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HomeMy WebLinkAbout2019-009ASECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE West Wabasso Community Gravity Sewer System Phase 2 ADDENDUM 2 THIS AGREEMENT ("Agreement" or "Contract"), dated the 15 day of January in the year 2019 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and CK Contractors & Development .(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, FDOT, Indian County Department of Utility Services (IRCDUS) and County Engineering Department standards. The work is generally described as follows: IRCDUS proposes to construct a new 8" Gravity Sewer Collection System within The Douglas Subdivision of West Wabasso. The facilities shall provide sewage collection infrastructure to serve about one hundred and one (101) lots on CR 510, 64th Avenue, 84th Street, 84th Place, 63`d Court, 63rd Avenue and 62nd Avenue. The gravity sewer main will consist of about 5,750 feet of 8" PVC gravity sewer, 22 manholes, service laterals, and a new IRCDUS sanitary sewer lift station. The Contractor shall also demolish all septic tanks on the lots to be connected to the laterals per the DOH standards and requirements. The Contractor will direct purchase and furnish the ABS pumps and electrical package for the lift station which includes two pumps, lifting cables, guide rails, guide rail assemblies, float hangar bracket, anchor bolts, lifting bales, upper guide brackets, SS nipples and elbows, float switches, hatch covers for both the wet well and valve vault, duplex control panel and spare parts set. The Contractor will install the furnished pumps and all appurtenances required to make the lift station operational. The Contractor will also direct purchase the Dataflow telemetry system and the Contractor will install telemetry at the lift station and schedule Dataflow to program telemetry and all necessary start-up features to make remote monitoring and operation of lift station functional. Upon successful operation of lift station, Contractor shall schedule a start-up with ABS to certify lift station has been installed in accordance with manufacturer's requirements to affect warranty. No existing culverts are proposed to be replaced. Any existing culverts damaged shall be restored to pre - construction condition. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; soil backfill compaction; testing; (including T.V. 00530-1 testing, exfiltration testing, backfill and subgrade testing); road, landscape and driveway restoration; regrading and grassing (sod); and traffic control. All right —of - way shall be restored to like or better condition including sidewalks and drainage. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. The Contractor shall submit a Traffic Control Plan to the County Traffic Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. The construction will provide existing utility customers that currently only are provided with water service, the ability to connect to the IRC regional wastewater collection and treatment system; and the connection of existing customers to the system will provide opportunities for existing residences to abandon existing septic systems, which shall benefit the environment and water quality enjoyed by all Indian River County residents. ARTICLE 2 ENGINEER The West Wabasso Community Sewer System- Phase II has been designed by IRCDUS, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. 00530-2 (b) From 16 calendar days to 180 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 181 calendar days to 210 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal 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) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. 00530-3 ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $1,657,419.24. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to 00530-4 federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; 00530-5 and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Schedule of Subcontractors (Section 00431). 8.3 Disclosure of Relationships (Section 00452). 8.4 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.5 General Information Required of Bidders (Section 00456). 8.6 Public Construction Bond (Section 00600). 8.7 Notice of Award and Notice to Proceed (examples in Section 00800). 8.8 General Conditions (Section 00700). 8.9 Supplementary Conditions (Section 00800). 8.10 Documents/Specifications bearing the title "West Wabasso Community Gravity Sewer System- Phase 11 / Bid No 2019-020" 8.11 Addenda numbers 1 to 4 , inclusive. 8.12 CONTRACTOR'S Bid (Section 00300). 8.13 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, March 2018", or the latest version thereof. 8.14 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. 00530-6 ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 00530-7 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 00530-8 This Agreement will be effective on January 15 , 2019 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: By: (.-- eaA__t Chairman Jaso E. B own, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney ATTEST: Jeffrey R. S ,ith, Clerk of Court and Comptroller BY: Deputy Clerk (SEAL) 00530-9 CONTRACTOR: CK Co*QctorS ye(o r,e-►+, SLC By: Attest (Contractor) (CORPORATE SEAL) Address for giving notices: 1100 Teck... o%cj Plo,ce, Sv�he 122 West Pais Beacom, FL. 3401 License No. C UC 12 2 52t 1 (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 3120190006592 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3181‘PG: 1025, 2/1/2019 11:02 AM Public Work F.S. Chapter 255.05 (1)(a) Cover Page A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK THIS BOND 15 GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) CS2897511 C K Contractors and Development, LLC 1100 Technology Place, Suite 122 West Palm Beach, FL 33407 (561) 932-1070 Great American Insurance Company 301 E. 4th Street Cincinnati, OH 45202 (513) 369-5000 Indian River County 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 One Million Six Hundred Fifty-seven Thousand Four Hundred Nineteen And 24J100ths Dollars (51,657,419.24) West Wabasso Community Gravity Sewer System Phase 2 Vero Beach, FL FRONT PACE AU other bond page(s) are deemed subsequent 10 this page regardless of any page number(s) that may be printed thereon. 00600 - 2 BK: 3181 PG: 1026 • A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK PUBLIC CONSTRUCTION BOND BOND NO. CS2897511 (Enter Bond Number) BY THIS BOND, We C K Contractors and Development, LLC as Principal and Great American Insurance Company a Ohio corporation, as Surety, are bound to Indian River County Board of Commissioners herein called Owner, in the sum of One Million Six Hundred Fifty-seven Thousand Four Hundred Nineteen And 24/100ths Dollars ( $1 657,419.24 ) for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 1/15/2019 between Principal and Owner for construction of West Wabasso Community Gravity Sewer System Phase 2 , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation revisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON 1/30/2019 C K Contractor : nd •'vel• pm' t, LLC By: Great (Nam BK: 3181 PG: 1027 • STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. THIS ORIGINAL MAY HAVE RED ' •TED INFORMATION AS STATED IN FLORIDA STATUE 11 ,,, UNINty 4J u /4 '4"Rimi;' ;.p GREAT AMERICAN INSURANCE COMPANY® a� Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 20913 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Namc WILLIAM M. THOMAS JAMES F. OAKES LAVONNE SHERROD CHARLES C. MARTIN TARA W. MEALER Address Limit of Power ALL OF ALL KNOXVILLE, TENNESSEE 8100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomcy(s)-in-fact namcd above. iN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10TH day of AUGUST 2017 Attest GREAT AMERICAN INSURANCE COMPANY e. AL; Assistant Secretary Divisional Senior ice President STATE OF OHiO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877-377-2405) On this 10TH day of AUGUST , 2017 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Susan A, lwltulst Nolrl►Pubk, eilo dad My CoorQ EON 06114 2S-oct, 4/.4.,29( This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsureryship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER. That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. • • Signed andsoaled this ,'(n. day of <-. Assistant Secretary 3