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HomeMy WebLinkAboutMike Dolan Concrete & Masonry Inc-4/4/2011 (2)Granite Re, Inc. MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned Mike Dolan Concrete & Masonry, Inc. 1140 Fairchild St, Waterloo, IA 50703 , as Principal Bond# GRIA18514B and Granite Re, Inc., a corporation organized under the laws of the State of Oklahoma and duly authorized to do business in the State of Oklahoma, as Surety, are held and firmly bound unto: City of Waterloo 715 Mulberry St, Waterloo, IA 50703 in the penal sum of **** Ninety -Three Thousand Three Hundred Ninety -Six Dollars and 53/100 **** ($ 93,396.53 ) Dollars, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed this 1st day of April , 20 11 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named Principal did on the 1st day of April , 20 11 enter into a contract with the City of Waterloo for: F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repair, Contract No. 804 AND, WHEREAS, the specifications of said construction contract provide that upon final acceptance by Obligee said Principal shall furnish a maintenance bond for the sum amounting to **** 100 **** percent (_ 100 %) of the contract price, and to remain in full force and effect for the period of Two ( 2 ) year(s) from the date of acceptance, as therein stated in said specifications; the said work having been duly accepted by said obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall make good all defects appearing in the work performed by Principal due to faulty workmanship or materials which may develop during the period of Two ( 2 ) year(s) from the date of completion and final acceptance of said work, then this obligation shall be void; otherwise to remain in full force and effect. Mike Dolan Concrete & Masonry, Inc. Principal BY: / '4 &94-1 Title P re4d ets 4 L iia r upp , Attorney -in -Fact GR0709-24 BOND #GRIA18514B PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, MIKE DOLAN CONCRETE & MASONRY, INC. of Waterloo, Iowa (the "Principal"), and Granite Re, Inc. of Oklahoma City, Oklahoma the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Ninety —Three Thousand Three Hundred Ninety -Six and 53/100 -------- Dollars ($ 93,396.53 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about 04/01/2011 for the purpose of F.Y. 2011 SIDEWALK REPAIR PROGRAM — ZONE 1 AND TRAIL REPAIRS, CONTRACT NO. 804. The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion Tess the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, Tess the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of 04/01/2011 PRINCIPAL SURETY Mike Dolan Concrete & Masonry, Inc. Name By: 9'- 3 676441 Title: f ri Granite Re, Inc. Name Title: Lisa Flipp, Attorney -in -Fact [attach Power of Attorney] Performance Bond Page 2 of 2 BOND #GRIA18514B PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Mike Dolan Concrete & Masonry, Inc. (Name of Contractor) 1140 Fairchild St, Waterloo, IA 50703 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) Granite Re, Inc. and (Name of Surety) 14001 Quailbrook Drive, Oklahoma City, OK 73134 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry St, Waterloo, IA 50703 (Address of Owner) Ninety -Three Thousand Three Hundred Ninety -Six hereinafter called OWNER, in the penal sum of and 53/100 Dollars, $( 93,396.53 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 1st day of April 2011 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repair, Contract No. 804 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 3 counterparts, each one of (number) which shall be deemed an original, this the 1st 2011 ATTEST: a),NA.-20 64. day of April Mike Dolan Concrete & Masonry, Inc. Principal (Principal) Secretary (SEAL) By ✓'���� Can 1140 Fairchild St Jkoeetki'vzs Witness as to Principal 7/5 m --Ji ( dress) V(c v tO, 711 :j70,03 ATTEST: Witness as to Surety Molli J. Hansen P.O. Box 465 (Address) Hudson, WI 54016 (s) (Address) Waterloo, IA 50703 Granite Re, Inc. Surety Attorney -in -Fact 14001 Quailbrook Drive (Address) Oklahoma City, OK 73134 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. idea �a� A'aiu�yt � to?ui!�oi IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; USA FLIPP; KARLA HEFFRON; ROBERT DOWNEY its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; LISA FLIPP; KARLA HEFFRON; ROBERT DOWNEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 14th day of March, 2011. STATE OF OKLAHOMA ) SS: COUNTY OF OKLAHOMA ) Kenneth D. Whittin on, President Rodman A. Frates, Secretary/Treasurer On this 14th day of March, 2011, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9,2012 Commission #: 00005708 C?1fr: C?re" Notary Publi GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 1 st day of Apr , 2011 . GRO800-1 odman A. Frates, Secretary/Treasurer 4/4/2011 11:16 AM FROM: The Sinnott Agency TO: +1 (319) 291-4262 PAGE: 002 OF 002 CRb CERTIFICATE OF LIABILITY INSURANCE OP ID JT DATE(MMIDDIYYYY) 04/04/11 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. HIS 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, 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 The The Sinnott Agency, Inc. 622 W 4th St. , PO Box 1918 wnrALA NAME: Steve Sinnott PHONE (ANC,No, Esq: 319-233-6103 FAX 319-234-8133 AADDR2ESS: steves@sinnottagency.com Waterloo IA 50704 Phone:319-233-6103 Fax:319-234-8133 PHUUUCbH CUSTOMER ID is MIKED 1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED MIKE DOLAN CONCRETE & MASONRY INC. 1140 FAIRCHILD STREET i•IATERLOO IA 50703-1424 INSURERA: Allied/Nationwide Insurance Co 42579 INSURER B : ACPMCT07100915307 INSURER C : 01/10/12 INSURER D : $ 1000000 INSURER E: $ 100000 INSURER F : CLAIMS -MADE • 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. IX TYPE OF INSURANCE AULILLTR INSR MD POLICY NUMBER rout:! brr {AIM/DDIYYYY) ruuD (MMlDDIYYYYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR ACPMCT07100915307 01/10/11 01/10/12 EACH OCCURRENCE $ 1000000 PREM SES (Eaocagente) $ 100000 CLAIMS -MADE MED EXP (Any one person) $ 5000 GEN'L ^ PERSONAL 8 ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 AGGREGATE LIMIT APPLIES PER: I POLICY n SCT n LOC PRODUCTS -COMP/OPAGG $ 2000000 A AUTOMOBILE X UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ACPBA7100915307 01/10/11 01/10/12 COMBINED SINGLE LIMIT (Eaacci $ 1000000 BODILY INJURY (Per person) INJURY $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLALIAB EXCESS UAB X OCCUR CLAIMS -MADE ACPCAA7100915307 01/10/11 01/10/12 EACH OCCURRENCE $ 1000000 AGGREGATE $ 1000000 DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVELi OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N1A ACPWC7100915307 01/10/11 01/10/12 X WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 100000 E.L. DISEASE - EA EMPLOYEE $ 100000 E.L. DISEASE - POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) CITY OF WATERLOO IS LISTED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY PROJECT: FY 2011 SIDEWALK REPAIR PROJECT ZONE 1 AND TRATh REPAIRS ER CANCELLATION CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 ACORD 25 (2009/09) CITYWLO 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 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD