HomeMy WebLinkAboutTPI Utility Construction, LLC/UTL/$705,675/2024 Water Main ImprovementsCzTfshfzHsfdivlijobu:;48bn-Efd34-3135
342:923
PERFORMANCEBOND
Contractor SuretyTxjttSfDpsqpsbufTpmvujpotBnfsjdb
Name: Name: UQJVujmjuzDpotusvdujpo-MMD JotvsbodfDpsqpsbujpo
Address(principal place ofbusiness): Address (principal place ofbusiness):
589O/Dp/Se/2211F/ 2311NbjoTu/-Tvjuf911
jpotwjmmf-JO57188 LbotbtDjuz-NP75216.3589
OwnerContract
Name: Description(nameand location): DjuzpgDbsnfmVujmjujft
3135XbufsNbjoJnqspwfnfoutMailingaddress(principalplace ofbusiness):
41XftuNbjoTusffu
Dbsnfm-JO57143
Contract Price: 816-786/11
Effective Date ofContract: Efdfncfs29-3135
Bond
Bond Amount: 816-786/11
Date of Bond: Efdfncfs29-3135
Date ofBond cannot beearlier than EffectiveDate
ofContract)
Modifications tothis Bondform:
5None See Paragraph 16
Surety and Contractor, intending tobelegally bound hereby, subject tothe terms set forthin this
Performance Bond, doeach cause this PerformanceBond tobeduly executed byanauthorized officer,
agent, orrepresentative.
Contractoras 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)
NjdibfmDsbccName: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, or other party isconsidered plural where applicable.
EJCDC® C-610, Performance Bond.
Copyright2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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.
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.
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: \[Describe modification orenter “None”\]
Opof
EJCDC® C-610, PerformanceBond.
Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies,
andAmericanSocietyofCivilEngineers. Allrightsreserved.
OBODZK/OPOXFJMFS-KPIOX/IBOOPOJJJ-KBTPONdFMEPXOFZ-boeSPCFSUM/TIFSGJDL
KPJOUMZPSTFWFSBMMZ
PGJGUZNJMMJPO)%61-111-111/11*EPMMBST
21 OPWFNCFS33
3321OPWFNCFS
3529uiEfdfncfs
342:923
PAYMENTBOND
Contractor SuretyTxjttSfDpsqpsbufTpmvujpotBnfsjdb
Name: Name: JotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD
Address(principal placeof business):Address (principal place of business):
589O/Dp/Se/2211F/2311NbjoTu/-Tvjuf911
jpotwjmmf-JO57188LbotbtDjuz-NP75216.3589
OwnerContract
Name:Description(name and location): DjuzpgDbsnfmVujmjujft
Mailing address(principal place of business): 3135XbufsNbjoJnqspwfnfout
41XftuNbjoTusffu
Dbsnfm-JO57143
816-786/11ContractPrice:
Efdfncfs29-3135EffectiveDateofContract:
Bond
Bond Amount: 816-786/11
Efdfncfs29-3135DateofBond:
Date ofBond cannotbe earlier than Effective Date ofContract)
ModificationstothisBond form:
5NoneSeeParagraph 18
Surety and Contractor, intending tobelegally bound hereby, subject tothe terms set forthin this
Payment Bond, doeach cause this Payment Bond to beduly executed byanauthorized officer, agent, or
representative.
Contractoras Principal Surety
TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD
Full formalname of Contractor)(Full formalname of Surety)(corporate seal)
By: By:
Signature)(Signature)(Attach Power of Attorney)
SpcfsuM/TifsgjdlName:Name:
Printed or typed)(Printed or typed)
Title:Title:Buupsofz.jo.Gbdu
Attest:Attest:
Signature)(Signature)
NjdibfmDsbccName:Name:
Printed or typed)(Printed or typed)
TfdsfubszTitle:Title:
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party isconsidered plural where applicable.
EJCDC® C-615, Payment Bond.
Copyright2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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.
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.
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: \[Describe modification orenter “None”\]
Opof
EJCDC® C-615, PaymentBond.
Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies,
andAmericanSocietyofCivilEngineers. Allrightsreserved.
OBODZK/OPOXFJMFS-KPIOX/IBOOPOJJJ-KBTPONdFMEPXOFZ-boeSPCFSUM/TIFSGJDL
KPJOUMZPSTFWFSBMMZ
PGJGUZNJMMJPO)%61-111-111/11*EPMMBST
21 OPWFNCFS33
3321OPWFNCFS
3529uiEfdfncfs