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HomeMy WebLinkAboutPayment Bond E. H. Construction THE AMERICAN INSTITUTE OF ARCH1TELTS-""""~""'''''';, r\- Bond No. 104 492 853 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. r'i CONTRACTOR (Name and Address): E HConstruction, 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: ($3,131,855.00 ) Three Million One Hundred Thirty One Thousand Eight Hundred Fifty Five Dollars and 00/100 Description (Name and location): Jeffersonville City Hall Quartermaster Renovation SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square -13 CZ Hartford, CT 06183-6014 BOND Date (Not earlier than Construction Contract Date): July 26, 2005 Amount: ($ 3.131.855.00 ) ihree Million One I-;Iundred Thirty One Thousand Eight Hundred Fifty Five Dollars and 00/100 Modifications to this Bond: Kl None 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: E H Constructi ,LLC (Corporate Seal) SURETY Company: Travelers Casualty Signature: Name and Title: (Corporate Seal) nd Surety Com any of America (Any additional signatures appear on page 6) .r--. (FOR INFORMATION ONLY-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 Estmopal Group, LLC Louisville KY 40207-4675 903 Spring Street 502-425-9444 Jeffersonville, IN 47130 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENl' BOND . DECEMBER 19M ED. . AlA ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING. MARCH 1987 (\ 1..The=c-6titracre:k~ifh(l the 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 perfor- mance of the Constructjon Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless. the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materialsor equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor anq the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: ' .1 Have furnished written notice to the Con- tractor and sent a copy, or notice ther~of, to the Owner, within 90 days after having last performed labor or last furnished mate~ials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the. name of' the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. (\ 5 If a notice required by Paragraph 4 is given 'by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance 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 the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 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 con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT A312' PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED.' AIA* THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW.. WASHINGTON. D.C. 20006 THIRD PRINTING' MARCH 1987 . A312-1984 5 \, {\ {\ r'\ Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit atopy to be made. 15 DEfiNITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion 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 MODIFICATIONS TO THIS BOND ARE AS FOllOWS~ Construction Contract,- ~lUtectu-fal'and:en.gineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lieh may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: Theagreementbetween the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 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 Sea\) Signature: Name and Title: Address; SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERfORMANCE BOND AND PAYMENT BOND. DECE.'..18ER 1984 ED. . AlA ~ THE AMERICAN INSTITUTE Of ARCHITECl'S. 1735 NEW YORK 'AVE., N.W., wASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312.1984 6 II!i STPAUL . ~ TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26. 2002, President Bush signed into law. the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for (\ certain losses. caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for wh ich the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. .r\ i ILT-I018 (9/04) IN WITNESS WHEREOF, TRAVELERS C.ASUALTY AND SURETY COMPANY OF AME;RJCA, TRAVELERS CASUALTY' r\ND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior' '. 'ice President, and their corporate seals to be hereto affixed this 17th day of February, 2004. } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA VELERS CASUALTY AND SURETY COMPANY F ARMINGTON CASUALTY COMPANY STATE OF CONNECTICUT ..