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Home My WebLink AboutAR Performance Bond- Public Works Facilitya Bond No. 4510354 ARKANSAS PERFORMANCE BOND AND PAYMENT BOND We Cx S Contracting. LLC DBA M & A Jones Construction. 1530 Batesville Blvd.. Batesville. AK 72501 hereinafter referred to as Principal, and Great American Insurance Company hereinafter referred to as Surety, are held and firmly bound unto City of Batesville. Arkansas 500 E. Main. Batesville. AR 72501 , as obligee, hereinafter referred to as Owner, in the initial Contract amount of $ 5,110,018.00 , said amount to be deemed a performance bond payable to Owner under the terms of this Performance and Payment Bond Agreement. The Principal and Surety state that the Surety is a solvent corporate surety company authorized to do business in the State of Arkansas. Principal has by written agreement dated OP /0A-,' /9 , )0 2 Z entered into a capital improvement contract (Contract) with the Owner for: Batesville Public Works Facility, Batesville, Arkansas The above referenced Contract is incorporated herein by reference. Under this Performance and Payment Bond Agreement, the Principal and Surety shall be responsible for the following: a. The Principal shall faithfully perform the above referenced Contract, which is incorporated herein by reference and shall pay all indebtedness for labor and materials furnished or performed under the Contract. b. In the event that the Principal fails to perform the Contract, the Principal and the Surety, jointly and severally, shall indemnify and save harmless the Owner from all cost and damage which the Owner may suffer by reason of Principal's failure to perform the Contract. Said indemnification shall include, but not be limited to, full reimbursement and repayment to the Owner for all outlays and expenses which the Owner may incur in making good any such default or failure to perform the Contract by the Principal. c. Principal shall pay all persons all indebtedness for labor or material furnished or performed under the Contract and in doing so this obligation shall be null and void. In the event that Principal fails to pay for such indebtedness, such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority. d. Principal shall guarantee the faithful performance of the prevailing hourly wage clause as provided in the Contract. Rev 1-16-03 PERFORMANCE AND PAYMENT BOND 00614- 1 This bond is given in accordance with Arkansas laws and regulations, including Ark. Code Ann. § 18-44-503, §19-4-1405, and § 22-9-401 et seq. The Surety guarantees that the Principal shall comply with Ark. Code Ann. § 22-9-308 (d) by payment and full compliance with all prevailing hourly wage contract provisions where the contract amount exceeds the amount provided in Ark. Code Ann. § 22-9- 302(1). Any changes made in the terms of the Contract including but not limited to the amount of the contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to and consent of the Surety or Sureties of any such change, extension or forbearance being are hereby voluntarily waived. In no event shall the aggregate liability of the Surety exceed the Contract documents. This Performance and Payment Bond Agreement is binding upon the above named parties, and their successors, heirs, assigns and personal representatives. Executed by the parties who individually represent that each voluntarily enters into and has the authority to enter into this ag BY: l Q�9 cd z z e N' NrS V�� Contractor: C & S Contracting, LLC DBA M & A Jones Construction Date 1B ;mArkansas Resident Agent or Non Resident Agent/ Attorney -in -Fact Date 0__ Ojvlichael A. McDaniel, Attorney -in -Fact AR License No. 1669959 Pri.n�Agent's Name McDaniel -Whitley Inc. P. O. Box 382007 Address Memphis Shelby TN 38183-2007 City County State Zip Code Business #: 901-881-6464 Fax #: 901-881-6467 Rev 1-16-03 PERFORMANCE AND PAYMENT BOND 00614- 2 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No.0 21420 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL A. MCDANIEL ALL OF ALL RICHARD H. WHITLEY MEMPHIS, TENNESSEE $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25TH day of MARCH 2O20 Attest GREAT AMERICAN INSU NCE COMPAN Assistant Secretary Divisional Senior Fice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK viCARio (877-377-2405) On this 25TH day of MARCH , 2020 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. s ,�f SUSAN A KOHORIT �* Notary Public State of Ohio My Comm. Expires May 18, 2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION `'i�i�rr„+t I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the forr- 441Y.R'' ¢yand the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. %G - 2+ Signed and sealed this day of 2022 C7 — ' :OZ eft -aa; Assistant Secretary Jtrr", S1029AH (03/20)