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..