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HomeMy WebLinkAbouthigh fac contr a.pdf THE AMERICAN INSTITUTE OF ARCHITECTS. Bond No. 4097N AIA Document A312 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. - CONTRACTOR(Name and Address): SURETY(Name and Princioal Place of Business): D. Hillman & Sons LLC M-r- Service lri&� GaTany, Iric• 80 M= Street, 3 d Floor 3190 Westland Drive,Boucicville NY 13310 West Orange, New,Jersey 07052 OWNER(Name and Address): Town of Enfield 168 Enfield Main Rd., Ithaca NY 14850 CONSTRUCTION CONTRACT Date: 4r2/11 Amount: $952,900 Description (Name and Location): Construction of Highway Garage,475 Enfield Main Rd.,State Route 327,Ithaca NY 14850 BOND — Date(Not earlier than Construction Contract Date): 4/22/11 Amount: $952,900 Modifications to this Bond: [X]None U See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: SURETY COMPANY: `JhP- Service Jstorarre �1'� im• D. Hillman& Sons LLC (Corporate Seal) Corporate Seal) Signature: Signature: Name and Title: Name and Title: Molly W Janitz Att ney-in-Fact (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE(Architect, AGENT OR BROKER: Engineer or other party): Mang Insurance Agency LLC 66 S Broad St. Norwich,NY 13815 (607-334-4444) AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED..,.AIA® A 312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006 - - THIRD PRINTING-MARCH 1987 - 1. The Contractor and the Surety,jointly and severally, 1. After investigation,determine the amount for which it may bind themselves, their heirs, executors, administrators, be liable to the Owner and,as soon as practicable after successors, and assigns to the Owner for the performance the amount is determined,tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation 5. If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety 3. If there is no Owner Default,the Surety's obligation demanding that the Surety perform its obligations under under this Bond shall arise after: this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as 3.1 The Owner has notified the Contractor and the provided in Subparagraph 4.4,and the Owner refuses the Surety at its address described in Paragraph 10 below payment tendered or the Surety has denied liability, in that the Owner is considering declaring a Contractor whole or in part,without further notice the Owner shall be Default and has requested and attempted to arrange a entitled to enforce any remedy available to the Owner. conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction'Contract,and if the Surety tion Contract. If the Owner,the Contractor and the elects to act under Subparagraph 4.1,4.2,or 4.3 above, Surety agree,the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract,but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right,if Construction Contract,and the responsibilities of the any, subsequently to declare a Contractor Default; and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond,but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract,the Sure- clared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided in Sub- paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the tion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in accor- costs resulting from the Contractor's Default, and re dance with the terms of the contract with the Owner. sulting from the actions or failure to act of the Surety under Paragraph 