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HomeMy WebLinkAboutOHASE 2 NEW CHAPEL SIDEWALK • SECTION B-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT THIS AGREEMENT, made this 11th day of July 2018, by and between the Jeffersonville Board of Public Works and Safety, hereinafter called "OWNER" and TSI Construction, Inc., 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 Phase 2 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 by November 30, 2018 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 $1,136,305.00 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 June 2018 (M) SPECIFICATIONS prepared by Jacobi, Toombs & Lanz, Inc. dated June 2018 (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: Jeffersonvil - :•. d of '! blic Works and Safety II `�gSON p �., BY: `��.Git ege r cp ORATE .,1.4. Name: A L Title: Date: (SEAL) ATTE : etriLBY: " Name. r'�;cc, Title. B-204 CONTRACTOR TSI Construction,ru� Inc. BY: • 174A4 Name: u f o. If e O Title: i'rr s �t' Address: Po Bo, alio/ 0,4w flI ?y Al vac, Date: (SEAL) ATTEST: BY: Name: Title: B-205 Bond No. PRF9232596 A t • Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place TSI Construction, Inc. of'business) 2325 Green ValleyRd., Suite 103 Fidelity and Deposit Company of Maryland 1299 Zurich Wa 5th Floor This document has important legal New Albany, IN 47150 y' consequences.Consultation with OWNER: Schaumburg, IL 60196-1056 an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. Jeffersonville Board of Public Works and Safety Any singular reference to 500 Quartermaster Court Contractor,Surety, Owner or Jeffersonville, IN 47130 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: AIA Document A312-2010 combines two separate bonds,a Amount. One Million One Hundred Thirty-Six Thousand Three Hundred Five&00/100 Dollars Performance Bond and a ($1,136,305.00) Payment Bond,into one form. This is not a single combined Description. Performance and Payment Bond. (Name and location) New Chapel Sidewalk Phase 2 Project BOND Date: (Not earlier than Construction Contract Date) Amount, One Million One Hundred Thirty-Six Thousand Three Hundred Five&00/100 Dollars ($1,136,305.00) Modifications to this Bond: ['None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company (('oiporate Seal) Company: (Corporate Seal) TSI Construction, Inc. Fidelity and Deposit Company of Maryland Signature: [ Signatur:\ .Ili A& ,. _ _ •,, . • Name V Nrt5/r-. (2,(A.1`0 Name :mmy L. Master; and Title: ekc,S tpetA- and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Assured Partners NL, LLC (Architect,Engineer or other party:) 2305 River Road Louisville, KY 40206 (502)894-2100 Init. AIA Document A312T"—2010.The American Institute of Architects. 061110 1 t §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 mcorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when 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 Owner,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 shall 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. Init. AIA Document A312'm—2010.The American Institute of Architects. 2 §7 If 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 the 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 law bond. §14 Definitions §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. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 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. AIA Document A312''—2010.The American Institute of Architects. Init. 3 • §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: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Attorney-in-Fact Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. AIA Document A312TM—2010.The American Institute of Architects. 4 Bond No. PRF9232596 fAIAATA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place TSI Construction, Inc. of business) 2325 Green Valley Rd., Suite 103 Fidelity and Deposit Company of Maryland This document has important legal 1299 Zurich Way, 5th Floor New Albany, IN 47150 consequences.Consultation with OWNER: Schaumburg, IL 60196-1056 an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. Jeffersonville Board of Public Works and Safety Any singular reference to 500 Quartermaster Court Contractor,Surety,Owner or Jeffersonville, IN 47130 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: AIA Document A312-2010 combines two separate bonds,a Amount. One Million One Hundred Thirty-Six Thousand Three Hundred Five&00/100 Dollars Performance Bond and a ($1,136,305.00) Payment Bond,into one form. This is not a single combined Description. Performance and Payment Bond. (Name and location) New Chapel Sidewalk Phase 2 Project BOND Date: (Not earlier than Construction Contract Date) Amount. One Million One Hundred Thirty-Six Thousand Three Hundred Five&00/100 Dollars ($1,136,305.00) Modifications to this Bond: ['None ESee Section 18 CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company: (Corporate Seal) TSI Construction, Inc. Fidelity and Deposit Company of Maryland Signature: C 6- Signature. Name V � C,tj Name ammy L. Mast n and Title:. (06_ ,s E r.1T and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: AssuredPartners NL, LLC (architect,Engineer or other party:) 2305 River Road Louisville, KY 40206 (502)894-2100 Init. AIA Document A312"—2010.The American Institute of Architects. 061110 5 §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 m 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,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, 1 have furnished 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 furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 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 furnish 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 niay 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. Init. AIA Document A312" —2010.The American Institute of Architects. 6 §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 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 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 labor 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; .5 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. Inst. AIA Document A312'^—2010.The American Institute of Architects. 7 §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. §16.5 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 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: Attorney-in-Fact Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. AIA Document A312"'—2010.The American Institute of Architects. 8 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Douglas A. STOUGH, Tammy L. MASTERSON and Kyle SHREWSBURY, all of Louisville, Kentucky, EACH its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of June,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND AmowP pf. kø SEAL = lace 4 4r$' ' 4 ft 144401,, (duo Assistant Secretary Vice President Dawn E.Brown David McVicker State of Maryland County of Baltimore On this 28th day of June, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID MCVICKER,Vice President,and DAWN E.BROWN,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn, deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,"''I'/h r' r'nrmua Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 052-3399D -----""'1 TSICONS-01 JKWILLIAMS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/10/2018 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 Jenny K Williams NAME: Epic Insurance Solutions Agency,LLC PHONE FAX y lac,No,Ext►:(502)493 7944 yuc,No):(502 493-7969 9700 Ormsby Station Rd Suite 200 ) Louisville,KY 40223 "MnILDDRESS:1 P kwilliams a icinsurancesolutions.COm INSURER(S)AFFORDING COVERAGE INSURER AThe Charter Oak Fire Insurance Company.___..__...25615 INSURED INSURER B:The Travelers Property Casualty Ins.Co.of America 25674 TSI Construction Inc INSURER C:Travelers Indemnity Companny.of CT 25682 dba TSI Construction — 2325 Green Valley Rd.,Suite 103 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. INSR ADDLJSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD(YYYYI (MM/DD/YYYYI' LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 CLAIMS-MADE X OCCUR DTCO4J494892C0F18 06/01/2018 06/01/2019 DAMAGE TO RENTED 300,000 3REMLSES?REPTEgnce) $ MED EXP(Any_oneperson) 1$ 5'000 PERSONAL&ADV INJURY $ 1,000,000 GATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'LPOLICY ICYE X ECT I 1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 P OTHER: $ B AUTOMOBILE LIABILITY I � COMBINED SINGLE LIMIT 1,000,000 _.(Ea__ac-cident) $ X ANY AUTO DT8105J49688318TIL 06/01/2018 06/01/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED _-- - ,-__ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ I��D pWN L...___ AUTOS ONLY AUUTOS ONLY PROPERTY e accidentDAMAGE $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 EXCESS LIAB I CLAIMS-MADE CUP5J8890761826 06/01/2018 06/01/2019 9,000,000 AGGREGATE $ DED I X , RETENTION$ 10,000 $ C WORKERS AND EMPLOYERS'LIABILITY YIN X STAT .U.TF—,__ EEEL DTEUB4J49489218 06/01/2018 06/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ FFICER/ME,Mg ER EXCLUDED' N I A ( andatory m NH) E .DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project name is"New Chapel Road Sidewalks,Phase 1" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cityof Jeffersonville,IN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 500 Quartermaster Court Jeffersonville,IN 47130 AUTHORIZED REPRESENTATIVE edoe, ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD