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HomeMy WebLinkAboutPayment Bond - signed EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Central Plumbing&Heating, Inc. 3701 River Drive North Liberty Mutual Insurance Company Great Falls, MT 59405 175 Berkeley Street OWNER(name and address): Boston, MA 02116 City of Bozeman 20 East Olive St Bozeman, MT 59715 CONSTRUCTION CONTRACT Effective Date of the Agreement: 0C AQf- 6, �020 Amount:$76,293.00 Seventy Six Thousand Two Hundred Ninety Three Dollars and 00/100 Description(name and location): 2020 Storm Improvements BOND Bond Number: 906224035 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): (9,--+p6er Cp t 2©2 O Amount: $76,293.00 Seventy Six Thousand Two Hundred Ninety Three Dollars and 00/100 Modifications to this Bond Form: x❑ None ❑ See Paragraph 18 Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Central Plumbing&Heating, Inc. (seal) Liberty Mutual Insurance Company Contractors Name and Corporate Seal Surety's Name and Corporate Seal / 1912 i By: By; Signature (- Signature r ach paw f attorney) Kyle Hager Print Name Print Name �Y'GS[ �1nly Attorney-in-Fact Title Title Attest: Attest: �— Signature Signature (' ors*r w u� A ca w,►n s�rc.�c+r Title Title Notes. (1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other parry shall be considered plural where applicable. EICDC•C-61S,Payment Bond Copyright O 2013 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Sodety of Civil Engineers.All rights reserved. 1 of 3 1 R4ifle �1R I ■I i111fU1 SlI -■II1 'r -`]�J - ��1 - - - - - - - - - - - - _ X, - r' u� - 1111 -1 =Jrs, IAVIve M ICI �-2 I r.u .1 II !JI 'fI LL -1 1 LI LE p 141w .�� -�? II 111 � '� - �� = 1----►1iZ1-. 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The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference,subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims,demands,liens,or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials,or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract,and tendered defense of such claims,demands, obligations under Paragraph 7.1 or 7.2,the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant Incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's S. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, If any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond,subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner,Claimants,or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond,and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety(at the address described in Paragraph 13). 11. 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. EJCDC*C•615,Payment Bond Copyright O 2013 National Society of Professional Engineers,American Council of Engineering Companies, and Amerkan Society of Civil Engineers.All rights reserved. 2 of 3 ■ ' 11 ] ■ - ■I W■I■IIIIII mica allow MIMIELIMJ IR TIE r r: id- I P �IUILL —r ' L - - L` R- —1 ■ Im,RI III& I ji ■I I a 11 e C1R Ti J 11 ut _ 4911 CQ01 .1 u T■1� 11 - ' - - 1 -rL4 ► 11 1 T1 of NA wo 1 _ ■ 1 _ ■ WIU• q L11 1 Ut,LL LL _ 11 1 I -y LLir In I U-U- _ 1� MILL I I II 111 11 1 R\Tm Rig v -n — - 11 r • ' 1 Ir j r nm_ EL, 11111Inmill I I 16. - ■ I T 1 --1w. 11 TO 1 1� . I I ■ 1 u ■ IN ■ 11 L _' ' V• - r V ' 1' ■ ■II Ill h - - ' to - - 'I = - 1 •. II II 11 11. 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Ii _ _ II,f Lol I ■ i I _ I1 r I 1 -T ■ 1mmi 10 11 11 11 Ile. ■If{ ■ % I - 0111 ■vil I ■ 11 1 111 . - on ~' V s J ~ 1 R(■III■1ow it I-. - II - Ate I U T- iP 1111 ■Tk►Z jn -I i► r u■ ■ 31 1 ■ 1— r 9TW4"-- ;L I I -T ii ' rT n rm '1 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that Is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1)on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract,whichever of of the Construction Contract. The term Claimant (1) or(2)first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense In the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project Is located. The Intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation In the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims,however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor Identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor,the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; None S. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EICDC'G615,Payment Bond Copyright®2013 National Sodety of Professional Engineers,American Coundl of Engineering Companies, and American Society of Civil Engineers.AN rights reserved. 3 of 3 r.4lh�! 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Liberty Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Mutual. West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,Kyle Hager of the city of Helena state of MT its true and lawful attorney-In-fad,with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name:Central Plumbing&Heating,Inc. Obligee Name: City of Bozeman Surety Bond Number.906224035 Bond Amount: See Bond Form IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of December,2018. ,,%NSU.q PI11 INSU PNINSU84 The Ohio Casualty Insurance Company J�J OHO ,4rr� `ehJ��OAPOprfO✓�� ����� °`��yc'F Liberty Mutual Insurance Company r n o n F 'o Wes ehcan Insurance Company 1912 ; = 1919 ° 1991 P y y�7y9SStCT1f�! may!��HAM�'�`!2 y BAN* Y� By: t • David M.'Carey.Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 12th day of December,2018.before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF.I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. P PAS;, COMMONWEALTH OF PENNSYLVANIA Notarial Seal U i y Teresa Postella.Notary Public OF Upper MerionTWp.,Montgomery County By: FP My Commission Expires March 28.2021 Teresa Pasteila, otary Public 1k ��G Member,Pennsylvania Association of Notaries lAAY P� This Power of Attome ismade and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,reeognizarims and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as If signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- In-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE All-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Company to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,reeognizances and other surety obligations. Such attomeys-in-fad subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,reeognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,of Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company do hereby certihr that this power of attorney executed by said Companies is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this O r,- day of Dab kr 1020 . . L INSU'q p`t`f INSU hk%NSU,�, JtJ ovtlu _ n 1919° ` By 1912 1991 o a' y a e ee C.Lle elf Assistant Secretary W�)��SStCTI13�' ! �y! HAM