HomeMy WebLinkAbout12- Notice to Proceed with Lutey Construction for Laurel Glen Water Dept. Building Renovation Project NOTICE TO PROCEED
Dated: December 17, 2012
TO: Lutey Construction
ADDRESS: 420 So. 13t"Ave
Bozeman, MT 59715
Contract: Laurel Glen Water Dept. Building Renovation Project
Project: Add Restroom, Shower, and Break Room
OWNER'S CONTRACT NO. Laurel Glen
You are notified that the Contract Times under the above contract will commence to run
on December 17,2012. By that date, you are to start performing your obligations under the
Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial
Completion is February 1, 2013 and the date of readiness for final payment is February 1,
2013.
Before you may start any Work at the Site, paragraph 2.7 of the General Conditions
provides that you and Owner must each deliver to the other(with copies to Engineer and other
identified additional insureds) certificates of insurance which each is required to purchase and
maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must:
Provide a copy of the performance bond, and the other missing submittals discussed at the
preconstruction meeting.
City,of,l3ozeman
(0 ER
14 By:
Ac- (AUTHORIZED SIGNATURE)
� . . . . . . . . .
ACCEPTANCE OF NOTICE TO PROCEED
C-:
By:
(CONTRACTOR)
.... . . . . . . .
cz uk (TITLE)
(DATE)
LUTEY CONSTRUCTION
THE CRAFTSMAN, INC.
420 S. Uh Ave. Bozeman,MT 59715
Phone. (406)587-8892
Fax: (406)582-5727
Send to: From:
City of Bozeman Shane Lutey
Superitenclent of Facility Services
P,O. Box 1230
Bozeman, MT 59715
Attention. James Goehrung Date, December 14, 2012
Fax Number: 406- Phone Number: 406-582-3232
We are sending you the following items:
U Letter Q Shop Drawings
L3 Plans L3 Specifications
Cl Samples ZI Other .......----..............
Conies: Description:
I Ea Laurel Glen Performance and Payment Bonds
1 Ea General Liability Certificate
I Ea Workman's Compensation Certificate
The above items are transmitted as checked below:
L) As Requested Q Approved as Noted
LJ For Review and Comment U Revise and Resubmit
L1 For Your Use LJ Returned for Corrections
El Approved L3 Return Corrected Prints
Comments,
Signed: Date:
1
Received By: Date:
Client#: 133433 27CRAINC
ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYI
1211112012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Chris Hindoien
NAME:
Hub nt Mountain States Ltd IAJcNN Ext:406 542-5126 INC,No1. 406 542-5647
2703 Connery Way E-MAIL Chris.hindoient�hubinternakionaN.COm
46 64 Missoula,-5 26 59808 INSURER(S)AFFORDING COVERAGE NAIC 9
406 542-5126
INSURER A:United Fire&Casualty Group 113021
INSURED INSURER 8:
The Craftsman, Inc.; Lutey Construction ----
INSURER c
420 S 13th Ave _m _-.._....m _ _ _.m............... ......................_ _... ---. _.......
—._. ..—.__.._
Bozeman, MT 59715 INSURER o
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER. REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ...... ., m.....pl]DL.SUBR POLICY ffff"
LTR TYPE OF INSURANCE INSR VJVD ...._. POLICY NUMBER —r MMIDDfYYYY MMI�. . ..m-._. LIMITS
A GENERAL LIABILITY X 60405221 0710812012 07108/2013 EACH OCCURRENCE $1,000,000
COMMERCIAL GENERAL LIABILITY P E IS S "'Ju D nce $1,00000
CLAIMS-MARE I l OCCUR MED EXP(Any one person) $5,000
PERSONAL&ADVINJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN"L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMtiPIOP AGG s2,000,000
..
PRO-
POLICY _ .dEST.....-...__.. LOC _� .m....,- _.. _,_,.__._.
