HomeMy WebLinkAboutTSW Utility Solutions, Inc./UTL/$249,000/Construction Agreement/Industrial Drive Water Main ReplacementCONSTRUCTION AGREEMENT
CzTfshfzHsfdivlijobu2;34qn-Nbz3:-3135CITYOFCARMEL
INDUSTRIAL DRIVE WATER MAINREPLACEMENT
thThisAgreementistobeeffectivethe5day of June ,2024
between City ofCarmel, Carmel, Indiana
hereinafter called Owner)
and TSW Utility Solutions, Inc.
hereinafter called Contractor)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 WORK
1.1Contractorshall complete all Work as specified or indicated inthe Contract Documents and as
authorized by the Owner. The Work includes:
1.1.1.Provide all labor, materials, and equipment, to install approximately 630linear feet of water
main through open-cut installation and directional drilling, miscellaneous repair work
including pavementrepair and curb restoration, and all related Work as shown in the Bid
Documents.
1.2The Project for which work is to be performed under the Contract Documents is generally
described as: Industrial Drive Water MainReplacement Project.
ARTICLE 2 OWNER
2.1The Project is being administered by the City of Carmel Utilities, Carmel,Indiana. The Utilities
has final decision making authority for all significant matters and issues related to the Project.
ARTICLE 3 ENGINEER
3.1The Project has been designed by American Structurepoint, Inc., 9025 River Road, Suite 200,
Indianapolis, Indiana 46240.
ARTICLE 4 CONTRACT TIME
4.1The successful Bidder of the work shall substantially complete the Work, insixty(60)calendar
daysafterbeing given Notice to Proceed. The successful Bidder of the Work shall subsequently
complete the remaining parts of the Works, including cleanup, restoration, and any punch list
items within30 calendar daysafter certification ofsubstantial completion.
4.2Liquidated Damages. Owner and Contractor recognize that time is of the essence of this
Agreement and that Ownerwill suffer financial loss if the Work is not completed within the time
specified in Paragraph 4.1. They also recognize the delays, expense, and difficulties involved in
proving in legal or arbitration proceedings the actual loss suffered by Ownerif the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor
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agree that as liquidated damages for delay (but not apenalty) Contractor shall pay Owner One
Thousand Dollars and No Cents ($1,000) per day for each calendar day of delay until the Work is
satisfactorily completed, for each phase of the Contract as specified in Paragraph 4.1.
ARTICLE 5 CONTRACT PRICE
5.1 The Owner shall pay the Contractor for performance of the Work in accordance with the Contract
Documents inthe amounts that follow, subject toadjustment under the Contract:
A. For all Unit Price Work, an amount equal to the sum ofthe extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item).
B. Total of Unit Price Work (subject to final Unit Price adjustment) $ 249,000.00.
ITEM UNIT TOTAL
NO. DESCRIPTION UNITS QTY. COST COST
0001 MOBILIZATION AND LS 1 $ 12,300.00 $ 12,300.00
DEMOBILIZATION
0002 CONSTRUCTION LS 1 $ 5,550.00 $ 5,550.00
ENGINEERING
0003 MAINTENANCE OF TRAFFIC LS 1 $ 15,450.00 $ 15,450.00
0004 EROSION AND SEDIMENT LS 1 $ 7,000.00 $ 7,000.00
CONTROL
0005 8 IN DUCTILE IRON WATER LF 29 $ 377.00 $ 10,933.00
MAIN, OPEN CUT
INSTALLATION
0006 12 IN DUCTILE IRON WATER LF 154 $ 308.00 $ 47,432.00
MAIN, OPEN CUT
INSTALLATION
0007 12 IN HDPE WATER MAIN, LF 449 $ 174.00 $ 78,126.00
DIRECTIONAL DRILLED
0008 FIRE HYRANT ASSEMBLY EACH 1 $ 10,250.00 $ 10,250.00
0009 8IN GATE VALVE AND EACH 2 $ 2,000.00 $ 4,000.00
VALVE BOX
0010 12 IN GATE VALVE AND EACH 1 $ 3,400.00 $ 3,400.00
VALVE BOX
0011 8IN PIPE ABANDON LF 675 $ 33.00 $ 22,275.00
0012 3/4 IN COPPER WATER 31 LF $ 198.00 $ 6,138.00
SERVICE
0013 1IN COPPER WATER SERVICE 27 LF $ 233.00 $ 6,291.00
0014 PAVEMENT REPAIR SYS 220 $ 65.00 $ 14,300.00
0015 CURB RESTORATION LF 70 $ 60.50 $ 4,235.00
0016 SEEDING RESTORATION SYS 120 $ 11.00 $ 1,320.00
Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual (IN FIGURES)
quantities)
Two Hundred Forty Nine Thousand Dollars & Zero Cents $ 249,000.00
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ARTICLE 6 PAYMENT PROCEDURES
6.1 Contractor shall submit Applications for Payment to for review and
recommendation. Applications for Payment will be processed by Owner.
6.2 Progress Payments: Retainage. Owner shall make progress payment on account of the Contract
thPriceonthebasisofContractoronoraboutthe30day of each
month during performance of the Work as provided in Paragraph 6.2.1 below. All progress
payments will be on the basis of the progress ofthe work measured by the schedule of values.
6.2.1 Prior to Substantial Completion, progress payments will be made inan amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously
made and less such amounts as Owner may determine or Owner may withhold, including,
but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General
Conditions.
a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50
percent completed as determined by , and if the character and
progress of the Work have been found to be satisfactory by Owner and
Representative, then as long as the character and progress of the Work remain satisfactory
to Owner and , there will be no additional retainage; and
b. 90 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage.
6.2.2 Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts as
shall determine inaccordance with Paragraph 14.02.B.5 of the
General Conditions and less 200 percent of estimate of the value of Work tobe
completed or corrected as shown on the tentative list of items to be completed or corrected
prepared by and attached to the Certificate of Substantial
Completion.
6.3 Final Payment. Upon final completion and acceptance ofthe Work in accordance with Paragraph
14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by as provided in said Paragraph 14.07 of the General
Conditions.
ARTICLE 7 INTEREST
7.1 All moneys not paid when due hereunder shall bear interest at the rate of 0% per annum.
ARTICLE 8 S
8.1 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations.
8.1.1 Contractor is familiar with the nature, content, and extent of the Contract Documents, work
locality, and all local conditions, and federal, state, and local laws, ordinances, rules, and
regulations that in any manner may affect cost, progress, or performance of the Work.
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8.1.2 Contractor has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents including:
1) reports of explorations and tests of subsurface conditions at or contiguous to the Site
and all drawings of physical conditions relating to existing surface or subsurface structures
at the Site (except Underground Facilities), ifany, that have been identified in Paragraph
SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2)
reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have
been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing
reliable "technical data.
8.1.3 Based on the information and observations referred to in Paragraph 8.1.2above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work atthe Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract
Documents.
8.1.4 Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
8.1.5 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that have
been discovered in the Contract Documents and the written resolution thereof by Owner is
acceptable to Contractor.
8.1.6 The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing ofthe Work.
ARTICLE 9 CONTRACT DOCUMENTS
9.1 The Contract Documents that comprise the entire Contract between Owner and Contractor are
made a part hereof as is attached to this Contract and consist of the following.
9.1.1 This Agreement
9.1.2 Performance Bond
9.1.3 Payment Bond
9.1.4 Bid Bond or Certified Check
9.1.5 General Conditions
9.1.6 Supplementary Conditions
9.1.7 Specifications as listed in the table of contents of the Project Manual.
9.1.8 Drawings consisting of 52 sheets.
9.1.9 Addenda:
a. No. 1, dated April 10, 2024.
b. No. 2, dated April 19, 2024.
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9.1.10 Exhibits tothe Contract (enumerated asfollows):
a. Notice ofAward
b. s Bid including List of Subcontractors, E-Verify Affidavit, No Iranian
Investment certification, List of Equipment and
Work Form 96 including Non-Collusion Affidavit, and American Iron and Steel (AIS)
Certification.
c. Documents submitted by Contractor prior to Notice of Award.
9.1.11 The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice toProceed
b. Any Modifications, including Work Change Directives or Change Orders, duly delivered
after execution of Contract.
9.2 The documents listed in Paragraph 9.1.are attached to this Agreement (except as expressly noted
otherwise above).
9.3 There are no Contract Documents other than those listed above in this Article 9.
9.4 The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10 MISCELLANEOUS
10.1 Terms used in this Contract that are defined in Article 1of the General Conditions shall have the
meanings indicated in the General Conditions unless modified in the Supplemental Conditions.
10.2 No assignment by aparty hereto ofany rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and specifically, but without limitation, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment. No assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.3 Owner and Contractor each bind themselves, their partners, successors, assigns, and legal
representatives to the other party hereto, their partners, successors, assigns, and legal
representatives in respect to all covenants, contracts, and obligations contained in the Contract
Documents.
10.4 Davis-Bacon Act and Related Acts
1) Minimum Wages
a. All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once aweek, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary ofLabor under the Copeland Act (29 CFR part 3)), the full amount
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of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary
ofLabor which is attached hereto and made apart hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
b. Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for
more than aweekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in
Section (4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually
worked therein: Provided, that the employer'spayroll records accurately set forth the
time spent ineach classification in which work is performed. The wage determination
including any additional classification and wage rates conformed under paragraph
1)(ii) of this section) and the Davis- Bacon poster (WH-1321) shall be posted at all
times by the contractor and its subcontractors at the site of the work in aprominent and
accessible place where it can be easily seen by the workers.
c. The City of Carmel Utilities, on behalf of EPA, shall require that any class of
laborers or mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be classified in
conformance with the wage determination.
d. The EPA award official shall approve an additional classification and wage rate
and fringe benefits therefore only when the following criteria have been met:
The work to be performed by the classification requested is not performed
by aclassification inthe wage determination; and
The classification isutilized in the area by the construction industry; and
The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship tothe wage rates contained inthe
wage determination.
e. If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the City of Carmel Utilities agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), areport of the action taken shall be sent by the City ofCarmel Utilities to
the State award official. The State award official will transmit the report, to the
Administrator of the Wage and Hour Division, Employment Standards Administration,
U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, ordisapprove every additional classification action
within 30 days of receipt and so advise the State award official or will notify the State
award official within the 30-day period that additional time is necessary.
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f. In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the and the City ofCarmel Utilities do not
agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the questions,
including the views of all interested parties and the recommendation of the State award
official, to the Administrator for determination. The Administrator, or an authorized
representative, will issue adetermination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
g. The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (1)(ii)(B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
Whenever the minimum wage rate prescribed in the contract for aclass of laborers or
mechanics includes afringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
h. If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under aplan or
program, provided, that the Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in aseparate account asset for
the meeting of obligations under the plan or program.
2) Withholding
a. The City of Carmel Utilities, shall upon written request of the EPA Award Official or
an authorized representative of the Department of Labor, withhold or cause to be
withheld from the contractor under this contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work, all or part of the wages required by the
contract, the (Agency) may, after written notice tothe contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
3) Payrolls and basic records.
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for aperiod of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address,
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and social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated inproviding benefits under aplan or program described insection 1(b)(2)(B) of
the Davis-Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs.
b. The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the City of Carmel Utilities, that is, the entity that
receives the sub- grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each
payroll copy received, the City of Carmel Utilities shall provide written confirmation in
aform satisfactory to the State indicating whether or not the project is in compliance
with the requirements of29 CFR 5.5(a)(1) based on the most recent payroll copies for
the specified week. The payrolls shall set out accurately and completely all of the
information required tobe maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need toinclude an individually identifying number for
each employee (e.g., the last four digits ofthe employee'ssocial security number). The
required weekly payroll information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose from the Wage and Hour Division Web site
at https://www.dol.gov/agencies/whd/forms/wh347 or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them upon request to theCity
ofCarmel Utilities for transmission to the State or EPA ifrequested by EPA, the State,
the contractor, orthe Wage and Hour Division of the Department of Labor for purposes
of an investigation or audit of compliance with prevailing wage requirements. It isnot a
violation of this section for a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime contractor for its own records,
without weekly submission to the City of Carmel Utilities.
c. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed
by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
d. That the payroll for the payroll period contains the information required to be provided
under § 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being
maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information
is correct and complete;
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e. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3; and
f. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
g. The weekly submission of a properly executed certification set forth on the reverse
side ofOptional Form WH-347 shall satisfy the requirement for submission of the
Statement of Compliance" required by paragraph (3)(ii)(B) of this section.
h. The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and
section 231 oftitle 31 ofthe United States Code.
i. The contractor or subcontractor shall make the records required under paragraph
3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the State, EPA or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency or State may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to City of Carmel Utilities.
4) Apprentices and trainees.
a. Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in abona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with aState Apprenticeship Agency recognized by the
Office, or if aperson isemployed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who isnot individually registered in
the program, but who has been certified by the Office of Apprenticeship Training,
Employer and Labor Services or aState Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered
program. Any worker listed on apayroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site inexcess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
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wage determination for the work actually performed. Where acontractor is performing
construction on aproject inalocality other than that in which its program is registered,
the ratios and wage rates (expressed inpercentages of the journeyman'shourly rate)
specified in the contractor or subcontractor'sregistered program shall be observed.
Every apprentice must be paid atnot less than the rate specified inthe registered program
for the apprentice'slevel ofprogress, expressed as apercentage of the journeymen hourly
rate specified inthe applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office ofApprenticeship Training, Employer and Labor
Services, or aState Apprenticeship Agency recognized by the Office, withdraws approval
of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices atless than the applicable predetermined rate for the work performed until an
acceptable program is approved.
b. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant toand individually registered in aprogram which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio oftrainees tojourneymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee'slevel of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. Ifthe
trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at atrainee
rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of atraining program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5) Compliance with Copeland Act requirements. The contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this
contract.
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6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the governing federal
agency may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as acontractor and a
subcontractor as provided in 29 CFR 5.12.
8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5are herein
incorporated by reference in this contract.
9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State,
EPA, the U.S. Department ofLabor, orthe employees or their representatives.
10) Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the contractor'sfirm is a person or firm
ineligible tobe awarded Government contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award
of aGovernment contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
11) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers, mechanics,
watchmen and guards shall require or permit any such laborer, mechanic, watchman or
guard in any workweek in which he or she isemployed on such work to work in excess of
forty hours insuch workweek unless such laborer, mechanic, watchman or guard receives
compensation ata rate not less than one and one-half times the basic rate ofpay for all hours
worked inexcess of forty hours in such workweek.
CONSTRUCTION AGREEMENT
2023.02371 Industrial Drive Water Main Replacement Project 00 52 15 - 11
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
12) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in the above paragraph (11) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect
to each individual laborer, mechanic, watchman or guard employed inviolation of the
clause set forth in the above paragraph (11) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted towork in excess ofthe
standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in the above paragraph (11) of this section.
13) Withholding for unpaid wages and liquidated damages. The City of Carmel Utilities,
upon written request of the EPA Award Official or an authorized representative of the
Department ofLabor, shall withhold or cause tobe withheld, from any moneys payable on
account ofwork performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided inthe clause set forth inthe above paragraph (12) ofthis section.
14) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (11) through (14) of this section and also aclause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (11) through (14) of this section.
a. In addition to the clauses contained in paragraph (13), above, in any contract subject
only tothe Contract Work Hours and Safety Standards Act and not to any of the other
statutes cited in 29 CFR 5.1, the City of Carmel Utilities shall insert a clause requiring
that the contractor or subcontractor shall maintain payrolls and basic payroll records
during the course of the work and shall preserve them for aperiod of three years from
the completion of the contract for all laborers, mechanics, watchmen and guards
working on the contract. Such records shall contain the name and address ofeach such
employee, social security number, correct classifications, hourly rates ofwages paid,
daily and weekly number of hours worked, deductions made, and actual wages paid.
Further, the City of Carmel Utilities shall insert in any such contract aclause providing
that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the City ofCarmel and the Department ofLabor, and the contractor or
subcontractor will permit such representatives to interview employees during working
hours on the job.
10.5 Davis-Bacon Wage/Fringe Benefit Certification
1) Every contractor and subcontractor furnishing work on the Project shall complete a
Wage/Fringe Benefit Certification on the form available from the Indiana Finance Authority
and submit this certification to the Labor Standards Administrator prior to commencing work
CONSTRUCTION AGREEMENT
2023.02371 Industrial Drive Water Main Replacement Project 00 52 15 - 12
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
on the Project.
2) The Contractor shall require the substance of this provision to be included in all contracts with
subcontractors.
10.6 Suspension and Debarment
1) Contractor shall fully comply with Subpart Cof 2 CFR Part 180 and 2 CFR Part 1532,
is responsible for further requiring the inclusion of asimilar term or condition in any
subsequent lower tier covered transactions. Contractor may access the Excluded Parties List
System at www.epls.gov. This term and condition supersedes EPA Form 5700-49,
10.7 American Iron and Steel
1) The Contractor hereby acknowledges to and for the benefit of the City of Carmel Utilities
that itunderstands the work, goods and services under this Agreement are being funded with
monies containing
supplemented from time to time by federal rules and guidance) that requires all of the iron
this Agreement. The Contractor hereby represents and warrants to and for the benefit of the
Owner, and agrees, that (a) the Contractor has reviewed and understands the American Iron
and Steel Requirements, (b) all of the iron and steel products used in the project as provided
by the Contractor under this Agreement will be and/or have been produced in the United
States in amanner that complies with the American Iron and Steel Requirements and (c) the
Contractor will provide any further certification or assurance of compliance with this
paragraph as may be requested by the Owner. Notwithstanding any other provision of this
Agreement, any failure to comply with this paragraph by the Contractor shall permit the
Owner torecover as damages against the Contractor (and the Contractor shall indemnify and
hold the Owner harmless against) any loss, expense or cost (including without limitation
ARTICLE 11 SAFETY
11.1 Contractor shall be responsible for the safety ofits employees at all times and shall provide all
equipment to ensure their safety. Contractor shall ensure the enforcement of all applicable safety
rules, regulations, ordinances, and laws, whether federal, state, union local, or Owner. Contractor
shall hold harmless and indemnify Owner, City of Carmel, Engineer,
during performance of the Work from, for, and against any claim of any person in tort, contract,
or otherwise arising out of ajob-related injury, whether physical or otherwise.
CONSTRUCTION AGREEMENT
2023.02371 Industrial Drive Water Main Replacement Project 00 52 15 - 13
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
NOT PRESENT
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
DOCUMENT 005380 – PERFORMANCE BOND
Anysingular reference toContractor, Surety, Owner,orotherparty shallbeconsidered plural where applicable.
