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HomeMy WebLinkAboutIowa Department of Transportation-3/11/2013Form 181418 (01-12) Bond Number. 54193862 Iowa Department of Transportation CONTRACTOR'S BOND Proposal I.D.: 07-0636-088 County: Black Hawk KNOW ALLPERSONS BY THESE PRESENTS: That we, Skyline Construction, Inc. of Decorah, IA (hereinafter called the Principal and United Fire & Casualty Company of Cedar Rapids, IA (hereinafter called the Surety) are held and firmly bound unto the City of Waterloo (hereinafter called the Contracting Authority) Iowa, in the penal sum* (Iowa DOT, County, or City name, etc.) of Nine Million Nine Hundred Ninety Seven Thousand Three Hundred Twenty Dollars and 09/100 dollars ($ 9,997,320.09 lawful money of the United States, to the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors, and assigns jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION iS SUCH, THAT whereas the above bounden Principal did on the day of 2013 enter into a written contract with the Contracting Authority to perform PCC Pavement - Grade and New as called for Letting February 19, 2013; Project: N HSX-063-6(88)-3 H-07 Copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as fully and completely as if said contract were recited at length; and whereas, the principal and sureties on this bond hereby agree to pay ail persons, firms, or corporations having contracts directly with the principal or with subcontractors, ad just claims due them for tabor performed or materials furnished, in the performance of the contract on account of which this bond is given. when the same are not satisfied out of the portion of the contract price which the public corporation Is required to retain until completion of the public improvements, but the principal and sureties shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by taw. Now, if the pdndpal shad in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands Insured for the same, and shall fully indemnify and save harmless the Contracting Authority from all costs and damages which it may suffer by reason of failure to do so and shall fully reimburse and repay the Contracting Authority all outlays and expense which it may incur in making good any such default, then the obligation is to be void and of no effect otherwise to remain in full force and effect. Every surety on this bond shad be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of fire to the contractor in which to perform the contract. 2. The the bond shad remain in full force and effect until the contract is completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the contractor. 3. To any change in the plans, specifications, or contract, when such change does not Involve an increase of more than 20 percent of the total contract price, and shall then be released only as to such excess Increase. 4. That no provision of this bond or of any other contract shall be valid which limits to less than five years from the completion of the contract the right to sue on this bond for defects in work quality or material not discovered or known to the Contracting Authority at the time such work is accepted. This bond Is to be considered a performance bond and secures the Contracting Authority the right to recover from the contractor at account of material or labor entered into the work or work performed not in accordance with the contract, specifications, or plans. The contractor does not by this obligation guarantee to maintain the work for five years. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2013 Skyline Construction, Inc. Principal By: Title United Fire & Casualty Company By: Stacy Venn l Attomey-in-Fact Surety Title Address: Des Moines, Iowa Principal Title By: Surety Address: Title For contracts where a County Board of Supervisors Is the Contracting Authority: This bond approved by the (Board of Supervisors of) County, this day of Chairperson (Signature) For contracts where the DOT nor a County Board of u visors is the Contracting Authority: This bond approved by the City of Waterloo V\lax C)- `---' (Contractin A3uthority) Title/Signature day of DISCLOSURE STATEMENT FOR CONTRACTOR'S PE4ORMANCE BONDS The Information requested will be used by the Iowa Deparbnent of Transportation to determine If a contractor/vendor Is bonded In accord with the requirements estabfshed by the coub4,51.ig authority. This secures the IDOT andtor the State of lows the right to recover from the amtractorrvwrdor if material oriabor enteral Into the work performed is not in amord with the contract, speaTrcaflons, or plans. Persons outside the Department may occasionally request this tnrormaUon. Faure to provide alt required information will result in denial of the award of the contract UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint Stacy Venn its true and lawful Attomey-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Surety Bond Number. 54193862 Principal: Skyline Construction, Inc. Obligee: City of Waterloo and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Lawduly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being 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. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this August 23, 2010. cz State of Iowa, County of Linn, ss: By UNITED FIRE & CASUALTY COMPANY Vice President On August 23, 2010, before me personally came Dennis J. Richmann to me known, who being by me duly swom, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A. Jansen Iowa Notarial Seal Commission number 713273 My Commission Expires 10/26/13 CERTIFICATION Notary Public My commission expires: 10-26-13 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this day of 2013 1,-0:#-.„-t- Secretary °� ® CERTIFICATE LIABILITY' INSURANCE ATE D03/26/2013� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 Solmes Murphy & Assoc - CR 500 lst Avenue NE, Suite 300 Cedar Rapids, IA 52401 CONTACT PHONE FAX (A/C. No. Ext): (AIC. No): E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Bituminous Insurance Companies LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Skyline Construction, Inc. PO Box 127 Decorah, IA 52101 INSURER 8: Lexington Insurance Company CLP3572820 INSURERC: First Specialty Insurance Corporation 07/01/13 INSURERD: BITUMINOUS FIRE & MARINE INS CO 20109 INSURERS: $ 100,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 32645976 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLP3572820 07/01/12 07/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE UMIT APPLIES PER: —1 POLICY pq 'EC Pr' LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS CAP3572821 07/01/12 07/01/13 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ 5 UMBRELLALIAB EXCEESLUIB X OCCUR CLAIMS -MADE 013136459 07/01/12 07/01/13 EACH OCCURRENCE $ 10, 000, 000 AGGREGATE $ 10,000,000 DED RETENTION $10, 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? n (Mandatory In NH) If DESCRIPTION describeunderF OPERATIONS below N / A WC3572819WC 07/01/12 07/01/13 X STATU- AIWA °a' ER E.L. EACH ACCIDENT $ 500, 000 E.L DISEASE - EA EMPLOYEE $ 500,000 E.L DISEASE - POLICY UMIT $ 500,000 C D Excess Cargo Liability IRE10552-3 CLP3572820 07/01/12 07/01/12 07/01/13 07/01/13 Aggregate 5,000,000 Any One Vehicle 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space Is required) The Iowa Department of Transportation and all 99 Counties are listed as additional insured as it pertains to all projects statewide. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) kjanney 32645976 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SKYLINE CONSTRUCTION, INC. Bid Order: 101 Contract No.: 07-0636-088 Letting: 19FEB2013 This certification must be signed by an Officer of the Company and returned along with the signed contract to the Contracting Authority: the CITY OF WATERLOO STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITITIES. Certification Statement For the projects which include a Storm Water Pollution Prevention Plan (PPP) on the contract shown above: "I certify under penalty of law that I understand the terms and conditions of the general (or individual, if applicable) National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site as part of this certification. Further, by my signature, I understand that I am becoming a co -permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" (or individual NPDES permit, if applicable) at the identified site. As a co -permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution prevention plan developed under this NPDES permit and the terms of this NPDES permit." Name Keith B. Bruening Type, Stamp or Print Legibly Title Sec/Treas SKYLINE CONSTRUCTION, INC. 900 MONTGOMERY STREET P.O. BOX 127 DECORAH, IA 52101-0000 Phone: (563)382-2933 L. Date