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HomeMy WebLinkAboutTPI Utility Construction, LLC/UTL/$499,350/Six Points Water Main ExtensionCzTfshfzHsfdivlijobu7;37qn-Kvm41-3135 Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Approved and Adoptedthis day of ,20. CITYOFCARMEL,INDIANA Byandthrough itsBoardofPublicWorksandSafety BY: Sue Finkam,PresidingOfficer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn,Clerk Date: Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 7 24 NOT PRESENT August 8/7/2024 8/7/2024 8/7/2024 342:922 PERFORMANCEBOND Contractor Surety TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoName: Name: UQJVujmjuzDpotusvdujpo-MMD Address(principal place ofbusiness): Address (principal place ofbusiness): 589O/Dp/Se/2211F/ 2561BnfsjdboMbof-Tvjuf2211 jpotwjmmf-JO57188 Tdibvncvsh-JM71284 Owner Contract Name: Description (nameand location): DjuzpgDbsnfmVujmjujft TjyQpjoutSpbeXbufsNbjoFyufotjpoMailingaddress (principal place ofbusiness): 41XftuNbjoTusffu-Tvjuf311 Dbsnfm-JO57143 Contract Price: 5::-461/11 Effective Date ofContract: Bvhvtu8-3135 Bond Bond Amount: 5::-461/11 Date ofBond: Bvhvtu8-3135 Date ofBond cannot beearlier than Effective Date ofContract) Modifications tothis Bondform: 5None See Paragraph 16 Surety and Contractor, intending tobe legally bound hereby, subject tothe terms set forthinthis Performance Bond, doeach cause this Performance Bond tobeduly executed byanauthorized officer, agent, orrepresentative. Contractor as Principal Surety TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD Full formal name ofContractor)(Full formal name ofSurety) (corporate seal) By: By: Signature)(Signature)(Attach Power ofAttorney) SpcfsuM/TifsgjdlName:Name: Printed ortyped)(Printed ortyped) Buupsofz.jo.GbduTitle:Title: Attest: Attest: Signature)(Signature) LbujfQjlvmbName:Name: Printed ortyped)(Printed ortyped) TfdsfubszTitle:Title: Notes: (1) Provide supplemental execution byany additional parties, such asjoint venturers. (2) Any singular reference toContractor, Surety, Owner, orother party is considered plural where applicable. EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, andassigns tothe Owner for the performance ofthe Construction Contract, which isincorporated herein byreference. 2.Ifthe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable toparticipate inaconference asprovided in Paragraph3. 3.Ifthere isnoOwner Default under the Construction Contract, the Surety’sobligation under this Bond will arise after: 3.1. The Owner first provides notice tothe Contractor andthe Surety that the Owner isconsidering declaring aContractor Default. Such notice may indicate whether theOwner isrequesting a conference among the Owner, Contractor, and Surety todiscuss the Contractor’s performance. Ifthe Owner does not request aconference, the Surety may, within five (5) business days after receipt ofthe Owner’snotice, request such aconference. If theSurety timely requests a conference, the Owner shall attend. Unless theOwner agrees otherwise, any conference requested under this Paragraph 3.1will beheld within ten (10) business days of the Surety’s receipt ofthe Owner’snotice. Ifthe Owner, the Contractor, and the Surety agree, the Contractor shall beallowed areasonable time toperform theConstruction Contract, but such anagreement does not waive the Owner’sright, ifany, subsequently to declare a Contractor Default; 3.2. TheOwner declares aContractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner hasagreed topaythe Balance ofthe Contract Price inaccordance with the terms of the Construction Contract tothe Surety ortoacontractor selected toperform the Construction Contract. 4.Failure onthe partof the Owner tocomply with the notice requirement inParagraph 3.1does not constitute a failure to comply with acondition precedent tothe Surety’sobligations, or release the Surety from itsobligations, except tothe extent the Surety demonstrates actual prejudice. 5.When the Owner has satisfied the conditions ofParagraph 3, the Surety shall promptly and atthe Surety’sexpense take one ofthe following actions: 5.1. Arrange forthe Contractor, with the consent ofthe Owner, toperform and complete the Construction Contract; 5.2. Undertake toperform and complete theConstruction Contract itself, through itsagents or independent contractors; 5.3. Obtain bids ornegotiated proposals from qualified contractors acceptable tothe Owner for a contract for performance and completion ofthe Construction Contract, arrange for acontract tobe prepared forexecution by the Owner and acontractor selected with the Owners concurrence, tobesecured with performance and payment bonds executed by aqualified surety equivalent tothe bonds issued onthe Construction Contract, and paytothe Owner the amount ofdamages asdescribed inParagraph 7inexcess ofthe Balance ofthe Contract Price incurred by the Owner asaresult ofthe Contractor Default; or 5.4. Waive itsright to perform and complete, arrange for completion, orobtain anew contractor, and with reasonable promptness under the circumstances: EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 5.4.1After investigation,determine the amount for which itmay be liable tothe Owner and, assoon aspracticable after the amount isdetermined, make payment tothe Owner; or 5.4.2 Deny liability inwhole orinpart andnotify the Owner, citing the reasons for denial. 6.Ifthe Surety does not proceed asprovided inParagraph 5 with reasonable promptness, the Surety shall bedeemed tobeindefault onthisBond seven days after receipt ofanadditional written notice from the Owner to the Surety demanding that the Surety perform itsobligations under this Bond, and theOwner shall beentitled toenforce any remedy available tothe Owner. Ifthe Surety proceeds as provided inParagraph 5.4, and the Owner refuses thepayment, ortheSurety has denied liability, in whole orinpart, without further notice, the Owner shall beentitled to enforce any remedy available tothe Owner. 7.Ifthe Surety elects toact under Paragraph 5.1, 5.2, or5.3, then the responsibilities ofthe Surety to the Owner will not begreater than those ofthe Contractor under the Construction Contract, andthe responsibilities ofthe Owner to the Surety will not begreater than those ofthe Owner under the Construction Contract. Subject to the commitment bythe Owner to pay the Balance ofthe Contract Price, the Surety isobligated, without duplication for: 7.1. the responsibilities ofthe Contractor for correction ofdefective work and completion ofthe Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor’sDefault, andresulting from theactions orfailure toact ofthe Surety under Paragraph 5; and 7.3. liquidated damages, orifnoliquidated damages are specified inthe Construction Contract, actual damages caused bydelayed performance ornon-performance ofthe Contractor. 8.Ifthe Surety elects toact under Paragraph 5.1, 5.3, or5.4, theSurety’sliability islimited tothe amount ofthis Bond. 9.The Surety shall not beliable tothe Owner orothers for obligations ofthe Contractor that are unrelated tothe Construction Contract, and the Balance ofthe Contract Price will not bereduced or set off onaccount ofany such unrelated obligations. No right ofaction will accrue onthis Bond toany person or entity other than the Owner or itsheirs, executors, administrators, successors, and assigns. 10.The Surety hereby waives notice ofany change, including changes oftime, tothe Construction Contract ortorelated subcontracts, purchase orders, and other obligations. 11.Any proceeding, legal orequitable, under this Bond must beinstituted inany court of competent jurisdiction inthe location in which the work orpart ofthe work islocated and must beinstituted within two years after adeclaration ofContractor Default orwithin two years after the Contractor ceased working orwithin twoyears after the Surety refuses orfails toperform itsobligations under this Bond, whichever occurs first. Ifthe provisions ofthis paragraph are void orprohibited bylaw, the minimum periods oflimitations available tosureties asadefense inthe jurisdiction ofthe suit will be applicable. 12.Notice tothe Surety, the Owner, or theContractor must bemailed or delivered tothe address shown onthe page onwhich their signature appears. 13.When this Bond has been furnished tocomply with astatutory orother legal requirement inthe location where the construction was tobeperformed, any provision inthis Bond conflicting with said statutory orlegal requirement will bedeemed deleted therefrom and provisions conforming tosuch statutory orother legal requirement will bedeemed incorporated herein. When sofurnished, the intent isthat this Bond will beconstrued asastatutory bond andnot asacommon law bond. EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 14.Definitions 14.1.Balance ofthe Contract Price—Thetotal amount payable by theOwner totheContractor under theConstruction Contract after allproper adjustments have been made including allowance for the Contractor for any amounts received or tobereceived by the Owner insettlement of insurance orother claims for damages towhich the Contractor isentitled, reduced byallvalid and proper payments made tooronbehalf oftheContractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents andchanges made totheagreement and the Contract Documents. 14.3. Contractor Default—Failure ofthe Contractor, which has not been remedied orwaived, to perform orotherwise tocomply with a material term ofthe Construction Contract. 14.4. Owner Default—Failure ofthe Owner, which has not been remedied orwaived, topay the Contractor asrequired under the Construction Contract or toperform and complete orcomply with the other material terms oftheConstruction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15.Ifthis Bond isissued for anagreement between acontractor and subcontractor, the term Contractor inthis Bond will bedeemed tobeSubcontractor and theterm Owner will bedeemed tobeContractor. 16.Modifications tothis Bond are asfollows: \[Describe modification orenter “None”\] EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B OBODZK/OPOXFJMFS-KPIOX/IBOOPOJJJ-KBTPONdFMEPXOFZ-boeSPCFSUM/TIFSGJDL KPJOUMZPSTFWFSBMMZ PGJGUZNJMMJPO)%61-111-111/11*EPMMBST 21 OPWFNCFS33 3321OPWFNCFS 358uiBvhvtu Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 342:922 PAYMENTBOND Contractor Surety Name: Name:TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD Address(principalplaceofbusiness):Address (principalplaceofbusiness): 589O/Dp/Se/2211F/2561BnfsjdboMbof-Tvjuf2211 jpotwjmmf-JO57188Tdibvncvsh-JM71284 Owner Contract Name:Description (nameandlocation): DjuzpgDbsnfmVujmjujft Mailing address (principalplaceofbusiness): TjyQpjoutSpbeXbufsNbjoFyufotjpo 41XftuNbjoTusffu-Tvjuf311 Dbsnfm-JO57143 5::-461/11ContractPrice: Bvhvtu8-3135EffectiveDateofContract: Bond Bond Amount: 5::-461/11 Bvhvtu8-3135DateofBond: Date ofBond cannot beearlier than Effective Date ofContract) Modifications tothis Bond form: 5None SeeParagraph 18 Surety and Contractor, intending tobelegally bound hereby, subject totheterms set forthinthis Payment Bond, doeach cause this Payment Bond to beduly executed byanauthorized officer, agent, or representative. Contractor as Principal Surety TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD FullformalnameofContractor) (FullformalnameofSurety) (corporateseal) By: By: Signature)(Signature)(AttachPowerofAttorney) SpcfsuM/TifsgjdlName:Name: Printedortyped)(Printedortyped) Title:Title:Buupsofz.jo.Gbdu Attest: Attest: Signature)(Signature) LbujfQjlvmbName:Name: Printedortyped) (Printedortyped) TfdsfubszTitle:Title: Notes: (1) Providesupplementalexecutionbyanyadditionalparties, suchasjointventurers. (2) Anysingularreferenceto Contractor, Surety, Owner, orotherpartyisconsideredpluralwhereapplicable. EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns tothe Owner topayfor labor, materials, and equipment furnished for use inthe performance ofthe Construction Contract, which isincorporated herein by reference, subject tothe following terms. 2.Ifthe Contractor promptly makes payment ofallsums due toClaimants, and defends, indemnifies, and holds harmless theOwner from claims, demands, liens, orsuits byany person orentity seeking payment for labor, materials, or equipment furnished for use inthe performance ofthe Construction Contract, then the Surety and the Contractor shall have noobligation under thisBond. 