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Home My WebLink AboutCORRESPONDENCE - AGREEMENT MISC - AIP PROJECT NO. 3-08-0023-23October S, 2008 Mr. Joel Ilan'y, P.G,. CH21vf Hill 9193 S. Jamaica Street Inglewood, Colorado 80112 Pe: Waterford Corporation Port Collins -Loveland Municipal Airport Project Bond Number 6506274 Contract amount: $343,000.25 Dcar Mr. I Iarry: Fhe Performance and Payment Bond covering the captioned project was executed by this agency through First National insurance Company of America. We hereby authorize you, as project manager, to date the bond and power of attorney to coincide with the date of the contract. Should you need anything further regarding these documents please let me know at 303 R31-5204. Thank you. Sincerely, ,l; l Joan C. Armst ong Attorney -in -Pact First National Insurance Company ol'America Executed in six parts -Bond Numberi--6506274 PERFORMANCE BOND KNOW ALL MEN BY Tl [ESE PRESENTS: '1"laat we, tkte unCJeYsi�ne(i, _ Waterford Corporation__,y_,_,__ __ as Principal, and First National Insurance Company of America__ a corporation orgatti7kd and existing under and by virtue of the laws of the State of Washington and duly authorized to transactbusiness in the State, of Colorado, as Surety, are held and firady bound unto the Cities of Loveland and Fort Collins, Colorado, herobldv.r ref'eaTed to as the Owner, in the pettal sum of Three -Hundred hortyllmot Thousand dollars and TwenW-Five Cents (00 percent of Contract Value) (,$ 343,000,25. ), lawful money of the United Sates of America, for the payment of whiob, well and truly to be made the, said T'aincipal and the said Surety do herebybind ourselves, our heirs, exeouto% administrators, successors and assigns, jointly and severally, fiiinly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contxaat with the Cities of Loveland and Dort Collins, for improvements to Fort Collins -Loveland Municipal. Airport. under Alp Project No, 3-08-0023 23, in conformity with the Drawings, Flans, General and Special provisions, tmd Specifications prepared by CY2M ITILL of En;lewood, Colorado, which Contract, Drawings,, Plans, General and Special Provisions, and Specifications are hereby ref aTed to and made a paint hereof, the same to all intents and purposes as if written at: length herein, in which contract the said Principal has contracted to pertforna the work specified in said contract in accordance with the ternis'hereoP, INOW THEREFORE,'I'1IE CONDITIONS OF THIS OBLIGATION are such that if' the abovebonded Principal shall well, truly, and faithfully' perform said contract andany alterations in and additions thereto and coraply with all of the terms and'provisions thereof rxcept that no change wiii be made which increases the total contract price by more than 25 percent in excess of the original contract price without notice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue, and comply; and shall fully iruianuflfy and save harmless the Owner from all damages, claims, dernan.ds, expense end charge of every kind(including claims of patent infringement) arising from any act, omission, or neglect of said Principal, his agents, or employees with relation to said work; and Shall fully reimburse and repay to the Owner all costs, damages, and expenses which they may incur in miking good any default based upon the failure of the Principal to falfill 7.7EN13690IIAI/Pi APRIL 2CIR 005121 1 PERFORMANCE DOND his obligation to furnish nuuntenance, repairs or replacements fox The full guarantee period provided in the speci£ication contained herein then this obligation shall be null and void, othcrwisr, it shall reinain in full force, and effect. Norther conditions of the foregoing obligations are, such that the Principal and Surety will guarantee the, workperformed tinder this Corttmecagainst defects in workmanship perforated by the, Principal and all defects in iriatarials furnished by hirn which apprar within a, period of one calendar year. after the filial acccptance of the work by the Owner, Under this guarantee, the Principal and Surety shall repair or replace all defective workmanship and material provided _b} the f rzncipait appearing within 1 year after the, oomfAe'ticnr and acceptant, of the work., at no cast to the Owner. PROVIDEl7.F(JWMER, tbat the Surety, for value received, hereby stipulates and agrees that no change, extension oft@ne, alteration, or addition to the terra, of the, Gonixaoc or to the work. to be. performed thereunder, or the, specifications accornpanying the same shall. in any way affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alt(=tion, or addition to the grins of the Contract or to the work, or the specifications, Its WlTNR* .SS WTIJERFOF, said Principal and aurety'hive set their hands and seals at this may` day of FIRST NATIONAL INSURANCE OF AMERICA , 2008, A.D. WATERFORD CORPORATION this bond witli, Attorney-In.-Fact's authority from. the Safety to execute bond, r�3ude the date o'f'the bond.} ND OF SECTION DBN13G9473,A11P 1 005121 APIUL 2008 PERFORMA-NCE EO'N'D PAYMENT BOND NOW ALL MEN .BY THESE PRESENTS: rhatwe,theutulersigned, Waterford Corporation as Principal, and —First National Insurance Company of America a corporation oxganixed and existing. Linder and by virtue of the lairs of the State of Washington —, attd duly authorized to transact business in the State of Colorado, is Surety, are held and firmly Bound unto -the Cities of Loveland and Fort Collins, Colorado, hereinafter referred to as the Owner, in the penal sum of jhryep±tundred kqz y _Three The used do lT s arfcj Twenty -Five Cents (100 percent of Contract' Value) ($ l-l3iltLQ' . ), lawful money ofthe United Sates of America, for the payment of which well and truly to be, made the said Principal and tine said Surety do lierobybind ourselves, our heirs, executors, administrators„ successors.and assigns, jointly and severally, firmly by these presents, as follows; The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the Cities of Loveland and Prom Collins, for improvements to Fort Collins -Loveland Municipal Airport under Alp Project No. 3-08-0423-23; in conformity with the Drawings, flans, General and. Special Provisions, and Specifications prepared by CH2M l'iML of Englewood, Colorado, which contract, drawings, plans, General mid Special Provisions, and specifications are hereby referred to and made a Bart hereof, the sautes to all intents and purposes .as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof; NOW TH RBF01t4 TTTE COND TONS OP THE OBLIGATION are such that if the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by the Principal in the perfbim. aoce. of said contract and any additions thereto, except that no change will be made which increases the total contract price by morethan 25 percent in excess of the, original contract price withoutnotice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue, and comply; and shalt satisfy all claims, and domauris incurred in the pea£orinance, of said contract and shrill fully indemnify and save lxarn ie" the owner from, all damages, claims, cieniartds, axpcuse, and charge of every kind {including clainis of patent infringement) arising .from any act, ontisgion, or neglect of said - Principal, his agents, or employees with relation to said work; and shall fully reimburse and repay to the Owner all costs, damages, and expenses which they may incur in making food Dr;'N/3$9673.AI W I A'FRIL. 2008 0051:31 i PP. S`ivYEM' B OND any default based upon the failure of the Principal to fulfill his obligation to furnish inaintenanre, repairs or replacements for the full guarantee period provided in the 5pecifrc,atiomcontained herein and a condition of this bond shall be that the: Contractor shall at all timts promptly make payrnents of all arnounts lawfully due to all Persons supplying or furnishing him or his subcontractors with labor and materials used orperforuwd in the prosecution of work Provided for in the above contract, and that the undersignad will indemnify and save harmless the Owner for the extent of any and all payments in connCxition with the cazryinb out of such contract, then this obligation shall, be null and void, otherwise it shall rmmasn in full. force. and effect:. PJ0�'Tl)BD FURTHER, that if the said Contractor fails so fully pay for any labor, xnateriala, team hire, sustenance, provision,' provender, gasoline, lubricating oils, fuels, oils, geeaso, coal, or any other supplios or materials used or consumed by said Contractor or Ids subcontractors in performance of Ole work contracted to be done, the Surety 'will pay the saint: in any amount as provided by iaNx'. P OVWED FURTHER, that tine Surety, for value received, hereby stipulates and atgrees that no changa, extensionof three, alteration, or addition to the terms of the contract or the specifications accompanying the same shall in any way affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work, or the spaoificatious, IN bVrINESS WHEREOV, said Principal and Surety have set their hands and seals at M"1 Denver, Colorado—, this day of AD. FIRST NATIONAL INSURANCE AMERICA At t1 By: bond with Attorney-Tu-Pact's authority from the Surety to axecute bond, e the date of the bond.) %;NSA UP SECTION DEN/369673.AI/111 il"PYUi, 2008 OOS 131 2 PAYMENT BOND nP, y POWER First National Insurance Company of America 8afeco Plaza OF ATTORNEY Seallle, WA 98185 No. 4268 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint J OAN C. ARMSTRONG; DOUGLAS C. BAESLER; TIM MITCHELL; WENDY A. OLANDER; Boulder, CDlorad0*"****"*»«' its true and lawful atlorney(s)-m4act, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 13th day of June 2007 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13, - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. ..On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (if) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation �h this...,;,; .4zo day of �`Gr?e% S�RkN c 24 4ppPUR��A'�` -SEAL r y�'19�g 4o� STEPHANIE DALEY-WATSON, SECRETARY `nd�✓ r4FWA5��`� 5-1099/DF 4/OS ♦ � Baleco0" and the Saleco logo are registered Iradcmarks of sauce Corporation. WEB PDF r .aa 66cA