No preview available
HomeMy WebLinkAbout131339 UNIVERSITY DESIGNERS AND BUILDERS - CONTRACT - BID - 5974 NIX BARN RESTORATIONSECTION 00610 PERFORMANCE BOND Bond No.P76612 KNOW ALL MEN BY THESE PRESENTS: that (Firm) UNIVERSITY DESIGNERS &.BUILDERS,_INC.. (Address)3120 AbbAbbotsford St. Fort Collins,.CO 80524. (an ), (a(a Corporation), hereinafter referred to as the "Principal" and (Firm) PIONEER GENERAL.INSURANCE.COMPANY (Address) 6780 E..HAMPDEN AVENUE. DENVER C0 80224 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Seventy Seven Thousand: Dollars ($77 000) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 17th day of May, 2006, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collirts project,5974 Nix Barn Restoration. t NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER All outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED,. FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument ils executed in three (3) counterpparts, each one of which shall be deemed an original, this 13THday of December 2006. IN PRESENCE OF: Princi 1 MARK S. Thorburn, .President. (Tit ) Seal) 3 O OF: (Address) lode(aotd Colo, S�o sa7 (Surety Seal) By;Terri A. Thorburn, Secretary Surety I By: Weedin, Attornev in J t NOTES Date of Bond must not be prior`to date of Agreement. If CONTRACTOR is Prtaership, all partners should execute Bond. + a 7/96 Section 00610 Page 2 PIONEER GENERAL INSURANCE COMPANY Denver, Colorado POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: P 76614 ORIGINAL IS MULTICOLORED That the PIONEER GENERAL INSURANCE COMPANY, a corporation of the State of Colorado has Its principal office In the City of Denver, Co1orad6 pursuant to the following By-law, which was adopted by the Board of Directors of the said Company In 1990, to wit: 'Ardde VI - Section 2 - RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice -Presidents and Atomeys-In-Fact, with the power and authority to sign, execute, acknowledge and deliver on Its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time, does hereby make, constitute and appoint *** KENNETH R. WEEDIN, LAWRENCE WEEDIN, ERIC W. WEEDIN *** An LO'VELAND, COLORADO Its true and lawful Attomey(s)-In-Feet, to make, execute, seal and deliver for and on its behalf, as Surety: And any and allaxidartakings 01 egretyship And the execution of such bonds or undertakings in pursuance of these presents, shell be as binding upon said Company, as fully and amply, to all Intents and purposes, as if they had been duty executed and athfmWedged by the regularly elected officers of the Company at Its offices in Denver, Colorado, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Pioneer General Insurance Company, held on June 1, 1990. 'RESOLVED, That the so atures of officers of fta Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article VI - OSeodon 2 of the Company By-laws; and that any such Power of Attorney bearing such facsimile signatures, Including the facsimile signature of a certifying Assistant Secretary and facsimile seal shell be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it Is attached., All auttority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, PIONEER GENERAL INSURANCE COMPANY has caused these presents to be signed by its President and Its corporate seal to be hereunto of ixod this 15th day of August , 2005 . PIONEER GENERAL INSURANCE COMPANY Secretary , �� State of Colorado ) County of Arapahoe ) as. BY PRESIDENT „Otithis loth day of August 2 005 before me personally came Bruce H. Lowdermilk to who being be me duly sworn, did depose and say that (s)he resides in the County of Adams, State of Colorado; that (s)he is the President of the PIONEER IN§URANCE COMPANY, the corporation described in which executed the above Instrument; that (s)he knows the seal of said corporation; that the seal affixed to the -?Aid 116 NnmehtJs such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that f}Vlawq gV)-tteotiy)n 2; adopted by the Board of Directors of said County, referred to in the preceding Instrument, is now in force. `j u 1/18/2007 N�: Notary Public ti et; nou,a� m y .. )wI. J. Frick Secretary of PIONEER GENERAL INSURANCE COMPANY, do hereby certify that the above and t6regolng ie a true end correct copy of a Power of Attamey executed by said PIONEER GENERAL INSURANCE COMPANY, which is still in full force and effect. Signed and sealed at the City of Deriver. Colorado this 13TH day of December ��2006 P133 Secretary //k/(r SECTION 00615 PAYMENT BOND Bond No.P76612 KNOW ALL MEN BY THESE PRESENTS: that (Firm) UNIVERSITY DESIGNERS & BUILDERS, INC. (Address) 3120 Abbotsford