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Home My WebLink AboutPAYMENT BOND THE AMERICAN INSTITUTE OF ARCHITECTS w • Bond No. IAC54702 AlA Document A3 I2 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Air Systems Heating and Cooling, Inc. Merchants BondingCompany - P Y (Mutual) 915 Center St. 2100 Fleur Drive Cedar Falls, IA 50613 Des Moines, IA 50321-1158 OWNER(Name and Address): City Of Waterloo 715 Mulberry St. Waterloo, IA 50703 CONTSTRUCTION CONTRACT Date: May 19, 2008 • Amount: $19,730.00 Description(Name and Location): 2008 Riverfront Stadium Kitchen Hood & Exhaust Fan Renovation BOND Date(Not earlier than Construction Contract Date): May 19, 2008 Amount: $19,730.00 Modifications to this Bond: ® None See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company:Y: (Corporate Seal) Air Systems Heating and Cooling, Inc. Merchants Bonding Company (Mutual) Signature: Ikk`E71.0e441 �.� Signature: �lO.4,N�� Name and Title: Name and Title: Janet Willard, Attorney—In—Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other Pedersen Dowie Clabby McCausland Insurance party): Gilmor & Doyle, Lrd. P.O. Box 2597 214 E. 4th St. Waterloo, IA 50704 Waterloo, IA 50703 AlA DOCUMENT A312 • PERFOR.,0A,NCE BONO AND P.X ' ENT SONO • CECEM8ER 1984 ED. •Ai.i T E AmERICAN INSTITUTE OF ARCHTEC'T5. 1735 NEW YORK .VE.. ,N.W.. WASHNOTON. D.C. 2CCO6 2_1 • 1 The Contractor and the Surety,jointly and severally,bind 6 When the Claimant has satisfied the conditions of Para- themselves, their-heirs, executors, administrators, succes- graph 4,the Surety shall promptly and at the Surety's expense sors and assigns to the Owner to pay for labor, materials and take the following actions: equipment furnished for use in the performance of the - - 6.7 Send an answer to the Claimant with a copy to the Construction Contract, which is incorporated herein by reference. Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and the basis for challenging 2 With respect to the Owner, a this obligation shall be null any amounts that are disputed. and void if the Contractor: - 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, for amounts. all sums due Claimants,and _ - - • 7 The Surety's total obligation shall not exceed the amount 2.2 Defends,indemnifies and holds harmless the Owner of this Bond, and the amount of this Bond shall be credited from all claims, demands, liens or suits-by any person or for any payments made in good faith by the Surety. entity who furnished labor,materials or equipment for use in the performance of the Construction Contract, pro- 8 Amounts owed by the Owner to the Contractor under the vided the Owner has promptly notified the Contractor and _ Construction Contract shall be used for the performance of the Surety (at the address described in Paragraph 12) of the Construction Contract and to satisfy claims,if-any,under any claims,demands, liens or suits and tendered defense any Construction Performance Bond. By the Contractor of such claims, demands, liens or suits to the Contractor furnishing and the Owner accepting this Bond, they agree and the Surety,and provided there is no Owner Default. that all funds earned by the Contractor in the performance of 3 With respect to Claimants,this obligation shalLbe null and the Construction Contract are dedicated to satisfy obligations void if the Contractor promptly makes payment, directly or of the Contractor and the Surety under this Bond,s completion of indirectly.for all sums due. the Owner's priority to use the funds for the of the work. 4 The Surety shall have no obligation to Claimants under this Bond until: 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to 4.1 Claimants who are employed by or have a direct the Construction Contract.The Owner shall not be liable for contract with the Contractor have given notice to the payment of any costs or expenses of any Claimant under this • Surety(at the address described in Paragraph 12)and sent Bond,and shall have under this Bond no obligations to make a copy,or notice thereof,to the Owner,stating that a claim- -- -- payments-to,-gi3!e notices on.behalf of,-or otherwise have is being made under this Bond and, with substantial obligations to Claimants under this Bond. accuracy,the amount of the claim. 