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HomeMy WebLinkAboutWestern Surety Company-8/16/2010OD% Western Surety Company PAYMENT BOND Bond Number: 70971023 KNOW ALL PERSONS BY THESE PRESENTS, That we Ground Support Specialist, LLC 2205 Cole Rd., Horn Lake, MS 38637 of , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Waterloo of 715 Mulberry St. , Waterloo, IA 50703 , hereinafter One Hundred Fifty -Nine Thousand Nine Hundred and referred to as the Obligee, in the sum of 00/100 Dollars ($15 9, 900.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 27th day of July 2010 ,for GS 1400 Aircraft Deicing Vehicle - Horn Lake, MS copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) 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. (b) 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 28th day of July 2010 Ground S,ipport Specialist, LLC (Principal) By . (Seal) I Wester,. Surety Company r By tY) -1 (Seal) G1assco Attorney -in -Fact Western Surety Company PERFORMANCE BOND Bond Number: 70971023 KNOW ALL PERSONS BY THESE PRESENTS, That we Ground Support Specialist, LLC 2205 Cole Rd., Horn Lake, MS 38637 referred to as the Principal, and Western Surety Company of , hereinafter as Surety, are held and firmly bound unto City of Waterloo of 715 Mulberry St. , Waterloo, IA 50703 , hereinafter One Hundred Fifty -Nine Thousand Nine Hundred and referred to as the Obligee, in the sum of 00/100 Dollars ($ 159,900.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 27th day of July 2010 ,forGs 1 400 Aircraft Deicing Vehicle - Horn Lake, .MS NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 28th day of July , 2010 Form F4597 Ground Support Specialist, LLC By (Principal) Western Surety Company �° (S By (Seal) Jo Benrt L� (Seal) Glassco Attorney -in -Fact ACKNOWLEDGMENT OF SURETY STATE OF Tennessee (Attorney -in -Fact) COUNTY OF Shelby On this as day of --5-a--- \ 1 l (0 , before me, a notary public in and for said County, personally appeared Jo Beth Glassco to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Jo Beth Glassco acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Memphis Tennessee , the day and ye I e ! yg,written. Mycommission expires `— � p��r�et 0 1 f - �� tel-'(/ _ ��~y ®c, ! U .Public pay zz: Form 108-4.2000 J PIRAC r. - %\N%//11SOF SS Bond No. 70971023 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 70971023 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Jo Beth Glassco its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Ground Support Specialist, LLC Obligee: City of Waterloo .Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Apri 1 2 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof; Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cogwrittorml coto be affixed this 28th day of Ju 1V 2010 ire NU ® �'r*` Gift ST . W �~A On this 28th day of Ju l y , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. }aaoaatiaaaaaa s00000 00000 $ i D. KRELL 5% % JOTARY PUBLIC SOUTH DAKOTA as - . f +sss et My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this July 2010 COUN�7f WEST.' R►, SURECOMPANY Paul T. Bruflat/Senior Vice President otary Public - South Dakota Form F5308-9-2006 28th day of WEST," R! SURETY COMPANY 7.7 Paul T. Bruflaenior Vice President ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 0 ' PRODUCER (901) 767-3600 FAX: (901) 763-2613 Clay and Land Insurance, Inc 866 Ridgeway Loop Rd Suite 200 Memphis TN 38120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Ground Support Specialists, LLC 2205 Cole Road Horn Lake MS 38637 INSURER A Crump Ins Sery Of Mphs . , INSURERB:Midwest Insurance Company INSURER C: INSURER D: INSURER E: COVERAGES 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 POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L )NSRQ TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE!DD DATE/YY) POLICY EXPIRATION DATE (MM/DD/YY) OMITS A GENERAL LIABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR GEN'LAGGREGATE pCT I (1LIIMITAPPLIES PER: .. POLICY IGAEJELOC AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BK001157203 3/16/2010 3/16/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY 7 OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE AGGREGATE B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 0101WP100421502 1/4/2010 1/4/2011 X WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 A OTHER Hired & Nonowned BK001157203 3/16/2010 3/16/2011 Each Occurrence Aggregate 500,000 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION ACORD 25 (2001/08) INS025 (0108).08a ©ACORD CORPORATION 1988 Page 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Waterloo EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 715 Mulberry St. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Waterloo, IA 50703 FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORZED PRESENTATIVE ^ ' Curr (��/J� John Curry/LMC ,"` ,,,r:j ACORD 25 (2001/08) INS025 (0108).08a ©ACORD CORPORATION 1988 Page 1 of 2