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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7506 SPRING CREEK TRAIL CONNECTION CENTER AVE TO MASON TRAILEMC, Insurance Companies HOME OFFICE OR BRANCH SERVICE OFFICE — DES MOINES, IOWA P] Employers Mutual Casualty Company ❑ Dakota Fire Insurance Company ❑ EMCASCO Insurance Company ❑ Illinois EMCASCO Insurance Company ❑ Union Insurance Company of Providence ❑ EMC Property & Casualty Company ❑ Hamilton Mutual Insurance Company ENDORSEMENT RIDER ATTACHED TO AND FORMING PART DATE ENDORSEMENT EFFECTIVE DATE OF BOND OR POLICY NO. OR RIDER EXECUTED OF ENDORSEMENT OR RIDER S391127 07/01/2013 06/13/2013 Obligee: City of Fort Collins Principal: Walsh Construction, Inc. 8139 Open View Place, Loveland, CO 80537 It is hereby agreed that the words: 11 Project, 7501 Turnberry Road Landscape & Irrigation Project are hereby deleted, And the words, Project, 7506 Spring Creek Trail Connection - Centre Avenue to Mason Trail are hereby substituted therefore, Provided that, no amount carried under the Bond during any period shall be cumulative with the amount or amounts carried under the Bond during any other period or periods. ACCEPTED: By: By: 7001.1(5-99) By. JV Attorney -in -Fact A ley K. Anderson SECTION 00610 PERFORMANCE BOND Bond No. S391127 KNOW ALL MEN BY THESE PRESENTS: that (firm) Walsh Construction, Inc. (address) 8139 Open View Place, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50306 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 • 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, finely by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 5 day of June , 20 13 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7501 Tumberry Road Landscape 8 Irrigation Project. ; NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditionsand 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. One Hundred Six Thousand Dollars and No Cents ($106,000.00) /EMCInsurance Companies. P.O. Box 712 • Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ASHLEY K. ANDERSON, JONATHAN B. LAND, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: ANY AN D ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -tact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals .: y540 WSUgyry. ,� `E GOw4"" ,C`4P4Y & CqS. - `0 vOgaJf _ O _ = P pPVOq�J OXgJ SEAL is 1863�-'0'_ 1953f - �i,'•, r f r ;, Iowa •' Y IOWA *y N9 �� 30 INN `NSUMNCEC., ,� PE,N&UgaN�;'•. :: IJ,Ui U4� q'., _P4 `QplOflq f�, °q': 4 40p/OflgJF :00 :,gip: pP/OgglP..�'� =5 SEAL = ? _oi SEAL SEAL =o= -..'a`, ,tip, ,'q,j;••, -P. ` Ionn p' "•. °qrN °Ak° ,: ., gro,rrts boa:: - �N,UTUA rN 1 UTUq v9 pPui LAUREL A. BLOSS COMMISSION NO. 183662 ��sAk.pa MY COMMISSION EXPIRES �arNE5. 1e1t rows' _. '3 ,_1l`i Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 i4z �W Michael Freel Assistant Secretary On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of the Companies above, that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. _ In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 day of 2013 �-� Vice President TRANSMITTAL DATE: 'June 17, 2013 TO: City of Fort Collins Purchasing 215 North Mason St. Fort Collins, CO 80522 A-6 T�Mn REFERENCE: 7506 Spring Creek Trail Connection- Centre Ave to Mason Trail ❑ URGENT X PLEASE PROCESS X FOR YOUR USE REMARKS: A-5c. 5-"-d �yyCk— h, A6, Hi John, Our bonding company noted an error on our Payment/Performance Bonds for the above referenced project. I enclosed a copy highlighting the error. The bonding company generated an "Endorsement Rider" to correct this error. Please accept this Rider and return a signed copy to Walsh Construction so I may inset with our contract documents. Thank you and if you have any questions please do not hesitate to call. BY: /,Z,� NANCY HALL, OFFICE MANAGER I I I I I I I I 1 I I I I matl@walshconstrucdon.us 8139 Open View Place • Loveland, CO 80537 (9 70) 622-822 7 • Fax-(9 70)2 78-9396 City Of F6rt Collins Purchasing July 16, 2013 Walsh Construction Inc Attn: Matt Walsh 8139 Open View Place Loveland, CO 80537 Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov. com/purchasing RE: 7506 Spring Creek Trail Connection - Centre Ave to Mason Trail Dear Mr. Walsh: Enclosed please find your copy of the signed above -mentioned atter. Si c. rel , erry S. aul Director of Purchasing & Risk Management Encl: Agreement GSP: bd Performance/Payment bonds for the City/ Of ort Collins Purchasing LETTER OF TRANSMITTAL To: Craig Kisling, Park Planning From: John Stephen, CPPO, LEED AP, Senior Buyer Purchasing Department Date: July 16, 2013 Re: 7506 Spring Creek Trail Connection - Centre to Mason Trail Financial Services Purchasing Division 215 N. Mason St. 2n" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov. com/purchasing Enclosed please find your copy of the signed Performance/Payment bonds for the above -mentioned matter. If you have any questions, please call me at 221-6777. Encl: Agreement