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HomeMy WebLinkAboutNEW CHAPEL RD SECTION B-2 s' i SECTION B-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT THIS AGREEMENT, made this 21st day of June 2017, by and between the Jeffersonville Board of Public Works, hereinafter called "OWNER" and Allterrain Paving and Construction, LLC., doing 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 New Chapel Sidewalk 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 within 45 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 $134,378.00 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 (I) NOTICE OF AWARD (J) NOTICE TO PROCEED (K)CHANGE ORDER (L)DRAWINGS prepared by Jacobi, Toombs&Lanz, Inc., dated May 2017 (M) SPECIFICATIONS prepared by Jacobi, Toombs &Lanz, Inc. dated May 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. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. B-203 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: Jeffersonville oar Public W s BY: Name: Title: �� Date: (p '1/1 -7 (SEAL) AT ST: BY: Name: Title: B-204 CONTRACT ;Allt rrain instructi n LC. Y: Nam Title: A5�� Date: 6 (SEAL) ATTEST: BY: "M . (� G Name: 6+&UQi4'\ _ ,'q, _ Title: 0. B-205 Bond No. CA 1989056 -Z} GREAT AMERICAN INSURANCE COMPANY GREATAmERICAN INSURANCE GROUP OHIO Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Allterrain Paving & Construction, LLC Great American Insurance Company 1638 East Market Street 301 East 4th Street New Albany, IN 47150 Cincinnati, OH 45202 OWNER: (Name, legal status and address) City of Jeffersonville Board of Public Works 500 Quartermaster Court Jeffersonville, IN 47130 CONSTRUCTION CONTRACT Date: June 21, 2017 Amount: One Hundred Thirty Four Thousand Three Hundred Seventy Eight Dollars&00/100($134,378.00) Description: New Chapel Sidewalk (Name and location)Job No. 16138 Jeffersonville, IN BOND Date: June 21, 2017 (Not earlier than Construction Contract Date) Amount: One Hundred Thirty Four Thousand Three Hundred Seventy Eight Dollars&00/100($134,378.00) Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR A P INCIPAL SURETY Company: orporate Seal) Company: (Corporate Seal) Allterrain Pav' Co r n, GREAT AM CAN INSURAN E COM Signa e: Signature: Named itl Name and Title: Stephen L. Triplett Vice- dent Crysty Nurse, A rney-I Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY--Name, address and telephone) OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect, Engineer or other party) NV Insurance Jacobi, Toombs, & Lanz, Inc. 2325 Green Valley Road, Suite 205 1829 E. Spring Street, Suite 201 New Albany, IN 47150 New Albany, IN 47150 Telephone (812) 572-4231 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIC Perf A312(10/10) 1 1 The Contractor and Surety, jointly and severally, bind 5.4 Waive its right to perform and complete, arrange themselves, their heirs, executors, administrators, for completion, or obtain a new contractor and with successors and assigns to the Owner for the performance reasonable promptness under the circumstances: of the Construction Contract, which is incorporated herein .1 After investigation, determine the amount for by reference. which it may be liable to the Owner and, as 2 If the Contractor performs the Construction Contract, soon as practicable after the amount is the Surety and the Contractor shall have no obligation determined, make payment to the Owner; or under this Bond, except when applicable to participate in a .2 Deny liability in whole or in part and notify the conference as provided in Section 3. Owner, citing the reasons for denial. 3 If there is no Owner Default under the Construction 6 If the Surety does not proceed as provided in Section 5 Contract, the Surety's obligation under this Bond shall with reasonable promptness, the Surety shall be deemed to arise after be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety 3.1 the Owner first provides notice to the Contractor demanding that the Surety perform its obligations under and the Surety that the Owner is considering declaring this Bond, and the Owner shall be entitled to enforce any a Contractor Default. Such notice shall indicate whether remedy available to the Owner. If the Surety proceeds as the Owner is requesting a conference among the provided in Section 5.4, and the Owner refuses the Owner, Contractor and Surety to discuss the payment or the Surety has denied liability, in whole or in Contractor's performance. If the Owner does not part, without further notice the Owner shall be entitled to request a conference, the Surety may, within five (5) enforce any remedy available to the Owner. business days after receipt of the Owner's notice, 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, request such a conference. If the Surety timely then the responsibilities of the Surety to the Owner shall requests a conference, the Owner shall attend. Unless not be greater than those of the Contractor under the the Owner agrees otherwise, any conference requested Construction Contract, and the responsibilities of the under this Section 3.1 shall be held within ten (10) Owner to the Surety shall not be greater than those of the business days of the Surety's receipt of the Owner's Owner under the Construction Contract. Subject to the notice. If the Owner, the Contractor and the Surety commitment by the Owner to pay the Balance of the agree, the Contractor shall be allowed a reasonable Contract Price, the Surety is obligated, without duplication, time to perform the Construction Contract, but such an for agreement shall not waive the Owner's right, if any, 7.1 the responsibilities of the Contractor for correction subsequently to declare a Contractor Default, of defective work and completion of the Construction 3.2 the Owner declares a Contractor Default, Contract; terminates the Construction Contract and notifies the 7.2 additional legal, design professional and delay Surety, and costs resulting from the Contractor's Default, and 3.3 the Owner has agreed to pay the Balance of the resulting from the actions or failure to act of the Surety Contract Price in accordance with the terms of the under Section 5; and Construction Contract to the Surety or to a contractor 7.3 liquidated damages, or if no liquidated damages selected to perform the Construction Contract. are specified in the Construction Contract, actual 4 Failure on the part of the Owner to comply with the damages caused by delayed performance or notice requirement in Section 3.1 shall not constitute a non-performance of the Contractor. failure to comply with a condition precedent to the Surety's 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, obligations, or release the Surety from its obligations, the Surety's liability is limited to the amount of this Bond. except to the extent the Surety demonstrates actual prejudice. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 5 When the Owner has satisfied the conditions of Section Construction Contract, and the Balance of the Contract 3, the Surety shall promptly and at the Surety's expense Price shall not be reduced or set off on account of any take one of the following actions: such unrelated obligations. No right of action shall accrue 5.1 Arrange for the Contractor, with the consent of the on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and Owner, to perform and complete the Construction Contract, assigns. 5.2 Undertake to perform and complete the 10 The Surety hereby waives notice of any change, Construction Contract itself, through its agents or including changes of time, to the Construction Contract or independent contractors; to related subcontracts, purchase orders and other 5.3 Obtain bids or negotiated proposals from qualified obligations. contractors acceptable to the Owner for a contract for 11 Any proceeding, legal or equitable, under this Bond performance and completion of the Construction may be instituted in any court of competent jurisdiction in Contract, arrange for a contract to be prepared for the location in which the work or part of the work is located execution by the Owner and a contractor selected with and shall be instituted within two years after a declaration the Owner's concurrence, to be secured with of Contractor Default or within two years after the performance and payment bonds executed by a Contractor ceased working or within two years after the qualified surety equivalent to the bonds issued on the Surety refuses or fails to perform its obligations under this Construction Contract, and pay to the Owner the Bond, whichever occurs first. If the provisions of this amount of damages as described in Section 7 in Paragraph are void or prohibited by law, the minimum excess of the Balance of the Contract Price incurred by period of limitation available to sureties as a defense in the the Owner as a result of the Contractor Default, or jurisdiction of the suit shall be applicable. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIC Perf A312(10/10) 2 12 Notice to the Surety, the Owner or the Contractor shall 14.2 Construction Contract. The agreement between be mailed or delivered to the address shown on the page the Owner and Contractor identified on the cover page, on which their signature appears. including all Contract Documents and changes made to 13 When this Bond has been furnished to comply with a the agreement and the Contract Documents. statutory or other legal requirement in the location where 14.3 Contractor Default. Failure of the Contractor, the construction was to be performed, any provision in this which has not been remedied or waived, to perform or Bond conflicting with said statutory or legal requirement otherwise to comply with a material term of the shall be deemed deleted herefrom and provisions Construction Contract. conforming to such statutory or other legal requirement 14.4 Owner Default. Failure of the Owner, which has shall be deemed incorporated herein. When so furnished, not been remedied or waived, to pay the Contractor as the intent is that this Bond shall be construed as a required under the Construction Contract or to perform statutory bond and not as a common law bond. and complete or comply with the other material terms of 14 Definitions the Construction Contract. 