~~~ ii$~~~ ii Cf . ........"Dn . ~ ~ ~.....I""" ~ COON. I ~I S; .-~~ /~~~~- - By George W. Thompson Senior Vice President On this 17th day of February, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President ofTRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that'he/she knows the seals of said corporations; that the seals affIxed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. r '<<\~ ~~ My commission expires June 30. 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing' and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate .oj Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this JULY ,20)% . 26th day of ~ - tU..-" j/ ~ By ~ Kori M. Johanson Assistant Secretary, Bond -1' ~~ .~. ._~- n IMPORTANT If the certificate holder is an ADDITIONAL ,NSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the revers~ side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~ V~. ~" 1.~fl!J [~:::: ----.?'~=;;,-''''~ - ~'~--:"',''''''- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ac{. of KV-Loulsv,llle HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 95cckenrldge Lana, Ste 50 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. p tox 7809 .- COMPANIES AFFORDING COVERAGE Ltsvllle KV 40257-0809 COMPANY , A ~) 425-9444 'NSUIlt' ... . ~: :::,:~eTION LLe ,IR~OKS' KV 40109 , i!;.€B.j~~:m:t:::tt:::tf:ttt:t:tttJ:t:H&f:tt:'::tf:::::m:::::::::::::t::t:I::t:t:t::::::::::r:fWt::::::::f:t:I::t::::::::::ii::i::I::t::t:::i::tii::rn:=:it:if:i:::;:;:l::;:ill:r:i;:i::it:;:;:;:;::;::~:llii;:::::::::m:::If::::!i:f:::::i:in:::ii:ii::fi::t:::!:m::t:f::::::i::=Wi::rt:':j::ii:iii:ti:!:::t:ftit:i::Ii:fi:::i:i:::f:: THIS IS TO CERTIFY THA TTHEPOLlCIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED,NOTWITHST ANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTQWH1CHTHIS CERTIFICA TE MA Y BE ISSUED OR MA Y PERT AIN, 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. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE (MM/DD/YY) DATE (MM/DD/YY) I ~ FCC I Ins. Co. COMPANY B '" Monroe Guaranty Insurance Co. COMP ANY C KY Employers Safety Assn-KESA COMPANY A GENERAL LIABILITY 11000665317 G:l COMMERCIAL GENERAL LIABILITY i HI CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT 12/31104 12131105 I-- - A AUTOMOBILE LIABILITY - X ANY AUTO - ALL OWNED AUTOS - SCHEDULED AUTOS - X HIRED AUTOS L-, I-- X NON.OWNED AUTOS f-- f-- GARAGE LIABILITY I-- ANY AUTO f-- I-- B EXCESS LIABILITY ~ UMBRELLA FORM OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETORI R'NCL P ARTNERS/EXECUTlYE OFFICERS ARE: EXCL OTHER D Builder's Risk Leased/Rented Equipment B000665317 12131104 12131105 C000665317 12/31104 12131/05 4452104 12131/04 12/31105 11.103202387 12/31104 12/31105 DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS Re: Jeffersonville City Hal I Quartermaster Renovation LIMITS GENERAL AGGREGATE $ 2,000,000 PRODUCTS.COMP/OP AGG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 100,000 MED EXP (Anyone person) $ 5,000 COMBINED SINGLE LIMIT $ 1,000,000 BODIL Y INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ AUTO ONLY EA ACCIDENT $ OTHER THAN AUTO ONLY: ~ EACH ACCIDENT $ AGGREGA TE $ EACH OCCURRENCE $ AGGREGATE $ $ X I f~RrT,A ~~iT<: I I ~JH. EL EACH ACCIDENT $ EL DISEASE.POLlCY LIMIT $ EL DISEASE.EA EMPLOYEE $ 5,000,000 5,000,000 2,000,000 2,000,000 2,000,000 $10,000,000 Limlt/$2,500 Deductible $100,000 Limit $1,000 Deductible :::j;:lgAni.il!Qi.!,m1Qij~f\:it::mt:i:t:'t:f':i:U:'::f:mtr::r'::::iW:f::!::::'::i:!:m:Uf:::'Uff::::i:U::f:::rr:::i:i::r::t::::'i':fi::::::::::j;:lNipijijM;WN,:::f::::rr:::rrWi:::i:::m:u::::::f::mWi:::U::im:!:i::::::r::rr::::::::::t::W::::f:::::r::":::::':umr:::rr:':':rmrr::::m:::=:::'j:t1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DA YS WR ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGA"TION OR LIABILITY I City of Jeffersonville-Board of Public Works City County Building 501 E. Court Avenue Jeffersonvl I Ie, IN 47130 COMPANY, ITS AGENTS OR REPRESENTATIVES.