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HomeMy WebLinkAboutConstruction Performance Bond t\r , ,> !; ; ~ II SECTION 00600 I . CONSTRUCTION PERFORMANCE BOND Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable. r, i : t ~ CONTRACTOR (Name and Address): Mitchell & Stark Construction Co., Inc; P.O. Box 219 Medora, IN 47260 r" ~ L SURETY (Name and Address of Principal Place of Business): Fidelitv and DeDosit ComPany of Maryland 9229 Delegates Row, Suite 300 Indianapolis, IN 46240. OWNER (Name and Address): City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 47130 rr it ['; I: , ~ " ~ :; CONTRACT: r i DATE: t; AMOUN~ $365,146.00 PROJECT (Brief Description Including l.ocatlon): Riverport No.2 Pump Station and Force Main Upgrades Contract 1-2007 If fi ~ t. t; BOND: u BOND NUMBER: DATE: (Not earlier than Contract Date): AMOUN~ $365,146.00 MODIFICATIONS TO THIS BOND FORM: Surety and Bidder, Intending to be legally bound hereby, subject to the terms hereinafter, do each cause this Performance Bond to be duly el<ecuted on lis behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: MitChe~ark Signature: 1'~~ Fred..C. Harrison President Canst. Co., Inc. (Corporate Seal) Name: Title: SURETY Company: Signature: Name: Fideli ty and Deposit Company of Mary land ~ 'i-\c-;;--JQ v,- \ ~~ \ ?0~J:..~ Jo ollingsworth (Corporate Seal) Title: Attornpy-in-f;:lCt (Attach Power of Attorney) Section 00600-1 5-944-02911-2007 1. CONTRACTOR and Surety, jointly and severally, bind themselves, thei:r heirs, executors administrators, successors and assigns to OWNER for the performance of the Contract, which i~ incorporated herein by reference. r' l j 2. ,If CONTRACTOR performs the Contract, Surety and CONTRACTOR have no obligation , under this Bond, except to participate in conferences as provided in Paragraph 3.1. r 3. ! If there is no OWNER Default, Surety's obligation under this Bond shall arise after: 3.1 OWNER has notified CONTRACTOR and Surety at the addresses described in Paragraph 10 below, that OWNE~ is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with CONTRACTOR and Surety to be held not later than ,fifteen days after receipt of such notice to discuss methods of performing the Contract. If OWNER, CONTRACTOR and Surety. agree, CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive OWNER's right, if any, SUbsequently to declare. a CONTRACTOR Default; and ' 3.2 OWNER has declared a CONTRACTOR Default and formally terminated CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after CONTRACTOR and Surety have received notice as provided in Paragraph 3.1; and 3.3 OWNER has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of this Contract; or 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4., When OWNER h~s satisfied the conditions of Paragraph 3. Surety shall promptly and at Surety's expense take one of the following actions: <. , ~ t f i r l 1 , f ~ l. f l 4.1 Arrange for CONTRACTOR. with consent of OWNER, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by OWNER and contractor selected with OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued pn the Contract, and pay to OWNER the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by OWNER resulting from CONTRACTOR 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 amount for which it may be liable to OWNER and, as soon as practicable after the amount is determined, tender payment therefor to OWNER; or 2. Deny liability in whole or in part and notify OWNER citing reasons therefor. f' Section 00600-2 S,944-<l2911-200 7 If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from OWNER to Surety demanding that Surety perform its obligations under this Bond~ and nOWNER shall be entitled to enforce any remedy available to OWNER. If Surety proce~ds as \1 provided in Paragraph 4.4, and OWNER refu~es the payment tendered or Surety has denied liability, in .whole or in part, without further notice OWNER shall be entitled to enforce any remedy available to OWNER. 6. After OWNER has terminated CONTRACTOR's right to complete the Contract, and jf Surety elects to act under Paragraphs 4; 1, 4.2, or 4.3 above, then the responsibilities of Surety to OWNER shall not be greater than those of CONTRACTOR under the Contact, and the responsibilities of OWNER to Surety shall not be greater than those of OWNER under the Contract. To the limit of the amount of this Bond, but subject to commitment by OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1 The responsibilities of CONTRACTQR for correction of defective Work and completion of the Contract; , ! , 6.2 Additional legal. design professional, and delay costs resulting from CONTRACTOR Default. and resulting from the actions or failure to act of Surety under Paragraph 4; and ,.. , 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or nonperformance of CONTRACTOR. f , ~ '- 7. Surety shall not be liable to OWNER or others for obligations of CONTRACTOR that are unrelated to the 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 OWNER or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time. to Contract or to related subcontracts. purchase orders, and other obligations. 9. 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 CONTRACTOR. Default or within two years after CONTRACTOR ceased working or within two years after 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 svretles as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, OWNER, or CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory 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. Section 00600-3 s.-944-V29f1.2007 r l ,- I i f 1 I '- 12. Definitions: 12.1 Balance of the Contract Price: The total amount payable by OWNER to _ CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to 'CONTRACTOR of any amounts received or to be received by OWNER hi settlement of. insurance or other Claims for damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of CONTRACTOR under the Contract. 12.2 Contract: The agreement between OWNER and CONTRACTOR identified on the signature page, including all Contract Documents an,d changes thereto. 12.3 CONTRACTOR Default: Failure of CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4 OWNER Default: Failure of OWNER, which has neither been remedied nor waived, to , pay CONTRACTOR as requj'red by the Contract or to perform and complete or comply with the other terms thereof. END OF SECTION f' FOR INFORMATION ONLY - Name, Address and Telephone Surety, Agency, or Broker' "" , ~ i fl, Name: Fideli ty and Deposit COQpaDY of Mary land Address: Telephone: 9229 Delegates Row, Suite 300, Indianapolis, IN 46240 (317) 816-4882 Section 00600-4 5-9~2911-2007