CONTRACTOR(Name andAddress): SURETY (Name, and Address ofPrincipal Place ofBusiness):
TSW Utility Solutions, Inc. Merchants Bonding Company (Mutual)
3120 West Morris Street6700 Westown Parkway
Indianapolis, IN46241 West DesMines, IA50266
OWNER(Name andAddress):
CityofCarmel Utilities
30West Main Street, Suite 200
Carmel, IN46032
CONTRACT
Effective Date ofAgreement:June 5, 2024
TwoHundred Forty NineThousandand
Amount: No/100Dollars ($249,000.00)
Description (Name andLocation): Industrial Drive Water Main Replacement
Engineer’sProject No.2023.02371
BOND
Bond Number:100331326
Date (Notearlier thanEffective Date of
Agreement):June5, 2024
Amount: TwoHundred Forty NineThousand andNo/100 Dollars ($249,000.00)
Modifications tothisBondForm: None
Surety andContractor, intending tobelegally boundhereby, subject totheterms setforth below, doeach cause this
Performance Bond tobedulyexecuted byanauthorized officer, agent, orrepresentative.
CONTRACTOR ASPRINCIPAL SURETY
TSW Utility Solutions, Inc. (Seal)Merchants Bonding Company (Mutual)(Seal)
Contractor'sName andCorporate SealSurety’sName andCorporate Seal
By: By:
Signature Signature (Attach Power ofAttorney)
Robert L. Sherfick
Print Name Print Name
Attorney-in-Fact
Title Title
Attest: Attest:
Signature Signature
KatiePikula, Secretary
Title Title
PERFORMANCE BOND 005380 - 1
2023.02371 –Industrial Drive Water Main Replacement Project
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
Note: Provide execution byadditional parties, such asjoint venturers, ifnecessary.
Contractor andSurety, jointly andseverally, bindthemselves, their heirs, executors, administrators, successors, and
assigns toOwner fortheperformance oftheContract, which isincorporated herein byreference.
1.IfContractor performs theContract, Surety andContractor have noobligation under thisBond, except to
participate inconferences as provided inParagraph 2.1.
2.Ifthere isnoOwner Default, Surety’sobligation under thisBond shall ariseafter:
2.1 Owner hasnotified Contractor andSurety, attheaddresses described inParagraph 9below, thatOwner
isconsidering declaring aContractor Default andhasrequested andattempted toarrange aconference
withContractor andSurety tobe heldnot laterthan15daysafterreceipt ofsuchnotice todiscuss methods
ofperforming theContract. IfOwner, Contractor, and Surety agree, Contractor shall beallowed a
reasonable timetoperform theContract, butsuchan agreement shallnotwaive Owner’sright, ifany,
subsequently todeclare aContractor Default; and
2.2 Ownerhasdeclared aContractor Default andformally terminated Contractor’sright tocomplete the
Contract. Such Contractor Default shallnot bedeclared earlier than20daysafterContractor and Surety
havereceived notice asprovided inParagraph 2.1; and
2.3 Owner hasagreed topaytheBalance oftheContract Price to:
1. Surety inaccordance withtheterms oftheContract; or
2. Another contractor selected pursuant toParagraph 3.3toperform theContract.
3.When Owner hassatisfied theconditions ofParagraph 2, Surety shallpromptly, andatSurety’sexpense, take
oneofthefollowing actions:
3.1 Arrange forContractor, withconsentofOwner, toperform andcomplete theContract; or
3.2 Undertake toperform andcomplete theContract itself, through itsagentsor through independent
contractors; or
3.3 Obtain bidsornegotiated proposals from qualified contractors acceptable toOwner foracontract for
performance andcompletion oftheContract, arrange for acontract tobeprepared for execution by Owner
andcontractor selected withOwner’sconcurrence, tobesecured withperformance andpayment bonds
executed byaqualified surety equivalent tothe bondsissued on theContract, and paytoOwnerthe
amount ofdamages asdescribed inParagraph 5inexcess oftheBalance oftheContract Price incurred
byOwnerresulting from Contractor Default; or
3.4 Waive itsrighttoperform andcomplete, arrange forcompletion, orobtain anewcontractor, andwith
reasonable promptness under thecircumstances:
1. After investigation, determine theamount forwhich itmaybeliable toOwner and, assoon as
practicable after theamount isdetermined, tender payment therefor toOwner; or
2. Deny liability inwhole orinpart andnotify Owner citing reasons therefor.
4.IfSuretydoesnot proceed asprovided inParagraph 3withreasonable promptness, Surety shall bedeemed to
beindefault onthisBond 15daysafterreceiptof anadditional written notice from OwnertoSurety demanding
thatSurety perform itsobligations under thisBond, andOwner shallbe entitled toenforce anyremedy available to
Owner. IfSurety proceeds asprovided inParagraph 3.4, andOwner refuses thepayment tendered orSurety has
deniedliability, inwhole orinpart, without further notice Ownershall beentitled toenforce anyremedy available
toOwner.
