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HomeMy WebLinkAboutTRAFFIC SIGNAL MODIFICATIONS AT COURT AND SPRING AGREEMENT BETWEEN OWNER AND CONTRACTOR (where the basis of payment is a stipulated sum) THIS AGREEMENT BETWEEN OWNER AND CONTRACTOR(this"Agreement") is entered into as of November 281h. 2016, (the"Effective Date") by and between the City of Jeffersonville Indiana (the"Owner"), and Hummel Electric, Inc., an Indiana corporation (the"Contractor")for Traffic Signal Modifications at the intersection of Court Avenue and Spring Street in Jeffersonville Indiana. In consideration of the premises and mutual covenants herein and for other good and valuable consideration, the parties agree as set forth below: ARTICLE 1 AGREEMENT DOCUMENTS 1.1 The Agreement Documents consist of this Agreement, Addenda issued prior to execution of this Agreement, the Personal Guaranty executed in accordance with this Agreement, other documents listed in this Agreement, and Exhibits as described herein.These form the Agreement and are as fully a part of the Agreement as if attached to this Agreement or repeated herein. The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representations or Agreements, either written or oral. If anything in the other Agreement Documents is inconsistent with this Agreement, this Agreement shall govern. The following Exhibits are incorporated by reference and made part of this Agreement: EXHIBIT A: Agreement Price Estimate#1280 EXHIBIT B: INDOT 2016 Standard Specifications EXHIBIT C: Certificate of Insurance EXHIBIT D: EXHIBIT E: EXHIBIT F: ARTICLE 2 THE WORK OF THIS AGREEMENT 2.1 The Contractor shall execute the entire Work described in the Agreement Documents, except to the extent specifically indicated in the Agreement Documents to be the responsibility of others. ARTICLE 3 RELATIONSHIP OF THE PARTIES - 1 - 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner and undertakes to act as the Owner's Fiduciary in all matters related to the Project. The Contractor agrees to utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. ARTICLE 4 AGREEMENT PRICE 4.1 As full compensation for performance by Contractor of the Work, Owner shall pay Contractor the lump sum price of$62,477.50. The lump sum price is hereinafter referred to as the Agreement Price (Exhibit A), which shall be subject to increase or decrease as provided in this Agreement. ARTICLE 5 CHANGES IN THE SCOPE OF THE WORK 5.1 Contractor may request and/or Owner may order changes in the Work or timing or the sequencing of performance of the Work that impacts the Agreement Price or the Agreement Time. All such changes in the Work that affect Agreement Time or Agreement Price shall be formalized in a Change Order. 5.2 Owner and Contractor shall negotiate in good faith an appropriate adjustment to the Agreement Price and/or the Agreement Time and shall conclude these negotiations as expeditiously as possible. Acceptance of the Change Order and any adjustment in the Agreement Price and/or Agreement Time shall not be unreasonably withheld. 5.3 Changes in the Scope of the Work do not include those changes which are reasonably inferable from the Agreement Documents described in Exhibit B and which may be further described through further development of the drawings and specifications consistent with the Agreement Documents and reasonably inferable therefrom. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.1 SUPERVISION AND COORDINATION OF WORK Contractor shall be responsible for supervision and coordination of the Work, including the means, methods, techniques, sequences, and procedures utilized, unless the Agreement Documents give other specific instructions. In the event that Owner elects to perform Work at the Worksite directly or by others retained by Owner, Contractor and Owner shall coordinate the activities of all forces at the Worksite and shall agree upon fair and reasonable schedules and re operational procedures for Worksite activities. Owner shall require each separate contractor to cooperate with Contractor and assist with the coordination of activities and the review of construction schedules and operations. The Agreement Price and Agreement Time shall be equitably adjusted, as mutually agreed by the parties,for changes made necessary by the coordination of construction activities, and the construction schedule shall be revised accordingly. - 2 - 6.2 PERMITS, LICENSES, RENEWALS, AND TAXES Except for permits and fees that are the responsibility of the Owner pursuant to this Agreement, Contractor shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Additionally, Contractor shall pay all applicable taxes legally enacted when bids are received or negotiations concluded for the Work provided by Contractor. 6.3 EXAMINATION AND COMPARISON OF INFORMATION In order to facilitate its responsibilities for completion of the Work in accordance with and as reasonably inferable from the Agreement Documents, prior to commencing the Work, Contractor shall examine and compare the drawings and specifications with information furnished by Owner pursuant to Paragraph 7; relevant field measurements made by Contractor; and any visible conditions at the Worksite affecting the Work. 6.4 CONSULTATION The Contractor shall, as reasonably requested by the Owner, attend meetings with the Owner and provide consultation regarding the ongoing Work. 6.5 HAZARDOUS MATERIALS A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, and/or clean-up. Contractor shall not be obligated to commence or continue work until any Hazardous Material discovered at the Worksite has been removed, or rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. If Contractor incurs additional costs and/or is delayed due to the presence or remediation of Hazardous Material, Contractor shall be entitled to an equitable adjustment in the Agreement Price and/or the Agreement Time. 6.6 SITE CONDITIONS If the conditions at the Worksite are (a)subsurface or other physical conditions which are materially different from those indicated in the Agreement Documents, or(b) unusual or unknown physical conditions which are materially different from conditions ordinarily encountered and generally recognized as inherent in the Work provided for in the Agreement Documents, Contractor shall stop Work and give immediate written notice of the condition to Owner. Contractor shall not be required to perform any work relating to the unknown condition without the written mutual agreement of the parties. Any change in the Agreement Price or Agreement Time as a result of the unknown condition shall be made by Change Order. 6.7 CLEANING UP Contractor shall regularly remove debris and waste materials at the Worksite that result from the Work. Prior to discontinuing Work, Contractor shall clean the Worksite and remove all rubbish, equipment, tools, machinery, waste and surplus materials. - 3 - ARTICLE 7 OWNER'S RESPONSIBILITIES 7.1 FINANCIAL INFORMATION Prior to commencement of the Work, Owner shall provide Contractor with evidence of project financing. After Work has commenced, Owner shall provide proof of financing at the verbal or written request of Contractor. Such evidence of financing shall be a condition precedent to Contractor's commencing or continuing the Work. Contractor shall be notified prior to any material change in Project financing. 7.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner shall designate in writing an individual who shall receive and process any communications required by the Agreement Documents. 7.3 WORKSITE INFORMATION Owner shall provide at Owner's expense and with reasonable promptness each of the following, which Contractor shall be entitled to rely upon for its accuracy and completeness.. .1 information describing the physical characteristics of the Worksite, including surveys, evaluations, legal description, data or drawings depicting existing conditions, subsurface and environmental studies, reports and investigations; .2 tests, inspections, and other reports dealing with environmental matters, hazardous material, and other existing conditions, including structural, mechanical and chemical tests, required by the Agreement Documents or by law; and .3 any other information or services requested in writing by Contractor that are relevant to Contractor's performance of the Work and under Owner's control. The information required by this Paragraph shall be provided in reasonable detail. Legal descriptions shall include easements, title restrictions, boundaries, and zoning restrictions. Worksite descriptions shall include existing buildings and other construction and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, allies, and other features relevant to the Work. Utility details shall include available services, lines at the Worksite and adjacent thereto and connection points. The information shall include public and private information, subsurface information, grades, contours, and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Contractor in laying out the Work. 7.4 BUILDING PERMIT, FEES,AND APPROVALS Except for those required of Contractor pursuant to this Agreement, Owner shall secure and pay for all other permits, approvals, easements, assessments, and fees required for the development, construction, use or occupancy of permanent structures or for permanent changes in existing facilities, including the building permit. - 4 - ARTICLE 8 SUBCONTRACTS 8.1 Work not performed by Contractor with its own forces shall be performed by subcontractors. Contractor