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HiE AME,RI(ANIN$TITUHOF ARCHITECTS
BOND NO. 0007412
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Clark Nickles, Inc.
1501 Tunnel Mill Road
Charlestown, IN 47111
SURETY (Name and Principal Place of Business):
COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY
1301 HIGHTOWER TRAIL, SUITE 210
ATLANTA, GA 30350
OWNER (Name and Address):
City of Jeffersonville, IN
500 Quartermaster Ct.
Jeffersonville, IN 47130
CONSTRUCTION CONTRACT
Date:
Amount: $ 474,086.00
Description (Name and Location): Winn Dixie Ditch Storm Drain Rehabilitation Project
BOND Date (Not earlier than Construction Contract Date): 02/09/10
Amount: $ 474,086.00
Modifications to this Bond:
IZI None
D See Page 6
SURETY
Company: (Corporate Seal)
COMPANION PROPERTY AND CASUALTY
INSURANCE COMPANY /Jj,/J
Signature: ~
Name and Title Andrew C. Heaner
ATTORNEY-IN-FACT
CONTRACtOR AS PRINCIPAL
Company:. (Corporate Seal)
Clark Nickles, Inc.
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Mr" ":?::/ "/~1"7 /~i';j" .
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Signature..>- /' t~ d v. /r4:: l.l~
Name and Title:
(Any additional signatures appear on page 6)
(FOR /NFORMA nON ONL Y - Name, Address and Telephone)
AGENT or BROKER:
Wessel Insurance Agency
41 01 Cane Run Road
Louisville, KY 40216
OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
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 performance of the Construction Contract,
which is incorporated 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 furnished 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 payment, 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 tile
claim.
4.2 Claimants who do not have a direct contract with tile
Contractor:
.1 Have furnished written notice to the Contractor 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 notice 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 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 sufficient 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 performance 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 priority 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 unrelated to the
Construction Contract. The 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.
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 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 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 materials or
equipment were furnished by anyone under the Construction
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 conforming 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.
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006
THIRD PRINTING. MARCH 1987
A312-1984 5
... ,
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.
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 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 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
Construction Contract, architectural and engineering services
15.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature 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 Contractor as required
by the Construction Contract or to perform and complete or
comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
(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:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006
THIRD PRINTING. MARCH 1987
A312-1984 6