5.After Owner has terminated Contractor’sright tocomplete the Contract, andifSurety elects toactunder
Paragraph 3.1, 3.2, or 3.3above, thentheresponsibilities of Surety toOwner shallnotbegreater thanthose of
Contractor under theContract, andthe responsibilities ofOwner toSurety shallnot begreater thanthose ofOwner
under theContract. Tothelimitoftheamount ofthisBond, butsubject tocommitment byOwner oftheBalance of
theContract Price tomitigation ofcosts anddamages ontheContract, Suretyisobligated without duplication for:
PERFORMANCE BOND 005380 - 2
2023.02371 –Industrial Drive Water Main Replacement Project
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
5.1 Theresponsibilities ofContractor forcorrection ofdefective Work andcompletion oftheContract;
5.2 Additional legal, design professional, anddelay costs resulting from Contractor’sDefault, andresulting
fromtheactions oforfailure toactofSurety underParagraph 3; and
5.3 Liquidated damages, orifno liquidated damages arespecified intheContract, actual damages causedby
delayed performance ornon-performance ofContractor.
6.Surety shallnotbe liabletoOwner orothers forobligations ofContractor thatare unrelated totheContract, and
theBalance oftheContract Price shallnotbe reduced orsetoffon account ofanysuchunrelated obligations. No
right of action shall accrue onthisBondtoanyperson orentity other than Owner oritsheirs, executors,
administrators, orsuccessors.
7.Surety hereby waives notice ofanychange, including changes oftime, toContract ortorelated subcontracts,
purchase orders, andother obligations.
8.Anyproceeding, legalorequitable, under this Bond maybeinstituted inanycourt ofcompetent jurisdiction in
thelocation inwhich theWorkorpartoftheWork islocated, andshall beinstituted within twoyears after
Contractor Default orwithintwoyears afterContractor ceased working orwithintwoyears after Suretyrefuses or
failstoperform itsobligations underthis Bond, whichever occurs first. Iftheprovisions ofthisparagraph arevoid
orprohibited bylaw, theminimum period oflimitation available tosureties asadefense inthejurisdiction ofthe
suitshallbe applicable.
9.Notice toSurety, Owner, orContractor shallbe mailed ordelivered totheaddress shown onthesignature page.
10.When thisBond hasbeenfurnished tocomply withastatutory requirement inthelocation where theContract
wastobeperformed, any provision inthisBond conflicting withsaidstatutory requirement shallbedeemed deleted
herefrom andprovisions conforming tosuchstatutory requirement shallbedeemed incorporated herein. The intent
isthatthisBondshallbe construed as astatutory bond andnotas acommon lawbond.
11.Definitions.
11.1Balance oftheContract Price: Thetotal amount payable byOwner toContractor undertheContract after
allproper adjustments havebeenmade, including allowance toContractor ofanyamounts received orto
bereceived byOwner insettlement ofinsurance orotherClaims fordamages towhich Contractor is
entitled, reduced byall validand proper payments madetooronbehalf ofContractor underthe Contract.
11.2Contract: Theagreement between Owner andContractor identified onthesignature page, including all
Contract Documents andchanges thereto.
11.3Contractor Default: FailureofContractor, which hasneither beenremedied norwaived, toperform or
otherwise tocomply withthe termsoftheContract.
11.4Owner Default: FailureofOwner, which hasneither beenremedied norwaived, topayContractor as
required bytheContract ortoperform andcomplete orotherwise comply withtheother terms thereof.
FORINFORMATION ONLY – (Name, Address and Telephone)
Surety AgencyorBroker:
Owner’sRepresentative:
PERFORMANCE BOND 005380 - 3
2023.02371 –Industrial Drive Water Main Replacement Project
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
NFSDIBOUT!CPOEJOH!DPNQBOZ!)NVUVBM*!
ADDENDUM TO BOND
This Addendum is in reference to the bond(s) to which it is attached.
Merchants Bonding Company (Mutual) deems the digital or electronic image of
below affixed tothe bond(s) to the same extent as if araised corporate seal was
physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same
force and effect as though manually fixed to the bond(s).
All terms of the bond(s) remain the same.
Signed and effective March 23, 2020.
MERCHANTS BONDING COMPANY (MUTUAL)
By:_______________________________________
Larry Taylor, President
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
POWER OFATTORNEY
Jason DMcEldowney; JohnWHannonIII; KatiePikula; RobertLSherfick
11thSeptember 2023
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
President
202311thSeptember
Notary Public
5th2024June
Secretary
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
DOCUMENT 005385 – PAYMENT BOND
Anysingular reference toContractor, Surety, Owner, orother party shallbeconsidered plural where applicable.