agrees to bind every subcontractor and material supplier(and require every subcontractor to so bind its subcontractors and material suppliers)to all the provisions of this Agreement and the Agreement Documents as they apply to the subcontractor's and material supplier's portions of the Work ordered by Owner, or arising from decision of Owner that impact the time of performance of the Work; labor disputes not involving Contractor;fire; encountering Hazardous Materials; adverse weather conditions not reasonably anticipated; concealed or unknown conditions; delay authorized by Owner pending dispute resolution. ARTICLE 9 AGREEMENT TIME 9.1 SCHEDULE OF THE WORK Within fifteen (15) days after execution of this Agreement and prior to the submittal of the first application for payment the Contractor shall prepare a Schedule of the Work in accordance with the Agreement Documents for the Owner's review. The Schedule of the Work shall indicate the date of Project Completion as March 15th 2017. The Contractor shall coordinate and integrate the Schedule of the Work with the services and activities of the Owner and Contractor. As Work proceeds, the Schedule of the Work shall be updated monthly to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, preparation and processing of documents and drawings, delivery of materials or equipment, and the date of Project Completion March 15th 2017 If the Schedule of the Work updates indicate that previously approved schedules may not be met, the Contractor shall make appropriate recommendations to the Owner consistent with maintaining the Project Completion date of March 15th 2017. 9.2 DELAYS AND EXTENSIONS OF TIME If Contractor is delayed at any time in the commencement or progress of the Work by any cause beyond the control of Contractor, Contractor shall be entitled to an equitable extension of the Agreement Time. In addition, if Contractor incurs additional costs as a result of such delay, Contractor shall be entitled to an equitable adjustment of the Agreement Price. Examples of cause beyond the control of Contractor include, but are not limited to, the following: acts or omissions of Owner or others retained by Owner; changes in the Work or the sequencing of the Work. 9.3 NOTICE OF DELAY CLAIMS If Contractor requests an equitable extension of Agreement Time and/or an equitable adjustment in Agreement Price as a result of a delay, Contractor shall give Owner written notice of the claim. If Contractor causes delay in the completion of the Work, Owner shall be entitled to recover its additional costs. - 5 - ARTICLE 10 PAYMENT 10.1 SCHEDULE OF VALUES Exhibit A. it 10.2 PROGRESS PAYMENTS Contractor shall submit to Owner a monthly application for payment no later than the 25th day of the calendar month for the preceding thirty(30)days. Contractor's applications for payment shall be itemized and supported by Contractor's Schedule of Values and any other substantiating data as required by this Agreement. Payment applications shall include payment requests on account of properly authorized Change Orders. Owner shall pay the amount otherwise due on any payment application no later than 45 days after Contractor has submitted a complete and accurate payment application. 10.3 PAYMENT DELAY If for any reason not the fault of Contractor, Contractor does not receive a progress payment from Owner within 45 days after the time such payment is due, Contractor, upon giving 5 days'written notice to Owner, and without prejudice to and in addition to any other legal remedies, may stop Work until payment of the full amount owing to Contractor has been received. The Agreement Price and Agreement Time shall be equitably adjusted by Change Order for reasonable cost and delay resulting from shutdown, delay, and start-up. 10.4 FINAL COMPLETION When final completion has been achieved, Contractor shall prepare for Owner's acceptance a final application for payment stating that to the best of Contractor's knowledge, and based on Owner's inspections, the Work has reached final completion in accordance with the Agreement Documents. Final payment of the balance of the Agreement Price shall be made to Contractor within 45 days after Contractor has submitted to the Owner a complete and accurate application for final payment. 10.5 RESERVATION OF CLAIMS Claims not reserved in writing with the making of final payment shall be waived except for claims relating to liens or similar encumbrances, warranties, defective work, and latent defects. 10.4.1 LATE PAYMENT Payments due but unpaid shall bear interest from the date payment is due at the rate of .5 percent per month. - 6 - ARTICLE 11 INDEMNITY 11.