Loading...
HomeMy WebLinkAboutPERFORMANCE BOND Bond No. 190-019-283 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, CEDAR VALLEY CORPORATION, of Wa Iowa (hereinafter called the Principal), and Liberty Mutual Insurance Company Of Boston,MA (hereinafter called the Surety), are held and firmly bound untolion Twenty-F erroo (hereinafter called the Obligee), in the penal sum of Five Thousand Three Hundred-Sixt Two and 36/100 Dollars ($5 024. 362.36�, 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, WHEREAS the above bounden Principal did, on the day of 2021, enter into a written contract with the City of Waterloo, Iowa, for the construction of F.Y.2008 West Commercial Street Extension,River Road Relocation,and Storm Water Pump Station,Contract No.720,RM-8155(671)--9D-0,7 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 furnished 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. PAGE 1 OF 2 FORM OF BOND 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 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 08. Cedar Valley Corp. Principal By: (..A.A.C),U),,j, Liberty Mutual Insurance Company - Surety Attorney-in-Fact Dianne S.Riley FORM OF BOND PAGE 2 OF 2 PAGES • Bond No. 19C-019-283 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Cedar Valley Corp. (Name of Contractor) P.O.Box 1740,Waterloo, IA 50704 (Address of Contractor) a corporation , hereinafter called Principal, (Corporation,Partnership or Individual) and Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street, Boston,MA 02117 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street,Waterloo, IA 50701 (Address of Owner) hereinafter called OWNER, in the penal sum of** Dollars, $(5,024,362.36 ) **Five Million,Twenty Four Thousand,Three Hundred Sixty Two and 36/100 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 20 08 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y.2008 West Commercial Street Extension, River Road Relocation,and Storm Water Pump Station Contract No.720, RM-8155(671)-9D-07 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 (number) which shall be deemed an original, this the day of 2008 ATTEST: Cedar Valley Corp. / Principal d'7 11 r i� Sec (SEAL) By (s) P.O.Box 1740 (Address) Waterloo,IA 50704 /T)? Witness as to Principal P.O.Box 1740 (Address) Waterloo,IA 50704 Liberty Mutual Insurance Company Surety - ATTEST: By Attorney-i -Fact nne S.Ritey_._-_ _ Holmes Murphy&Associates,Inc. Wi -.. as to Surety Anne Crowner (Address) Holmes Murphy&Associates,Inc. P.O.Box 9207,Des Moines,IA 50306-9207 (Address) P.O.Box 9207,Des Moines,IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2297142 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JANET ALESSIO,CRAIG E.HANSEN,DIANNE S.RILEY,JAY D. FREIERMUTH,BRIAN M.DEIMERLY,CINDY BENNETT, ANNE CROWNER,ALL OF THE CITY OF WEST DES MOINES,STATE OF IOWA ,each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100************ ******* DOLLARS($ 50,000,000.00***** )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be w O. as binding as if signed by the president and attested by the secretary.V . a C d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: A .0 C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby (73 R authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal, acknowledge and — O V 3 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 0 O d at 0 I— Q 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W O— Cc L > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Q Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 4th day of March , * O m O 2008 . Q ch O i LIBERTY MUTUAL INSURANCE COMPANY d C 43 C• ca Sa Garnet W. Elliott,Assistant Secretary co cmy"„ COMMONWEALTH OF PENNSYLVANIA ss to R y COUNTY OF MONTGOMERY .r G o; • L C L+� On this 4th day of March , 2008 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged t LD O- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above a ci Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. - ` O IN TESTIMONY WHV +¢ e; unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year t er ct first above written tN4. < *"N co iii a Pi o " §. #r COMMONWEALTH NNSYLVANiA y/;//► /1'��� E M O 3 F Ter Pul ,N k By /Q',,2�i�c�t ov C a0 Z V Hrmol s r-,�ery Co Ter sa Pastella,NotaryPublic v o % a r»�is� a E.,„.Kw, :tea' °' ,4 tsr,p,,,04nia Auoaaa Jan a eNotario O(O CERTIFICATE ,_ . F' I,the undersigned,Assistan�ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company,this day of , 2008 ail By4.& ,,t4.-,, ,, David M.Carey,Assecretary ACORD CERTIFICATE OF LIABILITY INSURANCE OP DATE(MM/DD/YYYY) JACKS-1 07/25/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AHROLD FAY ROSENBERG, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 604 Locust St., Ste. 800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Des Moines IA 50309-3713 Phone: 515-309-6200 Fax:515-309-6225 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Insurance Company I 10677 INSURER B: Jackson Enterprises Corp.Cedar Valley Corp. INSURER C: 2637 Wagner Road INSURER D: Waterloo IA 50703 - 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 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. iNSHy�UU'u POLICY EFFECTIVE POLICY EXPIRATION LTR INSRd TYPE OF INSURANCE POLICY NUMBER DATE(MIWDD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY �EACH OCCURRENCE $ 1,000,000 A X XI COMMERCIAL GENERAL LIABILITY CPP0894610 12/01/07 12/01/08 PRE ISES(Ea toccurence) $ 100,000 CLAIMS MADE X I OCCUR MED EXP(Any one person) $ 5,0 0 0 X 50 ft cxci delete PERSONAL&ADV INJURY $ 1,000,000 I I GENERAL AGGREGATE $2,0 0 0,0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG j$ 2,0 00,00 0 POLICY X JEC r 7 LOC I I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000,000 A X 1 ANY AUTO CPA0894610 12/01/07 12/01/08 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A X OCCUR f CLAIMS MADE CPP0894610 12/01/07 12/01/08 AGGREGATE $ 10,000,000 DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS OER EMPLOYERS'LIABILITY A WC1918723 12/01/07 12/01/08 E.L.EACH ACCIDENT $ 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 50 0,0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Waterloo, Wayne Claassen Engineering and Surveying, Inc., & the Cedar Valley Tech Works are additional insured on the general liability policy in regards to F.Y. 2008 West Commercial Street Extension River Road Relocation, and Storm Water Pump Station(Base Bid & Alternates 2&3) CERTIFICATE HOLDER CANCELLATION 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 City of Waterloo 715 City Mulberry St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Waterloo IA 50703 REPRESENTATIVES. AUTHOR D R SENTAW ACORD 25(2001/08) @ ACORD CORPORATION 1988 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 The Certificate of Insurance on the reverse side of this form 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(2001/08)