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HomeMy WebLinkAbouthigh fac contr a-20150709160442.pdf THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 4097N 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): D.Hillman&Sons LLC Tm, Service R=arlce fly, Im• 80 Main Street, 3rd Floor 3190 Westland Drive, Bouckville NY 13310 Ynlest Orrge, New Jersey 07052 OWNER(Name and Address): Town of Enfield 168 Enfield Main Rd., Ithaca NY 14850 CONSTRUCTION CONTRACT Date: 4/22/11 Amount: $ 952,900 Description (Name and Location): Construction of Highway Garage,475 Enfield Main Rd.,State Route 327,IthacaNY 14850 BOND Date(Not earlier than Construction Contract Date): 4/22/11 Amount: $952,900 — Modifications to this Bond: [x]None 1 ] See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: SURETY COMPANY:TIE Service hFr_G=lC`e , hm- D.Hillman& Sons LLC (Corporate Seal) (Corporate Seal) Signature: Signature. " a") Name and Titl Name and Title: Molly J.Janitz rney-in-Fact (Any additional signatures appear on page 6) 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® 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 ofthe 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 8. Amounts owed by the Owner to the Contractor under for the payment for labor,materials,or equipment fur- the Construction Contract shall be used for the perfor- nished for use in the performance of the Construction mance of the Construction Contract and to satisfy claims, Contract, provided the Owner has promptly notified if any, under any Construction Performance Bond. By the Contractor and the Surety(at the address the Contractor furnishing and the Owner accepting this described in Paragraph 12)of any claims,demands, Bond, they agree that all funds earned by the Contractor liens,or suits and tendered defense of such claims, in the performance of the Construction Contract are demands,liens or suits to the Contractor and the dedicated to satisfy obligations of the Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants,this obligation shall be the Surety under this Bond,subject to the Owner's prior- ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable to the Owner, Claimants ment, directly or indirectly,for all sums due. or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be 4. The Surety shall have no obligation to Claimants liable for payment of any costs or expenses of any Claim- under this Bond until ant under this Bond, and shall have under this Bond no obli- 4.1 Claimants who are employed by or have a direct gations to make payments to,give notices on behalf of, or contract with the Contractor have given notice to the otherwise have obligations to Claimants under this Bond. Surety(at the address described in Paragraph 12)and 10. The Surety hereby waives notice of any change, sent a copy, or notice thereof,to the Owner,stating including changes of time, to the Construction Contract that a claim is being made-under this Bond and,with or to related subcontracts, purchase orders and other substantial accuracy, the amount of the claim. obligations. 4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced by a Claimant with the Contractor: under this Bond other than in a court of competent juris- .1 Have furnished written notice to the Con diction in the location in which the work or part of the tractor and sent a copy,or notice thereof,to work is located or after the expiration of one year from the the Owner,within 90 days after having last date(1)on which the Claimant gave the notice required by performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last equipment included in the claim stating, with labor or service was performed by anyone or the last mate- substantial accuracy,the amount of the claim rials or equipment were furnished by anyone under the Con- and the name of the party to whom the struction Contract,whichever of(1)or(2)first occurs. If the, materials were furnished or supplied or for provisions of this Paragraph are void or prohibited by law, whom the labor was done or performed; and the minimum period of limitation available to sureties as a .2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall be applicable. in part from the Contractor, or not received 12. Notice to the Surety,the Owner or the Contractor within 30 days of fumish ng the above no- shall be mailed or delivered to the address shown on the tice any communication from the Contractor signature page. Actual receipt of notice by Surety,the by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall claim will be paid'directly or indirectly;and be sufficient compliance as of the date received at the .3 Not having been paid within the above 30 address shown on the signature page. days,have sent a written notice to the Surety 13. When this Bond has been furnished to comply with a (at the address described in Paragraph 12)and statutory or other legal requirement in the location where sent a copy, or notice thereof,to the Owner, the construction was to be performed, any provision in this stating that a claim is being made under this Bond conflicting with said statutory or legal requirement Bond and enclosing a copy of the previous shall be deemed deleted herefrom and provisions con- written notice furnished'to the Contractor. forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance. AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A312-1984 5 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 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 Contractor and the Contractor's subcontractors, and 14. Upon request by any person or entity appearing to be a 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. 