HomeMy WebLinkAboutRESPONSE - BID - 7048 MASON BIKE PEDESTRIAN TRAIL (18)BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Duran Excavating, Inc.
as Principal, and Ras Surety, are hereby held and firmly bound unto the City of
Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent (5%) of Bid Amount for the
payment of which, well and truly to be made, we hereby jointly and severally
bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Fort Collins, Colorado the accompanying Bid and
hereby made a part hereof to enter into a Construction Agreement for the
construction of Fort Collins Project, 7048 Mason Bike/Pedestrian Trail -
Spring Creek to Prospect Road.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said
Bid, then this obligation shall be void; otherwise the same shall remain
in force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its BOND shall be in no way impaired or
affected by any extension of the time within which the OWNER may accept such
Bid; and said Surety does hereby waive notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in
the State of Colorado and be accepted by the OWNER.
—Western Surety Company
Rev10/20/07 Section 00410 Page 2
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this 24th day of July , 200 , and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set
forth above.
PRINCIPAL
Name: . Duran Excavating, Inc.
Address: 418 R 9th Avenue
Rev 10/20/07
SURETY
Western Surety Company
101 S. Phillips Avenue
Section 00410 Page 3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and thaf it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Valerie R Partridge, Penny R Burkard, Russell D Lear, Melanie A Lathouwers, Katherine E
Dill, Royal R Lovell, Brandi J Tetley, Individually
of Greeley, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 9th day of March, 2009.
,.• WESTERN SURETY COMPANY
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Paul . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha ss
On this 9th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
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CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and furthercertifythat the By -Law of the corporation printed on the reverse hereof is still in force.
In testimony whereof I have hereunto subscribed
my name anth'affixad [herseal of the said
corporation this day of
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L. Nelson, Assistant Secretar
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Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and.executed pursuant to and by authority of the following By-Law,duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
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