2015-118 AMS - Muter Construction LLC for Cedar Grove Community Center Roof Replacement

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Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the,Contractor's subcontractors,and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 1SA Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 1S.3 Owner Default:Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay fhe Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 1.Amend parvgmphs 4.1 and 4.2.3 dealing with notice to the suety by adding at the ena of each paragraph"and furnished to surety an explanation of the claim and copies of documents on which the Claimant relies to support the claim." 2.Amend paragraph 5 by changing"or"to"and"so it reads: 5.If a notice required by paragraph 4 is given by the Owner to the Contractor and to the Surety,that is sufficient compliance. 3. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6.When the Claimant has satisfied the conditions of paragraph 4 and has submitted any additional supporting documentation,and any sworn proof of claim,requested by the Surety,the Surety shall,within a reasonable period of time,which shall not be less than 45 days,respond to the Claimant and offer to pay or arrange for payment of any undisputed amount;provided,however,that the failure of the Surety to fully and/or timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or part of a claim shall not be deemed an admission of liability by the Surety or otherwise constitute a waiver of any rights or defenses the Contractor and/or Surety may have-or acquire as to such claim,including,without limitation,any right to dispute such claim. In no event shall the Surety's liability to any Claimant under this Bond exceed the sum properly due such claimant. (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: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT A372•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1981 ED.•AIA is THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING-MARCH 1907