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HomeMy WebLinkAboutPhoenix Tank Maintenance CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 6th day of June, 1986, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and PHOENIX TANK MAINTENANCE INC. of 11222 Afton Drive , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I . SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 86-03 for painting of water towers (See Exhibit A) for Public Works Department , pursuant to Resolution #Southgate, Michigan 48195 adopted by the Common Council of the City of Oshkosh on 5th day of June, 1986 , all in accordance and in strict compliance with the Contractor's proposal and the other contract documens referred to in ARTICLE V of this contract. ARTICLE II . TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III . PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of S144,900.00 , adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on 1 a "Unit Price" basis, the above mentioned figure is an estimated for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents , employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. General Conditions 2. Advertisement for Bids 3 . Instructions to Bidders 4 . Specifications, including any addenda 5 . Plans 6. Contractor 's Proposal 7 . This Instrument In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumer- ated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- scribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its , his or their hand and seal the day and year first above written. In the Presen a offs ) ( CONTRACTOR \ 31-\ m'k-k ‘ ) k ,Tz_a PHOENIX TAN MAI ENANCE NC. 1._::__LI._ f----777-,-L,„fr--7_,7?-f- i'—' By: -1--. '-----/# ;.. ,e'-2-- !'" C r2--c 1 C"' r.``'} , I" ■__. (Seal of Contractor ►''Z := % 1 s\ c --, . if a Corporation ) Z ecify Title) 4.____ By: 4/0%.'"4/://i4 7/ (Specify Title) ? CITY OF KOSH F� " By _( 1'lk. _( C. j �, .c_ By; /,/ (Witne s) `\, Will ' am D. Frueh, City Manager ./z z i'c l ,. / e? -�Y° 1r And: ‘,./\,) , 2`1v7.�/ �� . j '' X11 '91' �` / (Wit ess) Donna C.Serwas, City Clerk i I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. k a Ay--L..i Edward A. Nokes, City Comptroller . Approv d as to rm Li , C- 1-10., , Warren P. Kraft Asst, ity Attorney 3 EXHIBIT A Alt. 1 - Exterior repaint (Aliphatic Polyurethane) $ 78 , 400. 00 Interior Paint Repairs , 500 sq. ft. , $4 . 00/sq. ft. 2 , 000. 00 Mud valve 2 , 000. 00 Overflow pipe 8, 000. 00 Fill pipe extension & deflection plate 1, 500. 00 Logo 3, 000 . 00 Lettering 3 , 000 . 00 Fall prevention device 5 , 000 . 00 Interior repaint 42, 000. 00 Total $144, 900. 00 a 1 V �1 i sly ';. Aida .0 Ti ''Rl _ X14 4 , T . _ 7-10-86 Ps' =L!CEF H;s C:E_N.i! CA rE ?SSUE'S AS A mot,TT ER -C F 3NFORMA'NON ONLY AND CONFERS x. iiiON,'„UPON THE CERT'FSCA.TE.HOLDER_. T-IIS CERTIFICATE DOES NOT AMEND, 3 ;?F Ai_r[62 HE C_ThERAGIE AFFORDED BY THE POLICIES BELOW. Modern Insurance Agency, Inc. , ,.., 5915 Lilley Road COMPANIES AFFORDING COVERAGE Canton, MI 48187 ' ' COv4PA.NY A LETTER Fireman's Fund —— ------ --- - _: COMP AN r INSURED LET r ,_._- Michigan Mutua --- COMPANY I Phoenix Tank Maintenance, Inc. `� `' Liberty Mutual 11222 Afton COMPANY I� �t-j 4 1986 Southgate, Mi 48195 LETTER AN Hirt'_ L RK C;�N-F ANY ' LETTER OSQ,T C e a° COVERAG S THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE-OD INDICATED. - ��+ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI- ' 'IONS OF SUCH POLICIES. 1 i ARIL T r: N THOUSANDS Cr LTR TYPE OF 1��5UN.AP�" t RG C '3i1ti�8ER U'L vv.as• ! k Airs DJ ' i E — —— -I--- 1. AGGREGATE GENERAL LIABILITY $ !BC{ r' —�1 •$ A ICOMPRIhENSi vC DIP, ' ' 6 PREMISE ,%°PER-TION� � ROPER'v . — ENDEG OUNC I e•AvAGE 1$ $ L� EXPO OWN OL A SE HAZARD ? —i — PRf HJ S COMNL ED- OPERA IONC �B: U It 1'.. .■ 1 CON TRAI AL t 'j C M NED INDEPENDENT CONTRACTORS BROAD FORM PROPERT`i SAM GE ` PERSONAL 11JUR'{ PERSONAL ILLJUR'Y !$ L--- _-_-- __.__- A — n — UTOMOBILE LIABILITY NJ • � i ANY AJ u ,p FR 15 4; � $ 500 . I 1 I AL )W uED AUTOS(PRIV PASS B ` B� /OTHER THAi I r ALL OWNED AUTOS A $ 500 PRIV PASS {HIRED AUTOS Yt�J�ER?Y— j NON-AWNED AUTOS ;'DAMAGE $ 500 L GARAGE LIABILITY Big PD -- I $ IX I schPdu 1 ed MA_43-071086 7-10-86__ _7-10°87 COMBINED EXCESS LIABILITY ` —_—_----_---- \l l - COMBINED I Bi&PD $2,000 1$2,000 A XLB1784647 7-10=86 6-12 87 X i OTHER THAN U^ri5nELEA rORM -�— --------- -'- - --i—-------- ----- I STATUTORY • WORKERS` COMPENSATION j I I $ 100 FgGH ACCIDENT` C i AND WC1 341 038959-016 5-22-86 5-22-87 $ 100 IDSEASE-POLICY LIMIT) EMPLOYERS' LIABILITY - - -- -"j 1$ 100 DISEASE EACH EMr,:°YEEI. OTHER ---- , DESCRIPTION OF OPERATION S/LOCATIONSNEHICLES'SPECIAL ITEMS Certificate Holder is additional named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE:FORE THE EX- City of Oshkosh PIRATIOFJ -PATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ,jU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 215 Church AVe. LEFT,BUT •ILURE TOM• L SUCH N 0 TIC SHALL I -•SE NO OBLIGATION OR LIABILITY ,. Oshkosh, WI 53916 OF ANY KIN■ UPON TH=[OMP•N ' IT•I.GENT'. ." REPRESENTATIVES. ATTN: Donna Serwas AUTHOR' . R'.•RESENT :,;', - III ' atilt; .4:al- - -4 , , ACORD 25(8184) © IIR/ACORD COR•ORATION 1984` - ❑ NATIONAL INDEMNITY COMPANY ❑ NATIONAL FIRE at MARINE INSURANCE COMPANY ❑ COLUMBIA INSURANCE COMPANY ❑ NATIONAL INDEMNITY COMPANY OF FLORIDA CERTIFICATE OF INSURANCE ❑ NATIONAL INDEMNITY COMPANY OF MINNESOTA 3024 Harney Street Omaha, Nebraska 68131-3580 This certificate of insurance is NOT an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.Notwith- standing any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain;the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Date 7-10-86 NAME OF INSURED Phoenix Tank Maintenance, Inc. P.O.ADDRESS 11222 Afton, Southgate, MI 48195 POLICY NUMBER KIND OF INSURANCE LIMITS FFECTIVE EXPIRES GENERAL LIABILITY a Comprehensive Bodily Injury: LE a Premises—Operation Each Occurrence $ ❑ Explosion and Collapse Aggregate $ JUL } p Hazard Property Damage 1 !J 19vti ❑ Underground Hazard Each Occurrence $ Clt a Products/Completed Aggregate $ °41/1 CLe Operations Hazard Bodily Injury and Property Damage 8H, (N/s, a Contractual Insurance Combined Single Limit GLA248336 C3a Broad Form Property Each Occurrence $ 1,000,000 7-9-86 6-12-87 Damage Aggregate $ ❑ Owners or Contractors Protective ❑ Personal Injury Automobile Liability: Bodily Injury Each Person $ Each Occurrence $ Property Damage Each Occurrence $ Bodily Injury and Property Damage Combined Single Limit .$ Excess Liability: ❑Automobile ❑General Liability Name of Primary Insurer: Primary Limits: $ Excess Limits: $ Workmen's Compensation $ Statutory Limits Employer's Liability $ Other DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES In the event of any material change in or cancellation of said policies,the COMPANY intends to notify the party to whom this Certificate is addressed of such change or cancellation,but undertakes no responsibility by reason of any failure to do so. Certificate holder is additional named insured This Certificate issued to: \ - City of Oshkosh 1 215 Church Ave. By 1 Oshkosh, WI 53916 Title 'R�?SIDi<.ti:"T M-100912/82) NOTE TO AGENT—Mail Copy to Home Office Immediately. Q Y �r row ' ,�• l State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES } t" Carroll D. Besadny c,t ir.: .i Secretary BOX 7921 MADISON,WISCONSIN 53707 July 2, 1986 f' I1 D IN REPLY REFER TO: 86-584 JUL 111986 Ms . Donna C. Serwas City Clerk CITY CLERK P.O. Box 1130 OSHKOSH. WIS. Oshkosh , WI 54902 Dear Ms . Serwas : The Division of Environmental Standards has reviewed specifications for elevated tank painting and repairs at Oshkosh, Wisconsin, submitted under the seal of William J . Dixon , Professional Engineer, Dixon Engineering, Inc. , Cadillac , Michigan, and received for approval on May 19, 1986. The work at the 750,000 gallon tank will consist of the following: a new cathodic protection system, exterior repainting, a mud valve, fill pipe extension, extending the overflow pipe to ground level , and a fall prevention device. A splash pad must be provided for the new overflow pipe. Also, some areas on the interior of the tank will be repainted. The 1 ,250,000 gallon tank will receive an interior repaint and a fall prevention device. The interiors of the tanks will be painted with one of the following paint systems : Tnemec Pota-Pox Series 20, Mobil 78 Series , Sherwin-Williams Hi Solids Catalyzed Epoxy Series E102, or Cook Paint & Varnish Epoxy Series 920-W-965. The specifications are hereby approved in accordance with Section 144.04, Statutes , as attested by affixing on the specifications, the stamp of approval , Number 86-584, subject to the following conditions . 