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold Owner, Owner's officers, directors, members, consultants, agents and employees harmless from all claims for bodily injury and property damage, other than to the Work itself and other property insured under Exhibit C, that may arise from the performance of the Work to the extent of the negligence attributed to such acts or omissions by Contractor, subcontractors, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may Be liable. Contractor shall not be required to defend, indemnify, or hold harmless Owner or others retained by Owner for any acts, omissions, or negligence of Owner or others retained by Owner. 11.2 To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless Contractor, Contractor's officers, directors, members, subcontractors, or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable from all claims for bodily injury and property damage, other than property insured under Exhibit C, that may arise from the performance of the Work by Owner or others retained by Owner, the extent of the negligence attributed to such acts or omissions by Owner or others retained by Owner. ARTICLE 12 j MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES 12.1 Owner and Contractor agree to waive all claims against each other for any consequential damages that may arise out of or relate to the Agreement. Owner agrees to waive damages including, but not limited to, Owner's loss of use of the Work, any rental expenses incurred, loss of income, profit or financing related to the Work, as well as loss of business, loss of financing, principle office overhead and expenses, loss of profits not related to the Work, or loss of reputation. Contractor agrees to waive damages including, but not limited to, loss of business, loss of financing, principle office overhead and expenses, loss of profits not related the Work, loss of bonding capacity or reputation. This paragraph shall not be construed to preclude contractual provisions for liquidated damages when such provisions to this paragraph shall also apply to the termination of this Agreement and shall survive such termination. ARTICLE 13 NOTICE TO CURE AND TERMINATION 13.1 NOTICE TO CURE A DEFAULT If Contractor persistently refuses or fails to supply enough properly skilled workers, proper materials, and/or equipment to maintain the approved Schedule of the Work in accordance with Article 9, or fails to make a prompt payment to its workers, subcontractors, or materials suppliers disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or is otherwise guilty of a material breach of a provision of this Agreement, Contractor may be deemed in default. If Contractor fails within seven (7)working days after written notification to commence and continue satisfactory correction of such default with diligence and promptness, then Owner, without prejudice to any other rights or remedies, shall have the right to take reasonable steps it deems necessary to correct deficiencies and charge the cost to Contractor who shall be liable for such payments including reasonable overhead, profit and attorney's fees. - 7 - 13.2 TERMINATION BY OWNER If, within seven (7)days of receipt of a notice to cure pursuant to Paragraph 13.1, Contractor fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, Owner may notify Contractor that it intends to terminate this Agreement for default absent appropriate corrective action within fourteen (14)additional days. After the expiration of the additional fourteen(14)day period, Owner may terminate this Agreement by written notice absent appropriate corrective action. Termination for default is in addition to any other remedies available to Owner under Paragraph 13.1. If Owner's costs arising out of Contractor's failure to cure, including the cost of completing the Work and reasonable attorney fees, exceed the unpaid Agreement Price, Contractor shall be liable to owner for such excess costs. In the event Owner exercises its rights under this Paragraph, upon the request of the Contractor, Owner shall furnish to Contractor a detailed accounting of the costs incurred by Owner. 13.3 TERMINATION BY CONTRACTOR Upon seven (7)days'written notice to Owner, Contractor may terminate this Agreement if the Work has been stopped for a thirty(30)day period through no fault of Contractor for any of the following reasons: .1 Under court order or order of other governmental authorities having jurisdiction; .2 as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of Contractor, materials are not available; or 13.4 In addition, upon seven (7) days' written notice to Owner, Contractor may terminate the Agreement if Owner: .1 fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project in accordance with Paragraph 7.1, or .2 assigns this Agreement over Contractor's reasonable objection, or .3 fails to pay Contractor in accordance with this Agreement and Contractor has complied with the notice provisions of Paragraph 7.1, or .4 otherwise materially breaches this Agreement. 13.5 Upon termination by Contractor pursuant to this Agreement, Contractor shall be entitled to recover from Owner payment for all Work executed and for any proven loss, cost or expense in connection with the Work, including all demobilization costs plus reasonable overhead and profit. 13.6 OBLIGATIONS ARISING BEFORE TERMINATION Even after termination the provisions of this Agreement still apply to any Work performed, payments made, events occurring, costs charged or incurred or obligations arising before the termination date. - 8 - ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION 14.1 CLAIMS FOR ADDITIONAL COST OR TIME Except as provided in Paragraphs 9.1 and 9.4 for any claim for an increase in the Agreement Price and/or the Agreement Time, Contractor shall give Owner written notice of the claim within fourteen (14)days after Contractor first recognizes the condition giving rise to the claim, whichever is later. Except in an emergency, notice shall be given before proceeding with the Work. Any change in the Agreement Price and/or the Agreement Time resulting from such claim shall be authorized by Change Order. 14.2 WORK CONTINUANCE AND PAYMENT j Unless otherwise agreed in writing, Contractor shall continue the Work and maintain the Schedule of the Work during any dispute resolution proceedings. If Contractor continues to perform, Owner shall continue to make payments in accordance with the Agreement. 14.3 INITIAL DISPUTE RESOLUTION PROCESSES If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled through direct discussions, the parties shall endeavor to settle the dispute by mediation under the current Construction Industry Mediation Rules of the American Arbitration Association before recourse to any binding dispute resolution procedures. Any notices hereunder may be served by registered or certified mail, postage prepaid, addressed to the parties at the following address: Contractor: Hummel Electric Inc. 2505 MJM Industrial Drive Evansville Indiana 47715 Owner: City of Jeffersonville 500 Quartermaster Court Jeffersonville Indiana 47130 14.4 OTHER DISPUTE PROCESSES If neither direct discussions nor mediation successfully resolves the dispute, the parties agree that arbitration shall be used to resolve the dispute. Arbitration shall be pursuant to the Construction Industry Rules of the American Arbitration Association unless the parties mutually agree otherwise. A written demand for arbitration shall be filed with the American Arbitration Association and the other party to the Agreement within a reasonable time after the dispute or claim has arisen, but in no event after the applicable statute of limitations for a legal or equitable proceeding has run. The arbitration award shall be final. This agreement to arbitrate shall be governed by the Federal Arbitration Act and judgment upon the award may be confirmed in any court having jurisdiction. 14.5 COST OF DISPUTE RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from the other party reasonable attorneys'fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. - 9 - ARTICLE 15 ASSIGNMENT Neither Owner nor Contractor shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. The terms and conditions of this Agreement shall be binding on both parties, their partners, successors, assigns and legal representatives. Neither party to this Agreement shall assign the Agreement as a whole without written consent of the other. ARTICLE 16 GOVERNING LAW I This Agreement will be governed by the laws of the State of Indiana, without regard for conflict of law provisions. - 10 - i ARTICLE 17 JOINT DRAFTING The parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate terms and to obtain assistance of counsel in reviewing terms prior to execution. This Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. i [Remainder of Page Intentionally Blank, Signature page follows.] I - I1 - Contractor: Hummel Electric, Inc. 2505 MJM Industrial Drive, Evansville, Indiana 47715 By. �—,�o�„ —� Title: /��s'/r�c�v!— Date: Printed Name and Title:Wade Hummel. President riG>Prirli(ne and Title: Cara Hummel, Office Manager (CpE3�'( tATE SE `rte �'•••....... �,,. Owner: Citv o J e sonville 50 Lartermaster Court Jeffersonville Indiana 47130 By, A (W Date: kk 3 a l L( Printed Name�nd Title: a ct r J W itnes By: +,- Printed Name and Title: - 12 - Hummel Electric, Inc. Exhibit A DATE ESTIMATE# 2505 MJM Industrial Drive It/1/2016 1280 Evansville.IN 47715 I NAME/ADDRESS City of Jeffersonville 500 Quartermaster Ct Jeffersonville,IN 47130 JOB LOCATION TERMS Contract Number Court&Spring INDOT PRIME Court&Spring Jeffersonville Indiana ITEM DESCRIPTION QTY COST Line# TOTAL 101-01001 Mobilization and Demobilization 1 2,915.25 2,915.25 202-01041 Controller Foundation,Remove 1 720.00 720.00 202-01300 Traffic Signal Equipment,Remove 1 1,920.00 1,920.00 202-52710 Sidewalk,Concrete,Remove 32 36.00 1,152.00 202-93994 Signal Mast Arm and Pole,Remove 1 1,000.00 1,000.00 202-96022 Concrete Foundation,Remove 1 1,080.00 1,080.00 604-06070 Sidewalk,Concrete 32 62.50 2,000.00 801-06775 Maintaining Traffic 1 1,800.00 1,800.00 802-07058 Sign,Sheet Assembly,Relocate 1 125.00 125.00 802-09838 Sign,Sheet,With Legend 0.080 IN.Thickness 15 38.50 577.50 805-01579 Miscellaneous Equipment for Traffic Signals(Install 1 697.50 697.50 Fleer Cable) 805-01816 Signal Support Foundation,3 FT.x 3 FT.x 8 FT. 1 2,160.00 2,160.00 805-01842. Handhole,Signal 4 1,125.00 4,500.00 805-01844. Conduit,HDPE 80,2 IN,Underground 345 43.75 15,093.75 805-02150 Pedestrian Signal Head,Countdown 8 600.00 4,800.00 805-11375 Signal Cantilever Structure,Signal Arm 25' 1 6,516.00 6,516.00 805-78205. Traffic Signal Head,3F,12",R.A.G. 2 840.00 1,680.00 805-78225 Traffic Signal Head,4 Section,12 IN 2 950.00 1,900.00 805-78370. Pedestrian Push Button,APS 8 936.00 7,488.00 805-78467. Signal Cable,3C/8GA 25 3.00 75.00 805-78480 Signal Cable,3c#14 490 1.75 857.50 805-78485. Signal Cable,5C/14GA 650 1.90 1,235.00 805-78495 Signal Cable,9C 14 GA 460 2.00 920.00 805-78930 Controller Cabinet Foundation,M 1 1,265.00 1,265.00 TOTAL Sign and Print Here for Acceptance: Phone# Fax# wade@hummelelectric.com Customers Signature, Printed Name and Title (812)474-1500 (812)475-1501 E-mail Required Page 1 Hummel Electric, Inc. DATE ESTIMATE# 2505 MJM Industrial Drive 11/1/2016 1280 Evansville. IN 47715 Please review and approve this estimate to repair the traffic signal,damaged by the travelling public,on Court Avenue&Spring Street in Jeffersonville Indiana.All work to conform with INDOT 2016 Specifications with exception to the replacement of the i Southwest signal cantilever pole and foundation.These items are to be replaced with S like and kind. NAME/ADDRESS i City of Jeffersonville 500 Quartermaster Ct Jeffersonville,IN 47130 i ii JOB LOCATION TERMS Contract Number Court&Spring INDOT PRIME Court&Spring Jeffersonville Indiana ITEM DESCRIPTION QTY COST Line# TOTAL Notes:This estimate includes all labor,materials and equipment to perform the work described in the items and the attached drawing.This estimate does not include a performance bond,changes in our standard insurance package,relocation of existing utilities,Class X excavation,professional engineering services,fees to serving utilities.This estimate shall be made part of any agreement between the City and Hummel Electric. TOTAL $62,477.50 Sign and Print Here for Acceptance: Phone# Fax# wade@hummelelectric.com Customers Signature, Printed Name and Title (812)474-1500 (812)475-1501 E-mail Required Page 2 Exhibit B INDIANA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS 2016 Client#: 1376204 Exhibit C HUMMEELE DATE(MMIDD/YYYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE 11122/2016 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 poIicy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Am Frederick _ PRODUCER NAME: Y — USI Insurance Svcs, LLC CL PHONE 812 514-5032 ac,No: 812 232-0926 A/C,No,Ext 24 N.6th Street PO Box 900 E-MAIL ADDRESS: y' �%am fredericknusi.com Terre Haute,IN 47808 INSURER(S)AFFORDING COVERAGE NAIC# 812 232-0441 INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B: Hummel Electric,Inc. INSURER C: 2505 MJM Industrial Dr. INSURER D: _. Evansville,IN 47715.8526 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR DDLSUBR POLICY EFF POLICY EXP LIMITS FCOMMERCIAL INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY AENERAL LIABILITY )( X EPP0163984 110612016 01106/201 EACH OCCURRENCE $1 OOO 000 PRMMI E 7 RENTED1DE OCCUR EES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMP/OPAGG $2,000,000 POLICY JECT LOC $ OTHER: COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY X X EBA0163984 1/06/2016 01/061201 Ea accident 1,000,000 BODILY INJURY(Per person) $ X ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident X HIRED AUTOS X AUTOS $ A UMBRELLA LIAB OCCUR EPP0163984 110612016 01106/201 EACH OCCURRENCE $5 OOO OOO EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 DED X RETENTION$O $ A WORKERS COMPENSATION EWC030392500 1/06/2016 01106/201 X PTATUIE ER oTH- AND EMPLOYERS'LIABILITYY/N E.L.EACH ACCIDENT $1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project Traffic Signal East Court Avenue&Spring Street Certificate holder listed as additional insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Oa— ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD SWNZP #S19321257/Ml9321133 This page has been left blank intentionally. I