4;and 4. When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages,or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perFor 4.1 Arrange for the Contractor,with consent of the mance of the Contractor. Owner,to perform and complete the Construction Contract; or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construe- struction Contract, and the Balance of the Contract Price tion Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such' pendent contractors; or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs, executors, administrators,or successors. qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, includ- struction Contract, arrange for a contract to be pre- ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts,purchase orders and other obliga- selected with the Owner's concurrence,to be secured tions. with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9. Any proceeding,legal or equitable,under this Bond Construction Contract,and pay to the Owner the may instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 in ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default; or Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails 4.4 Waive its rights to perform and complete,arrange to perform its obligations under this Bond,whichever oc- for completion,or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law,the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 2 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..,N.W.,WASHINGTON D.C.20006 THIRD PRINTING-MARCH 1987 - to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re 10. Notice to the Surety,the Owner or the Contractor shalt duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page,including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per Bond shall be construed as a statutory bond and not as a form or otherwise to-comply rwith the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 OwnerDefault: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- 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 COMPANY: SURETY COMPANY:. (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA O A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 THIRD PRINTING-MARCH 1987 /,i % ,,/ / ///./ ri o,✓ ✓/, / / // le /i MEMO M Expires December 3i;2011;: ; TH P Y IG\ \ \ \VIE i1SDRAIE SER \C \ \ BY T}IF1 PRESENTS Fes: IER � ilit 'AI�INO IN � r \:AN� �v. y : ursuance o corporation of the State of New Jersey,hereby make,constitute and appoint Glen T.Burger,, S.Treasurer,and James Surger, rest ent, p h ri edb,,,Artiele VIII section 7f the,By-Layvs of sad Compap ,which reads as follows r,' gklt �. ., / r;/ b ,, /!„ r r,� ' // � ', ri,/i r it i,,,/ /,- .„r., -.;,, , ,: / -S'/ Ce // ' / ksr!fs% LF , t{7E Oi, -, is ctb mrih Izc�ah r ✓y „,c, 2 2 i,,/i, „// �//r,„r �� �,�/ %and-su h her �e ral�r ; ,, p / s�./a /i/!, �. i i� , �i� �,,,a //...� / „r ,. / /i �,. � lf€reb nommate/constitute and a p nt Gle�i FISU gei/mod Jams'S!�urg�i��s�tru / ents and Att�T -1 e o Y execute,:seal and deliver for,and on its behalf as surety,and its act and deed: any and all bond undertakings,no one bond to exceed an aggregated penal vv.. .`v A3 .� ..v `\ v A`� A V Vv\\ v 0 Two Million a vv'; A \ \. Av ..AvA\. A\\�. A gum h lr. of.,000,0Qt10 { 1�11 � �v A. A\�,A� vvA \ vVA v ;Av\ \ ,v \, A r.v A\�, �� A... NMI .� ���:- �..� \ V A VAV .A V�\: ,AVA.,AAV\ V A "� AA AcA .AA A� A� \ .A. O AA AV A V A A V A V\ VA\ V� V A `� V�� .,.A:.;�. �y A.v\,:�v`.A, v.�A�� A�. v �� OWNS vv I V v.;vAA \ 31{1 ToleaSiireTd Px�s11wv .;Tetrr' rscri }let v vv av :� ',�'y;A VA` _y V\ V \\\ a1+I WITNESS WHEOF,the \\\ ' \\. \ \ , \ RE \\\\ \\\�\_ �\ Service Insurance Company,Inc.,this 22nd day of February,A.D-2t)09 SERVIC CE;C(1iW1PANY`INC A If / / o / '/ 'i!" / '„'// !"OLEO /i 1 STATEOF NEW JERSEY ) v vv v v AV`\ ��v v o:' \� v v y y� vya� A\ a a \v�� \ Av �.A v A \\vvy V v' \\r vy .A " \. A A \: 'IN OITYL7F IES ?, R4NG v;v ;:A\ �: AA. v � v�,Av \v�� V�. \y: v v A, v A V\\ AA.. AM, �.�\. AA Ate. � v� ;AAA ` On this 2nd day of ebruary,A.D.2t1�;l efo he\s ed; iota ilic a� came the above named Treasurer and President of The Service Insurance Company,Inc.,to me personally known tabe the individuals and officers described ' ,th /each iYle;f ex or , ,` �, b me duly � , � /i,lie � th h>that are , said icer� f ,�, �fQ �/ t�a�; ,,,� ��`,,�', /� i,,i /-✓ '/<<��� i a.:.,�:/<, .. .���,,. ,.. rp� r, /: / /,,,.,/a�; l ✓�' /;, :., a -..% � /i /, ,.::. /,...// ., v v v -v A .a \ \ -T v \ \ \ \\ °\ \:\ \\\\ \ \ \\ \ \a g \\\ \\ \\ \\\.. \\ �� \ \ 'Vi�\�,a, \.� thednilersigne PresidenC .The Service Insi-'i"iic Cp patry\I Th m� fo herd+eftth forgoing is full,true and correct copy,is in full force and effect on the date of this cerfifcate;and I rther i do fu certify hafthe Presscertvc specially rued � Bo f3` ct rstnap `nt €Alt©roe} inFaciior Aive / e ,cut"sa►d Power;nf meyassp Y; p� . /%�..// -. . / / // ,, asYa�. Ttle�rVi fI3- f�i�-+£f , C//� ,.%,! ✓/ /j A %�/ Sett tni 7 otheyr �, .> Y �3 // / r, ,,/ // :�cr ?ri .,ora ,f'/,// /„�i.. th' /I J e. ed> , fae ileder%�d € ', ow es° oIi 'Wbia?gn „. 3i :,,/ r //, / / Iii'e ,;!� /,,. / ,/L% :7,r,,; /, o ,,// , ,, r//„ ,//:o/r /G/,. i // Resolved: "Thai the facsimile or mechanically reproduced signature of the Company President;whether made heretofore'or hereafter,wherever xhe� sh \vat b i.,> ed'co afan owerattie rd a: C i U On=a.cert y. .. >:e �1' ""\... \\� .��� PX .,,. 3'p \ .. .:....\ \ .� .\� o\ \\art ,\\ \\, fixed:" �' � \\ \\ �\, �. \ •� ., .� \. � \� ��� effect°as though�uaitual Y \�\�. \\ �� �\\\ \ \,�.�. Mang�nsuran�e-Norwtbh Office Insurance Agency tt}act as LiinitedAttomey in Fact,to make;execute,seal anti deliver for and on their exc 1 i3 0 e, d, and s n eaf , ,1,0 d in o tact amount S' ,LlM 0/1 joc / ';'si3iC1 ��r � Facy esu r,r. tJ 4" i'i� /i/� COrn i ny has granted hiinlher prior apprfl�rai and furnished the bond numbef fiof the attacl�od�oni�,whN--,bT en, aged and r d at the Com an 's.home office.T, ,e Corn an s:, #nod co hopoo alanyat[ s4w,\ au vonzed f�anrls �A `\ A v �`v ,A.A v;A\v a! \y v(firmthe w i4 ..a•v " .. —V. v Ate.a 73r788 #ar=,Ibur(rservt+ce�uc� A �. y yvvvv\ ,A E. v ., �. v v r vy AAV ��; vA v ,v .. v A\vV v�v V���.� A� \.�A AA vVr �..v 'lN TES 11MONY WHEREOF,,i have hereunto`subscnbe risy name and a ixeti the Torai`e Seel o ld Co an hid r 2011 i' ,/ ,/, ter, ��/; r / i /-/ /� /.� i r: ,is': ,, / ,'i�„r'//„//%�/ %'fir % / -!, !i/j:✓ i /�, ,i/' E04/7 hf'ANYv11SED�47Po ,i / ,.i- tfal Si' u APPEAR ON BOND FORM AND POWER OF ATTORNEY \ _\ a \ \ R1 IN ` \:...