10 The Surety hereby waives notice of any change, inciud- 4.2 Claimants who do not have a direct contract with the Contractor: ing changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, 11 No suit or action shall be commenced by a Claimant within 90 days after having last performed labor or under this Bond other than in a court of competent jurisdic- last furnished materials or equipment included in tion in the location in which the work or part of the work is the claim stating, with substantial accuracy, the located or after the expiration of one year from the date(1)on amount of the claim and the name of the party to which the Claimant gave the notice required by Subpara- whom the materials were furnished or supplied or graph 4.1 or Clause 4.2(iii), or(2) on which the last labor or for whom the labor was done or performed; and service was performed by anyone or the last materials or .2 Have either received a rejection in whole or in part equipment were furnished by anyone under the Construe tion Contract, whichever of (1) or (2) first occurs. If the from the Contractor,or not received within 30 days provisions of this Paragraph are void or prohibited bylaw,the of furnishing the above notice any communication minimum period of limitation available to sureties as a from the Contractor by which the Contractor has defense in the jurisdiction of the suit shall be applicable. indicated the claim will be paid directly or indirect- ly; and 3 Not having been paid within the above 30 days, 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature have sent a written notice to the Surety (at the Page. Actual receipt of notice by Surety, the Owner or the address described in Paragraph 12)and sent a copy, or notice thereof,to the Owner,stating that a claim Contractor, however accomplished, shall be sufficient com- ic being made under this Bond and enclosing a signate as of the date received at the address shown on the copy of the previous written notice furnished to signature page. the Contractor. 13 When this Bond has been furnished to comply with a S If a notice required by Paragraph 4 is given by the Owner statutory or other legal requirement in the location where the to the Contractor or to the Surety, that is sufficient compli- construction was to be performed,any provision in this Bond ante. conflicting with said statutory or legal requirement shall be ALA DOCUMENT A312 • PERFORMANCE 30N0 ANO PAY,mE.Nr SCNO • DECEMBER I98-I ED. • -VA 81 "HE AMERICAN INSTITUTE OF ARCHITECTS. :7 35 NEW YORX AVE.. N.w., WASHINGTON, D.C. 2CC06 A312-1984 5 • deemed deleted herefrom and provisions conforming to "labor, materials or equipment" that part of water, gas, such statutory or other legal requirement shall be deemed power, light, heat, oil,—gasoline, telephone service or incorporated herein. The intent is that this Bond shall be rental equipment used in the Construction Contract, construed as a statutory bond and not as a common law architectural and engineering services required for perfor- bond. mance of the work of the Contractor anel the Contractor's subcontractors,and all other items for which a mechanic's 14 Upon request by any person or entity appearing to be a lien may be asserted in the jurisdiction where the labor, potential beneficiary of this Bond, the Contractor shall materials or equipment were furnished. promptly furnish a copy of this Bond or shall permit a copy to - be made. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature 15 DEFINITIONS page, including all Contract Documents and changes thereto. _ . 15.1 Claimant: An individual or entity having a direct 15.3 Owner Default: Failure of the Owner, which has contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equipment for neither been remedied nor waived,to pay the Contractor use in the performance of the Contract.The intent of this asn required by ort comply Construction with the Contract or to perform Bond shall be to include without limitation in the terms and complete with other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY • Company: (Corporate Seal) Company: Corporate Seal) Air Systems Heating and Cooling, Inc. �` Merchants Bonding Company (Mutual) -- Signature: UTA� — Signature: Name and Tide: Name and Title: Janet Willard, Attorney=In-Fact Address: 915 Center St. Address: Pedersen Dowie Clabby McCausland Insurance Cedar Falls, IA 50613 3927 University Ave. , Waterloo. TA 50704 ALA 00CUMENT A31'_ • PERFORmANC- 30No ANO PAY.ME"+T 30No • OECE.MBER 1984 EC. •AIA a r l?-1984 6 71-1E AmER:CAN INSTITUTE OF ARC]-IIrECTS, 1,-35 NEW YORK AVE., N.W., wAS+-tINCTON, O.C. ZCOC6