1 . That a concrete splash pad be provided for the extended overflow pipe. 2. That the waterworks improvements be thoroughly disinfected and not be placed in service until bacteriologically safe samples have been obtained in accordance with NR 111 .23(3) , Wisconsin Administrative Code. 3. That a competent resident inspector be provided during the course of construction. Ms . Donna C. Serwas - July 2, 1986 2. 4. That the improvements be installed in accordance with the specifications , and the above conditions , or subsequent essential and approved modifications . These specifications have been reviewed in accordance with Section 144.04, Wisconsin Statutes , for compliance with Chapters NR 108, NR 110 and NR 111 , Wisconsin Administrative Code, (or any other applicable section of the Wisconsin Administrative Code or Statutes which may be specifically referenced in the conditions above) . This letter should not be construed as an approval for activities requiring approval under other Statutes or by other federal , state or local agencies . The Division reserves the right to order changes or additions should conditions arise making this necessary. If you believe that you have a right to challenge this decision, you should know that Wisconsin Statutes and Administrative Codes establish time periods within which requests to review Department decisions must be filed. For judicial review of a decision pursuant to ss . 227.52* and 227.53* , Stats. , or administrative review pursuant to s . 227 .42*, Stats . , you have 30 days after service of the decision to file your petition for review. The respondent in an action for judicial or administrative review is the Department of Natural Resources . You may wish to seek legal counsel to determine if the above time periods apply to this decision. This notice is provided pursuant to s . 227.48(2)* , Stats. *This citation has been renumbered as the result of 1985 Wisconsin Act 182 published April 21 , 1986. In case installation of these improvements has not commenced within two years from date, this approval shall become void. After two years , therefore, new application must be made for approval of these or other specifications before any construction work is undertaken. As authorized by L. F. Wible, Administrator, Division of Environmental Standards . Robert A. Baumeister, P.E. , Chief Public Water Supply Section Bureau of Water Supply RAB:LL:jk:4911U cc: Engineer Lake Michigan District Water Supt. DILHR Reviewer STATE OF WISCONSIN ) 5S. AFFIDAVIT OF MAILING COUNTY OF DANE ) I, Barbara Sosinsky , being first duly sworn on oath, depose and say as follows: That I am employed by the State of Wisconsin Department of Natural Resources in the capacity of Program/Clerical Assistant. That on July 9, 1986 , I mailed a copy of the attached Plan Approval 86-584 for Oshkosh to the following address: Ms. Donna C. Serwas cc: Dixon Engineering, Inc. City Clerk Water Supt. P.O. Box 1130 Oshkosh, WI 54902 That I enclosed said approval in a securely sealed envelope addressed as stated above, and placed in the U.S. Mail at my proper business office in the City of Madison, Wisconsin. IP - Sub$cr „Aid` born to before me thi , da\yt ,o , 19_ Notary c Publ , State of Wisconsin My commission (expires)-(40- E. ad.