Performance Bond 7901070712 - Champaign County, Illinois

Transcription

aAIA Document A312 20107901070712Performance BondSURETY:(Name, legal status and principal placeofbusiness)CONTRACTOR:(Name, legal status and address)Commeldal floor Covering, Inc.dba TSI Commercial FIOOr Covering3611 N, Slilley Roa !Olampalgn, IL 61822Na onwkle Mutual Insurance CompanyOne West Nationwide lllvd.FRAP SolutionsColumbus, OH 43215OWNER:(Name, legal sta/1,s and address)modification.Champaign County1776Any singular reference toContractor, Surety, Owner orother party shall be consideredplural where applicable.e. Washington StreetUrbana, IL 61802CONSTRUCTION CONTRACTDate: April 20, 2022Amount: Thirty-Nine Thousand Three Hundred and 00/10039,300.00( Description:(Name and location)This documenl has importanl legalc;onsequences. Consultation withan attorney is encouraged withrespecl lo its complalion orChampaign County - Circuit Clerk Office Carpet Replacement, 101 e. Main Street,Urbana, ILAIA Document A312-2010combines two i;eparale bonds, aPerformance Bond and aPaymenl Bone!, inlo one fonn.This Is not a slnole combinedPerformance and Paymenl Bond.BONDDate: April 25. 2022(Not earlier than Construction Comract Date)Amount:Thirty-Nine Thousand Three Hundred and 00/100( Modifications lo this Bond:Kl None39,300.00D See Section I 6CONTRACTOR AS PRINCIPALSURETVCompany:(Corpuratlf Seal) Company:Commercial Floor Coverin!I, I dba TSI Commerciel F v@tio19(FOR INFORMA T!ON ONLY - Name, address and telephone)AGENT or BROKER:OWNER'S REPRESENTATIVE:(Arcliitect, Engin er nr other party;)Smith Manus2307 River Road, Suite 2aoLouisville, KY 40206(800) 235-934711\lt.AIA Document A312"' -2010. The Amercan lnstlula of An:hijoa,110

§ 1 The Contractor and Surety,joinlly and severally, bind themselves, their heirs, executors, administrators, successorsand assigns to the Owner for the perfonnance of the Construction Contract, which is mcorporated herein by reference.§ 2 If the Contractor perfonns the Construction Contract, the Surety and the Contractor shall have no obligation underthis 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 ariseafter.1the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaringa Contractor Default. Such notice shall indicate whether the Owner is requesting a conference amongthe Owner, Contractor and Surety to discuss the Contractor's perfonnance. If the Owner does notrequest a conference, the Surety may, within five (5) business days alter receipt ofthe Owner's notice,request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unlessthe 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 theSurety 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 10 declare a ContractorDefault;.2the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;and.3the Owner has agreed to pay the Balance ofthe Contract Price in accordance with the terms oftheConstruction 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 failureto comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except tothe extent the Surety demonstrates actual prejudice.§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's eKpensctake one ofthe following actions:§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perfonn and complete the Construction Contract;§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independentcontractors;§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract forperformance and completion of the Construction Contract, arrange for a contract to be prepared for execution by theOwner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bondsexecuted by a qualified surety equivalent 10 the bonds issued on the Construction Contract, and pay to the Owner theamount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner asa result of the Contraclor Default; or§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonablepromptness under the circumstances:.1A fier investigation, dctennine the amounl for which it may be liable to the Owner and, as soon aspracticable after the amount is detennined, make payment to the Owner; or.2Deny liability in whole or in part and notify the Owner, citing lhe reasons for denial.§ 6 If the Surety docs not proceed as provided in Section S with reasonable promptness, the Surety shall be deemed tobe in default on th is Bond seven days after receipt of an additional written notice from the Owner to the Suretydemanding that the Surety perform its obligations under this Bond, and rhe Owner shall be entitled to enforce anyremedy available to the Owner. If the Surety proceeds as provided in Section S.4, and the Owner refuses the paymentor the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce anyremedy available to the Owner.lnlLA.IA Document Al12 ,M -2010. The Amertcan 1111tnute of An:hlte :ls.2