� �\ o`C. S INam \\ \\\ \ \ g\ \ v v Pv vv. v �,vv v v� vRSv, �\V THE SERVICE INSURANCE COMPANY, INC. 80 Main Street, 3'd Floor, West Orange, New Jersey 07052 973-731-7650 (Phone) 973-731-7889(Fax) ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF CHENANGO BOND #: 4097N ON THE 22"d DAY OF APRIL 2011, BEFORE ME PERSONALLY CAME Molly J. Janitz, ATTORNEY-IN- FACT, TO ME KNOWN WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY, THAT SHE RESIDES IN Sherburne, New York THAT SHE IS THE ATTORNEY-IN-FACT OF THE SERVICE INSURANCE COMPANY, INC., THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE WITHIN INSTRUMENT; THAT SHE KNOWS THE CORPORATE SEAL OF SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY ORDER`< OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT SHE SIGNED HER NAME THERETO BY LIKE ORDER; AND THAT THE SERVICE INSURANCE COMPANY, INC., IS DULY AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF NEW JERSEY, NEW YORK,' PENNSYLVANIA, DELAWARE AND CONNECTICUT IN PURSUANCE OF THE STATUTES IN SUCH CASE MADE AND PROVIDED, THAT THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW JERSEY, KNOWN AS THE INSURANCE LAW; ISSUED TO THE SERVICE INSURANCE COMPANY, INC. A CERTIFICATE OF SOLVENCY AND OF QUALIFICATION TO BECOME SURETY OR GUARANTOR ON ALL BONDS, UNDERTAKINGS, RECOGNIZANCE, GUARANTIES AND OTHER OBLIGATIONS REQUIRED OR PERMITTED BY LAW; AND THAT SUCH CERTIFICATE HAS NOT BEEN REVOKED. Molly J. nitz, AT RNEY-IN-FACT NOTARY PJJ BLIC New York ch& F; P6068787 MY COMPASSION EXPIRES O �'�� �,'� x �� 20 D. Hillman & Sons LLC 3190 Westland Dr, Bouckville, NY 13310 ACKNOWLEDGEMENT OF PRINCIPAL STATE OF New York COUNTY OF ChenanaQ BOND #: 4097N ON THE 22"d DAY OF APRIL, 2011, BEFORE ME PERSONALLY CAME , TO ME KNOWN WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY, THAT HE RESIDES IN , NY THAT HE IS THE OF D. Hillman & Sons LLC, THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE WITHIN INSTRUMENT AND IS FULLY AUTHORIZED TO EXECUTE SAID SURETY BOND HEREBY ATTACHED. AND IN FULL FORCE AND EFFECT. D. Hillman & Sons LLC Type name of principal 1 NO ARY UEWC MY COMMISSION EXPIRES ON - 1 'mil L New York H 'U 7 7 ^; . ,. . THE SERVICE INSURANCE COMPANY (Statutory Basis) STATEMENT OF ADMITTED ASSETS, LIABILITIES SHAREHOLDER'S EQUITY AS OF DECEMBER 31,2009 ADMITTED ASSETS Cash &Cash Equivalents&Short Term Investments 2,848,596 Common Stocks 124,113 Bonds 6,922,040 Interest Income Receivable 59,565 Premiums &Agents Balances 321,987 Amounts Receivable from Reinsureres 142,867 Current Federal Income Tax Recoverable 5,850 ' Net Deferred Tax Asset 45,100 TOTAL ADMITTED ASSETS 10,470,118 LIABILITIES&SHAREHOLDER'S EQUITY LIABILITIES Losses& Loss Adjustment Expenses 1,029,782 Other Expenses 170,545 Taxes, licenses&fees 76,392 Federal Income Tax - Unearned Premiums 816,821 Amounts Withheld or Retained by Company for Accounts of Others 3,839,133 Miscellaneous 995 Total Liabilities 5,933,668 SHAREHOLDER'S EQUITY Common stock, par value$20 per share 50,000 shares, authorized, issued&outstanding 1,000,000 Gross Paid-In &Contributed Surplus 839,198 Unassigned funds(surplus) 2,058,674 Total Shareholder's Equity 4,536,460 TOTAL LIABILITIES&SHAREHOLDER'S EQUITY 10,470,118 STATE OF NEW JERSEY ) SS COUNTY OF ESSEX ) I, Ja s S Burger, President of Service Insurance Company, Inc., do hereby certify that the above is a true statement of It) s liabilities of said Corporation as of December 31, 2009. CJa es S Burger, President STATE OF NEW JERSEY ) SS COUNTY OF ESSEX ) Subscribed and swom before me, a Notary Public, State of New Jersey, in the County of Essex,this 1st day of March, 2010. - Maria E.Caque a Ntypublic stawOfew Jersey Notary Public _ MyonEq*- Jnm:4,2W