„ii•S? , N°- 1473 4 DETROIT, MICHIGAN 48203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the CADILLAC INSURANCE COMPANY, a corporation of the State of MICHIGAN, having its principal office in the City of Detroit, Michigan, pursuant to authority granted by a resolution of its Board of Directors, which reads as follows: The President, the Vice President,or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact as the business of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment;" does hereby nominate,constitute and appoint ERNEST M. SOLOMON, SANFORD L.WOLOK, AND KATHRYN M.STAFFORD, ALL OF DETROIT, MICHIGAN, its true and lawful Attorney-in-Fact, to make,execute, seal and deliver for and on its behalf, as Surety, and as its act and deed. Any and all bonds in an amount not exceeding $250,000.00 in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, and to bind CADILLAC INSURANCE COMPANY, thereby__and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, CADILLAC INSURANCE COMPANY of Detroit, Michigan, has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this l6thday of 1 July , 19 86 . CAD L INSU ANCt COMPANY ERNES M. SOLOMON,PRESIDENT STATE OF MICHIGAN, COUNTY OF WAYNE On this l6thday of July , A.D., 19 86, personally came before me ERNEST M. SOLOMON, to me known to be the individual and officer of the CADILLAC INSURANCE COMPANY of Detroit, Michigan, who executed the above instrument, and acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that he is the said officer of the corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officer were duly affixed a d subsclri ed to tl,said instrument by the authority of the Board of Directors of said Corporation. t a I 1 ii t ,Notary P iHRYN m.STARORD No ary Public—Macomo Co My Comm.Expires: 5-27-87 Commission Expires: I,the undersigned,Secretary of the CADI LLAC INSURANCE COMPANY of Detroit, Michigan, a Michigan corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the provisions of the By-Laws of the company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force. Signed and sealed at the City of DETROIT this l6 y of /July 19_ 86 (SEAL) STEPHANIE SOLOMON,SECRETAR PA-0(11-84) '-'- F./ '�/2dGUYfI/Z CPi DETROIT, MICHIGAN 48203 - ' Bond # 2552-1473 _ Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Phoenix Tank Maintenance, Inc. (Here insert full name and address or legal title of Contractor) 11222 Afton Southgate, MI 48195 CADILLAC INSURANCE COMPANY as Principal, hereinafter called Contractor, and 17800 Woodward Avenue Detroit, Michigan 48203 as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshtosk, Wisconsin (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Forty Four Thousand Nine Hundred and 00/100 Dollars ($ 144,900.00. ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Phoenix Tank Maintenance, Inc. Contractor has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name,address and description of project) Paint Two Water Tanks. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. PER. BD.-2 (11-84) PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void;otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner to be including other costs and damages for which the Surety in default under the Contract, the Owner having performed may be liable hereunder, the amount set forth in the first Owner's obligations thereunder, the Surety may promptly paragraph hereof. The term "balance of the contract price," remedy the default, or shall promptly as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and 1) Complete the Contract in accordance with its terms and any amendment thereto, less the amount properly paid by conditions, or Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the accordance with its terms and conditions, and upon expiration of ninety (90) days from the date on which final determination by Surety of the lowest responsible bidder, payment under the Contract falls due. arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the No right of action shall accrue on this bond to or for the contract or contracts of completion arranged under this use of any person or corporation other than the Owner paragraph) sufficient funds to pay the cost of completion named herein or the heirs, executors, administrators or less the balance of the contract price; but not exceeding, successors of the Owner. Any Modification or Change Order shall not exceed ten percent of the original contract price without first obtaining the Surety's approval. If a Labor and Material Payment Bond is issued in conjunction with this Bond by the Surety, the Surety's limit of liability on both bonds combined shall not exceed the amount of this Bond. Signed and sealed this 16th day of July 19 86. ../1 Phoenix Tank Maintenance, Inc. ...