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CONSTRUCTION CONTRACT MOSCOW ARRA BUS SHELTERS & SIDEWALKS 2010 THIS CONTRACT, dated this 17th day of August, 2010 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and McCall's Classic Construction (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through four and the following: 1. Advertisement for bids; 2. Project Specifications titled: Moscow ARRA Bus Shelters & Sidewalks 2010 Key No. 11909/ID-86-X001 City Project No. 1 04-009; 3. Bid/Proposal of the Contractor, dated July 28, 2010, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this contract. There are no Contract Documents other than those listed in Art!c!e 1. Th!s Contract may on!y be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: MOSCOW ARRA BUS SHELTERS & SIDEWALKS 2010 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before FORTY-FIVE (45) CALENDAR DAYS FROM THE EFFECTIVE DATE OF THE NOTICE TO PROCEED, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 -CONSTRUCTION CONTRACT Z.CIO· 46 ---PAGE BREAK--- ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the work in accordance with the Contract Documents in current funds the amount of ONE HUNDRED NINETY-EIGHT THOUSAND EIGHT HUNDRED FORTY DOLLARS AND NINETY-FIVE CENTS ($198,8 40.95). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the plans and specifications established for this project. ARTICLE 7. HOLD HARMLESS /INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct, or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer I Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City. PAGE 2 -CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this Contract for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or this Contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 13. COMMUNICATIONS Such communications as are required by this Contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: McCall's Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 City: City of Moscow P.O. Box 9203 Moscow, ID 8 3843 PAGE 3 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: McCall's Classic Construction JU\ y '2 1otH ACKNOWLEDGMENT state ofl.!;u County of4 ) ) ss ) On this 1+ day of , 2010, before me, a Notary Public of the State of \ , personally appeared Randall F. McCall and JoAnn K. McCall known to me to be the President and Secretary of McCall's Classic Construction described in the above document and acknowledged to me they executed the same. I Notary Public residing at: 67-\o V\ 5 My commission expires: 1f>. \ S • 2.012 Date PAGE 4 -CONSTRUCTION CONTRACT ---PAGE BREAK--- BID PROPOSAL TO:Mayor and City Council Date: City of Moscow, Idaho This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for MOSCOW ARRA BUS SHELTERS & SIDEWALKS - 2010, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East 2nd Street, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the tenns and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid which rejection or acceptance is deemed to be in the best interest of the City. 7. The undersigned, as a bidder, acknowledges that Addenda Number \ through____,\ _ have been delivered to him and have been examined as part of the contract documents. 8. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. 9. The undersigned agrees to obtain the appropriate Idaho Public Works license prior to contract award if not already licensed. 10. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB-16. License No.'s may be given as 'pending'. Page 2 ---PAGE BREAK--- Idaho Public Subcontractors Trade Specialty Works License No.$ Amount PwC -e--l\1 lLl-,A.AP< -4 p qooo b. _ _ _ c. _ 11. The undersigned has included with the bid the following forms and information: a. Bid Proposal, signed b. Bid Security c. Bidder's Non-Collusion Affidavit, signed d. Bidder's Drug-Free Workplace Affidavit, signed 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for MOSCOW ARRA BUS SHELTERS & SIDEWALKS- 2010 as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for prices in accordance with the completed schedule contract prices as follows: Item No. Description 1. Remove/Dispose Concrete Sidewalk 2. Remove/Dispose Concrete Curb/Gutter 3. Remove/Dispose Cone. Retaining Wall 4. Remove/Dispose Bituminous Surface 5. Relocate Catch Basin 6. Reinforced Concrete Approach 7. Reinforced Concrete Driveway BID SCHEDULE Quantity/Unit 105 Square Yards 616 Lineal Feet 34 Lineal Feet 154 Square Yards 1 Each 172 Square Yards 122 Square Yards Page 3 Unit Price $ H· oo $ Per S.Y. $ '5.Ɲ0 $ Per L.F. $ !3.'15 $ Per L.F. $ liS' 40 $ Per S.Y. $ z..nso . oo $ Per Each $ /4.25 Per S.Y. $ l-?:i '30 Per S.Y. $ $ Total Price \1 1 Žs. ob 3, 3!;'0 . co 4bl.ƙo 2-a3ll. (o0 2-,ISO . 00 L 2- I • co CB4Ł, ƛƜ3. Bo $ $ $ $ $ $ $ $ l6, t52., e:=,o S1 . z.o 414DO • 00 i1lbD . DO ļ'b-1-3 . 2.0 I 1313 ,z.o Ľ,4oo.oo 14 I 32..· tJ.O ---PAGE BREAK--- 21. Sixth Street Bus Shelter 22. Third Street Bus Shelter 23. Bus Shelter Use Tax 24. Traffic Control 25. Mobilization (s 5% of Bid) Firm Name ofBidder Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Signature of 'Cider Official Title SEAL (if incorporated) Dated at 10:00 a&A-- Per L.S. $ 6, '6ib. oo Per L.S. $ qo,·7o. t:..io ( Include in total $ 1 310. 00 bid amount) Per L.S. ooo' 00 Per L.S. $ tt7J,q*z. ciS TOTAL BID $ J Cff6, cc,4../-o · Ɩ5 j4::; B?ACH-\/ta.O i3i,..IIO . C-£..4Ɨt=DN wA Mailing Address G¥'f4-o3 Public Works License No. (if licensed) State of Incorporation if Incorporated This "2.Sday of '2010. Page 5 ---PAGE BREAK--- July 21,2010 ADDENDUM NO. ONE City of Moscow Project: City Project No. 104-009 Key No. 11909/ID-86-XOO 1 The following changes, additions, clarifications, and/or deletions are hereby made a part of Moscow's project MOSCOW ARRA BUS SHELTERS & SIDEWALKS, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. 