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8TH AND HOPKINS DRAINAGE IMPROVEMENS JOB 14032
13.0 BID FORMS NOTE: INSERT AND ATTACH TO FORM 96, DO NOT USE THE CONTRACTOR'S BID SECTION ON FORM 96. BE SURE TO SIGN BID, NOTARIZE BID AND EXECUTE NON-COLLUSION AFFIDAVIT. CONTRACTOR'S BID FORM CITY OF JEFFERSONVILLE DRAINAGE BOARD 500 QUARTERMASTER COURT JEFFERSONVILLE,INDIANA 47130 RE: ea AND HOPKINS DRAINAGE IMPROVEMENTS JOB NO. 14032 Gentlemen: We submit, herewith, our sealed proposal to furnish all necessary labor, material and equipment to construct the above captioned project, in accordance with the subject plans and specifications at the unit prices listed herein. } A-205 S:\projects\14032-8th and Hopkins Drainage Improvements\Specifications\4-Section A-2-Instructions to Bidders.doc BID FOR: AND HOPKINS DRAINAGE IMPROVEMENTS JOB NO. 14032 CITY OF JEFFERSONVILLE DRAINAGE BOARD JEFFERSONVILLE,INDIANA RESPECTFULLY SUBMITTED, Dan Cristiani Excavating Co. , Inc. NAME OF FIRM P O (x T�,F rd,,. PERSON } ATTEST Y)L1 431-1h-r) II - 6 - / 1 DATE Accepted this day of 2019 JEFFERSO di •RAINAG: BOARD CITY OF JE" 'i NVIL E Signature of Au •orized Representative k\,,v4 m„,„2,G .153 Prbegova- Printed Name,Tide A-206 S:\projects\14032-8th and Hopkins Drainage Improvements\Specifications\5-Bid For.doc CITY OF JEFFERSONVILLE JOB NO. 14032 8TH AND HOPKINS DRAINAGE IMPROVEMENTS REV. 11-4-19 ITEM QUANTITY DESCRIPTION UNIT PRICE TOTAL AMT. NO. 1 1 LS Mobilization&Demobilization $ 11,300.00 $ 11,300.00 2 1 LS Maintenance of Traffic $ 19,780.00 $ 19,780.00 3 1 LS Clearing of Right-of-way $ 50,800.00 $ 50,800.00 4 1 LS Construction Stakeout $ 5,800.00 $ 5,800.00 5 1 LS Erosion Control $ 9,600.00 $ 9,600.00 6 1 LS Bioswale/Basin,complete $ 91,375.00 $ 91,375.00 7 1,800 LF 24" Storm Sewer $ 99.80 S 179,640.00 8 137 LF 12"RCP Culvert $ 75.00 $ 10,275.00 - 9 300 LF 12" Storm Sewer for Line"2" $ 56.50 $ 16,950.00 10 519 LF 19"x30"ERCP $ 99.00 $ 51,381.00 11 355 LF 12" RCP for Poppy Place Storm Sewer $ 70.00 $ 24,850.00 12 1 LS Str.#7 Overflow Structure $ 3,000.00 $ 3,000.00 13 1 EA Str.#28,24"Headwall $ 1,575.00 $ 1,575.00 14 6 EA 12"Headwall for RCP Driveway Culvert S 900.00 $ 5,400.00 15 6 EA Beehive Inlet $ 1,500.00 $ 9,000.00 16 3 EA Storm Manhole $ 2,325.00 $ 6,975.00 17 24 EA Catch Basin $ 2,285.00 $ 54,840.00 18 1 EA Core and Connect to Ex.Storm Manhole $ 4,000.00 $ 4,000.00 19 230 LF Paved Vee Ditch $ 36.00 $ 8,280.00 20 148 LF Earth Vee Ditch $ 25.00 $ 3,700.00 21 340 SY Concrete Driveway Apron at Duke Substation $ 74.00 $ 25,160.00 22 1,775 LF Concrete Curb and Gutter $ 28.20 $ 50,055.00 23 5 EA Curb Ramp Replacement S 600.00 $ 3,000.00 24 200 SY Concrete Driveway Restoration $ 83.00 $ 16,600.00 25 50 LF Safeload Existing 15"Storm Sewer $ 55.00 $ 2,750.00 26 215 SY Concrete Sidewalk $ 69.00 $ 14,835.00 27 21 LF 8"PVC Sanitary Sewer Relocation $ 311.00 $ 6,531.00 28 1 EA 4'Dia.Sanitary Sewer Drop Manhole $ 6,700.00 $ 6,700.00 29 375 LF 6"PVC Sanitary Sewer Lateral $ 42.00 $ 15,750.00 30 300 LF 8"PVC Sanitary Sewer(If Necessary) $ 390.00 $ 117,000.00 31 2 EA Sanitary Sewer Manhole(If Necessary) $ 7,600.00 $ 15,200.00 32 6,300 SY 1.5"Surface Milling $ 1.65 $ 10,395.00 33 570 TON HMA Surface,Type B $ 79.50 $ 45,315.00 34 100 CY Unidentified Rock Removal $ 0.00 $ 0.00 35 100 CY Undercut/Stabilization of Unsuitable Subgrade $ 61.50 $ 6,150.00 36 1 LS Asphalt Price Adjustment $ 0.00 $ 0.00 37 1 LS Unidentified Conflict Contingency $ 50,000.00 $ 50,000.00 38 15 EA Backflow Preventer Cleanout $ 813.00 $ 12,195.00 39 1 EA 12"Sloped and Flared Headwall $ 1,100.00 $ 1,100.00 40 800 SY Sod $ 3.60 $ 2,880.00 41 1,900 SY Seeding $ 0.85 $ 1,615.00 TOTAL BID PRICE=Total of Items 1 thru 41= $ 971,752.00 Dan Cristiani Excavating Contractor S 1p,cttUJ032.5th and Hopkins Drainage hmprommwte Spccif c.,imul6-Urni Pncc Bid Form Re%II-4-19 A-207 .,j CONTRACTORS STATEMENT OF UNDERSTANDING OF UTILITY CONFLICTS &ISSUES By submitting this bid, we understand the challenges and issues involved with the potential conflict with existing utilities during the execution of this project.We acknowledge that the location of the utilities shown may not be accurate; however, our bid takes this into consideration and we understand that no additional compensation will be made for working around or near a utility that is not shown on the plans or that is shown incorrectly. Any changes in the plans due to utilities shall be paid for based on the unit prices provided on the bid form. Additional contract days may be awarded if deemed necessary by the OWNER. Our bid price takes into consideration the costs required to coordinate the relocation of any and all affected utilities, and the potential interruption and delays of operation in constructing this project. However, it is understood that we, the CONTRACTOR, will not be held responsible for schedule delays attributable to a given utility company's lack of cooperation or completion of relocation. 8th and Hopkins Drainage Improvements PROJECT NAME SUB 'D BY Dan Cristiani Excavating Co. , Inc. CONTRACTOR (/,,'s T c i5 BY:(Printed Name and Title) 11/6/2019 DATE } S:\projects\14032-8th and Hopkins Drainage Improvement s\Specifcations\7-Utility Conflicts.doc A-208 PROVISIONS REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As required by IC 22-5-1.7,the Contractor affirms under the penalties of perjury that A. It does not knowingly employ an unauthorized alien. B. The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor is not required to participate should the E-Verify program cease to exist C. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. D. The Contractor shall require its subcontractors who perform work under this Contract to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program.The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. E. The Owner may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty(30) days after being notified by the Owner. I, on behalf of myself or the person being awarded this contract, hereby certify that I have read Indiana Code 5-22-16.5 in its entirety,as enacted and amended and further certify that neither I nor the person being awarded this contract am engaged in investment activities in Iran as defined in Indiana Code 5-22-16.5 as enacted and amended. SI / (Lr;f c)GcKSsn PRINTED NAME V, TITLE A-209 Acknowledgement of Addendums Dan Cristiani Excavating Co., Inc. acknowledges the following addendums for the 8th and Hopkins Drainage Improvements Project: Addendum 1 dated 10/23/19 Addendum 2 dated 10/29/19 Addendum 3 dated 11/1/19 Addendum 4 dated 11/4/19 (IA , vP Dan Crisitiani Excavating Co., Inc. gra CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 %, State Form 52414(R2/2-13)/Form 96(Revised 2013) 44;• _-1 Prescribed by State Board of Accounts PART I (To be completed for all bids. Please type or print) Date(month, day, year): 11/6/2 019 1. Governmental Unit(Owner): City of Jeffersonville 2. County: Clark 3. Bidder(Firm): Dan Cristiani Excavating Co. , Inc. Address: 1221 Old Hwy 31 E. City/State/ZlPcode: Clarksville, IN 47129 4. Telephone Number: 812-282-9866 5. Agent of Bidder(if applicable): Pursuant to notices given,the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Jeffersonville - 8th and Hopkins Drainage Improvements (Governmental Unit)in accordance with plans and specifications prepared by Jacobi, Toombs & Lanz, Inc and dated 10/8/19 for the sum of Nine Hundred Seventy-one Thousand, Seven Hundred Fifty-two Dollars, & Zero Cents $ 971,752.00 The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply,the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis,the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). I hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. ACCEPTANCE The above bid is accepted this 5 day of 14' , Z� / , subject to the following conditions: "' Nov MContracting Authority Members:1 k aim, "so /,e-4-f/niT D74aA 07,c6F.kt go ,,e PART II (For projects of$150,000 or more—IC 36-1-12-4) Governmental Unit: City of Jeffersonville Bidder(Firm) Dan Cristiani Excavating Co. , Inc. Date(month, day,year): 11/6/2019 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one(1)year prior to the date of the current bid? Completion Contract Amount Class of Work Date Name and Address of Owner $1,598,750 Sanitary Sewer July 2019 City of New Albany $1,906,250 Roadway June 2019 City of Jeffersonville $1,664,963 Utility/Parking May 2019 Prosser Career Center $1,211,485 Force Main Dec 2018 OCEA 2. What public works projects are now in process of construction by your organization? Expected Contract Amount Class of Work Completion Name and Address of Owner Date $4,096,268 Chapel Lake Park March 2020 City of Jeffersonville $1,044,900 Utica Pump Station Jan 2020 City of Jeffersonville $549,250 Irrigation Apr 2020 Town of Clarksville $1,547,332 Roadway Dec 2019 River Ridge 3. Have you ever failed to complete any work awarded to you? No If so,where and why? 4. List references from private firms for which you have performed work. Steve Klein Development, Steve Klein (812) 246-8865 Koetter Construction, Brian Hill (812) 923-9873 AML, Inc. , Ron Thompson (812) 923-3097 SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project;number of workers,etc.and any other information which you believe would enable the governmental unit to consider your bid.) Install erosion control, mill roadway, sanitary sewer re-route, install Holly Dr. storm, construct basin, install Hopkins storm, restoration. 2. Please list the names and addresses of all subcontractors(i.e.persons or firms outside your own firm who have performed part of the work)that you have used on public works projects during the past five(5) years along with a brief description of the work done by each subcontractor. See attached • 3. If you intend to sublet any portion of the work,state the name and address of each subcontractor, equipment to be used by the subcontractor,and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project,you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. See attached 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit Backhoes, landscape loaders, skidsteers, dozers, excavators forklifts, rollers, crawler loaders, wheel loaders, pan scrapers, trenchers, directional bore machine, trucks (tri-axle, dumps, single-axle dumps, semi with lowboy trailer, semi with dump trailer 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Yes SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. • SECTION IV CONTRACTOR'S NON—COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to indude anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly,any rebate,fee,gift,commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 1:00pm this 6th day of November , 2019 Dan Cristiani Excavating Co. , Inc. of Organization) By Ch s Jackson, Vice President (Title of Person Signing) ACKNOWLEDGEMENT STATE OF Indiana COUNTY OF Clark Before me, a Notary Public, personally appeared the above-named Chris Jackson and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 6th day of November , 2019 . Notary Pubic My Commission Expires: 12/8/2 4 '.'''t'r,,,, DANIEL S C H I L M I l L E R ,`.•• °" s Notary Public, State of Indiana County of Residence: Floyd i*:'"o,"e+;* 3E0 ? Floyd County : Commission*694082 . My Commission Expires ''."„°;;;o` December 08, 2024 N 0 0 0 C, 1 H — CO 1 0 N W a SU W 1-1H ,-j r I M IX N D ni N O . LL CO LL '''1 U)Ili Z14 0 ° b 0Y O 14w w 1-I �, , ILL A 44 nt Ca ° 0 • a h> , 01 III $4ro N w 0 x 9-1 CV a0 '�I J >1 w 'r U m 4 c U 0 U Y o (L 0 c r 0 0 A _o co U I: Q Attachment to Form 96, Section II Plan and Equipment Questionnaire Question 2: Names and addresses of subcontractors used on public works projects Kiesler Electric, LLC, 7010 Kiesler Road, Greenville, IN 47124 Libs Paving Co, Inc., 7001 Atkins Road, Floyds Knobs, IN 47119 Kruer Seeding, Inc., 7413 Scottsville Road, Floyds Knobs, IN 47119 Professional Concrete Cutting & Drilling LLC, 15896 E 650 N, Hope, IN 47246 Gotta Go Inc., 1221 Old Hwy 31E, Clarksville, IN 47129 (Trucking) Gotta Go Dumpster Service, Inc., 1221 Old Hwy 31E, Clarksville, IN 47129 Trutest, LLC, P.O. Box 221166, Louisville, KY 40252 Sharp Construction, LLC., 3216 Kettle Bottom Rd,Nabb, IN 47147 Precision Fence Co., Inc., 48 Herndon Lane, Eminence, KY 40019 Eager Beaver Tree Service, Inc., 3630 E. Luther Rd., Floyds Knobs, IN 47119 Kentuckiana Trucking, Inc., P. O. Box 2544, Clarksville, IN 47130-2544 Eberle Enterprises Inc., 17500 Turtle Creek Trail, Louisville, KY 40245 (Curbs) RAME Contracting, LLC, P.O. Box 293, Springfield KY 40069 (Blasting) Landmark Stone, Inc., 337 Tewell Creek Rd. Bardstown, KY 40004 Premier Erosion Control, LLC, 10226 Westport Rd., Marysville, IN 47141 (Landscaping) Question 3: Subcontractors to be used on this job Libs Paving Co, Inc., 7001 Atkins Road, Floyds Knobs, IN 47119 Gotta Go Inc., 1221 Old Hwy 31E, Clarksville, IN 47129 (Trucking) Gotta Go Dumpster Service, Inc., 1221 Old Hwy 31E, Clarksville, IN 47129 Trutest, LLC, P.O. Box 221166, Louisville, KY 40252 Sharp Construction, LLC., 3216 Kettle Bottom Rd,Nabb, IN 47147 Eberle Enterprises Inc., 17500 Turtle Creek Trail, Louisville, KY 40245 (Curbs) Premier Erosion Control, LLC, 10226 Westport Rd., Marysville, IN 47141 (Landscaping) SECTION B-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR 8TH AND HOPKINS DRAINAGE IMPROVEMENTS PROJECT AGREEMENT THIS AGREEMENT, made this 5th day of December 2019, by and between the City of Jeffersonville, hereinafter called "OWNER" and Dan Cristiani Excavating Co., 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 8th and Hopkins Drainage Improvements 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 180 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 $971,752.00 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 October, 2019 (M) SPECIFICATIONS prepared by Jacobi, Toombs & Lanz, Inc., dated October, 2019 (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: , City of Jeff s. le BY: Name: ,,l Avow Title: $ 106-9jr- Date: (SEAL) ATTELaza BY: Name:i La/'a gil/.1< Title: 944.,..tay B-204 CONTRACTOR Dan Cristiani Excavating Co., Inc. BY: Name: iS gge Sar Title: k, Address: /221 40'6.// /,,r, J/G^ k5V/1tY Date: 0./M' ZN (SEAL) ATTEST) BY: Name: DAn gi e I SA dm;///( Title: fs-i;r,a 7 r B-205 Dan Cristiana Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Financial Statements Years Ended December 31,2018 and 2017 Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Table of Contents Years Ended December 31,2018 and 2017 Page Independent Auditor's Report 1 -2 Financial Statements Balance Sheets 3 Statements of Income 4-5 Statements of Changes in Stockholder's Equity 6 Statements of Cash Flows 7 Notes to Financial Statements 8- 14 CPAs & ADVISORS Independent Auditor's Report To the Board of Directors and Stockholders of DCEC Holding Co.,Inc. (Wholly Owns Dan Cristiani Excavating Co.,Inc.) We have audited the accompanying financial statements of Dan Cristiani Excavating Co.,Inc. (the"Corporation"), a wholly-owned subsidiary of DCEC Holding Co.,Inc. (the"Parent Company"),which comprise the balance sheets as of December 31,2018 and 2017,and the related statements of income,changes in stockholder's equity,and cash flows for the years then ended,and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Kentucky MCM CPAs &Advisors LET P F 812.670.3400 Indiana 702 North Shore Drive Suite 500 I Jeffersonville, :N 771 7(1 Ohio 1888 58/ 71 Ohio A Member of PrirneGiobai—An Associanion of Independent Accnt rnt qcr r r.• Independent Auditor's Report(Continued) Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Dan Cristiani Excavating Co.,Inc. as of December 31,2018 and 2017, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. `0&/(ePois/Ai 1.,i,+ Jeffersonville,Indiana April 30,2019 -2- Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Balance Sheets December 31,2018 and 2017 2018 2017 Assets Current Assets Cash S 2,806,308 $ 2,282,262 Contracts receivable,net 4,452,430 3,062,181 Contracts receivable due from related parties 125,629 232,437 Costs and estimated earnings in excess of billings 1,151,203 428,489 Inventory 48,000 46,000 Prepaid expenses and other current assets 22,384 14,299 Current portion of related party notes receivable 268,931 104,999 Total Current Assets 8,874,885 6,170,667 Property and Equipment Construction equipment and vehicles 12,601,340 11,519,190 Leasehold improvements 155,967 49,502 Office equipment 108,093 78,710 12,865,400 11,647,402 Less:accumulated depreciation and amortization (7,829,435) (7,024,714) Property and Equipment,net 5,035,965 4,622,688 Other Assets Related party notes receivable,less current portion 1,123,161 - Total Other Assets 1,123,161 - Total Assets $ 15,034,011 S 10,793,355 Liabilities and Stockholder's Equity Current Liabilities Current portion of long-term debt S 170,403 S 241,581 Accounts and contracts payable 1,231,471 436,496 Accounts and contracts payable due to related parties 250,143 83,679 Accrued payroll and payroll taxes 133,488 121,859 Accrued expenses 71,800 41,677 Billings in excess of costs and estimated earnings 564,455 219,653 Total Current Liabilities 2,421,760 1,144,945 Deferred compensation liability 310,030 310,030 Long-term debt,less current portion 278,490 327,608 Total Liabilities 3,010,280 1,782,583 Stockholder's Equity Common stock;no par value; 1,000 shares authorized; 100 shares issued and outstanding 12,093 12,093 Retained earnings 12,011,638 8,998,679 Total Stockholder's Equity 12,023,731 9,010,772 Total Liabilities and Stockholder's Equity S 15,034,011 $ 10,793,355 See accompanying notes. -3- Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Statements of Income Years Ended December 31,2018 and 2017 2018 2017 Revenues Construction and excavating $ 25,042,026 $ 21,212,287 Trucking 726,236 1,470,466 Total Revenues 25,768,262 22,682,753 Direct Costs Materials 5,374,838 5,343,906 Wages 3,326,103 2,666,288 Subcontractors 7,352,498 6,019,631 Depreciation and amortization 1,458,791 1,240,225 Repairs and maintenance 831,308 757,029 Insurance 668,889 546,906 Gas,oil and fuel 595,971 374,019 Direct rent expense 704,464 225,244 Permits,bonds and plans 133,833 93,122 Landfill fees 120,492 26,192 Payroll taxes 247,038 196,226 Trucking costs 61,115 43,329 Employee retirement 93,518 44,720 Other direct costs 63,188 60,912 Total Direct Costs 21,032,046 17,637,749 Gross Profit 4,736,216 5,045,004 Operating Expenses Salaries 1,183,849 1,228,732 Office expense 122,388 110,082 Rent 30,000 30,000 Telephone and utilities 48,460 42,438 Payroll taxes 84,689 88,014 Legal and professional 53,146 74,130 Depreciation and amortization 9,348 5,414 Advertising 48,072 47,148 Employee retirement 32,808 33,459 Charitable contributions 5,120 16,194 Bad debt recovery (1,000) (251) Other operating expenses 24,112 26,016 Total Operating Expenses 1,640,992 1,701,376 Income from Operations $ 3,095,224 $ 3,343,628 See accompanying notes. -4- • Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Statements of Income(Continued) Years Ended December 31,2018 and 2017 2018 2017 Income from Operations(Balance Carried Forward) $ 3,095,224 $ 3,343,628 Other Income(Expense) Other nonoperating income 12,761 14,860 Interest income 28,103 4,779 Interest expense (7,460) (15,373) Gain on sale of equipment 345,031 264,240 Total Other Income,net 378,435 268,506 Net Income $ 3,473,659 $ 3,612,134 See accompanying notes. -5- • M C v1 N O, O - tn M Cr) 0. l— VI 0 l+) NO l's N H .�G - O '0 %O O V O O 69 69 O h Os Os O o0 'Cren OA n h O t+1 'd CO CO , 1 N 4D 'o r R ‘0... E = N - M:it Os N NO ---- O kO O� cr et O y M --+ 00 M al I:4 gu fig 69 M M en Os O1 ON O I I O • O N N N O 1 2 Cf) I 0 69 69 NO •O I O UO O O 0 .-• I I .•... I I .may Ir CO - z U D 0 o• ~' xCr • wn w ca 0 Ui. e� as g:1 'V a a I o os C >oAao .. I. U G C a o N U .1r/l ^; 'o t— o0 e ..0. .... a .--a 0 .00 y a a 0ila iv E M M M O . b. ..3 . .o .0 .o 00 W U A 5 5 E •a D O 0 8 0 C 0 0 G 0 •= Z o• [ A E 5 A o 5 A 0. U 3 E w .5 � 0 A aria ?+ A Z A R Z 0 CO 44) Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Statements of Cash Flows Years Ended December 31,2018 and 2017 2018 2017 Cash Flows from Operating Activities Net income $ 3,473,659 $ 3,612,134 Adjustments to reconcile net income to net cash provided by operating activities Depreciation and amortization 1,468,139 1,245,639 Gain on sale of equipment (345,031) (264,240) Accrued interest on note to shareholder - - Bad debt expense(recovery) (1,000) (251) (Increase)decrease in Contracts receivable (1,282,441) (454,662) Costs and estimated earnings in excess of billings (722,714) (231,613) Inventory (2,000) (4,000) Prepaid expenses and other current assets (8,085) (50,488) Increase(decrease)in Accounts and contracts payable 1,133,218 (93,343) Accrued payroll and payroll taxes 11,629 38,231 Accrued expenses 30,123 (35,484) Billings in excess of costs and estimated earnings 344,802 17,160 Deferred revenue - (20,979) Net Cash Provided by Operating Activities 4,100,299 3,758,104 Cash Flows from Investing Activities Loans made to related parties,net (1,287,093) - Proceeds from the sale of equipment 527,585 363,328 Purchases of equipment (1,880,858) (1,201,039) Net Cash Used in Investing Activities (2,640,366) (837,711) Cash Flows from Financing Activities Payments on long-term debt (475,187) (362,061) Proceeds from long-term debt - - Distributions (460,700) (2,133,295) Net Cash Used in Financing Activities (935,887) (2,495,3561 Increase in Cash 524,046 425,037 Cash,Beginning of Year 2,282,262 1,857,225 Cash,End of Year $ 2,806,308 $ 2,282,262 Supplemental Schedule of Noncash Investing and Financing Activities Trade-in values received for equipment sold $ 143,000 S 137,013 Fixed assets in accounts payable - 171,779 Equipment purchased with debt 354,891 208,425 Supplementary Information Interest paid 7,828 19,831 See accompanying notes. -7- Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements Years Ended December 31,2018 and 2017 Note A-Nature of Organization and Operations Dan Cristiani Excavating Co., Inc. (the "Corporation"), a wholly-owned subsidiary of DCEC Holding Co., Inc. (the "Parent Company"), is engaged in construction and excavating services primarily in the Southern Indiana and Louisville, Kentucky areas. The majority of the business is excavating for streets, sewer lines, storm sewers, and commercial site preparation. The work is performed primarily under contracts, including cost-plus-fee contracts, fixed-price contracts, and fixed-price contracts modified by incentive and penalty provisions. Length of the contracts varies,but is typically less than one year. Note B-Summary of Significant Accounting Policies 1. Basis of Accounting: The financial statements of the Corporation are prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America ("GAAP"), as established by the Financial Accounting Standards Board ("FASB") Accounting Standards Codification("ASC"). 2. Estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. The general nature of the Corporation's construction business involves making significant estimates and assumptions in the normal course of business relating to its construction contracts,and among other things,the one-of-a-kind nature of most of its projects, long-term duration of its contractcycle and the type of contract utilized. The most significant estimates with regard to these financial statements relate to the estimating of total forecasted construction contract revenue, cost and profits in accordance with accounting for uncompleted contracts. 3. Cash Equivalents: The Corporation considers all short-term investments with an original maturity of three months or less to be cash equivalents.There were no cash equivalents at December 31,2018 and 2017. 4. Contracts Receivable: Contracts receivable are recorded when invoices are issued and are presented in the Balance Sheets net of the allowance for uncollectible contracts receivable. Contracts receivable are allowed for when they are determined to be uncollectible. The Company uses historical experience, coupled with a review of the current status of existing receivables when valuing contracts receivable. The allowance for uncollectible contracts receivable was $2,000 at December 31, 2018 and 2017 and is deducted against contracts receivable to properly reflect net realizable value. 5. Inventory: The Corporation carries inventory consisting of equipment parts and supplies. Inventory is stated at the lower of cost or net realizable value using the first in,first out(FIFO)method. 6. Property and Equipment: Property and equipment are stated at cost. Maintenance and repairs are charged to expense as incurred; renewals or betterments are capitalized. Gain or loss on retirement or disposition of assets is credited or charged to operations, and respective costs and accumulated depreciation are eliminated from the accounts.Depreciation is provided using the straight-line and declining-balance methods over the shorter of the lease term or the estimated useful lives of the assets.The estimated useful lives are 5 - 10 years for construction equipment and vehicles,5 - 15 years for leasehold improvements,and 3 - 10 years for office equipment. -8- Dan Cristiana Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements(Continued) Years Ended December 31,2018 and 2017 Note B-Summary of Significant Accounting Policies(Continued) 6. Property and Equipment (Continued): The Corporation periodically reviews the carrying values of property and equipment for impairment whenever adverse events or changes in circumstances indicate the carrying value of the asset may not be recoverable. There was no impairment of property and equipment at December 31,2018 and 2017. 7. Contract Revenue and Cost Recognition:Revenues from fixed-price construction contracts are recognized on the percentage-of-completion method,measured by the percentage of cost incurred to date to estimated total cost for each contract. This method is used because management considers total cost to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include direct material, labor, and equipment costs and those indirect costs related to contract performance such as indirect labor, supplies, and other costs. Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in estimated profitability resulting from job performance,job conditions,contract penalty provisions,claims,change orders and settlements are accounted for as changes in estimates in the current period. Profit incentives are included in revenues when their realization is reasonably assured. The asset, "Costs and estimated earnings in excess of billings," represents revenues recognized in excess of amounts billed on uncompleted contracts. The liability, "Billings in excess of costs and estimated earnings," represents billings in excess of revenues recognized on uncompleted contracts. Revenue for time and materials work is recognized as work is performed and invoiced to the customer. Management has concluded the difference between the recognition of revenue related to this work on the percentage-of-completion method and recognition based on progress billings is insignificant to the financial statements. 8. Advertising: Advertising costs are expensed during the period they are incurred. Advertising expense was $48,072 and$47,148 for the years ended December 31,2018 and 2017,respectively. 9. Subsequent Events: The Corporation has evaluated events and transactions for potential recognition or disclosure through the date of the Independent Auditor's Report, the date the financial statements were available to be issued. See Note L. 10. Recently Issued Accounting Pronouncements: In May 2014,the FASB issued ASU 2014-09,Revenue from Contracts with Customers. The standard's core principle is that a company will recognize revenue when it transfers promised goods or services to customers in an amount that reflects the consideration to which the company expects to be entitled in exchange for those goods or services.This standard also includes expanded disclosure requirements that result in an entity providing users of financial statements with comprehensive information about the nature, amount, timing, and uncertainty of revenue and cash flows arising from the entity's contracts with customers. This standard will be effective for the Company's year ending December 31, 2019. The Company evaluated the impact of the adoption of ASU 2014-09 on the financial statements and did not record any material impact from the adoption of ASU 2014-09 as of January 1,2019. -9- • Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements(Continued) Years Ended December 31,2018 and 2017 Note B-Summary of Significant Accounting Policies(Continued) 10. Recently Issued Accounting Pronouncements (Continued): In February 2016, the FASB issued ASU 2016-02,Leases.The standard requires all leases with lease terms over 12 months to be capitalized as a right-of-use asset and lease liability on the balance sheet at the date of lease commencement. Leases will be classified as either finance or operating.This distinction will be relevant for the pattern of expense recognition in the income statement. This standard will be effective for the calendar year ending December 31,2020. In June 2016, the FASB issued ASU 2016-13,Financial Instruments-Credit Losses. The standard requires a financial asset (including trade receivables) measured at amortized cost basis to be presented at the net amount expected to be collected.Thus,the income statement will reflect the measurement of credit losses for newly-recognized financial assets as well as the expected increases or decreases of expected credit losses that have taken place during the period. This standard will be effective for the calendar year ending December 31,2022. The Corporation is currently in the process of evaluating the impact of adopting these ASU's on the Corporation's financial statements. 11. Reclassifications: Certain reclassifications have been made to the 2017 financial statements to conform to the 2018 presentation,with no effect on equity or net income. Note C-Contracts Receivable At December 31,2018 and 2017,contracts receivable consisted of the following: 2018 2017 Contracts Receivable Completed contracts $ 1,051,253 $ 1,655,895 Contracts in progress 2,812,187 1,529,710 Retainage 716,619 111,013 4,580,059 3,296,618 Less:Allowance for Uncollectible Contracts Receivable (2,000) (2,000) Contracts Receivable,net $ 4,578,059 $ 3,294,618 Receivables for time and material jobs are included in completed contracts above. -10- . Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements(Continued) Years Ended December 31,2018 and 2017 Note D-Costs and Estimated Earnings on Uncompleted Contracts At December 31,2018 and 2017,costs and estimated earnings on uncompleted contracts were as follows: 2018 2017 Costs Incurred on Uncompleted Contracts $ 10,393,848 $ 3,540,642 Estimated Earnings 2,920,391 1,274,549 13,314,239 4,815,191 Less:Billings to Date 12,727,491 4,606,355 Total $ 586,748 S 208,836 The above amounts are included in the accompanying Balance Sheets as follows: 2018 2017 Costs and Estimated Earnings in Excess of Billings $ 1,151,203 $ 428,489 Billings in Excess of Cost and Estimated Earnings (564,455) (219,653) Total $ 586,748 $ 208,836 Note E-Related Party Transactions The majority stockholder of the Parent Company also owns stock in other companies,including one affiliate that is also wholly-owned by the Parent Company, doing business with the Corporation. Revenues earned from these related businesses totaled approximately $848,000 and $1,880,000 for the years ended December 31, 2018 and 2017, respectively. There were approximately $125,600 and $232,000 of related party receivables at December 31,2018 and 2017,respectively. Total purchases from these related businesses totaled approximately$2,724,000 and$3,412,000 for the years ended December 31, 2018 and 2017, respectively. There were approximately $250,000 and $83,600 of related party payables at December 31,2018 and 2017,respectively. The Corporation provided administrative services to related parties. The total administrative fee revenues were approximately$58,700 and$78,200 for the years ended December 31,2018 and 2017,respectively,and have been netted against salaries expense in the Statements of Income. During 2018, the Corporation provided loans to related parties in the amount of approximately $1.4 million plus accrued interest. The loans are unsecured. The current portion of the notes receivable is $268,931 and the noncurrent portion of the notes receivable is$1,123,161 at December 31,2018. See Note G for additional related party information. -11- . Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements(Continued) Years Ended December 31,2018 and 2017 Note F-Long-term Debt Long-term debt is summarized as follows: 2018 2017 Note payable to Brandeis Machinery&Supply Co.,non interest- bearing,payable in monthly payments of interest and principal of $9,858 through July 2021,secured by equipment. $ 305,601 $ Note payable to Brandeis Machinery&Supply Co.,non interest- bearing,payable in monthly payments of interest and principal of $4,342 through September 2021,secured by equipment. 143,292 195,398 Note payable to Komatsu Financial,non interest-bearing, payable in monthly payments of$2,637 through February 2018, secured by equipment. - 2,636 Note payable to John Deere Financial,non interest-bearing, payable in monthly payments of interest and principal of$5,126 through December 2018,secured by equipment. - 61,516 Note payable to Wells Fargo Bank at 3.10%interest, payable in monthly payments of$11,096 through May 2020, secured by equipment. - 309,639 Total Long-term Debt 448,893 569,189 Less current portion (170,403) (241,581) Long-term Debt,Less Current Portion $ 278,490 $ 327,608 Long-term debt is scheduled to mature as follows: 2019 $ 170,403 2020 170,403 2021 108,087 $ 448,893 -12- . Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements(Continued) Years Ended December 31,2018 and 2017 Note G-Lease Commitments The Corporation rents various construction equipment on a short-term basis.The equipment rental expense totaled $704,464 and $225,244 for the years ended December 31, 2018 and 2017, respectively. Included in equipment rental expense are payments to related parties totaling$38,715 and$21,309 for the years ended December 31,2018 and 2017,respectively. The Corporation also leases its office facilities and a storage facility from related parties on a year-to-year basis. Total expense was $30,000 for the years ended December 31, 2018 and 2017. Under the terms of the lease agreement,the Corporation pays all normal maintenance and utilities of the facilities. Note H-Income Taxes The Parent Company elected S corporation tax status and the Corporation elected to be a qualified subchapter S subsidiary of the Parent Company. Taxable income and losses of the DCEC Holding Co,Inc. consolidated group are reported on the individual income tax returns of the stockholders. Accordingly,the Company has no provision for federal and certain state income taxes.The Company is still subject to certain state and local income taxes paid at the entity level. GAAP defines tax positions applicable to pass-through entities, such as S corporations and partnerships, and only requires income taxes attributed to the reporting entity, and not the individual owners, to be considered tax positions. Management has concluded that there are no tax positions attributed to the reporting entity which meet the more-likely-than-not criterion for recognizing a liability for uncertain tax positions.Accordingly,the accompanying financial statements do not include any provision for uncertain tax positions.There were no changes in the liability for uncertain tax positions during the years ended December 31, 2018 and 2017, and there are no positions for which it is reasonably possible that the total estimate of liability for uncertain tax positions will significantly increase or decrease within the next twelve months. The Corporation has adopted a policy of recognizing tax-related interest and penalties, if any, in operating expenses. During 2018 and 2017,the amount of interest and penalties recognized was insignificant to the financial statements. Note I-Employee Retirement Plan The Corporation has established a 401(k)plan(the"Plan")for employees who meet certain eligibility requirements. Under the Plan, the Corporation can make discretionary matching contributions up to 3% of participant compensation, equal to one-half of each employee's salary deferral contribution up to 6% of each employee's compensation.The Corporation's Plan expenses and matching contributions for the years ended December 31,2018 and 2017 were$105,958 and$78,179,respectively. Additionally, the Corporation can make discretionary profit-sharing contributions to the Plan. These contributions are allocated to each participant based on the ratio of the individual participant's compensation to the total compensation for all eligible participants. There were no discretionary profit sharing contributions to the Plan for the years ended December 31,2018 and 2017. -13- Dan Cristiani Excavating Co.,Inc. (A Wholly-Owned Subsidiary of DCEC Holding Co.,Inc.) Notes to Financial Statements(Continued) Years Ended December 31,2018 and 2017 Note J-Deferred Compensation Agreement On May 1, 2014, an agreement was created,as part of but unrelated to an agreement to sell a minority stake in the Parent Company, whereby the Corporation committed to provide deferred compensation totaling $375,000 within the next ten years to current or former employees of the Corporation or Gotta Go, Inc., an affiliate also wholly-owned by the Parent Company, as determined by the majority stockholder of the Parent Company. The specific employees and amounts to be paid to each employee were not determined in the agreement, and there are no service or vesting requirements necessary for the employees to earn the deferred compensation under the agreement. Therefore, in accordance with GAAP requirements under Topic 450 of the Accounting Standards Codification, management determined that the eventual payment of the deferred compensation is probable and reasonably estimable. The Corporation recognized the total $375,000 as deferred compensation expense in 2014, and recorded a deferred compensation liability, net of $39,970 in compensation paid, of $335,030 as of December 31,2014. During 2016, the majority stockholder directed $25,000 to be paid, and the remaining balance as of December 31, 2016 was $310,030. The Corporation did not disburse any of these funds in 2017 or 2018 and does not anticipate disbursing any of these funds in 2019;therefore,the liability as of December 31,2018 is classified as noncurrent. Note K-Contingencies,Risks,and Uncertainties Cash Concentration Risk: The Corporation maintains cash in deposit accounts with federally insured financial institutions.At times,the balances in these accounts may be in excess of federally insured limits. Customer Concentration Risk: The Corporation enters into construction contracts with individuals, businesses and governments in the Southern Indiana and Louisville, Kentucky area. The customer base typically fluctuates from year to year. Accordingly, in any given year, a customer could account for more than 10% of the Corporation's revenue. During 2018,one customer accounted for approximately 11%of the Corporation's revenue. Five different customers accounted for 63% of the Corporation's contract receivables. During 2017, one customer accounted for approximately 11% of the Corporation's revenue. A different customer accounted for 15% of the Corporation's contract receivables. Supplier Concentration Risk: During 2018 and 2017, one supplier accounted for approximately 11% of the Corporation's purchases. Concentration of Credit Risk: The Corporation grants credit, generally without collateral, to customers in Southern Indiana and Louisville,Kentucky.Consequently,the Corporation's ability to collect the amounts due from customers is affected by the economic fluctuations in the geographic region.The Corporation is usually eligible for filing a contractor's lien against the property on which work was performed. Note L-Subsequent Events Effective January 1,2019,the Corporation took over management of the dirt inventory of Earth First("Dirt Barn"). The Corporation gave total consideration of$282,009 which included the purchase of certain equipment as well as dirt inventory. In February 2019,the Corporation entered into a line of credit with First Savings Bank for$1 million. The line of credit bears interest at the Prime Rate(4%floor)with an expiration date of February 5,2021. -14- Bond No.2671243 GREAT AMERICAN INSURANCE COMPANY GREATAMERICAIY 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) DAN CRISTIANI EXCAVATING CO., INC. GREAT AMERICAN INSURANCE COMPANY 1221 OLD HIGHWAY 31E 301 EAST 4TH STREET CLARKSVILLE, IN 47129 CINCINNATI, OH 45202-4201 OWNER: (Name, legal status and address) JEFFERSONVILLE DRAINAGE BOARD CITY OF JEFFERSONVILLE 500 QUARTERMASTER COURT JEFFERSONVILLE, IN 47130 CONSTRUCTION CONTRACT Date: DECEMBER 5, 2019 Amount: $971,752.00 NINE HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY TWO AND 00/100-DOLLARS Description: 8TH AND HOPKINS DRAINAGE IMPROVEMENTS (Name and location) BOND Date: DECEMBER 5, 2019 (Not earlier than Construction Contract Date) Amount: $971,752.00 NINE HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY TWO AND 00/100-DOLLARS Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DAN CRISTIANI EXCAVATING •., INC. � iP� Y GREAT . _ ! CA NS E //!%f Signature: - Si•• Name and Title: C� i3 3,4cKso.r, VP TUTS' a Ti le: THOMAS J. MITC ATTORNEY-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) GARRETT-STOTZ COMPANY 502-415-7000 1601 ALLIANT AVENUE LOUISVILLE, KY 40299-6338 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 Owner, to perform and complete the Construction or its heirs, executors, administrators, successors and 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 Perf A312(10/10) 3 Bond No.2671243 M GREAT AMERICAN INSURANCE COMPANY GREATERICAN, 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) DAN CRISTIANI EXCAVATING CO. , INC. GREAT AMERICAN INSURANCE COMPANY 1221 OLD HIGHWAY 31E 301 EAST 4TH STREET CLARKSVILLE, IN 47129 CINCINNATI, OH 45202-4201 OWNER: (Name, legal status and address) JEFFERSONVILLE DRAINAGE BOARD CITY OF JEFFERSONVILLE 500 QUARTERMASTER COURT JEFFERSONVILLE, IN 47130 CONSTRUCTION CONTRACT Date: DECEMBER 5, 2019 Amount: $971,752.00 NINE HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY TWO AND 00/100-DOLLARS Description: 8TH AND HOPKINS DRAINAGE IMPROVEMENTS (Name and location) BOND Date: DECEMBER 5, 2019 (Not earlier than Construction Contract Date) Amount: $971,752.00 NINE HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY TWO AND 00/100-DOLLARS Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DAN CRISTIANI EXCAVATI G CO., INC. GREAT • '' I CAN -11. •' • N ,,, .iO► I• NY Signature: �� r�/ Si• I .4 .�._._�1���_-A. Name and Title: C1�ris 5ac1<:on, V P N.t - . Title: THOMAS J. MITCH: ATTORNEY-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) GARRETT-STOTZ COMPANY 502-415-7000 1601 ALLIANT AVENUE LOUISVILLE, KY 40299-6338 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 8 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, materials or equipment furnished for use in the shall r credited for any payments made in good faith by performance of the Construction Contract, then the Surety 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 r and Surety Owner or the Owner's property by any person or entity Bondy subjectatisf )ons to the Owner'sof the priority too use theunder fundsthis for seeking payment for labor, materials or equipment the completion of the work. furnished for use in the performance of the Construction 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 stating the amounts that are undisputed and the basis conforming to such statutory or other legal requirement for challenging any amounts that are disputed; and shall be deemed incorporated herein. When so furnished, 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 GAIC 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 earned by for made to the agreement and the Contract Documents. labor,totalamount or earnequied by the Claimant of 16.4 Owner Default. Failure of the Owner, which has the date materials the Claim; not been remedied or waived, to pay the Contractor as .7 the of previous payments required under the Construction Contract or to perform received total the amountClaof and and complete or comply with the other material terms of 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 GAIC 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 ELEVEN No.0 20768 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN 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 STEVEN M.GARRETT DIANE L.PHELPS ALL OF ALL WILLIAM A.KANTLEHNER,III CHRISTOPHER E.VON ALLMEN LOUISVILLE,KENTUCKY $100,000,000 THOMAS J.MITCHELL ANDREW G.WINDHORST,JR. ROGER A.NEAL ROSS E.JOHNSON RYAN P.MITCHELL ANDREA CORTES JEFFREY A.BROWN This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18TH day of MARCH 2016 . Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 18TH day of MARCH , 2016 ,before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. /1:Cflirp Susan A.Kohn! _== Norr1►Pulik3IModONo „s4,.....„ a 4.,!_44.., =•..,r i„OoA...141/4e06.i$.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 of Attorney 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 5TH day of DECEMBER 2019 • e 3 .z ..• Assistant Secretary S1029AF(06/15) ""...11 DANCRIS-02 BCHOWNING A�CO�ROF CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 122/4/2/4/2019 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 Becky Chowning Garrett-Stotz Company PHONEFAX 1601 Alliant Ave (A/C,No,Ext): (502)415-7021 (A/c,No): Louisville,KY 40299 ADDRIESS:bchowning@garrett-stotz.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance 23396 INSURED INSURER B: Dan Cristiani Excavating Co,Inc INSURER C: 1221 Old Hwy 31E INSURER D: Clarksville,IN 47129 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CPP211104700 2/1/2019 2/1/2020 PatiISEs(Ea occurrence] $ 500,000 X X C U MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY _ $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X CA211104600 2/1/2019 2/1/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSEONLY _ AUTOS BODILY INJURY(Per accident) $ . X AUTOX AUUTN S ONL (Perr accide S ONLY YY nt)pAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE X X CU211104900 2/1/2019 2/1/2020 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WC209110005 2/1/2019 2/1/2020 1,000,000 FFIRME M EXCLUDED? N/A E.L.EACH ACCIDENT $ ManCEdatory/ In 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Rented/Leased Equip IM211104800 2/1/2019 2/1/2020 Limits 1,000,000 A Installation Floater IM211104800 2/1/2019 2/1/2020 LIMITS 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: 8th and Hopkins Drainage Improvements;Job#14032 in Jeffersonville,IN Jeffersonville Drainage Board;City of Jeffersonville and Jacobi,Toombs&Lanz,Inc.,are Additional Insureds on a Primary&Non-Contributory basis„as required by written contract. Waiver of Subrogation applies to Additional Insureds,as required by written contract and where allowed by law. 30 day notice of cancellation shall be given to the certificate holder,10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jeffersonville Drainage Board THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. City of Jeffersonville 500 Quartermaster Court 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 AGl,, } GREAT AMERICAN INSURANCE COMPANY AMERICAN INSURANCE GROUP OHIO BID 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): DAN CRISTIANI EXCAVATING CO.,INC. GREAT AMERICAN INSURANCE COMPANY 1221 OLD HIGHWAY 31E 301 EAST 4TH STREET CLARKSVILLE, IN 47129 CINCINNATI,OH 45202-4201 OWNER: (Name, legal status and address) JEFFERSONVILLE DRAINAGE BOARD CITY OF JEFFERSONVILLE 500 QUARTERMASTER COURT JEFFERSONVILLE, IN 47130 BOND AMOUNT: $ FIVE PERCENT(5%)OF THE AMOUNT OF THE BID---- PROJECT: (Name, location or address, and Project number, if any) 8TH AND HOPKINS DRAINAGE IMPROVEMENTS The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a Surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or(2)pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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 requirements 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. Signed and sealed this 6TH day of NOVEMBER , 2019 BI�„ DAN CRISTIANI EXCAVATING CO., INC. �K J Q,,,. (Principe f� (Seal) (Witness) �� (Title) GRE ME CAN INSURANCE CO ANY lx-1k (S (Seal) (Witness) DIANE L. PHEL orney-in-Fa HOMAS .MITCHELL The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310-2010 Edition A 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 ELEVEN No.0 20768 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN 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 STEVEN M.GARRETT DIANE L.PHELPS ALL OF ALL WILLIAM A.KANTLEHNER,III CHRISTOPHER E.VON ALLMEN LOUISVILLE,KENTUCKY $100,000,000 THOMAS J.MITCHELL ANDREW G.WINDHORST,JR. ROGER A.NEAL ROSS E.JOHNSON RYAN P.MITCHELL ANDREA CORTES JEFFREY A.BROWN 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 18TH day of MARCH 2016 . Attest GREAT AMERICAN INSURANCE COMPANY rushy e 3 Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 18TH day of MARCH , 2016 , 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. Su1enA)(chord No "Siztom- (.C'_ > WyComnialce EON Wf►P11�IG�YMatg4lblyyy0 This Power of Attorney 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 of Attorney 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 6TH day of NOVEMBER ' 2019 ' e 3 ...... '• � Assistant Secretary S1029AF(06/15)