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HomeMy WebLinkAboutConstruction Payment Bond !( SECTION 00600 CONSTRUCTION PAYMENT BOND Any singular reference to CONTRACTOR, Surety. OWNER or other party shall be considered plural where applicable. r! I i: , ~ ~ CONTRACTOR (Name and Address): Mitchell & Stark Construction Co., Inc. P.O. Box 219 Medora. IN 47260 SURETY (Name and Address of Princfpal Place of Business): Fidelity and Deposit Com~any of Maryland ; 9229 Delegates Row, Suite 300 , Indianapolis, IN 46240 OWNER (Name and Address): City of Jeffersonville 500 Quartermaster Court, Jeffersonville, IN 47130 :;. : 1 i . , t" -:: ~ :: 1, ~ ; i: ~ : t ~ CONTRACT: DATE: AMOUNT: $365,146.00 :: ~ j j" li.. ~. PROJECT (Brief Description IncludIng Location): Riverport No.2 Pump Station.and Force Main Upgrades Contract 1-2007 BOND: , " ElOND NUMBER: DATE: (Not earlier than Contract Date): AMOUNT: $365,146.00 MODIFICATIONS TO THIS BOND FORM: Surely and Bidder. intending to be legally bound hereby, subject to the lerms hereinafter. do each cause this Performance Bond to be duly executed on Its behalf by its authorized officer, agent, or representative. t' .~ >: ~ t 1 r f CONTRACTOR AS PRINCIPAL Company: Mitchell ~. Signature: J;J~_~ Name: Fred C. Harri son Title: Presi dent (Corporate Seal) Canst. Co., Inc. i: ( U SURETY Company: Signature: Name: . Fidelitv and Derlosit Company of Maryland ~) ~\r:>O ~ \ ~0~~'~ ~, (0 - ollingsworth- (Corporate Seal) TItie: Attorney-in-fact (Attach Power of Attorney) I Sectioh 00600-5 5-944.:()29/1-2007 1. CONTRACTOR and Surety, jointly and severally, bind themselves, their heirs. executors. administrators, successors and assigns to OWNER to pay for labor, materials and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.; 2. With respect to OWNER, this obligation shall be null and void if CONTRACTOR: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants. and 2.2 Defends, indemnifies, and hOlds harmless OWNER from all claims, demands, liens, or suits alleging non-payment by ~ONTRACTOR by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract. provided OWNER has promptly notified CONTRACTOR and Surety (at the address described in paragraph 12) of any claim, demands. liens. or suits and tendered defense of such claims, demands, liens. or suits to CONTRACTOR and Surety, and provided there is no OWNER Default. f r 3. With respect to Claimants, this obligation shall be null and void if CONTRACTOR promptly ! ; makes payment, directly or indirectly, for all sums due. 1 i , - i; f ? ! 1 : ; : l; , > f i' 1 ' 1 L ~ " ~ ~ 'l :. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with CONTRACTOR have given notice to Surety (at the address described in paragraph 12) and sent a copy. or notice thereof. to OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. r r , - t. .; 0- , i u 4.2 Claimants who do not have ~ direct contract with CONTRACTOR: 1. Have furnished written ncitice to CONTRACTOR and sent -a copy, or notice thereof, to OWNER, within 90 days after having last performed 'labor or last furnished materials 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 CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from CONTRACTOR by which 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 Surety and sent a copy, or notice thereof, to OWNER, stating that a claim is being made under this Bond. and enclosing a copy of the previous written notice furnished to CONTRACTOR. !j' -~ 'i: : i; n tL1 [ ~ ji: a.; 5. If a notice by a Claimant required by Paragraph 4 is provided by OWNER to CONTRACTOR or to Surety. that is sufficient compliance. 6. When a Claimant has satisfied the Gonditions of Paragraph 4, Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Clair:nant, with a copy to OWNER, within 45 days after receipt ofthe claim, stating the amounts that are undisputed and the basis for challenging-any I , Section 00600-6 5-944-029/1-2007 (', lLJ; amounts that are disputed. 6.2 Payor arrang'e for payment of any undisputed amounts. 7. . Surety's total obligati.on 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 Surely. 8. Amounts owed by OWNER to CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims. if any. under any performance bond. By CONTRACTOR furnishing and OWNER accepting this Bond, they agree that all funds earned by CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of f CONTRACTOR and Surety under this Bond, subject to OWNER's priority to use the funds for the completion of the work. ! 