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ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
PERFORMANCE BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of business):
Central Plumbing &Heating, Inc. Liberty Mutual Insurance Company
3701 River Drive North 175 Berkeley Street
Great Falls, MT 59405 Boston, MA 02116
OW N E R(name and address):
City of Bozeman
20 East Olive St
Bozeman, MT 59715
CONSTRUCTION CONTRACT r Effective Date of the Agreement: �GTp�I� G , 2 02 0
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): f 0 Z02 O
Amount: $76,293.00 Seventy Six Thousand Two Hundred Ninety Three Dollars and 00/100
Modifications to this Bond Form: Q None ❑ See Paragraph 16
Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause
this Performance 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 ►Nsu
Contractor's Name and Corporate Seal Suretys Name and Corporate Seal
1912 i
Signature Signature(attach por4er of attorney)
Kyle Hager
r
Print Name Print Name
Attorney-in-Fact
Title Title
Attest: Attest: L"\� till
Signature Sig ture
L' onA-rac.V t-rl1 4-c..4-crr
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 party shall be considered plural where applicable.
EXM C'C-610,Performance Bond
Copyright®2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved. 1 of 3
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1. The Contractor and Surety, jointly and severally, bind to be secured with performance and payment bonds executed
themselves, their heirs, executors, administrators, successors, and by a qualified surety equivalent to the bonds issued on the
assigns to the Owner for the performance of the Construction Construction Contract, and pay to the Owner the amount of
Contract,which Is Incorporated herein by reference. damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
2. If the Contractor performs the Construction Contract,the Surety Contractor Default;or
and the Contractor shall have no obligation under this Bond,except
when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, arrange for
Paragraph 3. completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
3. If there is no Owner Default under the Construction Contract,
the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for
which It may be liable to the Owner and, as soon as
3.1 The Owner first provides notice to the Contractor and practicable after the amount is determined,make payment
the Surety that the Owner is considering declaring a Contractor to the Owner,or
Default. Such notice shall indicate whether the Owner Is
requesting a conference among the Owner, Contractor, and 5.4.2 Deny liability in whole or in part and notify the
Surety to discuss the Contractor's performance. If the Owner Owner,citing the reasons for denial.
does not request a conference, the Surety may, within foe(S)
business days after receipt of the Owner's notice,request such a 6. If the Surety does not proceed as provided in Paragraph 5 with
conference. If the Surety timely requests a conference, the reasonable promptness,the Surety shall be deemed to be in default
Owner shall attend. Unless the Owner agrees otherwise, any on this Bond seven days after receipt of an additional written notice
conference requested under this Paragraph 3.1 shall be held from the Owner to the Surety demanding that the Surety perform its
Within ten (10) business days of the Surety's receipt of the obligations under this Bond, and the Owner shall be entitled to
Owner's notice. If the Owner, the Contractor, and the Surety enforce any remedy available to the Owner. If the Surety proceeds as
agree, the Contractor shall be allowed a reasonable time to provided in Paragraph 5.4,and the Owner refuses the payment or the
perform the Construction Contract,but such an agreement shall Surety has denied liability,in whole or in part,without further notice
not waive the Owners right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the
Contractor Default; Owner.
3.2 The Owner declares a Contractor Default, terminates 7. If the Surety elects to act under Paragraph 5.1,5.2,or 5.3,then
the Construction Contract and notifies the Surety;and the responsibilities of the Surety to the Owner shaft not be greater
than those of the Contractor under the Construction Contract, and
3.3 The Owner has agreed to pay the Balance of the the responsibilities of the Owner to the Surety shall not be greater
Contract Price in accordance with the terms of the Construction than those of the Owner under the Construction Contract. Subject to
Contract to the Surety or to a contractor selected to perform the the commitment by the Owner to pay the Balance of the Contract
Construction Contract Price,the Surety is obligated,without duplication for:
4. Failure on the part of the Owner to comply with the notice 7.1 the responsibilities of the Contractor for correction of
requirement In Paragraph 3.1 shall not constitute a failure to comply defective work and completion of the Construction Contract;
with a condition precedent to the Surety's obligations,or release the
Surety from its obligations, except to the extent the Surety 7.2 additional legal, design professional, and delay costs
demonstrates actual prejudice. resulting from the Contractors Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5;and
5. When the Owner has satisfied the conditions of Paragraph 3,the
Surety shall promptly and at the Surety's expense take one of the 7.3 liquidated damages, or if no liquidated damages are
following actions: specified In the Construction Contract,actual damages caused by
delayed performance or non-performance of the Contractor.
S.1 Arrange for the Contractor, with the consent of the
Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 53, or 5.4,the
Surety's liability is limited to the amount of this Bond.
5.2 Undertake to perform and complete the Construction
Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
5.3 Obtain bids or negotiated proposals from qualified Contract,and the Balance of the Contract Price shall not be reduced
contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of
performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than
arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and
Owner and a contractor selected with the Owners concurrence, assigns.
EK=*C-6i0,Performanoe Bond
Copyright O 2013 National Sodety of Professional Engineers,American Coundl of Engineering Companies,
and American Society of Civil Engineers.All rights reserved. 2 of 3
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10. -The Surety hereby waives notice of any change, including for damages to which the Contractor Is entitled, reduced by all
changes of time, to the Construction Contract or to related valid and proper payments made to or on behalf of the
subcontracts,purchase orders,and other obligations. Contractor under the Construction Contract.
11. Any proceeding, legal or equitable, under this Bond may be 24.2 Construction Contract: The agreement between the
instituted In any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page,including all
which the work or part of the work is located and shall be Instituted Contract Documents and changes made to the agreement and
within two years after a declaration of Contractor Default or within the Contract Documents.
two years after the Contractor ceased working or within two years
after the Surety refuses or falls to perform its obligations under this 14.3 Contractor Default: Failure of the Contractor, which
Bond,whichever occurs first. If the provisions of this paragraph are has not been remedied or waived,to perform or otherwise to
void or prohibited by law, the minimum perlods of limitations comply with a material term of the Construction Contract.
available to sureties as a defense in the jurisdiction of the suit shall be
applicable. 14.4 Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required
12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or
mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction
signature appears. Contract.
13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents:All the documents that comprise
or other legal requirement in the location where the construction was the agreement between the Owner and Contractor.
to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and 15. If this Bond is issued for an agreement between a contractor and
provisions conforming to such statutory or other legal requirement subcontractor,the term Contractor in this Bond shall be deemed to
shall be deemed incorporated herein. When so furnished,the intent be Subcontractor and the term Owner shall be deemed to be
is that this Bond shall be construed as a statutory bond and not as a Contractor.
common law bond.
16. Modifications to this Bond areas follows:
14. Definitions
None
14.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made Including
allowance for the Contractor for any amounts received or to be
received by the Owner in settlement of insurance or other claims
EJMC°C 610,Performance Bond
Copyright m 2013 National Society of Professional Engineers,American Council of Ergineering Companies,
and American Society of Civil Engineers.All rights reserved. 3 of 3