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HomeMy WebLinkAbouthighway fac contracts-20150709155915.pdf THE AMERICAN INSTITUTE OF ARCHITECTS BOND 1101126 AM Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that DANIEL J. D'AMICO'PLUMBING & HEATING CO., INC. 68 MIDDLE STREET GENEVA, NEW YORK -14456 as Principal, hereinafter called Contractor,and, INTERNATIONAL CREDIT OF NORTH AMERICA REINSURANCE, INC. 2654 BRUNSWICK PIKE LAWRENCEVILLE, NEW JERSEY''' 08648 as Surety,hereinafter called Surety,are held and firmly bound unto TOWN OF ENFIELD 168 ENFIELD MAIN ROAD ITHACA, NEW YORK 14850 as Obligee, hereinafter called Owner, in the amount of EIGHTY—TWO THOUSAND SIX HUNDRED SEVENTY-SIX DOLLARS AND 001100 — —' DOLLARS ($82,676.00 — for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, DANIEL J. D'AMICO PLUMBING & HEATING CO., INC. , Contractor has by written agreement dated APRIL 30, 201intered into a contract with Owner for HEATING WORK AT NEW TOWN GARAGE AT 475 ENFIELD MAIN ROAD, STATE RT. 327 ITHACA, NEW YORK 14850 in accordance with Drawings and Specifications prepared by RESOURCE ASSOCIATES 27 NORTH CHURCH STREET CORTLAND, NEW YORK 13045 which contract is by reference made apart hereof, and is hereinafter referred to as the Contract. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages for to be in default under the Contract, the Owner having which the Surety may be liable hereunder, the amount set performed Owner's obligations thereunder,' the Surety forth in the first paragraph hereof. The term "balance of may promptly remedy the default, or shall promptly the contract price," as used in this,paragraph, shall mean the total amount payable by Owner to Contractor under 1) Complete the Contract in accordance with its terms the Contract and any amendments thereto, less the amount and conditions, or properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must:be instituted.before'the accordance with its terms and conditions, and upon de expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, administrators though there should be a default or a succession of or successors of the Owner. Signed and sealed this 5TH day of MAY, 2011 DANIEL J. D'AMICO PLUMBING & HEATING CO., INC. pn1) (Seat) ,ASS Mde) r INTERNATIONAL T OF NORTH AMERICA REINSURANCE, f SU- (Sed)XNC (Wil—S) FRANCES A. FRAZZANO BRENDAN A. GETHINS("%. ATTORNEY—IN—FACT THE AMERICANINSTITUTE OF ARCHITECTS BOND 1101126 AM Document A311 Labor and Material Payment THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that DANIEL J. D'AMICO PLYING & HEATING CO.;, INC. 68 MIDDLE STREET GENEVA, NEW YORK 14456 as Principal hereinafter called Principal, and, INTERNATIONAL CREDIT OF NORTH AMERICA REINSURANCE, INC. 2654 BRUNSWICK PIKE LAWRENCEVILLE, NEW JERSEY 08648 as Surety, hereinafter called Surety,are held and firmly bound unto TOWN OF ENFIELD 168 ENFIELD MAIN ROAD ITHACA, NEW YORK 14850 as Obligee, hereinafter Called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of EIGHTY—TWO THOUSAND SIX HUNDRED SEVENTY—SIX DOLLARS AND 00/100 — DOLLARS ($82,676.00 - — - ) for the payment whereof Principal and Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, DANIEL J. D'AMICO PLUMBING & HEATING CO., INC. Principal has by written agreement dated APRIL 30, 201kntered into a contract with Owner for HEATING WORK AT NEW TOWN 'GARAGE AT 475 ENFIELD MAIN ROAD, STATE RT. 327 ITHACA, NEW YORK 14850 in accordance with Drawings and Specifications prepared by RESOURCE ASSOCIATES 27 NORTH CHURCH STREET CORTLAND, NEW YORK 13045 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract accuracy the amount claimed and the name of the party to with the Principal or with a Subcontractor of the Principal whom the materials were furnished, or for whom the work or for labor, material, or both, used or reasonably required labor was done or performed. Such notice shall be served for use in the performance of the Contract, labor and by mailing the same by registered mail or certified mail,' material being construed to include that part of water, postage prepaid, in an envelope addressed to the Principal, gas, power, light, heat, oil, ,gasoline, telephone service Owner or Surety, at any place where an office is regularly or rental of equipment directly applicable to the maintained for the transaction of business, or served in Contract. any manner in which legal process may be'served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as b) After the expiration of one (1) year following the date herein defined, who has not been paid in full before the on which Principal ceased Work on said Contract, it being expiration of a period of ninety (90) days after the date understood, however, that if any limitation embodied in on which the last of such claimant's work or labor was done this'bond is prohibited by any law controlling the or performed, or materials were furnished by such claimant, construction hereof such limitation shall be deemed to be may sue on this bond for the use of such claimant, "amended so as to be equal to the minimum period of prosecute the suit to final judgment for such sum or sums limitation permitted by such law. as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs c) Other than in a state court of competent jurisdiction in or expenses of any such suit. and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Courtfor the 3. No suit or action shall be commenced hereunder by district in which the Project, or any part thereof,' is any claimant: situated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any 4. The amount of this bond shall be reduced by and to two of the following: the Principal, the Owner, or the the extent of any payment or payments made in good faith Surety above named, within ninety (90) days after such hereunder, inclusive of the payment by Surety of mechanics' claimant did or performed the last of the work or 'labor, or liens which may be filed of record against said furnished the last of the materials for which said claim is improvement, whether or not claim for the amount of such made, stating with substantial lien be presented under and aganist this bond. Signed and sealed this 5TH day of ]RAY. 2011 - DANIEL J. D'AIvIICO PLUMBING & HEATING CO., INC. p ) (Seal) 1..�- l �c�• 1 (rile) INTERNATIONAL IT OF NORTH AMERICA REINSURANCE, fRe re ry) (Seal) (winess) PRANCES A. FRAZZANO BRENDAN'A. GETHINS, JR., ATTORNEY—IN—FACT CORPORATE ACKNOWLEDGMENT STATE OF: NEW YORK COUNTY OF: ONTARIO On this 9th day of May in the year of 2011 , before me personally came David D'Amico to me known, who, being by me duly sworn, deposes and says that he resides in the Cityln of Geneva , that he is the Vice President of Daniel J. D'Amico Plumbing and Heating Co„Inc., the corporation described in and which executed the foregoing instrument, that he knows the seal of the said Corporation, that the seal affixed to the said instrument is such Corporate seal,that it was so affixed by the order of the Board of Directors of said Corporation and that he signed his name thereto by like order. Notary Public shaft M.Nebm .01 Ina JNm 13, EQ0 t L-( SURETY ACKNOWLEDGEMENT STATE OF NEW JERSEY COUNTY OF MORRIs On this 5TH day of MAX, in the year 2011 before Personally comes.BRENDAN A. GETHINS,to me known; who,being sworn, deposes JR. and says that heUX resides in the town of WHIPPANY the is the Attorney-In- Fact of the International Credit of North America Reinsurance_ Inc. the Corporation described in and which executed the foregoing instrument; thatXhe kjiows the seal of the said Corporation that the seal affixed to the said instrument is such Corporate seal; that it was so affixed by the order of the Board of Directors of such Corporation, and thatmhe sicned his name thereto by like order. ((Signature & Title f 0in Eerakin. Acknowledgement) Fm ffic!: . Fsa z no Notanj Public- of tm�eew Jersey Any commission expires May 10,2012 Agency Code:WAL02 Power No:0020-434 International Credit of North America Reinsurance,Inc. (Hereinafter referred to as"Company") 100 Park Avenue,Suite 1500 New York,NY 10017 LfMrTED POWER OF ATTORNEY Know all men by these presents that INTERNATIONAL CREDIT OF NORTH AMERICA REINSURANCE,INC.,a corporation duly organized under the laws of the State of New York("Company")does hereby appoint Walter F.Foster,Michele Charette and Brendan Gethins of The Whitewood Agency Ltd.its true and lawfulAttorney(s)- in-Fact,with full power and authority hereby conferred,;to make,execute,seal and deliver for and on its behalf as surety,in general,any and all bonds,undertakings,and recognizances in an amount not to exceed the penal sum of Five Hundred Thousand($500,000)for any single obligation. The execution of such bonds or undertakings in pursuance of these presents,shall be binding upon said Company as fully and amply,to all intents and purposes;as if such bonds were signed by the President,sealed with the corporate seal of the Company,and duly attested by Secretary,hereby ratifying and confirming all the acts of said Attomey(s)-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to,and by authority of,the following Resolutions adopted by the unanimous written consent of the Board of Directors of International Credit of North America Re,Inc.on the 20th day of November,2007: "Resolved:That the President,or any Vice President,may execute for and on behalf of the Company any and all Bonds,and all other writings obligatory in the nature thereof the same to be attested when necessary and the seal of the Company affixed thereto by the Secretary,or