Loading...
HomeMy WebLinkAboutPayment Bond THE AMERICAN INSTITUTE OF ARCHITECTS t'\ . Bond No. 3344575 AlA Document A312 Payment Bond Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): TEAM CONTRACTING, LLC 14912 RAILROAD STREET MEMPHIS, IN 47143 SURETY (Name and Principle Place of Business): GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI, OH 45202 {" OWNER (Name and Address): CITY OF JEFFERSONVILLE, INDIANA JEFFERSONVILLE CITY HALL, 500 QUARTERMASTER GOURT" JEFFERSONVILLE, IN 47130 CONSTRUCTION CONTRACT Date: AUGUST 21, 2007 Amount: $ 88,598.00 EIGHTY EIGHT THOUSAND fIVE HUNDRED NINETY EIGHT AND 00/100 Description (Name and Location): UTICA-SELLERSBURG ROAD/S.R. 62 SEWER & WATER LINE EXTENSION BOND ' Date (Not earlier than Construction Contract Date): AUGUST 23, 2007 Amount: $ 88,598.00 EIGHTY EIGHT THOUSAND FIVE HUNDRED NINETY EIGHT AND 00/100 Modifications to this Bond: [X] None' [ ] See Page 6 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) mAMCO~~ Signature: . . .~? .~/ Name and Title: Ms.v'~ c. L.e,.c.o~, u,:.;;; O,u~..n ~ ~WOI.. (Any additional signatures appear on page 6) FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: Garrett-Stotz Co. 10350 ORMSBY PARK PLACE SUITE 105 Louisville, KY 40223 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER'1984 ED., AlAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2DDD6 THIRD PRINTING. MARCH 1987 A312-1984 4 (\ r 1. The Contractor and 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 Construction 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, materials, or 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 and 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 addres 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 thereof, to the 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 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. 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 5. If a notice required by Paragraph 4 is gven by the Owner to the Contractor or to the Surety, that is sufficient compliance. AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., A1AO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 r\! A312-1984 5 , 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 a copy to be made. t\ 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, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between 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 Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: A312.1984 6 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET . CINCINNATI, OHIO 45202 . 513-369-5000 · FAX 513-723-2740 ~, ,: . <-, Tl}e number of persons authorized by this power of attorney is not more than Eight No.O 18129 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the qREAT 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 its true and lawful attorney- in-fact, for it and in its name, place and stead to execute in behalf of the ~aid 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. Steven M. Garrett Name Deborah A. Yates Address all of Limit of Power all William A. Kantlehner, III Jeffrey A.Brown Louisville, Kentucky $75,000,000. Thomas J. Mitchell Diane L. Phelps Roger A. Neal Linda Kapfhammer This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURf..NCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26th day of May , 2005 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513-412-4602) On this 26th day of May, 2005 , 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 the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed th~ 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 t,hereto by like authority. 1\ 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 March 1, 1993. RESOLVED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents. or any one (~fthem. be and hereby is authorized. from time to time. to appoint one or I1wre Attorneys-in-Fact to execute on beha(f of the Company, as surety. any and all bonds, undertakings and contracts of suretyship, 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 appointtnent 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 C!f either given for the execution of any bond. undertaking, contract or 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, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 23RD day of AUGUST, 2007 f' S1029U (4-04)