HomeMy WebLinkAboutPAYEMNT BOND THE AMERICAN INSTITUTE OF ARCHITECTS
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Bond No. 54-168754
AIA Document A312
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):
Prairie Construction Co., Inc. United Fire & Casualty Company
P.O. Box 626 P. O. Box 73909
Waterloo, IA 50704 Cedar Rapids, IA 52407-3909
OWNER (Name and Address):
City of Waterloo
715 Mulberry
Waterloo, IA 50703
CONSTRUCTION CONTRACT
Date: November 15, 2007
Amount: ($112,800.00 ) One Hundred Twelve Thousand Eight Hundred Dollars and 00/100
Description (Name and Location): 2007 Riverfront Stadium East Concession Renovations,Waterloo Leisure Services in
Waterloo, Iowa
BOND
Date (Not earlier than Construction Contract Date): November 15, 2007
Amount: ($ 112,800.00 ) One Hundred Twelve Thousand Eight Hundred Dollars and 00/100
Modifications to this Bond: it None ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Prairie Constru floraCo., Inc. United Fire &Cas alty Company
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Signature: r' �(/� . "/'
�°� , NG Signature: -, ej�-_
Name and Title: Michael L. Christiason Name and Ti e: Dianne S. Riley
President 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
Holmes Murphy&Associates, Inc. other party):
3001 Westown Parkway StruXture Architects PLC
West Des Moines, IA 50266 314 E. 4th Street
515 223-6800 Waterloo, IA 50703
AMA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 4
THIRD PRINTING•MARCH 1987
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to
mance of the Construction Contract, which is incorpo-
the Owner, within 45 days after receipt of the claim,
rated herein by reference, stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly, amounts.
for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor-
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work.
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract.The Owner shall not be
liable for payment of any costs or expenses of any Claim-
4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli-
contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or
Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by
substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2) on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate-
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-
whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,
.2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a
in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12)and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor. the construction was to be performed,any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con-
Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall
cient compliance. be deemed incorporated herein. The intent is that this
MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED.•AIAS
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W..WASHINGTON,D.C.20006 A312-1984 5
THIRD PRINTING• MARCH 1987
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
15 DEFINITIONS the
Construction Contract:The agreement between
the Owner and the Contractor identified on the sig-
15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has
ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
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)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N,W.,WASHINGTON, U.C.20006 A312-1984 6
THIRD PRINTING•MARCH 1987
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
DIANNE S. RILEY, OR JANET ALESSIO, OR CRAIG E. HANSEN, OR JAY D. FREIERMUTH, OR MARTHA LATHRUM, OR
BRIAN M. DEIMERLY, OR CLIFFORD W. AUGSPURGER, OR CINDY BENNETT, OR ANNE CROWNER, ALL INDIVIDUALLY OF
DES MOINES, IOWA OFFICE; JASON W. HELLICKSON, OR SUZAN K. BLAKE-BUNDY, OR KEVIN ,'I. KNUTSON, OR
JACQUELINE M. DEVINE, ALL INDIVIDUALLY OF CEDAR RAPIDS, IOWA OFFICE of DES MOINE` IA
its true and lawful Attorney(s)-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:Any and Al 1 Bonds
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-Law duly adopted by Board of
Directors of the Company on April 18, 1973.
"Article V-Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may,
from time to time, appoint by written certificates attorneys-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 adored 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
�'► ++4ctts,, its vice president and its corporate seal to be hereto affixed this 1st day of November, 2005
(,` COIPO1ATE i
UNITED FIRE & CASUALTY COMPANY
DSAL ,
.,
a:4"'""%w4 are'.�, By f. Q.. �, ,,,4 Vice President
State of Iowa, County of Linn, ss:
On 1st day of November, 2005, before me personally came Randy A. Ramlo
to me known, who being by me duly sworn, 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 me thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporation. � /
,dt,�r,rissION , � fl 73)
e 1 • Y C ISS1 i€ Notary Pu li
LMy commiss on ex ires:
. _ ,....ratats,,,,
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
/41,& i.'` this 15th day of November 20 07
4 COIIOIAtE it)
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isaimov
Secretary
BON D00190802