26-044-RFP_-_Payment_Bond_-_Attachment_7.pdf

KENTON COUNTY AIRPORT BOARD

REQUEST FOR PROPOSAL

RAMP TOWER SERVICES (26-044-RFP)

Rev. 11.3.2016 13.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

That, _____________________________________________, as Principal, hereinafter called Contractor, and _____________________________________, as Surety, hereinafter called Surety, are held and firmly bound unto the Kenton County Airport Board as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ____________ ________________________ Dollars ($_________________), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Contractor has, by written agreement dated ________________________________, entered into a Contract with Owner for the Ramp Tower Services, at the Cincinnati/Northern Kentucky International Airport (“CVG”), in accordance with plans and specifications prepared by the Kenton County Airport Board which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly make payment to all claimants as hereinafter defined, for use in the performance of the Contract, then the obligation shall be null and 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 with the Contractor or with a Subcontractor of the

Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract.

(2) The above named contractor and Surety hereby jointly and severally agree with the Owner that every

Claimant, as herein defined, who has not been paid in full before the expiration of a period of ninety

(90) days after the date on which the last of such Claimant’s work or labor was done or performed, or materials were furnished by such Claimant may sue on this Bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.

(3) No suit or action shall be commenced hereunder by any claimant.

(A) Unless Claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within 90 days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner, or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer.

(B) After the expiration of one (1) year following the date on which Principal ceased work on said

Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

KENTON COUNTY AIRPORT BOARD

REQUEST FOR PROPOSAL

RAMP TOWER SERVICES (26-044-RFP)

Rev. 11.3.2016 14.

(C) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.

(4) The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics’ liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond.

Signed and sealed this _______________ day of ________________, 20_____.

(WITNESS) PRINCIPAL (SEAL)

(NAME)

(TITLE)

(WITNESS) SURETY (SEAL)

(NAME)

(TITLE)