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Performance Bond Bond No. 929334376 PERFORMANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety Company executing this bond shall appear on the most current list of"Surety Companies Acceptable on Federal Bonds, "as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that "CONTRACTOR": Gilliatte General Contractors, Inc. and "Surety": [Name] Western Surety Company [Address] 9000 Keystone Crossing, Suite 500 Indianapolis, IN 46240 a corporation chartered and existing under the laws of the State of South Dakota, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of One Million Four Hundred Sixty Eight Thousand One Hundred and No/100 ($1,468,100.00) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument,we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the_day of , 20 , by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as: City Center Streetscape 2004 The overall general scope of the Project consists of improvements to and surrounding the site of the Carmel Clay Veterans' Memorial,including street median cuts, utility modifications,walkways,parallel parking lane,masonry screen wall,landscaping and irrigation, restroom pavilions,flagpoles,lighting and other incidental work as described more fully by these construction documents for the project site located southwest of the intersection of 3"1 Avenue and City Center Drive. which Agreement, and the "Contract Documents"as referred to therein, are hereby incorporated herein by reference; NOW,THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well,truly and faithfully perform his duties, all the undertakings, covenants, terms and conditions of said Agreement whether PFB-1 during the original term thereof,and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising thereunder, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received,hereby stipulates and agrees: 1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this Bond shall in any way affect its obligation on the Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1)year after the OWNER's final settlement with the CONTRACTOR. IN WITNESS WHEREOF,this instrument is executed in l(One) (number)counterparts, each one of which shall be deemed an or.ginal,t e is th- ;1`h day of June, 20 04. CONTRACTS j•�name Gilliatte General Contractors Inc. By: _...i._...... // Thomas J. Ritman, President -- [signature] [printed name] ATTEST: A ` I / , A - - •_ , Secretary�Tre as ur e Secretary/Treasurer [signature] Kathy J. Carter SURETY: [name] Western Surety Company BY: - ill// a-4f Il`/� , Attorney-in-Fact [si:if.ture] Kimberly J. Pace, 4 orney-In-Fact 9000 Keystone Crossing, Suite 500 [printed name] [address] M.J. Schuetz Agency Indianapolis, IN 46240 P.O. Box 44070 Indianapolis, IN 46244-0070 (317) 639-5679 PFB-2 PAYMENT BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by Owner. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of"Surety Companies Acceptable on Federal Bonds,"as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that "CONTRACTOR": Gilliatte General Contractors, Inc. and "Surety": [Name] Western Surety Company [Address] 9000 Keystone Crossing, Suite 500 Indianapolis, IN 46240 a corporation chartered and existing under the laws of the State of South Dakota and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel,Indiana hereinafter called OWNER, in the penal sum of One Million Four Hundred Sixty Eight Thousand One Hundred and No/100 ($1,468,100.00)in lawful money in the United States, for the payment of which sum well and truly to be made,plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER,dated as of the_day of , 20 , by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as: City Center Streetscape 2004 The overall general scope of the Project consists of improvements to and surrounding the site of the Carmel Clay Veterans' Memorial,including street median cuts,utility modifications,walkways,parallel parking lane,masonry screen wall,landscaping and irrigation, restroom pavilions, flagpoles,lighting and other incidental work as described more fully by these construction documents for the project site located southwest of the intersection of 3'd Avenue and City Center Drive. which Agreement, and the "Contract Documents" as referred to therein, are hereby incorporated herein by reference; NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to remain in full force PMB-1 . and effect. "Claimant" shall mean any Subcontractor, material supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor,performed in such work. PROVIDED, FURTHER, that the said Surety, for value received,hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this Bond shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the owner hereunder as to any claim the may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER's final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in 1 (One) (number) counterparts, each one of which shall be deemed an original, this the 30th day of June,20 04. CONTRAC,R j/ame] / illiatte General Contractors Inc. B Thomas J. Ritman, President gpir [signature] [printed name] ATT .T__, i/' • ��• , Secretary /Treasurer [signature Kathy J. Carter SURETY: [name] Western Surety Company BY:_ I./FIC-.4%� V , Attorney-in-Fact [si_ ture] -Kimberly J. Pace, •(Forney-In-Fact 9000 Keystone Crossing, Suite 500 [printed name] [address] M.J. Schuetz Agency Indianapolis,IN 46240 P.O. Box 44070 Indianapolis, IN 46244-0070 (317) 639-5679 PMB-2 Western Surety C orn an pv POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint M J Schuetz Jr, J D Pace II, Vickie L Wolcott, David A Linthicum, Beverly K Ray, Carolyn J Waggoner, Kimberly J Pace, Individually • of Indianapolis,IN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of March,2004. ��.� WESTERN SURETY COMPANY 44,,. ,5aer'N A/S00°4.4 $ s WiV ,�I=i STN OPµ z Paul .Bruflat,Senior Vice President State of South Dakota ) )j ss County of Minnehaha On this 22nd day of March,2004,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires l i D. KRELL November 30,2006 i eft NOTARY PUBLIC SE�AI i ALth SOUTH DAKOTA D.Krell,No ry Public CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 30th day of June 2004 ?siTr. „, WESTERN SURETY COMPANY .714 •��M OPKQ1� L.Nelson,Assistant Secretary Form F4280-01-02 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.