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HomeMy WebLinkAbout398103 B & W GLASS INC - CONTRACT - BID - 7198 WINDOW REPLACEMENT AT CITY HALL (2)I 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) ' FROM: BaW Glass, Inc. (CONTRACTOR) - PROJECT: 7198 Window Replacement at City Hall , 1. The CONTRACTOR acknowledges having received payment, except retainage ' from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. ' 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, ' the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or ' assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against ' the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have , been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project , or against the OWNER or its officers, agents, employees or assigns arising out of the project. ' 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out. of the ' Reyiorzorot Section 00650 Page 1 I I project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. S. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. I Signed this 1.-3 day of o���*�/�7`y✓ , 20 �. CONTRACTORIYX/(/��/p/,/,. ' Title: ATTEST: ' Secretary wyom � aG STATE OF AZOLORAW ) )ss. COUNTY OF bhRfMBR ) ,-A R,A rn' 6 ' Subscribed and sworn to before/I me this ,23 day of 2011, by witness my hand and official seal. My Commission Expires: 8/ // 7 uVl A, 'N N�. `"p�PII�IC t COUNTY OF STATE OF WVIMIE WYOMING MY COMMISSION _ FIE"Wq_3s _14 1 Rev 10/20107 Notary Public Section 00650 Page 2 SECTION 00660 Bond# 105519106 CONSENT OF SURETY To: Cit of Fort Collins, Colorado (hereinafter referred to as the "Oc'7NER") _ CONTRACTOR: B&47 Glass inc. PROJECT: 7198 Window Replacement at City Hall CONTRACT DATE: March 1, 2011 NERthe In accordance with the provioions of the Contract between the OWCom and of America CONTRACTOR as indicated abave, forT a el (Surety) on bond of B & W Class Inc. 2200 E 15 Cheyenne, WY 82001 -he reby approves of the Final Payment to the CONTRACTOR, and agrees that Final ter" Payment to the CONTRACTOR shall not relieve the Surety Company.of any of its rt,e° obligations to the OWNER, as set forth in the said Surety Company's Bond. CJ ,vr�?iN WITNESS.,roHEREOF, the Surety Company has hereunto set its hand this a, Seritember 28, 2011 a..... .:-.d__� 4 0. {�= Company) Travelers Casualty&.Surety Company of America �(Suioty p Y1 Sy Dana L. Gregory Attorney -in -Fact ATTACH: Power of Attorney and Certificate of Authority of Atcorney(s)-in- Fact. I�. as Y) 1 Rcv V/20191 Section 00660 Page 1 I AA. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223688 Certificate No. O O 4 2 3 1 3 2 4 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the Stale of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dana L. Gregory, Marisa L. Hilton, Neal H. Gehring, Rebecca R. Whitlock, and Patti J. Layhue of the City of Cheyenne , State of Wyoming , their true and lawful Anomey(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, reeognizanees, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in them business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any,aetions or,proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this insstrum nt to ®igned'a iir core ra�eals to he hereto affixed, this 9[h day of June Farmington Casually Compaoy`�v' Fidelity and Guaran[y�Insuraan eIComport I NO Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company N0JRPAPmreNRO a "OteYa ' MR"%1a`:�SBdLp Cosa83 19]]g s y �Op State of Connecticut City of Hartford ss. By: Ccorg Thompson, tor ice President On this the sill day of June 2011 , before me personally appeared George W. Thompson. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,Tl7 In Witness Whereof, I hereunto se[ my hand and official seal. � My Commission expires the 30th day of June, 2011. O p��,Gs Marie C. Telre utt, Notary Public 58440-4-09 Printed in U.S.A. THIS POWER OF ATTORNEY IS INVALID