HomeMy WebLinkAboutAddenda - BID - 6090 THREE PHASE LARGE OUTDOOR 115KV POWER TRANSFORMERS (2)SECTION 00610
PERFORMANCE BOND
Bond No.013019799
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Waukesha Electric Systems, Inc.
(Address) 400 South Prairie Avenue, Waukesha, WI 53186
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and
(Firm) Liberty Mutual Insurance Company
(Address) 175 Berkeley Street, Boston, MA 02117
hereinafter referred to as "the
sum of
are held and firmly bound unto
t2 a (Municipal Corporation) her
as
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,2Ldayof July ,2Q,Q$,acopy ofwhich
is hereto attached and made a part hereof for the performance of The City of Fort Collins project,
30/40/50 MVA 115/13kV Medium Power Transformer - 1,TC
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.
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 is executed in four (4) counterparts, each one of which
shall be deemed an original, this 30th day of July 2008
IN PRESENCE OF: f
(Corporate Seal)
IN PRESENCE OF:
Princip
By: _
Le-V),u 1 � � l/��
cTitle> —�,
Waukesha Electric Systems, Inc.
400 South Prairie Avenue, Waukesha, WI 53186
(Address)
0
By:
I RE81�`NCE OF:
Li
Attornt
(Surety Seal)
Other Partners
Surety
ty Mutual Insurance Company
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No, 013019799
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Waukesha Electric Systems, Inc.
(Address) 400 South Prairie Avenue, Waukesha, WI 53186
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm) Liberty Mutual Insurance Company
(Address) 175 Berkeley Street, Boston, MA 02117
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 000
Laporte Ave., Fort Collins Cgl rade 80522 a (Municipal Corporation) hereinafter referred to as "the
OWNER", in the penal sum of Iwo Mllron Seven Hundred Thousand Six Hundred
F.ig -six & 00/100-------- _4$2 701)06.00 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 the28 day of Ju1�, .2008,acopy ofwhich
is hereto attached and made a art hereof for the performance of The City of Fort Collins
project, 30/40/50 MVA 115/13%V Medium Power Transformer - LTC
NOW, THEREFORE, if the Principal shall make paymentto all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for
in such Agreement and any authorized extension 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 Work, and all insurance premiums on said Work, and for all
labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be
void; otherwise to remain in full force and effect.
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 is executed in four (4) counterparts, each one of which
shall be deemed an original, this 30 ' day of July g008.
IN PRESENCE /OF:
(Corporate Seal)
IN PRESENCE OF:
By:
(Surety Seal)
Principa
By: 4R1
(W a)ukesha Electric Systems, Inc.
400 South Prairie Ave. Waukesha WI 53186
(Address)
Other Partners
By:
Surety
61 Liberty Mutual Insurance Company
Att r ey-in-Fact)
f .Ar . t _
(Address) Marsh USA Inc., 200 Ottawa Ave. N.W. #700
Grand Rapids, MI49503
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2147652
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS; That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
DREW BRACH, BRIAN COOK, LORETTA A. PERETTI, JULIE DENMAN, ALL OF THE CITY OF GRAND RAPIDS, STATE
OF MICHIGAN ..............................
...............................................................................................................................................................................................
each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, an .and all undertakings, bonds, recognizances and other sure oblig9ations in the penal sum not exceeding
THIRTY MILLION AND 00/100********** ******** DOLLARS S 30,000,000.00***** p
( )each, and the
execution of such undertakings, bonds, recognizances andother surety obligations, in pursuance of these presents,shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Companyin their own proper persons.
That this power is made and executed pursuant to and by authority. of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 29th day of MM
2007
LIBERTY MUTUAL INSURANCE COMPANY
ry�� �f�t Byl v-�--- � /,✓ i—i��
\L j( COMMONWEALTH OF PENNSYLVANIA ss Garnet W. Elliott, Assistant Secretary
COUNTY OF MONTGOMERY
On this 29th day of May 2007 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WHEREQ'r, f have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written , V
cti�rt�rry atnn t nv
4 a 3 i Y
By _
r 4"rrc r , r , t ho t Teresa Pastella, Notary Public
CERTIFICATE
I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, dohereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the: president to: appoint -attorneys -in -fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 30th day of
.Tn 13r 2008
21)
\1
By f 0
\ David M. Carey, Assiis alit Secretary
Notary Acknowledgement of Surety
State of Michigan
County of Kent } ss:
On July 30, 2008 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Loretta A. Peretti
I<nown to me to be Attorney -in -Fact of Liberty Mutual Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and be duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeairstated in this certificate above.
My Commission Expires December 6, 2010
Julie Demn4u, Notary Public