§ 7 lfthe Surety elects to act under Section 5.1, S.2 or S.3, then the responsibilities of the Surety to the Owner shall notbe greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to theSurety shall not be greater than those of die Owner under the Construction Contract. Subject lo the commitment by theOwner lo 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 theConstruction Contract;.2additional legal, design professional and delay costs resulting from the Contractor' s Default, andresulting from the actions or failure to act of lhc Surety under Section S; and.3liquidated damages, or if no liquidated damages arc specified in the Construction Contract, actualdamages caused by delayed performance or non-performance of the Contractor.§ Blfthe Surety elects to act under Section S. I, 5.3 or 5.4, the Surety's liability is limited ro 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 theConstruction Contract, and the Balance oflhc Contract Price shall not be reduced or set off on account of any suchunrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or itsheirs, executors, administrators, successors and assigns§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or torelated subcontracts, purchase orders and other obligations.§ 11 Any procccdrng, legal or equitable, under tlus Bond may be instituted in any court ofcompctentjurisdic1ion inthe location in which the work or part of the work is located and shall be instituted within two years after a declarationof Contractor Default or within two years after the Contractor ceased working or within two years after the Suretyrefuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraphare void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdicti.on ofthe suit shall be applicable.§ 12 Notice to the Surety, I.he Owner or the Contractor shall be mailed or delivered to the address shown on the pageon which their signature appears.§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location wherethe construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirementshall be deemed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall bedeemed incorporated herein. When 0 furnished, the intent is that this Bond shall be construed as a statu1ory bond andnot as a common law bond.§ 1-4 Definitions§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the ConstructionContract after all proper adjuslments have been made, including allowance lo the Contractor of any amounts receivedor to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor isentitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the ConstructionCon1rac1.§ 14.2 Construction Contract. The agreement between the Owner and Contractor idcntrfied on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents.§ 14.3 Conlractor Default. Failure of the Contractor, which has not been remedied or waivtd, to ptrform or otherwise tocomply 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 requiredunder the Construction Contract or to perform and complete or comply with the other material terms of theConstruction Contract.§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.§ 15 lfthis Bond rs issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bondshall be deemed to be Subcontractor and the term Owner shall ile deemed to be Contractor.AIA Documitnl A312"' -2010. The Amelican II\Slilule ol Archilects.3

§ 16 Modifications to this bond arc: as follows:(Space is provided below for additional signatures ofadded parries, other than those appearing on the cover page.)CONTRACTOR AS PRINCIPALCompany:(Corporate Seal)SURETYCompany:Signature:Signanue:Name and Title: NameandTitJe:AddresslnltAddress(Corporate Seal)hQf!&A1J'iJC.Ou .c (f:7. .·. ( 71{p r.,.e., .,1 . Y1-,.,?P'2"' 5'-r-.1rt ft I/JO .(./AIA Doc;ument A312,. - 2010. Tile American lnstilule of ArchKects.4

-Al.A Document A312 - 2010Payment Bond7901070712CONTRACTOR:(Name, legal s1at11s and address)Commercial Floor Covering, Inc.dba TS! Commercial floor Covering36ll N, Staley RoadChampaign, ll 61822SURETY:(Name, legal status and principal placeu/business)Natll)Ollwide Mutual Insurance 0:JmpanyOne West Nationwide Blvd.FRAP SolutionsCol1,mb\lS, OH 43215OWNER:(Name, legal s1a111s tmd address)Any singular reference toContractor, Surety, Owner orothar party shall be consideredplural where applicable.Champaign County1776 Washington StreetUrbana, IL 61802e.CONSTRUCTION CONTRACTDate: Apnl 20, 2022Amount: Thirty-Nine Thousand Three Hundred and 00/100U 39,300-.00Description:(Name and location)This document has important legalconsequences. Consultation wilhan attorney is encouraged withrespect lo its completion ormodification.AIA Document A312-2010C Jmbines lwO separale bonds, aPerformance Bond and aPayment Bond, into one form.This ts not a single combinedPerformance and Payment Bond .Champaign county Orcuit Cieri Orfice C-arpet Replacement, 101 e. Main Street,Urbana, ILBONODate: April 2s, 2022(Not earlier than Co11stn,ction Contract Date)Amount: Thirty-Nine Thousand Three Hundred and 00/ 100Modifications to this Bond:l:il NoneCONTRACTOR AS PRINCIPALCompany:(Corporate Seal)u Juno.oo See Section 18SURETYCompany:(FOR INFORMATION ONLY - Namt!, address and telephone)AGENT or BROKER:OWNER'S REPRESENTATIVE:(Architect, Engineer or uther party:)Smith Manus2307 River Road, Suite 2ll0Louisville, KY 40206(800) 235 9347AlA Documtnl A312,. -2010. The Amencan lnWMe of Archnecls.OIIIIO5