14.1 Balance of the Contract Price. The total 14.5 Contract Documents. All the documents that amount payable by the Owner to the Contractor under comprise the agreement between the Owner and the Construction Contract after all proper adjustments Contractor. have been made, including allowance to the 15 If this Bond is issued for an agreement between a Contractor of any amounts received or to be received Contractor and subcontractor, the term Contractor in this by the Owner in settlement of insurance or other Bond shall be deemed to be Subcontractor and the term claims for damages to which the Contractor is entitled, Owner shall be deemed to be Contractor. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 16 Modifications to this bond are as follows: Contract. (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: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIC PerfA312(10/10) 3 Bond No. CA 1989056 cREA� T GREAT AMERICAN INSURANCE COMPANY INSURANCE GROUP OHIO Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Allterrain Paving & Construction, LLC Great American Insurance Company 1638 East Market Street 301 East 4th Street New Albany, IN 47150 Cincinnati, OH 45202 OWNER: (Name, legal status and address) City of Jeffersonville Board of Public Works 500 Quartermaster Court Jeffersonville, IN 47130 CONSTRUCTION CONTRACT Date: June 21, 2017 Amount: One Hundred Thirty Four Thousand Three Hundred Seventy Eight Dollars&00/100($134,378.00) Description: New Chapel Sidewalk (Name and location)Job No. 1613 8 Jeffersonville, IN BOND Date: June 21, 2017 (Not earlier than Construction Contract Date) Amount: One Hundred Thirty Four Thousand Three Hundred Seventy Eight Dollars&00/100($134,378.00) Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS INCIPAL SURETY Company: Corp rate Seal) Company: (Corporate Seal) Allterrain Pavin Cons r ti LC GREAT AM ICAN I SU NCE COMPA�* Signa re: Signature: Name I le: Name and Title: Stephen L. Trip ett, Vice-Presi ent Crysty Nurse, orne -In-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY--Name, address and telephone) OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect, Engineer or other party) NV Insurance Jacobi, Toombs, & Lanz, Inc. 2325 Green Valley Road, Suite 205 1829 E. Spring Street, Suite 201 New Albany, IN 47150 New Albany, IN 47150 Telephone (812) 572-4231 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIC Pymt A312(10/10) 1 1 The Contractor and Surety, jointly and severally, bind undisputed amounts for which the Surety and Claimant themselves, their heirs, executors, administrators, have reached agreement. If, however, the Surety fails successors and assigns to the Owner to pay for labor, to discharge its obligations under Section 7.1 or Section materials and equipment furnished for use in the 7.2, the Surety shall indemnify the Claimant for the performance of the Construction Contract, which is reasonable attorney's fees the Claimant incurs incorporated herein by reference, subject to the following thereafter to recover any sums found to be due and terms, owing to the Claimant. 2 If the Contractor promptly makes payment of all sums g The Surety's total obligation shall not exceed the amount due to Claimants, and defends, indemnifies and holds of this Bond, plus the amount of reasonable attorney's fees harmless the Owner from claims, demands, liens or suits provided under Section 7.3, and the amount of this Bond by any person or entity seeking payment for labor, shall be credited for any payments made in good faith by materials or equipment furnished for use in the the Surety. performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this 9 Amounts owed by the Owner to the Contractor under the Bond. Construction Contract shall be used for the performance of 3 If there is no owner Default under the Construction the Construction Contract and to satisfy claims, if any, Contract, the Surety's obligation to the Owner under this under any construction performance bond. By the Bond shall arise after the Owner has promptly notified the Contractor furnishing and the Owner accepting this Bond, Contractor and the Surety (at the address described in they agree that all funds earned by the Contractor in the Section 13) of claims, demands, liens or suits against the performance of the Construction Contract are dedicated to Owner or the Owner's property by any person or entity satisfy obligations of the Contractor and Surety under this seeking payment for labor, materials or equipment Bond, subject to the Owner's priority to use the funds for furnished for use in the performance of the Construction the completion of the work. Contract and tendered defense of such claims, demands, 10 The Surety shall not be liable to the Owner, Claimants liens or suits to the Contractor and the Surety. or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable 4 When the Owner has satisfied the conditions in Section for the payment of any costs or expenses of any Claimant 3, the Surety shall promptly and at the Surety's expense under this Bond, and shall have under this Bond no defend, indemnify and hold harmless the Owner against a obligation to make payments to, or give notice on behalf of, duly tendered claim, demand, lien or suit. Claimants or otherwise have any obligations to Claimants 5 The Surety's obligations to a Claimant under this Bond under this Bond. shall arise after the following: 11 The Surety hereby waives notice of any change, 5.1 Claimants, who do not have a direct contract with including changes of time, to the Construction Contract or the Contractor, to related subcontracts, purchase orders and other .1 have furnished a written notice of obligations. non-payment to the Contractor, stating with 12 No suit or action shall be commenced by a Claimant substantial accuracy the amount claimed and under this Bond other than in a court of competent the name of the party to whom the materials jurisdiction in the state in which the project that is the were, or equipment was, furnished or supplied subject of the Construction Contract is located or after the or for whom the labor was done or performed, expiration of one year from the date (1) on which the within ninety (90) days after having last Claimant sent a Claim to the Surety pursuant to Section performed labor or last furnished materials or 5.1.2 or 5.2, or(2) on which the last labor or service was equipment included in the Claim; and performed by anyone or the last materials or equipment .2 have sent a Claim to the Surety (at the were furnished by anyone under the Construction Contract, address described in Section 13). whichever of(1) or(2) first occurs. If the provisions of this 5.2 Claimants, who are employed by or have a direct Paragraph are void or prohibited by law, the minimum contract with the Contractor, have sent a Claim to the period of limitation available to sureties as a defense in the Surety(at the address described in Section 13). jurisdiction of the suit shall be applicable. 6 If a notice of non-payment required by Section 5.1.1 is 13 Notice and Claims to the Surety, the Owner or the given by the Owner to the Contractor, that is sufficient to Contractor shall be mailed or delivered to the address satisfy a Claimant's obligation to furnish a written notice of shown on the page on which their signature appears. non-payment under Section 5. 1. 1. Actual receipt of notice or Claims, however accomplished, 7 When a Claimant has satisfied the conditions of shall be sufficient compliance as of the date received. Sections 5.1 or 5.2, whichever is applicable, the Surety 14 When this Bond has been furnished to comply with a shall promptly and at the Surety's expense take the statutory or other legal requirement in the location where following actions: the construction was to be performed, any provision in this 7.1 Send an answer to the Claimant, with a copy to the Bond conflicting with said statutory or legal requirement Owner, within sixty (60) days after receipt of the Claim, shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement stating the amounts that are undisputed and the basis shall be deemed incorporated herein. When so furnished, for challenging any amounts that are disputed, and the intent is that this Bond shall be construed as a statutory 7.2 Pay or arrange for payment of any undisputed bond and not as a common law bond. amounts. 7.3 The Surety's failure to discharge its obligations 15 Upon request by any person or entity appearing to be a under Section 7.1 or Section 7.2 shall not be deemed to potential beneficiary of this Bond, the Contractor and constitute a waiver of defenses the Surety or Contractor Owner shall promptly furnish a copy of this Bond or shall may have or acquire as to a Claim, except as to permit a copy to be made. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GA1C Pymt A312(10/10) 2 16 Definitions individual or entity that has rightfully asserted a claim 16.1 Claim. A written statement by the Claimant under an applicable mechanic's lien or similar statute including at a minimum: against the real property upon which the Project is .1 the name of the Claimant; located. The intent of this Bond shall be to include .2 the name of the person for whom the labor without limitation in the terms "labor, materials or was done, or materials or equipment equipment" that part of water, gas, power, light, heat, furnished, oil, gasoline, telephone service or rental equipment ,3 a copy of the agreement or purchase order used in the Construction Contract, architectural and pursuant to which labor, materials or engineering services required for performance of the equipment was furnished for use in the work of the Contractor and the Contractor's performance of the Construction Contract; subcontractors, and all other items for which a .4 a brief description of the labor, materials or mechanic's lien may be asserted in the jurisdiction equipment furnished; where the labor, materials or equipment were .5 the date on which the Claimant last performed furnished labor or last furnished materials or equipment 16.3 Construction Contract.The agreement between for use in the performance of the Construction the Owner and Contractor identified on the cover page, Contract, including all Contract Documents and all changes .6 the total amount earned by the Claimant for made to the agreement and the Contract Documents. 