9. Surety shall not be liable to OWNER. CI~imantsl or others for obligations of CONTRACTOR' j that are unrelated to the Contract. OWNER. shall not be liable for payment of any costs or < expenses of any Claimant under this Bond and shall have under this Bond no obligations to make < payments to, give notices on behalf of. or otherwise have obligations to Claimants under this ! Bond. t , t 10. Surety hereby waives notice of any change, including changes of time, to 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 jurisdiction 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 Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3. 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 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 Surety, OWNER, or CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, OWNER, or CONTRACTOR, however accomplished, shall be sufficient co'mpliance 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 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 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. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. ~ ~ ~' ~j " l 15. Definitions: 15.1 Claimant: An individual or entity having a direct contract with CONTRACTOR, or with a first tier subcontractor of CONT.RACTOR, to furnish labor, materials, or equipment for use in the performance of the Contract. 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 Contract, architectural and engineering services required for performance of the Work of CONTRACTOR and CONTRACrOR's Subcontractors, and all other items for which E...3 Section 00600-7 5-944-029/1-2007 r- '. . ~ ~, f ~. ! : i : l ; r' ! : t ~ fT t i f :; ."i ; l ~ < , ~ : ~ . t .;. r ," '. { i ,:: Ii. :. f ~ ~ ' , i .;; tf';-- 11.' 'I"J) r, L-,~ . . a mechanic's lien maybe asserted in the jurisdiction where the labor. materials, or equipment we~e furnished. 15.2 Contract: The agreement between OWNER and CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3 OWNER Default: Failure of OWNi;:R. which has neither been remedied nor waived. to pay CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. END O'F SECTION FOR INFORMATION ONLY - Name. Address and Telephone Surety. Agency, or Broke.r Name: Fidelity and Deposit Company of Maryland 9229 Delegates Qow, Suite 300. Indianap6lis, IN 46240. ( 317)816-4882 Address: Telephone: . Section 00600-8 5.U.(.Q29I1.2007 Power of Attorney FIDELITY AND OEPOSIT COMPANY OF MARYLAND ~ !: KNOW ALL MEN BY THESE PRESENTS: T~atthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, " are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date he, dds by nominate, constitute and appoint Anthony E. ORTMAN, Jo HOLLINGSWORTH~nd Ch ~~ of Indianapolis, Indiana, EACH its true and lawful agent and Attorney-in-F', .~W$a . . P , and on its behalf as surety, and as its act and deed: any and all bonds '" ' a?:'l~c . . such bonds or undertakings in pursuance of these presents, shall be as bi . om ~~'nh nply, to all intents and purposes, as if they had been duly executed and ack e reO" . i d1tders of the Company at its office in Baltimore, Md., in their own proper pej:$eJ.l'lM\mp e f~o Issued on behalf of Anthony E, ORTMAN, Andrew M. HATHEWAY,Jo ~~J::W~~i' erM. JOACHIM, dated August 29, 2005. The said Assistant ~c-s \Me~6Y certify . that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L~~dCompany, and is now in lorce. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January, A.D. 2007. i t l f ~ , , ~, '" ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND , t" I .; /' // L PJ~ /:~A/Ul By: Eric D. Barnes Assistant Secretary William J. Mills Vice President :~, t; State of Maryland }ss: City of Baltimore On this 23rd day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same. and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year Iirsl above written. , 1 i: i i: ",,\\~; (~~ I JI/II ~ 'l....~.~~~:..;.~., ''''~~:r"~~ ~~ f "(')/;";":{~;f r: I..: (( :~ :" rf'''~ ....... i . ~~\.(~l~i I(~ ....~.~: "il'~~~~'i.'(;CI\~\~"'~ I{I'ltn'\ ~~L D Q/J_J2 Maria D. Adamski Notal)' Public My Commission Expires: July 8,2007 j) POA.F 044-A r, I, I EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chainnan of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and. Attorneys-in-Fact as the business of the Company may require, or to ' authorize any person or persons to execute on b~half of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do furl her certify thaI the Vice-President who executed the said Power,of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the' FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DE~OSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereuntosubscribcd my name and affixed the corporate seal of the said Company, ~ ." this day of ~ .:. ;J:"i/ :;. / ! j,f.J.':'1 o Assislalff Secretar)' f\