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Bond No.1 04 492 853
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
E H Construction, LLC
P.O. Box 910 .
Brooks, KY 40109
OWNER (Name and Address):
City of Jeffersonville Board of Public Works
(\ City-County Building, 501 East Court Avenue
Jeffersonville, IN 47130
CONSTRUCTION CONTRACT
Date: June 20, 2005
Amount: ($ 3,131,855.00 ) Three Million One H!mdred Thirty One Thousand Eight Hundred Fifty Five Dollars and 00/100
Description (Name and Location): Jeffersonville City Hall Quartermaster Renovation
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square -13 CZ
Hartford, CT 06183-6014
BOND
Date (Not earlier than Construction Contract Date): July 26,2005
Amount: ($ 3,131,855.00 ) Three Million One H~ndred Thirty One Thousand Eight Hundred Fifty Five Dollars and 00/100
Modifications to this Bond: ~ None 0 See Page 3
CONTRACTOR AS PRINCIPAL
Company:
E H Constructi , LLC
(Corporate Seal)
SURETY
Company: (Corporate Seal)
Travelers Casualty and Surety Company of America
S;gnature, Y)<v( P.r ~ ~
Name and Title: Paula J. ague
Attorney-in-Fact
James
(Any Cfditional signatures appear on page 3)
(FOR INFORMA nON ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Acordia of Kentucky, Inc. other p~rty):
950 Breckenridge Lane, Suite 50 The Est~nopal Group, LLC
Louisville KY 40207-4675 903 Spnng Street
502-425-9444 Jeffersonville, IN 47130
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT ~OND . DECEMBER 1984 ED. . AIA-~
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 1
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1 The Contractor and the 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 to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of periorming the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not "vaive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default <;Ind
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contraCtor
selected to perform the Construction Contract in ac~or-
dance with the terms of the contract with the Owper.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the 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 Paragraph 6 ih ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from theContracto(s default; or
4.4 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 amouht for
n
f~'
which it mav be liabreTcrtne;OV;;n~,.t'a:rr~as
soon as practicable after the amount is deter.
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the
payment tendered 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 O\\'ner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above.
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. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Suretv shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction 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 or successors.
8 The Surety hereby waives notice of any change. includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which thev....ork or part of the \vork is located
and shall be instituted \vithin hvo vears after 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 oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . PERFORM...,NCE BOND AND PAYMENT' BOND' DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 2
-0
able to suretles":r.;"Tderensetn'the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. .
11 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 COn-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amO\.lnt
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOllOWS~
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tractor 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, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto. .
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to 'per-
form or otherwise to comply with the ter.ms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
r---
Signature:
Name and Title:
Address:
SURETY
Company:
{Corporate Seal}
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BONO. DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORl< AVE.. N.W.. WASHINGTON. D.C. 20006
THIRD PRINTINC- MARCH 1987
A312-1984 3