1. All Segmented Retaining Wall blocks shall be colored. Color of blocks may vary by address and are subject to approval by the City Engineer. Receipt of ADDENDUM NO. ONE must be acknowledged. This addenda must be signed and attached to the bid to acknowledge its receipt: Signature Q.-rBidder · / Title J ƚ-tt-Y 2-fD e 2-ot D Date ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE McCall's Classic Construction, Inc. 945 Beachview Blvd Clarkson WA 99403 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square. Hartford, CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto 206 E 3rd, Moscow, 10 83843 as Obligee, hereinafter called the Obligee, in the sum of t _ _ Dollars($ 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Moscow Area Bus Shelters & Sidewalks 2010 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) Jul' 2010 McCall's Classic Construction, Inc. (Principal) (Seal) (Title) ( Travelers Casualty and Surety Company of America (Surety) (Seal) AlA DOCUMENT A310 e BID BOND • AlA • FEBRUARY 1970 ED. • TilE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ---PAGE BREAK--- WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERSJ POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 219685 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. Q 0 3 4 7 7 0 9 4 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Judith A. Rapp, James E. Majeskey II, and Judith C. Kaiser··Smith of the City of Spokane , State of Washington , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this _ _ day of February , 20 I 0 . State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 0 3 By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 3rd day of February 2010 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Pau! Fi.re and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Trav!ers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed tht fmcgoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In \Vitness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. "'Marie C. Tetreault. Notary Public ---PAGE BREAK--- I I I I I I I I I I I I I I I I BIDDER'S NON-COLLUSION AFFIDAVIT State of h'1, s County oU The party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other bidder, nor to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and, further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor there contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Signe* V\(l Title: Subscribed and sworn to before me this Date: l· d-1, \0 h-e THIS PAGE MUST BE COMPLETED AND RETURNED Page 6 ---PAGE BREAK--- BIDDER'S DRUG-FREE WORKPLACE AFFIDAVIT CONTRACTOR'S AFFIDAVIT CONCERNING ALCOHOL AND DRUG-FREE WORKPLACE STATEOF COUNTY OF -1 The undersigned being duly sworn upon oath, deposes and says that MCCAż c.U>6stc..É.complies (Contractor Name) with the provision of Section 72-1717 Idaho Code (Drug Free Workplace program) that ƙC-LA%ic...Cl7NƚI· provides a drug-free workplace program that complies with the provisions of (Contractor Name) Idaho Code, Title 72, Chapter I 7 and will maintain such program throughout the life of a state construction contract and that ź c..t.ASŻ tc a;,,v.shall subcontract work only to subcontractors (Contractor Name) meeting the requirements of Idaho Code, Section 72-I 717(1) Name of Contractor Address (Signature) Page 7 ---PAGE BREAK--- PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND Hartford, Connecticut 06183 Bond No.: 105457249 CONTRACTOR: (Name, legal status and address) -J lQ45 Beapnview Blvd, ģĤĥĦħĨĩĪī--Ĭĭ--------·Į OWNER: SURETY: (Name, legal status and principal place of business) eW, asu·ai'tYįİute"ıIJAlfiij·.,.,.rt"':Mc WĴ---1 t' · WM'-ain Ave, Suite 301) _j !fu>.QkƑƒƓƔƕfQJ.... tiUd ' (Name, legal status and., a_ d _ d_ - (ğĠ :2oo E. 3rd ' CONSTRUCTION CONTRACT Date: 8/17/2010 Amount:$ One Hundred Ninety Eight Thousand Eight Hundred Forty and Ninety Five Cents ($198,840.95) Description: (Name and location) :qĵĶķĸlt§¢ĹSidĺw&I.,]ĻfQ,1t()sMiYZID:a.!t! , _ _ BOND Date: 8/25/20 10 (Not earlier than Construction Contract Date) Amount: $One Hundred Ninety Eight Thousand Eight Hundred Forty and Ninety Five Cents ($198,840.95) Modifications to this Bond: I [ I None I • I See Section 16 CONTRACTOR AS PRINCIPAL Company: McCall's Classic Construction, Inc. Signature: Name and Title: (Corporate Seal) jpl:J SURETY Company: Signature: Name and Title: Travelers Casualty and Surety Company of America (Corporate Seal) (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or othe.:!!_ar0 _ • (t509R·S9 !f3:0 c= Ò = § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 ---PAGE BREAK--- .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's perfonnance. If the Owner does not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the tenus of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 ---PAGE BREAK--- § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 ---PAGE BREAK--- PAYMENT BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No.: 105457249 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) laC:tat1'50iiSsi l€"bfiS'fi4ƐtioD:Ilic. 1945 Beachview Blvd. t.fiav-:el.eƉ ro Ƈrlc'ƈa :r/.07 w. Ntain Ave, Suite 300 · Ƙ-:.ctar.ks toľA>Ŀŀ.0 3. ƌ_poJ<ƍƎl&; 22ƏQL_, _ _ OWNER: (Name, legal status and address) (City ofM:o-'ieow f406 E. 3rd CONSTRUCTION CONTRACT Date: Amount: $One Hundred Ninety Eight Thousand Eight Hundred Forty and Ninety Five Cents ($198,840.95) Description: (Name and location) qco\Ylitt . l Z!ti14Ja _ =ě ' : ,I BOND Date: P:2/ t;qrJJ,.er than Construction Contract Date) Ɗl?_Ƌ/Q.!Q Amount: $One Hundred Ninety Eight Thousand Eight Hundred Forty and Ninety Five Cents ($198,840.95) Modifications to this Bond: I X I I I See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: McCall's Classic Construction, Inc. Company: (Corporate Seal) Signatmeo / M Signatu