_ -- COMBINED SINGLE LIMIT
A AUTOMOBILE LIABILITY 60405221 7/0812012 07108/2013 Aga accident) $1,000„000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODI I
AUTOS AUTOS LY INJURY(Per accident) $
NON-OWNED _
X HIRED AUTOS X AUTOS PROPERTY DAMAGE $
Per accident
$
A UMBRELLA LIAR OCCUR 60405221 0710812012 0710812013 EACH OCCURRENCE s2000,000
EXCESS LAB _ CLAIMS-MADE AGGREGATE $2 000'000
RETENTION$10000 $
WORKERS COMPENSATION WC 5TATU-.,..,. (OTH-
AND EMPLOYERS'LIABILITY YIN TQF2Y LUILITS_I— LER,... _ ...
ANY PROPRIETORIPARTNERIEXECUTIVE °” E L EACH ACCIDENT $
I
OFFICERIMEMBER EXCLUDED? I NIA
E L DISEASE-EA EMPLOYEE $
(Mandatory in NH) m.__......_-
If yes,describe under
DESCRIPTION OF OPERATIONS below -- E.L.DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES IAttaoh ACORD 101,Additional Remarks Schedule,if more space is required)
Project: Laurel Glenn Water Building Remodel
Certificate holder is an additional insured if required by written contract,and coverage is primary and
noncontributory, per the attached form CG71310312.
CERTIFICATE HOLDER CANCELLATION
ANY City of Bozeman THE SHOULD
EXPIRATIONH DATE VTHEREO FE NOTOICE LICIES
WIBLL CBE CDELIVEREDO N
PO BOX 1230 ACCORDANCE WITH THE POLICY PROVISIONS.
Bozeman, MT 59771
AUTHORIZED REPRESENTATIVE
OO 1988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
#fS3411241M300243 RP'R
CG 71 31 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Terms and provisions of this endorsement shall supercede any inconsistent language in any other coverage form.
SCHEDULE
Name of Additional Insured Person(s) or Organ ization(s):
Location And Description of Completed operations:
Additional Premium:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to your liability for "bodily injury" or "property damage" which may be
imputed to that person(s) or organization(s) directly arising out of "your work" at the location designated and
described in the schedule of this endorsement performed for that additional insured and only for that liability included
in the"products-completed operations hazard".
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the
failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
CG 71 31 03 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page I of 2
*14023420* 1 1111111111111111111111111111111
Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond Bond No. 537754P
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place of business)
Lutey Construction -The Craftsman, Inc. Developers Surety and Indemnity
420 South 13th Ave Company This document has important legal
Bozeman, MT 59715 P.O. Box 19725 consequences.Consultation with
Irvine,CA 92623 an attorney is encouraged with
respect to its completion or
modification,
OWNER: Any singular reference to
(Name, legal status and address) Contractor,Surety,Owner or
City of Bozeman other party shall be considered
P.O. Box 1230 plural where applicable.
Bozeman, MT 59771-1230
CONSTRUCTION CONTRACT
Date: 1216/2012
Amount: FIFTY-THREE THOUSAND FIVE HUNDRED FIFTEEN AND NO1100 Dollars(553,515.00)
Description: Laurel Glen Water Facility Building Improvement Project, Bozeman,Montana
(Name and location)
BOND
Date; 12/11/2012
(Not earlier than Construction Contract Date)
Amount: FIFTY-THREE THOUSAND FIVE HUNDRED FIFTEEN AND NO/100 Dollars ($53,515.00)
Modifications to this Bond; N None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company, (Corporate Seol) Company: (Corporate Seal)
Lutey Construction -The Developers Surety and Indemnit
Craftsman, Inc. Company
Signature: Signature:
Name Name Joh Leaf
andl'itle: and Title: Attorney-In-Fact
COUNTERSIGNM.
(Any additional signatures appear on the lost page�f this Performance Bond) HUB INTERNATIONAL MOUNTAIN
M"W
(rOR INFORMA 770N ONLY —Name,address and telephone)
AGENTorBROKER: OWNER'S REPRESENTATIVE:
Hub International Mountain States Limited
(Architect,Engineer or otherpartj?) TE N AfUiV=
P.O. Box 711
Great Falls,NIT 59403
(406)453-1464
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering;declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among;the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days alter receipt of"
the Owner's notice,request such a conference, If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(1 fl)business days of the Surety's receipt
of the Owner's notice,If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract,
§4 Failure oil the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition.
