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HomeMy WebLinkAboutCRUMS LANE #2 SECTION B-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR CRUMS LANE#2 PUMP STATION REPLACEMENT AGREEMENT THIS AGREEMENT, made this 17th day of May 2018, by and between the Jeffersonville Sewer Board, hereinafter called "OWNER" and Dave O'Mara Contractor, 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 City of Jeffersonville Crums Lane#2 Pump Station Replacement 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 120 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 $462,912.00 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 April, 2018 (M) SPECIFICATIONS prepared by Jacobi, Toombs & Lanz, Inc., dated April, 2018 (N) ALL ADDENDA 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the "General Conditions" such amounts as required by the CONTRACT DOCUMENTS, provided that work is satisfactorily completed, and same is certified in writing, to the OWNER, by CONTRACTOR and ENGINEER. 7. The CONTRACTOR must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the OWNER. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. B-203 9. This Agreement may be terminated by the OWNER with or without cause, upon a thirty (30) day written notice to the other party. If the Agreement is so terminated, the Contractor shall be entitled to its contractual compensation for all work performed up to the termination date. In WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (triplicate) each of which shall be deemed original on the date first above written. OWNER: .�Jeffersonville - Board I BY: Name: /41KMOORE Title: f3265.10. /T e1Sg Date: 5//7 big (SEAL) ATTES T: BY: VICa Name:&/'/2Q(4- yoth. Title: See/'e ZCc B-204 CONTRACTOR ave O'N.ara Contra or, Inc. B Name: Dan O'Mara Title: Vice President cotiT� Address: PO Box 1139, North Vernon, IN 47265 o /'; 0-9 60 �o°o' Date: May 15, 2018 (SELF., sEpa.. ATTEST*.", BY: kl\� Name: Nanc )'Mar- Title: Secretary B-205 CNA SURETY Performance Bond Bond No. 30038588 CONTRACTOR: SURETY:Western Surety Company : SD Corporation (Name,legal status and address) (Name, legal status and principal place of business) Dave O'Mara Contractor, Inc. 333 S.Wabash Avenue P. O. Box 1139 41st Floor Chicago, IL 60604 This document has important legal North Vernon, IN 47265 consequences. Consultation with OWNER: an attorney is encouraged with (Name,legal status and address) respect to its completion or modification. Jeffersonville Sewer Board Any singular reference to 500 Quartermaster Court Contractor.Surety,Owner or other party shall be considered Jeffersonville, IN 47130 plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: May 17, 2018 combines two separate bonds,a Performance Bond and a Amount: $462,912.00 Four Hundred Sixty Two Thousand Nine Hundred Twelve Dollars and 00/100 Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Crums Lane#2 Pump Station Replacement BOND Date: May 17, 2018 (Not earlier than Construction Contract Date) Amount: $462,912.00 Four Hundred Sixty Two Thousand Nine Hundred Twelve Dollars and 00/100 Modifications to this Bond: ® None ❑ See Section 16 ,,punru,,, Maw ``�OQ`1 Ge RPQCOy�' SURETY `,.Q�sua�tr�,o CONTRACTOR AS PRINCIPAL _ 799779 .,p "••.•� Company: _ (C000r2r1S' ai) Company: (Corr ea JEte _ Dave O'Mara Co ra tor, Inc. �igq•••••••'`�' Western Surety Company 3. Nq /� yJNJJ, N~ Signature: Signature: ,r0P . Name ave O'Mara Name M. Wahlstrom and Title: President andTitl• orney-in-Fact (Any additional signatures appear on the last page of this Performa, (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) AssuredPartners of Indiana, LLC 10401 N. Meridian St., Suite 300 Indianapolis, IN 46290 317-844-7759 Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. §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 Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined, make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 6;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed In cooperation with the American Institute of Architects(AIA). The language In this document conforms to the language used In AIA Document A312-Performance Bond-2010 Edition. 3 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Printed In cooperation with the American Institute of Architects(AIA). The language In this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Eric M. Wahlstrom , Individually of Indianapolis, IN its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bond No.: 30038588 Principal: Dave O'Mara Contractor, Inc. Obligee: Jeffersonville Sewer Board and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February,2018. 41REfj:w WESTERN SURETY COMPANY .)"..iw ioQPOR.\0; kt.i...:,,,,,..fl ______ :2•Z MI aul T.Bruflat,Vice President State of South Dakota ) )t ss County of Minnehaha On this 27th day of February,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR /� w:crurwarn --/II��)/ j June 23,2021 >�'o"TM"wOT"� I / J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17th day of May,2018. "1RTa WESTERN SURETY COMPANY ` .` 4 L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary, Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CNA SURETY Payment Bond Bond No. 30038588 CONTRACTOR: SURETY:Western Surety Company : SD Corporation (Name,legal status and address) (Name,legal status and principal place of business) Dave O'Mara Contractor, Inc. 333 S.Wabash Avenue P. O. Box 1139 41st Floor Chicago, IL 60604 This document has important legal North Vernon, IN 47265 9 consequences. Consultation with OWNER: an attorney is encouraged with (Name,legal status and address) respect to its completion or modification. Jeffersonville Sewer Board Any singular reference to 500 Quartermaster Court Contractor,Surety,Owner or other party shall be considered Jeffersonville, IN 47130 plural where applicable. CONSTRUCTION CONTRACT AIA Document A312.2010 Date: May 17, 2018 combines two separate bonds,a Performance Bond and a Amount: $462,912.00 Four Hundred Sixty Two Thousand Nine Hundred Twelve Dollars and 00/100 Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Crums Lane#2 Pump Station Replacement BOND Date: May 17, 2018 (Not earlier than Construction Contract Date) Amount: $462,912.00 Four Hundred Sixty Two Thousand Nine Hundred Twelve Dollars and 00/100 Modifications to this Bond: ® None ❑ See Section 18 \���\"JE O'Mq ',, nuuq„ S CONTRACTOR AS PRINCIPAL s ' O .0 SURETY , f''�" � °+n's Company: (C�'pprsste company: (C orp$;r,�`�q"'ea`jq)14 Dave O'Mara Contractor, Inc. :fid;:9� !-2-Western Surety Company . ; 7� 9yR........:�O . �`atEAv?�K Signature: Signature. filo-- v •! Name ave O'Mara Name 7-lc v. ""a s rom and Title: President andTiti. ttorney-in-Fact (Any additional signatures appear on the last page of this Paymen on;.) (FOR INFORMATION ONLY—Name,address and telephone)(--- AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) AssuredPartners of Indiana, LLC 10401 N. Meridian St., Suite 300 Indianapolis, IN 46290 317-844-7759 Printed In cooperation with the American Institute of Architects(AIA). The language In this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 5 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use 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 Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 6.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 6.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 6.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor 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 Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Printed in cooperation with the American Institute of Architects(AIA). The language In this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 6 §10 The Surety shall not be liable to the Owner,CIaimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Printed In cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used In AIA Document A312-Payment Bond-2010 Edition. 7 §16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Printed In cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used In AIA Document A312-Payment Bond-2010 Edition. 8 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Eric M. Wahlstrom , Individually of Indianapolis, IN its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bond No.: 30038588 Principal: Dave O'Mara Contractor, Inc. Obligee: Jeffersonville Sewer Board and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February,2018. ^rYc WESTERN SURETY COMPANY WP�voq �°s. 4444 50$ aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 27th day of February,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR cgits wanutrweuc June 23,2021 :�901____TA J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17th day of May,2018. , SgeurP , WESTERN SURETY COMPANY ".4-/,,1-9°44,1,'1` 4, 2 f iii h oft • L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. DAVEOMA-05 T1 LMYERS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `—� 05/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Lyndsay Myers NAME: AssuredPartners of Indiana,LLC PHONE FAX 10401 N.Meridian Street,Suite#300 (A/c,No,Ext):(317)595-7392 (A/C,No):(317)844-9910 Indianapolis,IN 46290 E-MAIL INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:BITCO General Insurance Corporation 20095 INSURED INSURER B:Travelers Property Casualty Company of America 25674 Dave O'Mara Contractor,Inc. INSURER C:AGCS Marine Insurance Company 22837 P.O.Box 1139 INSURER D: North Vernon,IN 47265 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 IMM/DD/WYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CLP3663790 02/01/2018 02/01/2019 DMMGSTOERTDence) $ 100,000 MED EXP(Any one person) $ 10'000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2'000'000 X POLICY X JELQT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: EBL AGG $ 2,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X X CAP3663592 02/01/2018 02/01/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSEEAUTOS ONLYY (Perr ONLY AUTOS BODILYOINJURY(Per accident) $ X. AUTODS ONLY X acEciRdent�AMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESSLIAB CLAIMS-MADE X X CUP2813216 02/01/2018 02/01/2019 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION X PER H AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N x WC3663791 02/01/2018 02/01/2019 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100'000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Excess Umbrella ZUP31M7300318NF 02/01/2018 02/01/2019 OCC/AGG 10,000,000 C Installation/Build MZI93028546 02/01/20181 02/01/2019 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Crums Lane#2 Pump Station Replacement City of Jeffersonville,Jeffersonville Sewer Board And Any Other Contractually Required Entities Are Additional Insureds On A Primary Non-Contributory Basis For General Liability(Including Ongoing And Completed Operations)And Auto Liability;Waiver Of Subrogation Applies In Favor Of The A Forenamed Additional Insureds For General Liability,Auto Liability And Workers Compensation Policies;But Only Where Required By Written Contract,And Where Allowable By Law.Umbrella To Follow Form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF JEFFERSONVILLE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Jeffersonville Sewer Board 500 QUARTEMASTER LANE 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 THS ENDORSEMENT CHANGES 11-E POLICY. PLEASE READ IT CAREFULLY. U11 UTY CONTRACTORS EXTENDED UABI IJTY COVERAGE This endorsement modifies insurance provided under the following: COMVERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the caption of such provision. A X Partnership and Joint Venture Extension M. X Construction Project General Aggregate Units B. X Contractors Automatic Additional Insured N. X Fellow Errployee Coverage Coverage—Cngoing Operations O. 1 X Property Damage to the Named Insureds Work C. 1 X 1 Automatic Waiver of Subrogation _ P. 1 X Care,Custody or Control D. 1 X 1 Extended Notice of Cancellation, Nonrenewal Q. X Electronic