CONTRACTOR(Name andAddress): SURETY (Name,and Address ofPrincipal Place ofBusiness):
TSW Utility Solutions, Inc. Merchants Bonding Company (Mutual)
3120 West Morris Street 6700 Westown Parkway
Indianapolis, IN46241 West DesMoines, IA50266
OWNER:
CityofCarmelUtilities
30West Main Street, Suite 200
Carmel, IN46032
CONTRACT
Effective Date ofAgreement: June5, 2024
Amount: TwoHundred Forty NineThousand andNo/100Dollars ($249,000.00)
Description (Name andLocation): Industrial Drive Water Main Replacement
Engineer’sProject No: 2023.02371
BOND
Bond Number: 100331326
Date (Notearlier thanEffective Date of
Agreement): June5, 2024
Amount: TwoHundred Forty NineThousand andNo/100Dollars ($249,000.00)
Modifications tothisBond Form: None
Surety andContractor, intending tobelegally bound hereby, subjecttotheterms setforthbelow, doeach cause this
Payment Bondtobedulyexecuted byanauthorized officer, agent, orrepresentative.
CONTRACTOR ASPRINCIPAL SURETY
TSW Utility Solutions, Inc. (Seal) Merchants Bonding Company (Mutual)(Seal)
Contractor'sNameand Corporate Seal Surety’sNameand Corporate Seal
By: By:
Signature Signature (AttachPower ofAttorney)
Robert L. Sherfick
PrintName Print Name
Attorney-in-Fact
Title Title
Attest: Attest:
Signature Signature
KatiePikula, Secretary
Title Title
Note: Provide execution byadditional parties, such asjoint venturers, ifnecessary.
PAYMENT BOND
2023.02371 – Industrial Drive Water Main Replacement Project 005385 - 1
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
1.Contractor and Surety, jointly andseverally, bind themselves, theirheirs, executors, administrators, successors,
andassigns toOwner topayforlabor, materials, and equipment furnished byClaimants foruse intheperformance
oftheContract, which isincorporated herein byreference.
2.With respect toOwner, thisobligation shallbenulland voidifContractor:
2.1 Promptly makes payment, directlyor indirectly, forallsums dueClaimants, and
2.2 Defends, indemnifies, andholds harmless Owner from allclaims, demands, liens, orsuitsalleging non-
payment byContractor byanyperson orentity who furnished labor, materials, orequipment for usein
theperformance ofthe Contract, provided Owner haspromptly notified Contractor and Surety (atthe
addresses described inParagraph 12) ofanyclaims, demands, liens, orsuitsandtendered defense ofsuch
claims, demands, liens, orsuitstoContractor andSurety, andprovided there isnoOwner Default.
3.With respect toClaimants, thisobligation shallbenullandvoidifContractor promptly makes payment, directly
orindirectly, forallsums due.
4.Surety shallhave noobligation toClaimants under thisBond until:
4.1 Claimants whoareemployed byorhave adirectcontract withContractor have givennotice toSurety (at
theaddress described inParagraph 12) andsentacopy, ornotice thereof, toOwner, stating thataclaim
isbeing made under thisBond and, withsubstantial accuracy, theamount oftheclaim.
4.2 Claimants whodonothaveadirect contract withContractor:
1. Have furnished written notice toContractor andsentacopy, ornotice thereof, toOwner, within90
daysafterhaving lastperformed labor or lastfurnished materials orequipment included intheclaim
stating, withsubstantial accuracy, the amount oftheclaim andthename oftheparty towhom the
materials orequipment were furnished orsupplied, orforwhom thelaborwasdone orperformed; and
2. Have either received arejection inwhole orinpartfrom Contractor, ornotreceived within 30daysof
furnishing theabove notice any communication fromContractor bywhich Contractor hadindicated the
claim willbe paiddirectly orindirectly; and
3. Nothaving beenpaidwithin theabove 30days, have sent awrittennotice toSurety (attheaddress
described inParagraph 12) and sentacopy, ornotice thereof, toOwner, stating thataclaim isbeing
made under thisBond andenclosing acopyoftheprevious written notice furnished toContractor.
5.Ifanotice byaClaimant required by Paragraph 4isprovided byOwner toContractor ortoSurety, thatis
sufficient compliance.
6.WhenaClaimant hassatisfied theconditions ofParagraph 4, theSuretyshall promptly andatSurety’sexpense
takethefollowing actions:
6.1 Sendan answertothatClaimant, withacopytoOwner, within 45 daysafter receipt oftheclaim, stating
theamounts thatareundisputed andthebasis forchallenging anyamounts thataredisputed.
6.2 Payorarrange forpayment ofanyundisputed amounts.
7.Surety’stotalobligation shallnotexceed theamount ofthisBond, andtheamountofthisBond shallbecredited
foranypayments made ingoodfaithbySurety.