any Assistant Secretary;and that the President,or any Vice President, may appoint and authorize Attomey(s)-in-Fact to execute on behalf of the Company any and all such instruments and to affix the seal of Company thereto;and that the President,or any Vice President,may at any time remove such Attomey(s)-in-Fact and revoke all power and authority given to any such Attomey(s)-in-Fact." "Resolved:That Attomey(s)-in-Fact may be given full power and authority to execute for and in the name of the Company and all Bonds,and all other writings obligatory;in the nature thereof, and any such instrument executed by any such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary;and further,Attomcy(s)-in-Fact are hereby authorized to verify any affidavit required to be attached to such bonds,and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any resolution of the Directors having to do with the execution of Bonds,,and all other writings obligatory in the nature thereof,and certify copies of the Power of Attorney or with regard to the powers of any of the officers of the Company or of Attomey(s)-in- Fact. This Power of Attorney is signed and sealed under the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of International Credit of North America Reinsurance,Inc.on the 20th day of November,2007. "Resolved:That the signature of the President,or any Vice President,and the signature ofthe Secretary or any Assistant Secretary may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting any bond,or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer,to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF,INTERNATIONAL CREDIT OF NORTH AMERICA RE,INC.,has caused these presents to be signed by its President and its corporate seal to be hereto affixed,duly attested by its Secretary this 7th day of January,2009. International Credit of North America Re,Inc. .p -e itiU /1 Attest; By Eric Valentin,Secretary Bridget Kutz,President STATE OF NEW YORK COUNTY OF NEW YORK On this 7th day of January,2009;before me personally appeared Bridget Kutz,President and Eric Valentin,Secretary,of International Credit of North America Reinsurance, Inc.,personally known to me to be the individuals and officers described in and who executed the preceding instrument,and they acknowledge the execution of the same,and being duly sworn by me, sayeth that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers are duly affixed and subscribed to the said instrument by the authority and direction of said Company. DiANNIE YOUNG itiQFftRY PUBLIC OF NEW JERSEY mly co"VIISSION EXPIRES 6-30.201E Notary.Public CERTIFICATE I,the undersigned Chairman of the Board of International Credit of North America Reinsurance,Inc.a New York Corporation,do hereby certify that the foregoing Power of Attorney is in full force and has not been revoked;and furthermore,that the Resolutions of the Board of Directors set forth in the Power of Attorney are now in force. Signed and sealed at the County of New York Dated this5T day of MAY, 120 11. Rafael Agliata,Chairman of the Board q, ICNA Re, Inc. 2654 Brunswick Pike Lawrenceville, NJ 08648 1-866-459-4262 FINANCIAL STATEMENT as of March 31,2009 Statutory Basis Bonds $ 0 Reserve for Losses and Loss Expense $_9,190 Stocks 115,230 Reserve for Unearned Premium _217,722 Cash&Short-Term Investments 2,144961 Reserve for Expenses,Taxes,Licenses 0 And Fees Agents'Balances or Uncollected 0 Funds Held Under Reinsurance Treaties 0 Premiums Reinsurance Recoverable on Loss 0 Other Liabilities 21,963 Premiums Other Admitted Assets _ 560 Capital Stock 1,000,000 Surplus 1,011,875 TOTAL POLICYHOLDERS SURPLUS 2,011,875 TOTAL LIABILITIES AND POLICYHOLDERS TOTAL ASSETS $2,260751 SURPLUS $2,260,750 Bonds and stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at$1,558,283 in the above statement are deposited as required by law. CERTIFICATE Bridget Kutz, President, and Eric Valentin, Secretary and Treasurer of ICNA Re, Inc., being duly sworn each for himself,deposes and says that they are the above described officers of the said Company and that on the 31st day of March 2009, the Company actually possessed the assets set forth in the foregoing financial statement, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of said Company on the 31 st day March,2009,according to the best of their information, knowledge and belief. President Treasurer LAA-NNE YOUNG NarARY PUBLIC OF NEW JERSEY STATE OF NEW YORK ) kXVC MMI SIONexPIRess-S&MO COUNTY OF NEW YORK ) On this 30th Day of April,2009,before me came the above named officers of ICNA Re,Inc. to me known to be the individuals and officers described herein, and acknowledge that they executed the foregoing instrument and affixed the seal and said corporation thereto by authority of their office.