§ 1 The Contractor and Surety.jointly and severally, bind themselves, their heirs, executors. administrators, successorsand assigns to the Owner to pa · for labor, materials and equipment furnished for use in the performance of theConstruction Contract, which is incorporated herein by reference, subject to the following terms.§ 2 lftlte Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holdsharmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materialsor equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractorshall have no obligation under this Bond.§ 3 lfthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Rondshall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seekmg paymentfor labor, materials or equipment furnished for use in the performance of the ConstruCtion Contract and tendereddefense of such claims, demands, liens or suits to the Contractor and the Surety.§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expensedefend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.§ 5 The Surety's obligations to a Claimant under this Bond shall arise after lhe following:§ 5.1 Claimants, who do not have a direct contract with the Contractor,.1.2have rurnishe l a written notice of non-payment to the Contractor, stating with substantial accuracy theamount claimed and the name of the party to whom the materials were, or equ1pmenl was, furn ished orsupplied or for whom the labor was done or performed, within ninety (90) days after having laslperformed labor or last furnished materials or equipment included in the Claim; andhave sent a Claim to the Surely (al lhe address described in Section 13).§ 5.2 Claimants, who arc employed by or have a direct contract with the Co111ractor, have sent a Claim to the Surety (atthe address described in Section 13)§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient tusatisfy a Claimant's obligation to furnish a writlen notice of non-payment under Section 5. 1.1 .§ 7 When a Claimant has satisfied the conditions ofScctions S. I or 5.2, whichever is applicable, lhe Surety shellpromptly and at the Surety's expense rake the following actions:§ 1.1 Send an answer lo the Claimant, with a copy 10 the Owner, within sixty (60) days after receipt of the Claim.slating the amounts thal arc w1disputed and the basis for challenging any amounts that are disputed; and§ 7.2 Pay or arrange for payment of any undisputed amounts.§ 7.3 TheSurety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed toconstitute a waiver of defenses the Surety or Conrractor may have or acquire as to a Claim, except as to undisputedamounts for which lhe Surety and Claimant have reached agreement. If, however, the Surely fails to discharge: itsobligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney'sfees the Cloimont incurs thereafter to recover any sums found lo be due and owing to the Claimant.§ 8 The Surety's total ubligat[on shall nor exceed the amount of this Bond, plus the amount of reasonable attorney'sfees provided under Section 7.3, and the amount of this Bond shall be credited for any paymcnis made in good faithby the Surety§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfonn3nceof the C.onstru'-1ion Contract and to satisfy claims, if any, under any construction perfonnance bond. By lhcContractor furnishing and the Owner accepting this Bond, they ;igree that all funds earned by the Contractor in du:performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under thi Bond, subject to the Owner's priorfty to use the funds for the completion oflhc work.lnlt.AIA Document A312'" -2010. Tr1e Ame,tcen ln51lute or A,chlects.6

10 The Surely shall not be liable to lhe Owner, Cla[mants or others for obligations of the Contractor that areunrelated to the Construction Contract, The Owner shall 1101 be liable for the payment of any costs or expenses of anyClaimant under this Bond, and shall have under this Bond no obligation to make payments lo, or give notice on behalfof. Claimants or otherwise have any obligations to Claimants under this Bond.§§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or torelated subcontracts, purchase orders and other obligations.§ 12 No suit or action shall be commenced by a Claimru1t under this Bond other than in a court of competentjurisdiction in the state in which the project that is the subject of the Construction Contract is located or after theexpiration of one year from the date (I ) on which the Claimant sent a Claim to the Surety pursuant toSection 5. 1.2 or S.2, or (2) on which the last labor or service was performed by anyone or the last materials orequipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If theprovisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as adefense in the jurisdiction of the suit shall be applicable.§ 13 Notice and Claims lo the Surety, the Owner or the Contractor shall be mailed or delivered to the address shownon the page on which their signature appears. Actual receipt of notice or Claims. however accomplished, shall besufficient compliance as of the date received.§ 14 When this Bond has been fumished to comply with a statutory or other legal requirement in the location wherethe construction was tu be performed, any provision in this Bond conflicting with said stanitory or legal requirementshall be deemed deleted hcrefrom and provisions confonmng to such statutory or other legal requirement shall bedeemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond andnot as a common law bond.§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor andOwner shall promptly furnish a copy of this Bond or shall permit a copy 10 be made.§ 16 Definitions§ 16.1 Claim. A written statement by the Claimant including at a minimum:.1.2.l.4.5.6.7.8the name of the Clai man!;the name ofthe person for whom the labor was done, or materials or equipment furnished;a copy of the agreement or purchase order pursuant to which labor, materials or equipment wasfurnished for use in the perfonnance of the Construction Contract;a brief description of the labor, materials or equipment furnished:the date on which the Claimant last performed labor or last furnished materials or equipment for use inthe performance of the Construction Contracl;the total amount earned by the Claimant for labor, materials or equipment furnished as of the date ofthe Claim;the 1otal amount of previous paymenlS received by the Claimant; andthe 101al amount due and unpaid 10 the Claimant for labor, materials or equipment furnished as of thedate of the Clailll,§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of theContractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The termClaimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lienor similar statute against the real property upon which the Project is located. The intenl oflhis Bond shall be loinclude wilhout timilation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,gasoline, telephone service or rental equipment used in thi: Construction Contract, architectural and engineeringservices required for performance of the work of the Contractor and the Contractor's subcontractors, and all otheritems for which a mechanic's lien may be: asserted in the jurisdiction where the labor, materials or equipmen1 werefurnished.§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover p.ige,including all Contract Documents and all changes made to the agreement and the Contract Documenls.Inn.AJA Document AJ12'" - 2010. n,., Ame can lnst ute or Arch;tecl.s.7

