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HomeMy WebLinkAboutPAYMENT BOND i THE AMERICAN INSTITUTE OF ARCHITECTS- ' . • NOT ,�f11'pip . • 91 u r 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): Service Roofing Company AMCO Insurance Company PO Box 818 Des Moines, IA Waterloo, IA 50704-0818 • . ,OWNER(Name and Address): City of Waterloo . 715 Mulberry Street Waterloo, IA 50703-5783 CONTSTRUCTION CONTRACT Date: June 18,2007 Amount: $63,965.00 , Description(Name and Location): F.Y. 2007 Roof Program • BOND • Date(Not earlier than Construction Contract• Date): June 18,2007 • • • Amount: $63,965.00 Modifications to this Bond: 0 None 0 See Page 6 • CONTRACTOR AS PRINCIPAL SURETY Company: • (Corporate Seal) Company: (Corporate Seal) Service Roo 'Co i )• •y . AMCO In ce Comp,any, Signature: i) 111 2-4'' A; ' Signature: .2./.44. Name and Title: Name and Title: Robert L. Hammerberg, rney-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 First Iowa Insurance Agency, Inc. party): 4201 Glass Road NE, Cedar Rapids, IA 52402 VJ Engineering . 319-393-5262 1501 Technology Pkwy, Ste 100, Cedar Falls, IA 50613 MA 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' 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 6.1 Send an answer to the Claimant,with a copy to the Construction Contract, which is incorporated herein by Owner,within 45 days after receipt of the claim,stating the reference. amounts that are undisputed and the basis for challenging any amounts that are disputed. 2 With respect to the Owner,this obligation shall be null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed amounts. 2.1 Promptly makes payment,directly or indirectly,for , 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 the Construction Contract are dedicated to satisfy obligations 3 With respect to Claimants,this obligation shall be null and of the Contractor and the Surety under this Bond,subject to void if the Contractor promptly makes payment,directly or the Owner's priority to use the funds for the completion of indirectly,for all sums due. the work. 4 The Surety shall have no obligation to Claimants under 9 The Surety shall not be liable to the Owner,Claimants or this Bond until: 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, give 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. 4.2 Claimants who do not have a direct contract with the 10 The Surety hereby waives notice of any change,includ- 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 oneyear 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 Construc- from the Contractor,or not received within 30 days tion Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law,the of furnishing the above notice any communication from the Contractor by which the Contractor has minimum period of limitation available to sureties as a indicated the claim will be paid directly or indirect defense in the jurisdiction of the suit shall be applicable. ly;and • 12 Notice to the Surety,the Owner or the Contractor shall .3 Not having been paid within the above 30 days, 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, Contractor,however accomplished,shall be sufficient corn- or notice thereof,to the Owner,stating that a claim pliance as of the date received at the address shown on the is being made under this Bond and enclosing a signature page. copy of the previous written notice furnished to 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- conflictinguion was to be h said statutoryy provision in requirement is Bond ance. legal e MA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA ® A312-14� 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • • 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 and 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` 15.2 Construction Contract: The agreement between be made. the Owner and the Contractor identified on the signature page, including all Contract Documents and changes 15 DEFINITIONS 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 or with a subcontractor of the neither been remedied nor waived,to pay the Contractor Contractor to furnish labor, materials or equipment for as required by the Construction Contract or to perform use in the performance of the Contract.The intent of this and complete or comply with the other terms thereof. Bond shall be to include without limitation in the terms 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 IR)ND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 A312-1984 6 Power of Attorney KNOW ALL MEN BY THESE PRESENTS That AMCO Insurance Company,a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called "Company", does hereby make,constitute and appoint ROBERT L.HAMMERBERG RONALD W.HAMMERBERG CEDAR RAPIDS IA each in his individual capacity,its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of THREE MILLION AND NO/100 DOLLARS (s 3,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.4 Instruments Issued by the Corporation. Bonds,undertakings,and other obligatory instruments of similar nature,other than insurance policies and insurance endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President or a Vice President or by the Attorney(s)-In-Fact appointed by the President or by a Vice President." "Section 7.5 Appointment of Agents. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons,as Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature and execution of any such instrument. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President or the Vice President." This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.6 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements,to which the Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President." "Section 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice President, or Attorney(s)-In-Fact appointed by the President or a Vice President,or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary,as hereinabove in Sections 7.4,7.5,and 7.6 provided,that the corporate seal be affixed to any such instrument,but the person authorized to sign such instrument may affix the corporate seal. A facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 7.8 Other Facsimile Signatures. A facsimile signature of the President or of a Vice President affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in Sections 7.4 and 7.5 provided, or a facsimile signature of the Secretary or of an Assistant Secretary to any certificate as herein in Section 7.6 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section 7.9 Former Officers. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any insurance policy or insurance endorsement, any bond or undertaking,any Power of Attorney or certificate,as herein in Sections 7.1,7.2,7.4,7.5,and 7.6 provided." IN WITNESS WHEREOF,the Company has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 23 day of 4 IL 2007 ...••• AMCO INSURANCE COMPANY STATE OF IOWA 0 SFAL;i B : f •p.,,,; y ,i Vice President • COUNTY OF POLK ss �� �.•� On this 23 day of APRIL ,2(AT before me personally came Brett Harman, to me known, who, being by me duly sworn, did depose and say that he is Vice President of AMCO Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporation. SANDYALiTZ Sandy Alitz ACrylitISSION No Notary Public in and for the S e of Iowa SOW. MARCH 24,2008 CERTIFICATE I,the undersigned,Assistant Secretary of AMCO Insurance Company,a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force,and further certify that Sections 7.4 through 7.9 inclusion of Article 7 of the By-Laws of the Company set forth in said Power of Attorney are still in force. this lJ'4 TESTIMONY WHEREOF, I have s�µ45r5.bed my name and affixed the seal of the company t5 ay of June , GUU M7!_iii 040050Arg4....„ 05128 / AF,.:'-f This Power of Attorney expires / SEALi Assistant Secretary 04/23/10 ., .o.;;: Bda 1 (04-00)00 .:; ACORD CERTIFICATE OF LIABILITY INSURANCE CSR CF DATE(MMIDDIYYYY) SERVR-1 06/07/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Iowa Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4201 Glass RD NE, PO Box 997 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cedar Rapids IA 52406-0997 Phone: 319-393-5262 Fax:319-393-3161 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Addison Insurance Company 13021 INSURER B: Service Roofing Company INSURER C: PO Box 818 INSURER D: Waterloo IA 50704-0818 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. INSK UU'L POLICY EFFECTIVE POLICY EXPIRATION LTR rNSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE .w $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 60345390 04/01/07 04/01/08 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 A X Contractual ONLY AS PER ISO Ncc000i PERSONAL&ADV INJURY $ 1,000,000 A X Fellow Empl Coy GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X !Er- LOC PD Ded. 2,000 AUTOMOBILE LIABILITY SINGLE LIMIT COMBINED MB O C I A X ANY AUTO 60345390 04/01/07 04/01/08 NED $ 1,000,000 CO 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 s- $ 1,000,000 A OCCUR CLAIMSMADE 60345390 04/01/07 04/01/08 AGGREGATE $ 1,000,000 $ DEDUCTIBLE $ X RETENTION $10,0 0 0 $ WORKERS COMPENSATION AND WC STATU- 01H- EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE 60345390 04/01/07 04/01/08 E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER A 1Leased/Rented Equi 60345390 04/01/07 04/01/08 Limit $50,000 Ded. $2500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: F.Y. 2007 Roof Program, Bid Package B. City of Waterloo is included as additional insured for general liability. CERTIFICATE HOLDER CANCELLATION C ITY051 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 Wate Stoo reet IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 715 Mulberry Waterloo IA 50703-5783 REPRESENTATIVES. ED R R SENTfrr ACORD 2S,200 i/08) (i•d ACORD CORPORATION 198C..