & Excavating, Inc. Travelers Casualty and Surety Company of America 1908 Unruh Court One Tower Square This document has important legal Hartford, CT 06183 consequences.Consultation with New Albany, IN 47150 Mailing Address for Notices an attorney is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered City of Jeffersonville-Redevelopment Commission plural where applicable. 500 Quartermaster Court Jeffersonville, IN 47130 CONSTRUCTION CONTRACT Date: April 5, 2017 Amount:$8,684,000.00 Eight Million Six Hundred Eighty Four Thousand Dollars and 00/100 Description: (Nance and location) East 10th Street Rehabilitation and Beautification BOND Date: April 6, 2017 (Not earlier than Construction Contract Date) Amount:$8,684,000.00 Eight Million Six Hundred Eighty Four Thousand Dollars and 00/100 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) MAC Construction & Excavating, Inc. Travelers Casualty and Surety Company of America Signature: Signature / Q. �1�tq�einoemorgi� � : sURfT Name CHAD M. UNRUH — C.E.O. Name Monica A. Kaiser ,0 •."deo$ and Title: and Title: Attorney-in-Fact •HARTFORD a CQNN. (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORjW TION ONLY—Alarne,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: L A Surety Solutions LLC (Architect,Engineer orotherparty.) 121 S. Sherrin Avenue Louisville, KY 40207 502-895-9377 S-2149/AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indene*and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have fumished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last fumished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to famish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been fiunished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the Iabor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149IAS 8110 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatw•es of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8/10 TRAVELERSJ POWER OF ATTORNEY Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Surety Bond No. 106707458 Principal: MAC Construction &Excavating, Inc. OR Project Description: East 10th Street Rehabilitation and Obligee: City of Jeffersonville- Redevelopment Commission Beautification KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Monica A. Kaiser of the City of Louisville ,State of KY ,their true and lawful Attorney-in-Fact,to sign,execute,seal and acknowledge the surety bond(s)referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 24th day of June, 2016. Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 0�G�'eu�l}` �y.}r'n'r,,� ��F*s eo`*r �■rG' •,P, M�y�y� ;<..�1 1.� _•/ y�}riYM� State of Connecticut rye By: �`— City of Hartford ss. Robert L.Raney,Senior Vice President On this the 24th day of June , 2016, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. c•t� My Commission expires the 30th day of June,2021. o�°ueu°S* Marie C.Tetreault,Notary Public c�CF This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman,any Executive vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes,the undersigned,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of April 2017 Kevin E. Hughes,Assistant Secretary ?��G°U��if "Sl' SFJ o,*ti ��r4s J'��Mfyyh �,eryy�r,' rJ�y�+tb � �s � 'G� ,�C;D � * � �ru���►� S'�er�Gr�o� J - Qt �t a _ 16�e�a°� � 1977� 1851 ��.� ;-sEnt.e° �span,g �� ��� �. »cam 9 �S.pM � . n' �1NIdt" ro verify the authenticity of this Power of Attorney, calf 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorneydn-Fact number,the above-named individuals and the details of the bond to which the power is attached. Client#: 1677388 64MACCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE DAT4/006/206/20D/YYYY) 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: BUT Insurance Services,Inc. PA/C,HONNE Ext 502 489-5900 FAX No, 866 881-2185 E., 2600 Eastpoint Parkway(40223) E-MAIL ADDRESS: P O Box 436869 INSURER(S)AFFORDING COVERAGE NAIC# Louisville,KY 40253 INSURER A:Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Property Casualty Co 25674 MAC Construction&Excavating Inc INSURER C P O Box 6787 INSURER D New Albany, IN 47151-6787 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE TYPE OF INDO SURANCE NSR WVD POLICY NUMBER POLICY EFF MM/DDY/YEYYY LIMITS A X COMMERCIAL GENERAL LIABILITY C05648B343PHX17 1/01/2017 01/01/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE F OCCUR PREMISES(EaEocccurrence $30O 000 X BI/PD Ded:150000 MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- PRODUCTS-COMP/OPAGG $2,000,000 POLICY❑JECT LOC OTHER: B AUTOMOBILE LIABILITY CAP5648B355TIL17 1/0112017 01/01/201 Ea ELIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident X HIRED AUTOS X AUTOS B X UMBRELLA LIAB X OCCUR CUP5648B3671ND17 1/01/2017 01/01/201 EACH OCCURRENCE s25,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s25,000,000 DED X RETENTION$150000 $ B WORKERS COMPENSATION UB4G07322217 1/01/2017 01/01/201 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $11,000,000 OFFICER/MEMBER EXCLUDED? LN N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17951119/M17265347 MCH