§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor 115 requiredunder the Construction Contract or to perfonn and complete or comply with the other material tenns of theConstruction Contract.§ 16.S Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.§ 17 lfthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bondshall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.§ 18 Modifications to this bond arc as follows:{Spu,·e is pro vided below for additio11al signal/Ires oft1dded parties, other than those appearing 011 the cover page)CONTRACTOR AS PRINCIPALCompany:(Corporate Seal)Signature:Name and Title:Addresslftlt.SURETYCompany.(Corporate Seal)Signature:Name and Title:AddressAIA Documenl A312'" -2010. The American tnsl ut of An;Ntects.8

Power of AttorneyKNOW ALL MEN BY THESE PRESENTS THAT:Nationwide Mutual Insurance Company, an Ohio corporationhereinafter referred to severally as the company and collectively as "the Companies" does hereby make, constitute and appoint:BROOK T SMITH; DEBORAH S NEICHTER; JAMES H MARTIN; JAMES T SMITH; JASON D CROMWELL; MICHELE D LACROSSE; RAYMOND MHUNDLEY;each in their Individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds andundertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum ofUNLIMITEDand to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all actsof said Attorney pursuant to the authorUy given are hereby ratified and confirmed.This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,recognizances, transfers. contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and otherwritings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment orauthority: provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign anyof said documents on behalf of the Company.*"RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind theCompany subject to the terms and 1.mltaijons of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, thatsaid seal shall not be necessary for the validity of any such documents."This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest allapproved documents, instruments, c ontracts. or other papers in connection with the operation of the business of the company in addition to the chairman ofthe board, the chief executive officer, president, treasurer or secretary; provided. however, the signature of any of them may be printed, engraved, orstamped on any approved document, contract, instrument, or other papers of the Company.IN WITNESS WHEREOF, the Company has caused this instrument to be seated and duly attested by the signature of its officer the 20th day of August, 2021.Antonio C. Albanese, Vice President of Nationwide Mutual Insurance CompanyACKNOWLEDGMENTSTATE OF NEW YORK COUNTY OF NEW YORK: ssOn this 20th day of August, 2021 , before me came the above-named officer for the Companyaforesaid, to me personally known to be the officer described in and who executed the precedmginstrument, and he acknowledged the execution of the same, and being by me dulysworn, deposes and says, that he Is the officer of the Company aforesaid, that the seal affixedhereto is the corporate seal of said Company, and the said corporate seal and his signature wereduty affixed and subscribed to said instrument by the authority and direction of said Company.Slephanie Rubino McArthurNolary Public. s1a1e of New YorkNo. 02MC6270117Qualified in New York CountyCommission Exoires October 19 2024Notary PublicMy m1-ss"1JO Explrasr19.2024CERTIFICATEI, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issuedby the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same hasnot been revoked or amended in any manner: that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly electedofficer of the Company. and the corporate seal and his signat1.1rt ,,s officer were duly affixed and subscribed to the said instrument by the authority of said boardof directors; and the foregoing power of attorney is still in ful! tc rc':l :md e.ficct.IN WHEREOF, t have hereunto subscribed m'/ m,;ne as Assist.mt Secretary, and affixed the corporate seal of said Company this --., ,-.-- -.ao;s.ct i3- 6-v'd-Assistant SecretaryBDJ 1(08-21 )00ay of

§ 15 lfthis Bond rs 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 ile deemed to be Contractor. AIA Documitnl A312"' -2010. The Amelican II\Slilule ol Archilects. 3 §