15.2 Construction Contract: The agreement between 15. DEFINITIONS the Owner and the Contractor identified on the sig- nature page,including all Contract Documents and 15.1 Claimant: An individual or entity having a direct changes thereto. contract with the Contractor or with a subcontractor of 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 AREAS 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 PERFORMANCE BOND ANDPAYMENT BOND DECEMBER1984 ED.AIA® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING-MARCH 1987 IlIll BOND iYO. Expires December 31,7-11 IHESEHYICI1SllRANG�£ SPY11'�1�. POWER R OF A�� KNOW ALL MEN BY TRESS PRESENTS: #330 -603rang 0 f a corporation of the State of New Jersey,hereby make,constitute and appoint Glen T.Burger, 'Treasurer,and lances ,BurgerPrestdent;in pursuane c a€ authority granted by Article vlll,Section 7 of the By-Laws of said Company,which reads as follows: 'CONTR14 CTS The Board of Directors may authorize any officers to execute arty surety band instrument In the name of and on iehtrl f rrf the corporation,and such authority may be general or confined to specific instances. Does hereby nominate,constitute and appoint Glen T.Aurger and James S,Burger,,its true and l 1`fil11`1 ,6it9andA*lm0y(�4mth K rd n�aice „ execute,seal and deliver for,and on its behalf as surety and its,act and deed: any and all bond undertakings,zpo one, beets an'�e atekl 1 nal sum liability of$2,000,000.00(Two Million Dollars). #N WITNESS WHEREOF,the said freasureFandl=reiden� avt hereuritosulliscribeltieitnesxedthe CgrposteThei whir Service lnsuranceCorrpany.',lnc.,this 22rtd dayof Fe6tuary, D- GLEI�iT BURGER,TREAS 1°tM1E$S_BtI,1tGERPR $1DEI*tT i Yl STATE OF NEW JERSEY ) � ) SS CITY OF WEST ORANGE ) On this 22nd day of February,A.D.2009,before the subscribed,a Notary Public of the State of New Jersey,duly commissioned and gtialrfted, came the above named Treasurer and President of The Service Insurance Company,Inc.,to me personally knyln be the�ndttMmdttalsdicers �{it* r in and who executed the preceding instrument,and they each acknowledge the execution of the same and;being b me duly arti?m sexleiall 'ati ''each'ilnr'' li l.. himselFdeposeth the saith,that they are the said officers of the Companynforesaid,and that theseal is affixed to 01�Piecedmgiinstruutpnts �p��,i�he�oipox��'�,'�;'. Seal of said Company,and that the Corporate Seal and their signatures as such officers were duty affixed and subscribed to the said instruriient;by ttte authority and direction of the said Corporation. iauas Notazyrobhe atute o�I+Iesr,7�aY ' ICty� Notary Pub�e teethe 54 pf � y�'i "�I'�' CERTiF ATE xuae4 22 � k xv te�l�u� 1,the undersigned,President of The Service Insurance Company,Inc.,The Company, do hereby certify that the orginal 'ow ofAtttilite} tr rt forgoing is full,true and correct copy,is in full force and effect on the date of this certificate,and(do fit cr certify that f c}?ressc#ert lobo _ executed the said tower of Attorney was specially authorized by the Board of Directors to appoint aCy�Attorney in Fact as prtrvtd its l r lc V I II,Section 7,of the By-Laws-of ljo S vice Itrxurant nparry 1 This Certificate may be sued try III - the u- - ley out rrty oft fa#iowingt oft en.of tl of Drr r I S Coin may' _ — Resolved: "That the facsimile or mechanically reproduced signature of the Company President,wl ethefmadc heretofore Qr,hereafterawhereve"r appearing;upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company withThe same f�irce and effect as though manually affixed." David Crain,Cheryll'lllt.Meade,M61:ly J.�Jani#z and Leah Furthermore.The ComAanv aimoint(s) � Mang Insurance-Nortwich Office Insurance Agency to act as Limited Attorney in 1 act,to mato,execute seal and delier#or and'oti them I, behalf bid bonds not to,exceed$100,000 in face amount and performance bonds not to exceed$1,##}00,000 in eontrict amount.`-, atti I mp#ed, A#torney{s}in Fact shall obtain prior approval confirmed in wr ting from the!Gornpany�wifh a bond ri�rnber provtde�i:#ry the Company's home office prior to issuing any bonds. Said Lied Attorneys)infact byxeh�dhb = rants urlatl _h Gorttparty has granted biro/her prig approvat`a�ft tslt ,the d urnbeMr l e �t nd �l ra e ► recorded at the company's h©rne office Thy aoor: $o crail<nsrrs; and the Obligee may confirm the validity of the attached bond on-receipt by contacting e.Cotnpny 1p ivrng at g , 731-7889{fax}or Jburgerti7serviceinsurancecomnanV.com. IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed,the Corporate Seal afthe said-Company this� duy o 2011. COMPANY EMBOSSED CORPORATE SEAL MUST Origin S nature of Limi ttom in Fact e APPEAR ON BOND FORM AND POWER OF ATTORNEY B I THE SERVICE INSURANCE COMPANY, INC. 80 Main Street, 3`a 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. U&� Molly J. anit ,ATT NEY-IN-FACT f O ARY UBLIC � U.€ PPADU IA ¢�q b, _ � t f Jew Y®rk E�"4f0€NY k �� € ry S MY COM ISSION EXPIRES ON(� `� `' p0 y s �€ rxxv� p d A33 0 8787 J/{L)�// '.' ts6 }p u6r M'6 .'ib [s&n,k7 eCa4 20.{....f D. Hillman & Sons LLC 3190 Westland Dr. Bouckville, NY 13310 ACKNOWLEDGEMENT OF PRINCIPAL STATE OF New York COUNTY OF Chel3ango 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 3 ` ARY , BL C - MY COM SSION EXPIRES ON �= vLL d.6' k0P10J04' Nofar, jj ij Mare of New York Gn P�r,666767 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 4,536,450 TOTAL LIABILITIES&SHAREHOLDER'S EQUITY 10,470,118 STATE OF NEW JERSEY ) SS COUNTY OF ESSEX ) 1, JarSr/Burger, Burger, President of Service Insurance Company, Inc., do hereby certify that the above is a true statement of Mliabilities of said Corporation as of December 31, 2009. LJa President STATE OF NEW JERSEY ) SS .. COUNTY OF ESSEX ) Subscribed and sworn before me, a Notary Public, State of New Jersey, in the County of Essex, this 1st day of March, 2010. MariaB.Cer uo a Nota1public stmOfNMJerwy Notary Public - My JC °o1w