3.Ifthere isnoOwner Default under the Construction Contract, the Surety’sobligation tothe Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) ofclaims, demands, liens, orsuits against the Owner orthe Owner’sproperty by anyperson or entity seeking payment for labor, materials, orequipment furnished for useinthe performance of the Construction Contract, and tendered defense of such claims, demands, liens, orsuits to the Contractor and the Surety. 4.When the Owner hassatisfied the conditions inParagraph 3, the Surety shall promptly and atthe Surety’sexpense defend, indemnify, and hold harmless the Owner against aduly tendered claim, demand, lien, orsuit. 5.The Surety’sobligations toaClaimant under this Bond will arise after the following: 5.1. Claimants who donot have adirect contract with the Contractor 5.1.1. have furnished awritten notice ofnon-payment tothe Contractor, stating with substantial accuracy the amount claimed and the name of theparty towhom the materials were, orequipment was, furnished orsupplied orfor whom the labor was done orperformed, within ninety (90) days after having last performed labor orlast furnished materials orequipment included inthe Claim; and 5.1.2. have sent aClaim tothe Surety (atthe address described inParagraph 13). 5.2. Claimants who are employed byorhave adirect contract with the Contractor have sent aClaim tothe Surety (atthe address described inParagraph 13). 6.Ifanotice ofnon-payment required by Paragraph 5.1.1isgiven bythe Owner to the Contractor, that issufficient to satisfy aClaimant’sobligation tofurnish awritten notice ofnon-payment under Paragraph 5.1.1. 7.When aClaimant has satisfied the conditions ofParagraph 5.1or5.2, whichever isapplicable, the Surety shall promptly and atthe Surety’sexpense take the following actions: 7.1. Send an answer tothe Claimant, with a copy tothe Owner, within sixty (60) days after receipt ofthe Claim, stating the amounts that are undisputed andthe basis for challenging any amounts thatare disputed; and 7.2. Pay orarrange for payment ofany undisputed amounts. 7.3. The Surety’sfailure todischarge itsobligations under Paragraph 7.1or7.2will not bedeemed toconstitute awaiver ofdefenses the Surety or Contractor may have or acquire asto aClaim, except asto undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge itsobligations under Paragraph 7.1or7.2, the Surety shall indemnify the Claimant forthe reasonable attorney’sfees the Claimant incurs thereafter torecover anysums found tobedueand owing tothe Claimant. EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 8.The Surety’s total obligation will not exceed the amount ofthis Bond, plus the amount ofreasonable attorney’sfees provided under Paragraph 7.3, andthe amount ofthis Bond will becredited for any payments made ingood faith bythe Surety. 9.Amounts owed bythe Owner to the Contractor under the Construction Contract will beused for the performance ofthe Construction Contract and tosatisfy claims, ifany, under any construction performance bond. By the Contractor furnishing andthe Owner accepting thisBond, they agree that allfunds earned bythe Contractor in the performance of the Construction Contract are dedicated to satisfying obligations ofthe Contractor and Surety under this Bond, subject tothe Owner’spriority to usethe funds for the completion ofthe work. 10.The Surety shall notbe liable totheOwner, Claimants, or others forobligations ofthe Contractor that are unrelated tothe Construction Contract. The Owner shall not be liable for the payment of any costs orexpenses of anyClaimant under this Bond, and shall have under this Bond noobligation tomake payments toorgive notice onbehalf of Claimants, orotherwise have any obligations toClaimants under thisBond. 11.The Surety hereby waives notice ofany change, including changes oftime, tothe Construction Contract ortorelated subcontracts, purchase orders, and other obligations. 