St. Fort Collins, CO 80524 (an (a XIDDOOMEEMPIN, (a Corporation), hereinafter referred to as the "Principal" and (Firm) PIONEER GENERAL INSURANCE. COMPANY (Address)6780 E. HAMPDEN AVENUE DENVER, CO 80224 hereinafter referred to as "the' Surety", are held and firmly bound unto the City of Fort Collin#, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sun of Seventy Seven Thousand Dollars ($77,000) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. i THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 17th day of May, 2006, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5974 Nix Barn Restoration. NOW, THEREFORE, if the Principa� shall make payment to all persons, firms, subcontractors, and corpp!�.rations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized {{{;11Vextension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such WoJk, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, t n this obligation shall be void; otherwise to remain in full forceland effect. 7/96 Section 00610 Page 3 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. F IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 13TH day of December , 2006. IN PRESENCE OF: (Title) y G H,aav' ,yuu� tyr.%sate Seal) ENCE OF Lid IN RRESENCE OF: Principal By: Mark S. Thorburn, President LCCi"1 A. inorourn, secretary . ,gy:Lawrence (Address) A400eta�A'Colo• (Surety Seal) S'os'37 A., NOTE: NOTE: Date of Bond must not be prior to date of Agreement. q�[ d' k� If CONTRACTOR is Partnership, all partners should executeF" eo 7/96 Section 00610 Page 4 PIONEER GENERAL INSURANCE COMPANY Denver, Colorado POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: P 76615 ORIGINAL IS. MULTICOLORED That the PIONEER GENERAL INSURANCE COMPANY, a corporation of the State of Colorado has Its principal office in the City of Denver, Colorado pursuant to the following By-law, which was adopted by the Board of Directors of the said Company In 1090, to wit: 'Article VI - Section 2 - RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice -Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, adowMedge and deliver on its behalf. as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice-president, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time, does hereby make, constitute and appoint *** KENNETH R. WEEDIN, LAWRENCE WEEDIN, ERIC W. WEEDIN *** OF LOVELAND,COLORADO its true and lawful Attorney(s)-In-Fact, to mate, execute, seat and deliver for and on Its behalf, as Surety: And any and alundeftefdrig9 dfsyrelyship And the execution of such bonds or undensldngs In pursuance of these presents, shag be as binding upon said Company, as fully and amply, to all Intents and purposes, as 0 they had been duly executed and acknowledged by the regularly elected officers of the Company at Its offices in Denver, Colorado, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Pioneer General Insurance Company, held on June 1,1990. ,RESOLVED. That the signnet res of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed In accordance with Article VI - 'Section 2 of the Company By-laws; end that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, underti or contract of suretyship to which it Is attached., All authority hereby conferred shall remain In fug face and affect until terminated by the Company. IN WITNESS WHEREOF, PIONEER GENERAL INSURANCE COMPANY has caused these presents to be signed by its President and Its corporate seal to be hereunto aftlxecithis 15th day of August - 2005 . PIONEER GENERAL INSURANCE COMPANY State of Colorado ) Secretary County of 4�Arapahoe ) as. BY PRESIDENT On thl th day or Autaust 2005• before me personally came Sruce H Lowdetl milk to m . ng be me duly awom, did depose and say that (s)he resides in the Count' of Adams, State of Colorado; that (s)he Is tire President of the PIONEER COMPANY, the corporation described in which executed the above instrument that (s)he knows the seal of said corporation; that the seal affixed to Hr°r.. uch corporate seal; that h was so affixed fry order of the Board o} Directore of said corporation; that (s)he signed (his) (her) name by like order; and that .._ 1 cord, by the Board of Directors of said County, referred to in the preceding Instrument, is now In torte. 1/18/2007 t' .a' �,; arr . iFr i;. • 1. M. e5'•.� %0- 8 Notary Public (� CF CW-C I, M.J. Frick Secretary of PIONEER GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PIONEER GENERAL INSURANCE COMPANY, which is still in full force and effect. Signed and sealed at the City of Denver. Colorado this 13TH day of December 2006 P133 Secretary -29¢ ?/A;—