8.Amounts owed byOwner toContractor undertheContract shallbe usedfortheperformance oftheContract
andtosatisfyclaims, ifany, underany performance bond. By Contractor furnishing andOwner accepting thisBond,
theyagree thatallfunds earned byContractor intheperformance oftheContract are dedicated tosatisfy obligations
ofContractor andSurety under thisBond, subject toOwner’spriority tousethe fundsfor thecompletion ofthe
Work.
9.Suretyshallnotbeliable toOwner, Claimants, orothers forobligations ofContractor thatareunrelated tothe
Contract. Owner shallnotbe liable forpayment ofanycosts orexpenses ofanyClaimant under thisBond, andshall
haveunder thisBond noobligations tomakepayments to, givenotices onbehalf of, orotherwise haveobligations
PAYMENT BOND
2023.02371 – Industrial Drive Water Main Replacement Project 005385 - 2
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
toClaimants under thisBond.
10.Surety hereby waives noticeofanychange, including changes oftime, totheContract ortorelated subcontracts,
purchase orders, andother obligations.
11.No suitoractionshall becommenced byaClaimant under thisBond other than inacourt ofcompetent
jurisdiction inthelocation inwhich theWork orpartoftheWork islocatedoraftertheexpiration ofoneyearfrom
thedate (1) onwhich theClaimant gavethe notice required byParagraph 4.1orParagraph 4.2.3, or (2) onwhich
thelastlaboror servicewas performed byanyone orthelastmaterials orequipment were furnished byanyone
under theContract, whichever of (1) or (2) firstoccurs. Iftheprovisions ofthisparagraph arevoidorprohibited by
law, theminimum period oflimitation available tosureties asadefense inthejurisdiction ofthesuitshall be
applicable.
12.Notice toSurety, Owner, orContractor shallbemailed ordelivered tothe addresses shown onthe signature
page. Actual receiptof notice bySurety, Owner, orContractor, however accomplished, shallbesufficient
compliance asofthedatereceived attheaddress shownonthesignature page.
13.When thisBond hasbeenfurnished tocomply withastatutory requirement inthelocation where theContract
wastobeperformed, any provision inthisBond conflicting withsaidstatutory requirement shallbedeemed deleted
herefrom andprovisions conforming tosuchstatutory requirement shallbedeemed incorporated herein. Theintent
isthatthisBondshallbe construed as astatutory Bond andnotas acommon lawbond.
14.Upon request ofanyperson orentity appearing tobeapotential beneficiary ofthisBond, Contractor shall
promptly furnish acopyofthisBond orshall permit acopy tobemade.
15.Definitions
15.1Claimant: Anindividual orentityhaving adirect contract withContractor, orwithafirst-tier
subcontractor ofContractor, tofurnish labor, materials, orequipment foruseintheperformance ofthe
Contract. TheintentofthisBond shallbetoinclude without limitation intheterms “labor, materials or
equipment” thatpartofwater, gas, power, light, heat, oil, gasoline, telephone service, orrental equipment
usedintheContract, architectural andengineering services required forperformance ofthe Workof
Contractor andContractor’ssubcontractors, andallother items forwhich amechanic’slienmaybe
asserted inthejurisdiction where thelabor, materials, orequipment werefurnished.
15.2Contract: Theagreement between Owner andContractor identified on thesignature page, including all
Contract Documents andchanges thereto.
15.3Owner Default: Failure ofOwner, which hasneither beenremedied norwaived, topayContractor as
required bytheContract, ortoperform andcomplete orotherwise comply withtheother terms thereof.
FORINFORMATION ONLY –(Name, Address, andTelephone)
Surety AgencyorBroker:
Owner’sRepresentative:
PAYMENT BOND
2023.02371 – Industrial Drive Water Main Replacement Project 005385 - 3
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
NFSDIBOUT!CPOEJOH!DPNQBOZ!)NVUVBM*!
ADDENDUM TO BOND
This Addendum is in reference to the bond(s) to which it is attached.
Merchants Bonding Company (Mutual) deems the digital or electronic image of
below affixed tothe bond(s) to the same extent as if araised corporate seal was
physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same
force and effect as though manually fixed to the bond(s).
All terms of the bond(s) remain the same.
Signed and effective March 23, 2020.
MERCHANTS BONDING COMPANY (MUTUAL)
By:_______________________________________
Larry Taylor, President
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0
POWER OFATTORNEY
Jason DMcEldowney; JohnWHannonIII; KatiePikula; RobertLSherfick
11thSeptember 2023
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
President
202311thSeptember
Notary Public
5th2024June
Secretary
DocuSign Envelope ID: E105B41C-8080-4F68-8565-60B4C6CBE2F0