------/-/---....,,H,' ( (Principal) (Seal) J1 (Witnessr f ; /?/ 'et' '-- _I L (TWO CADILLAC INSU• • ' - COMPANY _ ,,��'' Surety Seal) (Witness) r.- fille torney-in act) Sanford PER. BD.-2 (11-84) C'bti� T DETROIT, MICHIGAN 48203 Bond # 2552-1473 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Phoenix Tank Maintenance, Inc. (Here insert full name and address or legal title of Contractor) 11222 AFton Southgate, MI 48195 CADILLAC INSURANCE COMPANY as Principal, hereinafter called Principal, and 17800 Woodward Avenue Detroit, Michigan 48203 as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshtosk, Wisconsin (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Forty Four Thousand Nine Hundred .nd, 00// 00 -- o ars 1 144,900.0() j, (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Phoenix Tank Maintenance, Inc. Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name,address and description of project) Paint Two Water Tanks. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. LMP.BD.-3 (11-84) LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract performed. Such notice shall be served by mailing the same with the Principal, for labor, material, or both, used in the by registered mail or certified mail, postage prepaid, in an performance of the Contract; labor and material does not envelope addressed to the Surety, at any place where an include water, gas, power, light, heat, oil, gasoline, office is regularly maintained for the transaction of telephone service or rental of equipment directly applicable business, or served in any manner in which legal process to the Contract. may be served in the state in which the aforesaid project is located, save that such notice need not be made by a public 2. The above named Principal and Surety hereby jointly officer. and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the b) After the expiration of ninety (90) days following the expiration of a period of ninety (90) days after the date on date on which Principal ceased Work on said Contract, it which the last of such claimant's work or labor was done or being understood, however, that if any limitation embodied performed, or materials were furnished by such claimant, in this bond is prohibited by any law controlling the may sue on this bond for the use of such claimant, construction hereof such limitation shall be deemed to be prosecute the suit to final judgment for such sum or sums amended so as to be equal to the minimum period of as may be justly due claimant, and have execution thereon. limitation permitted by such law. The Owner shall not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the 3. No suit or action shall be commenced hereunder by any state in which the Project, or any part thereof, is situated, claimant: or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not a) Unless claimant, having a direct contract with the elsewhere. Principal, shall have given written notice to the Surety above named, within ninety (90) days after such claimant 4. The amount of this bond shall be reduced by and to the did or performed the last of the work or labor, or furnished extent of any payment or payments made in good faith the last of the materials for which said claim is made, hereunder, inclusive of the payment by Surety of stating with substantial accuracy the amount claimed and mechanics' liens which may be filed of record against said the name of the party to whom the materials were improvement, whether or not claim for the amount of such furnished, or for whom the work or labor was done or lien be presented under and against this bond. Any Modification or Change Order shall not exceed ten percent of the original contract price without first obtaining the Surety's approval. The Surety's combined limit of liability on this Bond and the associated Performance Bond shall not exceed the amount of the Performance Bond. Signed and sealed this 16L day of July 19 86 . Phoenix Tank Maintenance, Inc. (Principal) (Seal) s7r- (Witn (�� �(( (Title) �'lllxl/=C DICE C1"" — _. I (Seal) (Witness � — ttorney - Sanford 4111.111111171X LMP. BD.-3 (11-84)