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with[lie Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,acid pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owner;or
.2 Deity liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default Oil this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
§7Ifthe Surety elects to act under Section 5.1,5.2 or 53,then the responsibilities of the Surety to the Owner shall not be greater than those ofthe
Contractor under the Construction Contract,and the responsibilities ofthe Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplication,for
.1 the responsibilities ofthe Contractor for correction of defective work and completion ofthe Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or
failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-perfirmance ofthe Contractor.
§8If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9'The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the
Balance ofthe Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns.
§ID The Surety hereby waives notice of any change,including changes oftime,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court ofconrpetent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the
provisions ofthis 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 page on which their signature
appears..
§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.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond,
§14 Definitions
§14.1 Balance of the Contract Prue.The total amount payable by the Owner to the Contractor Under the Construction Contract after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behall°ofthe
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default,Failure ofthe Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms ofthe Construction Contract,
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
IS Modifications to this bond are as follows:
(Space is provided below for additional signatures o.f added parties, olherlhar?those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seat) Company: (Corporate Seal)
Signature: Signature:
Name and'Fitle: Name and Title:
Address Address
Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond Bond No. 537754P
CONTRACTOR: SURETY:
(Nance,legal status and address) (Name, legal status and principal place of husiness)
Lutey Construction -The Craftsman, Inc. Developers Surety and Indemnity
420 South 13th Ave Company
Bozeman, MT 59715 P.O. Box 19725 This document has important legal
Irvine,CA 92623 consequences.Consultation with
an attorney is encouraged with
respect to its completion or
modification.
OWNER: Any singular reference to
(Name, legal status and address) Contractor,Surety,Owner or
City of Bozeman other party shall be considered
P.O. Box 1230 plural where applicable.
Bozeman, MT 59771-1230
CONSTRUCTION CONTRACT
Date; 12/6/2012
Amount:FIFTY-THREE THOUSAND FIVE HUNDRED FIFTEEN AND NO/100 Dollars($53,515.00)
Description: Laurel Glen Water Facility Building Improvement Project, Bozeman, Montana
(Name and location)
BOND
Date: 12/11/2012
(Not earlier than Construction Contract Dale)
Amount: FIFTY-THREE THOUSAND FIVE HUNDRED FIFTEEN AND NO/100 Dollars ($53,515.00)
Modifications to this Bond: N None n' See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Lutey Construction -The Developers Surety and lndemn'ty
Craftsman, Inc. company
Signature: signature:
Name Nance JohX—Leaf
and Title! and,ritte: Attorney-In-Fact
(Any additional signatures appear on the last page of this Pqvmeni Bond.) COUINTERSIGNED:
HUB INTERNATION4 MOUNTAIN
(FOR INFORMATION ON1,Y—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Hub International Mountain States Limited (Archileci, Engineer or other porilv)
P.O. Box 711
Great Falls, MT 59403
(406)453-1464
§1 The Contractor and 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 Constructions Contract,which is incorporated herein by reference,
subject to the following terms.
§2 if the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 if there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or snits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following.
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whops the labor was done or
performed,within ninety(90)days aver having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section '13)..
§6 if a notice of non-payment required by Section 5.1.1 is givers by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts,
§7.3 The Surety's failure to discharge its obligations under Sections 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed arnounts for which the Surety and Clainsant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant,
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 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
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work.
§1 o 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 the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf or,Claimants or otherwise have any obligations to Claimants under this Bond.
§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.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,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.
§13 Notice and Claims to the Surety,the Owner or the Contractor-shall be mailed or delivered to the address shown on the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 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.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made,
§16 Definitions
§161 Claim,A written statement by the Claimant including at a minimum:
A the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the
performance of tine Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 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
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date ofthe Claim.
16.2 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 Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.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 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,
§163 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
§16.4 Owner Default.Failure of the Owner,which has not been rernedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§16.5 Contract Documents,All the documents that comprise the agreement between the Owner and Contractor.
§17 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor..
§18 Modifications to this bond are as follows:
(Space is provided helow for aa"ditional signalures of added parties, other than those appearing on the cover•))age.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (('o)/xr)-tIle Seal)
Signature: Signature:
Name and Title: Narne and Titic:
Address Address
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