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Home My WebLink AboutIowa Bridge & Culvert LC-4/5/2010 (2)Bond No. 91BCSF08727 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, IOWA BRIDGE & CULVERT, LC, of Washington, Iowa (hereinafter called the Principal), and Hartford Fire Insurance Company of Hartford, Connecticut hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FIFTY AND 00/100 Dollars ($114.550.00), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WH REAS the above bounden Principal did, on the i- day of , 2010, enter into a written contract with the City of Waterloo, to a, for the construction of F.Y. 2010 CEDAR PRAIRIE TRAIL BRIDGE REPAIRS, CONTRACT NO. 764, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials fumished in the performance of the contract on account of which 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 improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses 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. FORM OF BOND PAGE 1 OF 2 PAGES Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 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 Tess 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. IN WITNES�W�_-H-EREOF, we have hereunto set our hands and seals this CJ day of y�,l Iowa Bridge & Culvert, L.C. Principal By: Hartford Fire Insurance Company Surety Attomey-in-Fact % I1 ion R. Young & Iowa Resident Agent FORM OF BOND PAGE 2 OF 2 PAGES PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Iowa Bridge & Culvert, L.C. (Name of Contractor) P. O. Box 13, Washington, Iowa 52353 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and Hartford Fire Insurance Company (Name of Surety) 690 Asylum Avenue, Hartford, Connecticut 06115 (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo, Iowa 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of One Hundred Fourteen Dollars, $(114,550.00 Thousand Fifty Five and no/100 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 day of L-- 2010 , a copy of which is hereto attached and made a part hereof for the constructs n of: F.Y. 2010 Cedar Prairie Trail Bridge Repairs, Contract No. 764 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 six (6) counterparts, each one of 4s✓,1 (number) which shall be deemed an original, this the day of 2010 ATTEST: (SEAL) Witness as to Principal PD- x /3 (Address) 604 Locust Street, Suite 800 (Address) Des Moines, Iowa 50309-3713 Iowa Bridge & Culvert, L.C. By Principal P. 0. Box 13 (s) (Address) Washington, Iowa 52353 D ne R. Young Attorney -),-Fact: owa'-esidentAgent 690 Asylum Avenue (Address) Hartford, Connecticut 06115 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 91-823035 X X X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Terry A. Schultz, Bany A. McGee, Dione R. Young, John W. Ahrold, 11, John R. Fay, Karlene Kentner, Jennifer Stark, Matt Fay of Des Moines, IA their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by @, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ,10 Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ■ tOAp'.� t%6 N. �� S {O°'j 9�\za7 ;o€r 18701 David T. Akers, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of 2010 Signed and sealed at the City of Hartford. 71 Gary W. Stumper, Assistant Vice President :� 1R�® /`��V� CERTIFICATE OF LIABILITY INSURANCE IOWAB 1 DATE (MM/DD/YYYY) 03/17/10 PRODUCER AHROLD FAY ROSENBERG, INC. 604 Locust St., Ste. 800 Des Moines IA 50309-3713 Phone: 515-309-6200 Fax: 515-309-6225 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 Iowa Bridge & Culvert, L . C 409 North Avenue B Washington IA 52353 I INSURER A: Bituminous Insurance Companies A INSURER B: Navigators Insurance Company GENERAL INSURER C: CLP3268776 INSURER D: 11/30/10 INSURER E: $ 1,000,000 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 POLICIES 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 INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MNW EFFECTIVE DATE MM�/DDYYYY) LIMBS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLP3268776 11/30/09 11/30/10 EACH OCCURRENCE $ 1,000,000 X PRS MISES(EatocNcu1 rence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 X Blkt Contractual PERSONAL & ADV INJURY $ 1 , 000,000 X RR excl deleted GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 7 POLICY IiI jE n LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAP3534086 11/30/09 11/30/10 CO aBINEDt) (EaCOMB SINGLE LIMIT $ 1 000 00 i 0 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS / UMBRELLA LIABILITY CH06UMB188096NV 11/30/09 11/30/10 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $2,000,000 $ DEDUCTIBLE RETENTION $ $ $ A WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIV1-jI OFFICER/MEMBER (Mandatory If yes, describe SPECIAL COMPENSATION..,WC LIABILITY EXCLUDED? WC3534085 11/30/09 11/30/10 STATU- 0 1 H- TORY LIMITS ER E. L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 lnNH) under PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS For: F.Y. 2010 Cedar Prairie Trail Bridge Repairs, Contract No. 764. City of Waterloo, Iowa is an additional insured on the commercial general liability policy in connection with this project. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 MurlooeIAy 07 ----- -- Waterloo IA 50703 I WATER -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. TH �' E AurHo RE �/� 988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. n ACORD 25 (2009101) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) -L