Data Liability Coverage E X Unintentional Failure to Disclose Hazards R X Consolidated Insurance Program Residual F. X Broadened Mobile Equipment Liability Coverage G. X Personal and Advertising Injury-Contractual S. X Automatic Additional Insureds— Managers or Coverage Lessors of Premises H. 1 X 1 Nonemployment Discrimination T. J X Automatic Additional Insureds—State or Governmental Agency or Political I. 1 X 1 Liquor Liability Subdivisions—Permits or Authorizations J. X Broadened Conditions U. X Contractors Automatic Additional Insured Coverage—Completed Operations K X Automatic Additional Insureds—Equipment Leases V. J X Additional Insured—Engineers, Architects or Surveyors L X Insured Contract Extension-Railroad Property and Construction Contracts A PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED : The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of 'your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability GL-3085(09/11) -1- Item 9. of SECTION IV-CONNERC IAL GENERAL LJABILRY COI\Df11ONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing temps, concitions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a above. E UNNTENIIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to dsclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EOUPNENI- Item lab. of SECTION V-DEFIN11ONS , is deleted and replaced with the following: 12.11 Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I,COVERAGE B is deleted. FL NONENFLOYNENF DIS 1MNATION Unless"personal and advertising injury"is exduded from this policy: Item 14. of SECTION V-DEFINTIONS , is amended to indude: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS , is amended to indude: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin,age, gender or religion. Item 2.Exclusions of SECTION I,COVERAGE B , is amended to indude: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or dass of persons by any insured; "Personal and advertising irjury arising out of "discrimination" by or at your, your agents or your "employe"direction or with your,your agents or your"employe"knowledge or consent; GL-3085(09/11) -3- 2. "Bodily injury'or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9.of SECTION V-DEFINITIONS , is deleted and replaced with the following. 9. "Insured Contract"means: a A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or terrporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; a An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (induding an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services, induding those listed in (1) above and supervisory, inspection, architectural or engineering activities. GL-3085(09/11) -5- Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury'to (1) An"errployee"of the insured arising out of and in the course of: (a) Er r ployment by the insured;or (b) Perforrring duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that"employee"as a consequence of paragraph (1)above. This exdusion applies: (1) Whether the insured may be liable as an errployer or in any other capacity,and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract";or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a(1Xa) of SECTION II-WHO IS AN INSURED , is deleted and replaced with the following: 2.a(1Xa) To you, to your partners or members (if you are a partnership or joint venture) or to your rrerrbers (if you are a limited liability company), or to your 'Volunteer workers" while performing duties related to the conduct of your business. O. PROPERTY DAMAGE TO TI-E NAIVED INSURER'S WORK Exclusion I of SECTION I,COVERAGE A . is deleted and replaced with the following: I. Damage to Your Work "Property damage" to "your work' arising out of it or any part of it and included in the "products corrpleted operation hazard." This exclusion applies only to that portion of any loss in excess of$50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exdusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. P. CARE,CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I,COVERAGE A is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However,for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of$25,000 per occurrence,subject to the following terms and conditions; GL-3085(09/11) -7- R CONSOLIDATED INSURANCE PROGRAM RESIDUAL LJABILJTY COVERAGE With respect to"bodily injury', "property damage", or'personal and advertising injury'arising out of your ongoing operations; or operations induded within the"products-completed operations hazard',the pdicy to which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Omer Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project' or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (induding pools, hot tubs, detached garages, guest houses or any similar structures). A"residential project"does not indude military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other terms, provisions,exclusions and limitations of this policy apply. S AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PRETvISES SECTION II—WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an adcitional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the prenmi , designated in the written contract or written agreement, that is leased to you and subject to the following additional exdusions: This insurance does not apply to: 1. Any`occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. T. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERMIENIAL AGENCY OR POLJTICAL SUBDIVISIONS—PEtiMTS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to indude any state or governmental agency or subdivision or political subcivision with whom you are required by written contract, ordinance, law or building code to name as an adcitional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a perrrit or authorization. GL-3085(09/11) -9- This insurance is excess of all other insurance available to the adcitional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. a-3085(09/11) -11-