12.No suit oraction will becommenced byaClaimant under this Bond other than ina courtofcompetent jurisdiction inthe state inwhich the project that isthe subject ofthe Construction Contract is located orafter the expiration ofone year from the date (1) onwhich the Claimant sent aClaim tothe Surety pursuant toParagraph 5.1.2or5.2, or (2) onwhich thelast labor or service was performed byanyone orthe last materials orequipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. Ifthe provisions ofthis paragraph are void orprohibited by law, theminimum period oflimitation available tosureties asadefense inthe jurisdiction ofthe suit will beapplicable. 13.Notice and Claims tothe Surety, the Owner, orthe Contractor must bemailed ordelivered tothe address shown onthe page onwhich their signature appears. Actual receipt ofnotice orClaims, however accomplished, will besufficient compliance asofthe date received. 14.When this Bond has been furnished tocomply with astatutory orother legal requirement inthe location where the construction was tobeperformed, any provision inthis Bond conflicting with said statutory orlegal requirement will be deemed deleted here from andprovisions conforming tosuch statutory orother legal requirement will bedeemed incorporated herein. When sofurnished, the intent isthat this Bond will beconstrued asastatutory bond andnot asacommon law bond. 15.Upon requests by any person orentity appearing tobeapotential beneficiary ofthis Bond, the Contractor andOwner shall promptly furnish acopy ofthis Bond orshall permit acopy tobemade. 16.Definitions 16.1. Claim—Awritten statement bythe Claimant including ataminimum: 16.1.1. The name ofthe Claimant; 16.1.2. The name ofthe person for whom the labor was done, ormaterials orequipment furnished; 16.1.3. Acopy ofthe agreement orpurchase order pursuant towhich labor, materials, or equipment was furnished for useinthe performance ofthe Construction Contract; 16.1.4. Abrief description ofthe labor, materials, orequipment furnished; EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B 16.1.5. The date onwhich the Claimant last performed labor orlast furnished materials or equipment foruse inthe performance ofthe Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, orequipment furnished asofthe date ofthe Claim; 16.1.7. Thetotal amount ofprevious payments received bythe Claimant; and 16.1.8. Thetotal amount due and unpaid tothe Claimant for labor, materials, orequipment furnished asof the date of theClaim. 16.2. Claimant—An individual orentity having adirect contract with the Contractor orwith a subcontractor ofthe Contractor tofurnish labor, materials, orequipment for use inthe performance ofthe Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted aclaim under anapplicable mechanic’slien orsimilar statute against the real property upon which the Project islocated. The intent ofthis Bond istoinclude without limitation inthe terms of “labor, materials, orequipment” that part ofthe water, gas, power, light, heat, oil, gasoline, telephone service, orrental equipment used intheConstruction Contract, architectural and engineering services required forperformance ofthe work ofthe Contractor and the Contractor’ssubcontractors, andallother items for which amechanic’slien may beasserted inthe jurisdiction where the labor, materials, orequipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including allContract Documents and allchanges made tothe agreement and the Contract Documents. 16.4. Owner Default—Failure ofthe Owner, which has not been remedied orwaived, topay the Contractor asrequired under the Construction Contract or toperform and complete orcomply with the other material terms oftheConstruction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17.Ifthis Bond isissued for anagreement between acontractor and subcontractor, the term Contractor inthis Bond will bedeemed tobeSubcontractor and the term Owner will be deemed tobeContractor. 18.Modifications tothis Bond are asfollows: \[Describe modification orenter “None”\] EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B OBODZK/OPOXFJMFS-KPIOX/IBOOPOJJJ-KBTPONdFMEPXOFZ-boeSPCFSUM/TIFSGJDL KPJOUMZPSTFWFSBMMZ PGJGUZNJMMJPO)%61-111-111/11*EPMMBST 21 OPWFNCFS33 3321OPWFNCFS 358uiBvhvtu Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B Docusign Envelope ID: CE29C369-4E8C-4B1C-BBCB-1B80D54C518B