16.4 Owner Default. Failure of the Owner, which has labor, materials or equipment furnished as of not been remedied or waived, to pay the Contractor as the date of the Claim, required under the Construction Contract or to perform .7 the total amount of previous payments and complete or comply with the other material terms of received by the Claimant, and the Construction Contract .8 the total amount due and unpaid to the 16.5 Contract Documents. All the documents that Claimant for labor, materials or equipment comprise the agreement between the Owner and furnished as of the date of the Claim. Contractor. 16.2 Claimant. An individual or entity having a direct 17 If this Bond is issued for an agreement between a contract with the Contractor or with a subcontractor of Contractor and subcontractor, the term Contractor in this the Contractor to furnish labor, materials or equipment Bond shall be deemed to be Subcontractor and the term for use in the performance of the Construction Owner shall be deemed to be Contractor. Contract. The term Claimant also includes any 18 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: (Corporate Seal) Signature: __ Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIL Pymt A312(10/10) 3 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 20852 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MIKE SHERRARD ALL OF ALL BARBARA O'DONNELL LOUISVILLE, KENTUCKY $100,000,000 DUANE RAY JOHN F. NEACE CRYSTY NURSE This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26TH day of JANUARY 1 2017 Attest GREAT AMERICAN INSURANCE COMPANY IUSUR Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KiTCHiN(877-377-2405) On this 26TH day of JANUARY 2017 ,before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. &W&WOW N0WyW&*0(0110 MY CAarll 818 EON 06.16,2020 This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power ofAttomey and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this St day of , 204. �INSU9 C Assistant Secretary S1029AF(06/15) ALLTPAV-01 LALI �acoRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/06/14/22017017Y) `-� 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(ies)must have ADDITIONAL INSURED provisions or 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). PRODUCER CONTACT NAME: Epic Insurance Solutions,LLC PHONE FAx 9700 Ormsby Station Rd Suite 200 AIC,No,Ext):(502)805-3742 (A/C No):(502)805-2626 Louisville,KY 40223 ADoR'E :epic@epicinsurancesolutions.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of America 25682 INSURED INSURER B:The Travelers Property Casualty Ins.Co.of America 25674 Allterrain Paving and Construction, LLC INSURER C:Travelers Casualty and Surety Company of America 31194 1638 East Market INSURER D: New Albany,IN 47150 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 CONTRACT OR 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. ADDINSR TYPE OF INSURANCE IVSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRA X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE X OCCURX C091-1690350 01/01/2017101/01/2018 DAMAGE TO RENTED 300,000 PREMISES E c rr n $ MED EXP(Any oneperson) $ 5'000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'000 POLICY 7X JR I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINEDtSINGLE LIMIT $ 1,000,000 (Ea accidenX ANY AUTO X 8109H689732 01/01/2017: 01/01/2018 BODILY INJURY Perperson) $ OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5'000'000 EXCESS LIAB CLAIMS-MADE CUP9H690350 01/01/20171i 01/01/2018 AGGREGATE $ 5'000'000 DED I X I RETENTION$ 10,000 C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN UB9H692785 01/01/2017'. 01/01/2018 STATUTE R 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER Mand R/MEM BE EXCLUDED? N/A` 1,000,000 E.L.DISEASE-EA EMPLOYE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE_-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) New Chapel Sidewalk Project-(OWNER)City of Jeffersonville Board of Public Works 500 Quartermaster Ct.Jeffersonville,IN 47130 and their respective heirs,executors,administrators,successors,and assigns&(ENGINEER)Jacobi,Toombs,&Lanz,Inc.1829 E.Spring St.,Suite 201 New Albany,IN 47150 and their respective heirs,executors,administrators,successors,and assigns are additional insured to the Named Insured's General Liability and Automobile policies as respects to operations performed by the Named Insured under contract with the certificate holder. The General Liability and Automobile insurance is Primary and Non-Contributory for the benefit of the additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Jeffersonville THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Board of Public Works 500 Quartermaster Ct. Jeffersonville,IN 47130 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD