HomeMy WebLinkAboutMAC Consruction & Excavating, Inc. (Reconstruction of Utica Sellersburg & Charlestown Pike) City of Jeffersonville
Government Contract Coversheet
Please note:All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
0 E I V E O
Date Submitted to Clerk: 814711
-1;24
Department: 4jl rOrnef
MA&Vendor Name: ( 'iuithôitt'
Sign Date: 1W9574),2,1-
Ending Date: LUzle l q , 2L2-(€
Amount of Original Contract: ti> Y1 2- D tYL
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Is this an amendment or change order
to original contract? Yes or k O
Amended Contract Amount:
Purpose: 405hittil,M
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For Clerk's Office to fill out
Date uploaded to Gateway:
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City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road & Charlestown-Jeffersonville Pike Reconstructions
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT CEt'J EG ,`'' ` f
This Agreement is by and between City of Jeffersonville Redevelopment Commission("Owner")and MAC
Construction & Excavating, Inc. ("Contractor").
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work
is generally described as follows:
The project consists of the reconstruction of Utica-Sellersburg Road (Division A) and
Charlestown Pike (Division B).
Division A consists the reconstruction of Utica-Sellersburg Road from Charlestown-
Jeffersonville Pike to Keystone Boulevard,approximately 2,700 feet.The project includes road
construction, curb and gutter,sidewalks, storm sewers, water main replacements, and all
other items necessary for the construction of a complete project.
Division B consists the reconstruction of Charlestown Pike from Holmans Lane to Utica-
Sellersburg Road, approximately 8,775 feet.The project includes road construction, curb and
gutter,sidewalks, storm sewers, water main replacements, and all other items necessary for
the construction of a complete project.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: Utica-Sellersburg Road(Division A)and Charlestown Pike(Division B)Reconstructions.
ARTICLE 3—ENGINEER
3.01 The Owner has retained HWC ("Engineer") to act as Owner's representative, assume all duties
and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the
Contract.
3.02 The part of the Project that pertains to the Work has been designed by Jacobi,Toombs and Lanz,
Inc.
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
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City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road & Charlestown-Jeffersonville Pike Reconstructions
4.02 Contract Times:Dates
A. The Work will be substantially complete and ready for final payment in accordance with
Paragraph 15.06 of the General Conditions on or before June 19, 2026 for all work.
4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. The parties also
recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay(but not as a penalty):
1. Completion: The Contractor will be penalized $1,500.00 for each day that it takes to
complete the project beyond the completion date, June 19, 2026. Such penalty will be
held back from monies due the CONTRACTOR.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is
precluded from recovering any other damages, whether actual, direct, excess, or
consequential,for such delay,except for special damages (if any)specified in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents,the amounts that follow,subject to adjustment under the Contract:
A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item).
The total of all extended prices for Unit Price Work (subject to final adjustment based on
actual quantities) is$16,280,000.00.
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are
based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer.
B. For all Work, at the prices stated in Contractor's Bid on the Unit Price Form, attached hereto
as an exhibit.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions.Applications for Payment will be processed by Engineer as provided in the General
Conditions.
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City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road & Charlestown-Jeffersonville Pike Reconstructions
6.02 Progress Payments;Retainage
A. Owner shall make progress payments on the basis of Contractor's Applications for Payment
on or about the 5th day of each month during performance of the Work as provided in
Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted
in a timely manner and otherwise meet the requirements of the Contract.All such payments
will be measured by the Schedule of Values established as provided in the General Conditions
(and in the case of Unit Price Work based on the number of units completed)or, in the event
there is no Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
a. 90 percent of the value of the Work completed (with the balance being retainage).
1) If 50 percent or more of the Work has been completed, as determined by
Engineer,and if the character and progress of the Work have been satisfactory to
Owner and Engineer, then as long as the character and progress of the Work
remain satisfactory to Owner and Engineer,there will be no additional retainage;
and
b. 90 percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer's estimate of the value of Work to be completed or corrected as shown on the punch
list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion
or any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
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City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road & Charlestown-Jeffersonville Pike Reconstructions
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual (copy of list
attached).
6. Drawings(not attached but incorporated by reference)consisting of 257 sheets with
each sheet bearing the following general title:
Utica-Sellersburg Road & Charlestown-Jeffersonville Pike Reconstructions
7. Addenda issued during bidding.
8. Unit Price Bid Form.
9. Contractor's Statement of Understanding of Utility Conflicts & Issues
10. Exhibits to this Agreement(enumerated as follows):
a. Geotechnical Report
11. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE 8—REPRESENTATIONS,CERTIFICATIONS,AND STIPULATIONS
8.01 Contractor's Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas,and become familiar with the general, local,and Site conditions that may
affect cost, progress,and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
005200-4
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road & Charlestown-Jeffersonville Pike Reconstructions
4. Contractor has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site;information and
observations obtained from visits to the Site;the Contract Documents;and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information,observations,and Technical Data on(a)the cost,progress,and
performance of the Work; (b)the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor's safety
precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times,and in accordance with the other terms and conditions of the
Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
8.02 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this
Paragraph 8.02:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of Owner,
005200-5
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road& Charlestown-Jeffersonville Pike Reconstructions
(b)to establish Bid or Contract prices at artificial non-competitive levels,or(c)to deprive
Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC®C-700, Standard General Conditions for the Construction Contract (2018), published
by the Engineers Joint Contract Documents Committee, and if Owner is the party that has
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor, through a process such as
highlighting or"track changes" (redline/strikeout),or in the Supplementary Conditions.
005200-6
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road& Charlestown-Jeffersonville Pike Reconstructions
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on May 3, 2024 (which is the Effective Date of
the Contract).
Owner:City of Jeffersonville Redevelopment Contractor:
Commission MAC Construction& Excavating Inc.
? �,111111111ip
(typed o tinted n e of r�g��ization) (typed or prin . name of or.;r tion) AO�•OL& _ ///�i',
(indi idu 1's nature) (individual's si. . •`�.• ..
Date: �/ ��2 Date: M. 3, 2024 =o:GORPORgr�':c)
(dat signed) (date signed) �. SEAL Z`
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Name: v-k‘�� Name: Travis O. Unruh �t ... /°1 ��
(typed or printed) (typed or printed) � NA19������``•``
Title: ,e�ir.,�e.? t Title: President /ii ���
(typed or printed) (typed or printed) //��Irl1411�1
Attes • ttest: Th..)._ - `•-.
(indiv al's signature) 2 (individual's signature)
Title: C. t T4 7/22(/a Title: Darlene S. Cochran - C.O.O.
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:
500 Qvarfvmas•Fer Cvh•it 1908 Unruh Court
,Tt,Pferson•i:I lei .TN y7130 New Albany, IN 47150
Designated Representative: Designated Representative:
Name: Ancht Cro,ic,h Name: Rick Meunier
si (typed or printed) (typed or printed)
Title: C;}� En ,e.er Title: VP Power/Industrial & Sr Project Mgr
�l ( ped or printed) (typed or printed)
Address: Address:
500 Qlar}el-MA. 'r Court 1908 Unruh Court
-ffcrs.,n,,�lle) •/ q 7)30 New Albany, IN 47150
Phone: (gig) ,285- &--/762 Phone: 812-941-5336
Email: a,cruvc-1-N@ci•I•,vfjcfc.net" Email: RickM@MACConstruction.com
J License No.: FEIN: 35-1487672
(where applicable)
State: Indiana
005200-7
00 4114 UNIT PICE BID FORM
Division A- Utica-Sellersburg Road Reconstruction (Addendum No. 5)
UNIT TOTAL
ITEM No. ITEM DESCRIPTION QUANTITY UNIT PRICE COST
INSTALLED
1 Mobilization and Demobilization I LS 5 400,000.00 5 400,00000
2 Clearing Right of Way 1 LS $ 299.62600 $ 299,62600
3 Construction Engineering/Stakeout 1 LS $ 100,000.00 $ 100,00000
4 Maintaining Traffic I LS 5 180,000.00 $ 180,00000
5 Erosion Control 1 LS $ 75,000.00 5 75,00000
6 Excavation,Common 1,720 CYS S 50.00 5 86,00000
7 Borrow 2,515 CYS 5 100 $ 2,51500
8 Subgradc Treatment,Type II 2,215 SYS 5 19 00 $ 42,08500
9 Subgradc Treat mcnt,Type IC 885 SYS $ 5000 5 44,25000
10 PCCP For Patching,6 U2In 600 SYS 5 9600 5 57,60000
11 Milling,Asphalt,15'Max 7,400 SYS $ 150 5 11.10000
12 Gcogrid,Type 1B 1,300 SYS 5 7.00 $ 9,10000
13 HMA Surface,Type C,9 5 min 660 TON 5 95.00 $ 62.700 00
14 HMA Intermediate,Type C,19 0 mm 95 TON S 146 00 $ 13,87000
15 HMA Base.TypeC,250mm 150 TON $ 10100 $ 15,15000
16 Variable#SYD HMA Wedge 8e Level,Type C.19 0 mm 660 TON S 92 00 $ 60.720 00
17 Sidewalk,Concrete 1,150 SYS $ 60.00 5 69,00000
18 Curb Ramp,Concrete 2 EA 5 3,900.00 $ 7,80000
19 Curb and Gutter,Concrete Modified 3,800 LFT 5 2800 $ 106,40000
20 HMA For Approaches,Type B 400 TON 5 120.00 $ 48,000 00
21 PCCP for Approaches,6 In 810 SYS $ 9000 $ 72,90000
22 PCCP for Approaches,91n 1,410 SYS 5 100.00 $ 141,00000
23 Compacted Aggregate,No 53 350 CYS $ 58.00 $ 20,30000
24 Mulched Seeding 2,800 SYS 5 250 $ 7,00000
25 Sodding,Nursery 750 SYS 5 7.00 5 5,25000
26 Pipe,Type 2,Circular.12 In 510 LFT $ 90.00 $ 45,90000
27 Pipe,Type 2,Circular,15 In 1,770 LFT 5 92.00 $ 162,84000
28 Pipe,Typc 2,Circular.IS In 420 LFT S 11000 5 46,20000
29 Pipc,Type 2,Circular,24 In 500 LFT 5 15000 5 75,00000
30 Inlet,B15 2 EA $ 3,30000 5 6,60000
31 Inlet,C 15 4 PA S 3,40000 $ 13,60000
12 Inlet,E 7 10 EA 5 2,50000 $ 25,00000
33 Inlet,F 7 I EA $ 2,50000 $ 2,50000
34 Inlet,J 10 Modified 5 EA 5 3,60000 $ 18,00000
35 Inlet,M 10 35 EA 5 3,10000 5 108,50000
36 Inlet,R 13 I FA 5 3,10000 5 3,10000
37 Manhole,C 4 3 EA 5 3.80000 5 1140000
38 Pipe End Section,Precast Concrete,For 12 In Pipe 2 EA $ 2,00000 5 4,00000
39 Pipe End Section,Precast Cone rete,For 24 In Pipe 6 EA 5 3,00000 $ 18.00000
40 Reinforced Concrete Box Culvert,8 V\'x 5 H 44 LF 5 1550 00 $ 68,20000
41 Casting.Manhole,Adjust To Gracie 9 EA 5 1,00000 $ 9,00000
42 Signage 26 EA $ 50000 $ 13,00000
43 Mailbox Assembly,Single 9 EA $ 50000 $ 4,50000
44 Mailbox Assembly,Double 3 EA $ 55000 $ 1,65000
45 Line,Thermoplastic,Solid,Yellow,4 In 5,000 LFT S 148 5 7,40000
46 T mnsverse Marking,Thermoplastic,Crosswalk Line,White,24 In 250 LFT $ 14 00 $ 3,500 00
47 Transverse Marking,Thermoplastic,Stop Line,White.24 In 300 LFT 5 14 00 $ 4,20000
48 Pavement Message Marking.Thermoplastic,Railroad Crossing 5 EA $ 95000 $ 4,75000
00 4114 UNIT PICE BID FORM
Division A- Utica-Sellersburg Road Reconstruction (Addendum No. 5)
UNIT TOTAL
ITEM No. ITEM DESCRIPTION QUANTITY UNIT PRICE COST
INSTALLED
49 Water Main,PVC,DR14,C900,6inch 30 LF $ 340.00 S 10.20000
50 Water Main,PVC,DR 14,C 900,8 inch 30 LF 5 235.00 $ 7,05000
51 Water Main,PVC,OR 14.C 900.12 inch 2800 LF $ 17500 5 49000000
52 Gate Valve,6inch 1 FA 5 2,00000 5 200000
53 Gate Valve,12 inch II EA 5 5,20000 5 57,20000
54 Fire Hydrant Assembly 4 EA S 10,000.00 $ 40,00000
;5 DELETED 0 IA 5 5
56 Reconnect Existing Water Services To Proposed Water Mains 17 EA 5 3,000.00 5 51,00000
57 Existing Water Meter.Relocate 17 EA S 2,20000 $ 37.40000
58 Structures 301&302 I LS S 300000.00 $ 300,00000
59 Unidentified Conflict Contingency 1 LS 5 100000.00 5 100,000 00
60 Asphalt Price Adjustment 1 LS 5 $
61 Tapping Sleeve&Valve Assembly,16 In x 12 In 2 EA 5 18,000.00 $ 36,000 00
62 Tapping Sleeve&Valve Asse mbly,12 In x 10 In 1 EA 5 17,000.00 5 17.00000
63 Tapping Sleeve,Valve Assembly.12 In x8In 2 EA $ 13.000 00 5 26,00000
64 Tapping Sleeve&Valve Assembly,12In x 2 In I EA 5 7,00000 $ 7,00000
65 Pipc.RCP Class V,Circular,18 In 86 LFT 5 54 00 5 4,644 00
66 Pipe Installation,Trenchless,Steel Casing.18In 76 LF1 5 1,00000 $ 76,00000
67 Pipe Installation,Trenchless,Steel Casing,30 In 76 LFT 5 1,50000 5 114,000 00
68 Inspection Hole,Deeper than 3 FT 4 EA $ 1,50000 $ 6,000 00
69 Undercut Unsuitable Subgrade 430 CYS 5 11000 5 47,30000
Division A Total $ 4,023,000.00
Division B - Charlestown Jeffersonville Pike Reconstruction (Addendum No. 5)
l I LM No. I I.I.M DI:SCRIPT ION QC ANT 11Y UNIT N5 I I OTAI.
PRICE 1NSIALLL.D COST.
I Mobilization and Demobilization 1 ES 5 1,225,000.00 $ 1,225,00000
2 Clearing of Right of Way 1 LS $ 700,792.40 S 700,792 40
3 Construction Engineering/Stakeout I LS $ 150.000.00 $ 150,00000
4 Maintaining Traffic I LS 5 410,00000 $ 410,00000
5 Erosion Control I LS $ 165,000.00 5 165,00000
6 Excavation,Common 8,097 CYS 5 50.00 $ 404,85000
7 Borrow 4,848 CYS $ 1.00 5 4,84800
8 Subgracic Treatment,Type II 2,170 SYS $ 25.00 $ 54,25000
9 Siubgrade Treatment,Type IC 20,196 SYS S 3500 $ 706,86000
10 Geogrid,Type 1B 156 SYS S 700 $ 1,09200
11 Compacted Aggregate,No 53 4,976 CYS $ 58.00 $ 288,608 00
12 Widening with HMA Base,Type C.250 mm 1,786 TON $ 84 00 $ 150,024 00
13 Milling,Asphalt,1.5'Max 5,092 SYS $ 6.00 $ 30,552 00
14 HMA Surface,Type C,95mm 3,025 TON $ 88.00 $ 266,20000
15 HMA Intermediate,Type C,190mm 1,879 TON $ 8100 5 152,19900
16 HMA Base.Type C,25.0 mm 1,221 TON $ 78 00 $ 95,23800
17 HMA Wedge&Level,Type C,19 0 mm 4,797 TON $ 8100 $ 388,55700
18 PCCP For Patching,6172In 290 SYS S 10800 5 31.32000
19 Sidewalk,Concrete 7,630 SYS $ 6100 $ 465,43000
20 Curb Ramp,Concrete 550 SYS 5 18100 $ 99,55000
21 Detectable Warning Surfaces 90 SYS $ 29000 $ 26,10000
22 Curb and Gutter,Concrete,Modified 16,000 LET $ 2800 $ 448,00000
23 HMA For Approaches,Type B 726 TON $ 16800 5 121,96800
24 PCCP for Approac hes.6 In 1,574 SYS S 10000 5 157,40000
25 PCCP for Approaches.9 In 156 SYS $ 12000 $ 18,72000
26 Mailbox Assembly,Single 38 EA $ 50000 5 19,0000(1
27 Mailbox Assembly,Double 2 EA 5 55000 $ 1,10000
28 Mailbox Assembly,Masonry Brick 9 EA $ 3,20000 $ 28.80000
29 Mulched Seeding 13,620 SYS S 250 5 34,050 00
30 Sodding,Nursery 6,061 SYS 5 700 $ 42,42700
31 Reinforced Concrete Box Culvert,6 bl x 4 H 246 LET $ 1,30000 $ 319,80000
32 DELETED 0 LFF 5 5
33 Pipe.Type 2,Circular,4 In 100 LET $ 5300 5 5.30000
34 Pipe,Type 2,Circular,10 In 10 LFT $ 75.00 $ 750 00
35 Pipe,Type 2,Circular,12 In 2,100 LET $ 10000 $ 210,000 00
36 Pipe.Type 2,Circular,15 In 4,600 LFT $ 115.00 $ 529,00000
37 Pipe,Type 2,Circular,18 In 1,150 LIT 5 160.00 $ 184.000 00
38 Pipe,Type 2,Circular,24ln 1,600 LFT $ 17500 $ 280,00000
39 Pipe,Type 2,Circular,36 In 20 LET $ 40000 5 8,000 00
40 Inlet,815 1 EA $ 3,30000 $ 3,30000
41 Inlet,C15 28 EA 5 3,400.00 5 95,20000
42 Inlet,E7 23 EA $ 2,500.00 $ 57,50000
43 Inlet,F7 1 EA $ 2,500.00 $ 2,50000
44 InIct,Jl0Modifier! 30 EA 5 3,600.00 $ 108,00000
45 Inlet.MIO 58 EA $ 3,100.00 5 179,80000
46 Inlet,R13 1 EA S 3,100.00 $ 3,10000
47 Manhole,C4 Modified 4 EA $ 4,00000 $ 16,00000
48 Manhole,134 Modified 2 EA $ 14,000.00 $ 28,00000
49 Pipe End Section,Precast Concrete Headwall,For 12 In Pipe 6 EA $ 2,00000 $ 12,00000
50 Pipe End Section,Precast Concrete Headwall,For 15 In Pipe 2 EA $ 2,500.00 $ 5,00000
51 Pipe End Section,Precast Concrete Headwall,For 18 In Pipe 2 EA $ 2,75000 $ 5,50000
52 Pipe End Section,Precast Concrete Headwall,For 24 In Pipe 2 EA $ 3,00000 $ 6,00000
Division B - Charlestown-Jeffersonville Pike Reconstruction (Addendum No. 5)
t'`1I 1 TOTAI.
1 I I.Nt No. Ill NI DESCRIP'I ION Q' AN 1 I Il I >'1 I PRICE IN'I ALLLD COSI'
53 Ell Headwall,Precast Concrete,12In 2 EA $ 2,200.00 5 4,40000
54 Headwall,Precast Concrete,6'Wx4 H 8 EA 5 17,00000 $ 136.00000
55 DELETED 0 EA 5 $
56 DELETED 0 EA 5 5
55 DELETED 0 PA S $
58 Casting,Furnish and Adjust To Grade 4 EA $ 1.700.00 $ 6,800 00
59 Casting.Adjust To Grade II EA S 1,000.00 $ II,000 00
60 Connect Proposed Pipes Structures To Existing Pipes Structures 4 EA $ 6,000.00 5 24,00000
61 Water Main,PVC,DR 14,C 900,4In 60 LF 5 100.00 5 600000
62 Water Main,PVC,DR 14,C 900,6 In 200 LE 5 140.00 $ 28000 00
63 Water Main,PVC,DR 14,C 900,8 In 350 LF S 260 00 5 91,00000
64 Water Main,PVC,DR 14.0 900.12 In 7,500 LF 5 200.00 $ 1,500,00000
65 Gate Valve,4 In 2 EA 5 1800.00 5 3,60000
66 Gate Valve,6 In 6 EA $ 2,000.00 5 12,00000
67 Gate Valve,BIn II EA $ 3,000.00 $ 3300000
68 Gate Valve,12In. 28 EA 5 5,200.00 $ 14560000
69 Fire Hydrant Assembly 4 EA S 10,000.00 $ 40,00000
70 DELETED 0 LS S $
71 Reconnect Existing Water Services To Proposed Water Mains 46 EA 5 3,000 00 5 138,00000
72 Existing Water Meter,Relocate 53 EA 5 2200.00 5 116.600 00
73 Signs 27 EA $ 600.00 $ 16,20000
74 Pavement Message Marking.Thermoplastic,Lane Indication Arrow 77 EA 5 110.00 5 8,47000
75 Pavement Message Marking,Thermoplastic.ONLY 2 EA 5 210.00 $ 42000
76 Pavement Message Marking,Thermoplastic RXR 4 LFT $ 950.00 $ 3,80000
77 Line,Thermoplastic,Solid,White,4In 820 LFT $ 1.48 $ 1,21360
78 Line,Thermoplastic,Solid,Yellow,4In 16000 LFT $ 1.48 $ 23.68000
79 Line,Thermoplastic.Broken,Yellow,4In 12.200 1.FT 5 148 5 18,05600
80 Transverse Marking.Thermoplast ic,Crosswalk Line,White,24 1,500 LFT 5 14.00 $ 2100000
81 Transverse Marking,Thermoplastic.Stop Line,White,24 In 550 LFT 5 14.00 $ 7,70000
82 Modular Block Retaining Wall 550 SFP $ 114.00 5 62,70000
e4 DELETED 0 & 5 $
84 Privacy Fence,Wood 290 LFT 5 48.00 5 13,92000
85 Two Rail Ranch Fence,White,Vinyl 670 LFT $ 35.00 $ 23 45000
86 Three Rail Ranch Fence,Wood 400 I_F-T $ 36.00 5 14,40000
87 Four Rail Ranch Fence,'A'ood 105 LFT 5 44.00 5 4,62000
88 Unidentified Conflict Contingency 1 LS $ 15000000 5 150.00000
89 Asphalt Price Adjustment 1 IS $ 5
90 Class 2Riprap 514 TON 5 6000 $ 3084000
91 Reinforced Concrete Box Culvert,9\\x 6 H 60 LFT $ 1,500.00 5 90,00000
92 9 Wx6 H Precast Headwall(Str No 271) 1 PA $ 25,000.00 $ 25,00000
93 9 Wx6 H Straight Hcaclwall(Str No 274) I EA 5 55,000.00 $ 55,00000
94 Pipe,RCP Class V.Circular,IB In 140 LFT 5 100.00 S 14000 00
95 Reducer,12In x8In 2 EA 5 9,00000 5 1800000
96 Tapping Sleeve&Valve Assembly,8 In x 8 In 6 EA S 11,000.00 $ 66,000 00
97 Tapping Sleeve&Valve Assembly,8 In x 6 In 2 EA S 10,000.00 $ 20,00000
98 Tapping Sleeve&Valve Assembly.8 In x 3 In 1 EA 5 8,900.00 $ 8,90000
99 Tapping Sleeve&Valve Assembly,6In x 6In 5 EA $ 9,500.00 $ 47,50000
100 Tapping Sleeve&Valve Assembly,4 In x 3In 1 EA $ 7,800.00 5 7,8(X)00
101 Tapping Sleeve&Valve Assembly,4 In x 2la 1 EA $ 7.613000 $ 7,600 00
102 Pipe I nstallation,Trenchless,Steel Casing,18 In 50 LFT $ 1,10000 $ 55,00000
103 Pipe Installation,Trenchlcss.Steel Casing.30 In 50 LFr $ 1,30000 5 65,00000
104 Inlet.MIO Modified 8 EA 5 4,00000 5 32,00000
Division B - Charlestown-Jeffersonville Pike Reconstruction (Addendum No. 5)
1'NI I IOIAL
1 flAl No. I 1 ENI DESCRIP'I ION QU\N I I IY `'I PRICE:INSI'AL1,I D COS I
105 Inspection Hole,Deeper than 3 FT 10 EA $ 1,500.00 $ 15,000.00
106 Three Rail Ranch Fence,White,Vinyl 142 LFT $ 62.00 $ 8,804.00
107 Privacy Fence,White,Vinyl 39 LFT $ 144.00 $ 5,616.00
108 Reconstruct Existing Sulxlivision Signs 6 EA 5 10,000.00 5 60,000.00
109 Undercut Unsuitable Subgrade 2025 CYS $ 105.00 5 212,625.00
Division B Total $ 12,257,000.00
Division A Total $ 4,023,000.00
Division B Total $ 12 257,000.00
Division A+B Total $ 16,280,000.00
MAC Construction&Excavatinq, Inc.
CONTRACTOR
Li
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road&Charlestown-Jeffersonville Pike Reconstructions
PERFORMANCE BOND
Contractor Surety
Travelers Casualty and Surety
Name: MAC Construction & Excavating, Inc. Name: Company of America
Address(principal place of business): Address(principal place of business):
1908 Unruh Court One Tower Square
New Albany, IN 47150 Hartford,CT 06183
Owner Contract
Name: City vf Jeffersonville
Description(name and location):
Redevelopment Commission
Mailing address(principal place of business): Utica-Sellersburg Road &
Charlestown-Jeffersonville Pike Reconstructions
500 Quartermaster Court,Suite 257
Jeffersonville, IN 47130
Contract Price: $16,280,000.00
Effective Date of Contract: May 3,2024
Bond
Bond Amount: $16,280,000.00
Date of Bond: May 3,2024
(Date of Bond cannot be earlier than Effective Date of Contract)
Modifications to this Bond form:
kJ None❑See Paragraph 16
Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth in this
Performance Bond,do each cause this Performance Bond to be duly executed by an authorized officer,
agent,or representative.
Contractor as Principal Surety
MAC Constructio Excava ' tttllfffl'
G L&� /jf�velers Casualty and Surety Company of America
(Full forma am:of Contra • .., G ✓ ( 11 ormal name of Sur ty)( r rate seal)
By_ „sit:
•(Signature U 7 .: _ ( ignature)(Attach Power of Attorney)
Name: Travi. O. Unruh =_ SEAL ; 4i e: Monica A.Kaiser
(Printed or tYRB�i•'• � (Printed or typed)
Title: President ��� e41tle: Attorney-in-Fact
�s�' /�lANA �e��`
Attest: ---� ` Q� e,.® Attest: 1C(�r. L it.,N,ZLook.)
(Signature) 0 (Signature)
Name: Darlene S. Cochran Name: K;tiba ly �. Carook.s
(Printed or typed) (Printed or typed)
Title: C.O.O. Title: Witness
Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to
Contractor,Surety,Owner,or other party is considered plural where applicable.
006113-1
a
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road&Charlestown-Jeffersonville Pike Reconstructions
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors, and assigns to the Owner for the performance of the Construction
Contract,which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no
obligation under this Bond, except when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond
will arise after:
3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice may 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 Paragraph 3.1 will 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 does not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
3.2. The Owner declares a Contractor Default,terminates the Construction Contract and notifies the
Surety; and
3.3. 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 Paragraph 3.1 does 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 Paragraph 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 Owners
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 Paragraph 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:
006113-2
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road& Charlestown-Jeffersonville Pike Reconstructions
5.4.1 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
5.4.2 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 Paragraph 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 Paragraph 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.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to
the Owner will not be greater than those of the Contractor under the Construction Contract,and the
responsibilities of the Owner to the Surety will 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:
7.1. the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
7.2. 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 Paragraph 5;and
7.3. 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 Paragraph 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 will not be reduced or
set off on account of any such unrelated obligations. No right of action will 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 must be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and must 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit will be
applicable.
12. Notice to the Surety,the Owner,or the Contractor must 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 will be deemed deleted therefrom and provisions conforming to such
006113-3
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road&Charlestown-Jeffersonville Pike Reconstructions
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the
intent is that this Bond will 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 for
the Contractor for 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 will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
16. Modifications to this Bond are as follows: [Describe modification or enter"None"]
-------------------- ---
006113-4
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road& Charlestown-Jeffersonville Pike Reconstructions
PAYMENT BOND
Contractor Surety
Name: MAC Construction & Excavating, Inc. Name: Travelers Casualty and Surety
Company of America
Address(principal place of business): Address(principal place of business):
1908 Unruh Court One Tower Square
New Albany, IN 47150 Hartford,CT 06183
Owner Contract
City of Jeffersonville
Name: Redevelopment Commission Description(name and location):
Mailing address(principal place of business): Utica-Sellersburg Road &
Charlestown-Jeffersonville Pike Reconstructions
500 Quartermaster Court, Suite 257
Jeffersonville, IN 47130
Contract Price: $16,280,000.00
Effective Date of Contract: May 3, 2024
Bond
Bond Amount: $16,280,000.00
Date of Bond: May 3, 2024
(Date of Bond cannot be earlier than Effective Date of Contract)
Modifications to this Bond form:
J(7 None ❑ See Paragraph 18
Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth in this
Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer,agent,or
representative.
Contractor as Principal Surety
MAC Constructio• . EXcav• r`conai iU,1,,/Travelers Casualty and Surety Company of America r�
(Full forma a of Contra ) `\UN ; .E�,C//, 11 ormal name of Sur ty)By:
(c r rate seal)
g tor; 111
(Signature!`••:' RPQ�r '•, (Signature)(Attach Power of Attorney)
Name: Tray', O. Unruh = O : ttie: Monica A. Kaiser
(Printed or typl.c*LJ. SE L n (Printed or typed)
Title: President �L'. T.k e: Attorney-in-Fact
Attest: +ee' Attest:
(Signature) `��l9iidtt`t°`�°�y
S�natureJ
Name: Darlene S. Cochran Name: I-1;rti,17,-(14 13 zooKS
(Printed or typed) (Printed or typed)
Title: C.O.O. Title: Witness
Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to
Contractor,Surety,Owner,or other party is considered plural where applicable.
006114-1
City of Jetfersonville Redevelopment Commission
Utica-Sellersburg Road& Charlestown-Jeffersonville Pike Reconstructions
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 will arise after the Owner has promptly notified the Contractor and the Surety(at the
address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the
Owner's property by any person or entity seeking payment for labor, materials, or equipment
furnished for use in the performance of the Construction Contract, and tendered defense of such
claims, demands, liens,or suits to the Contractor and the Surety.
4. When the Owner has satisfied the conditions in Paragraph 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 will arise after the following:
5.1. Claimants who do not have a direct contract with the Contractor
5.1.1. 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
5.1.2. have sent a Claim to the Surety(at the address described in Paragraph 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 Paragraph 13).
6. If a notice of non-payment required by Paragraph 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
Paragraph 5.1.1.
7. When a Claimant has satisfied the conditions of Paragraph 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 Paragraph 7.1 or 7.2 will not be deemed
to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,
except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however,the Surety fails to discharge its obligations under Paragraph 7.1 or 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.
006114-2
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road& Charlestown-Jeffersonville Pike Reconstructions
8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable
attorney's fees provided under Paragraph 7.3, and the amount of this Bond will 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 will 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
satisfying 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.
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 will 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 Paragraph 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 will
be applicable.
13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the
address shown on the page on which their signature appears. Actual receipt of notice or Claims,
however accomplished, will 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 will be deemed deleted here from and provisions conforming to such
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the
intent is that this Bond will be construed as a statutory bond and not as a common law bond.
15. Upon requests 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:
16.1.1. The name of the Claimant;
16.1.2. The name of the person for whom the labor was done, or materials or equipment
furnished;
16.1.3. 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;
16.1.4. A brief description of the labor, materials, or equipment furnished;
006114-3
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg Road&Charlestown-Jeffersonville Pike Reconstructions
16.1.5. The date on which the Claimant last performed labor or last furnished materials or
equipment for use in the performance of the Construction Contract;
16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished
as of the date of the Claim;
16.1.7. The total amount of previous payments received by the Claimant; and
16.1.8. 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 is to include
without limitation in the terms of"labor, materials, or equipment"that part of the 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.
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 will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
18. Modifications to this Bond are as follows: [Describe modification or enter"None"]
006114-4
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Monica A.Kaiser of
LOUISVILLE , Kentucky , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF.the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
P St
a co.ono wvrrwao, I 1 mootNA,
,ry` y Cowri a+el
State of Connecticut � %
By
City of Hartford ss. Robert L.Rane , enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
`
° O� k
•
IN WITNESS WHEREOF. I hereunto set my hand and official seal. �'' ''1,
HOTAR' 'My Commission expires the 30th day of June,2026 . .1 'S ?1,GrA• `
v c- ���!!!Anna___ P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority,and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect.
Dated this 3rd day of May , 2024 .
rLtRi-lOrD, rS- 'o caral° oovaiaer
a cores. /�
, . ., •+` z u�r
s /Kevin E.Hughes.Assistant Secretary
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.