HomeMy WebLinkAboutB10-0105 Subcontractor Performance BondWi :1010) M710 d �J 3
U1 ECE OWE
D
n MAR 16 2011
BOT
'ftWN OF VAIL
X
No. HRC0108
KNOW AU BY THESE PRESENTS, That we, Grand County Roofing and Sheet Metal, Inc. dba The Roofing Compa
PO Box 29 Granby. CO 80446
(Here iown lk um uA addrem, or kpl tide, of the Sub musew)
As principal, herein call Principal, an d Western Insurance Company, 675 West Moana Lane, Suite 200, Reno, NV 89509
of the Suft of NV as Surety, heroin called Surety, am held and flnydy bound unto
Drahota Commercial, LLC PO Box 272269 Fort Collins, CO § 0527
(HM low O um and d ad&vm or lqd tide, of the IM"
as oblipt.beM uca " a dobli gm i n the &mu Three Hundred Thirteen MnwW
Thousand Seventy Seven Dollars and 001100
Dollars (S 313,077-00 1 .
for the payment whereof Principal and Surety bind themselves, their heirs, executors. administrators. successors and assigns, jointly
and severally, firmly by these, presents.
WHMAS. Principal has by written agreement dotal September l,2010 entered into a subcontract with Obligee for
West Vail Fire Station #3, 2399 N Frontage Road West, Vail, CO 81657 — Division: 07; Section: 0741 Roofing
Subcontractor
which subcontract is by reference made a put hereof, and is referred to as subcontract.
NOW. TMtEFORE. THE CONDITION OF THIS OBUGAIJON, is such that, if the Principal shall promptly and faithfully
perform said subcontract, then this obligation shall be null and void; otherwise to remain in full force and effect.
The Surety hereby waives notice of any modification or amendment to the Subcontract made in accordance with the terms thereof; and
any alteration or extension of time made by or through the (kneral Contractor.
Whenever Principal shall be. and be declared by Obligee to be in default under the subcontract, the Obligee having performed
Obligee's obligations thavundw.
(1) Surety may promptly remedy the default subject to the provisions of paragraph 3 therein. or;
(2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee. may arrange for the performance of
Principal's obligation under the subcontract subject to the provisions of paragraph 3 dw-im
(3) The balance of the subcontract prim as defined below, shall be credited against the reasonable cost of completing
performance of the subcontract. If completed by the Obligee. and the reasonable cost exceeds the balance of the subcontract
price, the Surety shall pay to the Obligee such excess, but in no event dtall the aggregate: liability of the Surety exceed the
amount of this bond. If the Surety arranges completion or remedies the default, that portion of the balance of the subcontract
price as may be rcquiftd to complete the subcontract or remedy the default and to reimburse the Surety for its outlays shall
be paid to the Surety at the times std in the numm as said sum would have been payable to Principal had then: boon no
default under the subcontract. The term "balance of the subcontract price." as used in this paragraph. WWI mean the total
amount payable by 0MVe to Principal under the subcontract and any ank"Winents thereto. less the amounts heretofore
properly paid by Obligee under the subcontract.
Any suit under this bond must be instituted before die expiration of two years from date of which final payment under the subcontract
falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the
heirs. executors. administrators or successors of the Obligee.
Signed and scaled this _ 3rd day of November 2010
In the
Principal
, Surety Witness
AttixM-in-Fact
KNOW ALL BY THESE PRESENTS, That we, Grand County Roofing and Sheet Metal, Inc. dba The Roofing Company
PO Box 29 Granby, CO 80446
(Hare lawn the nave a n d ad&eu, ale title. of the Subcoatradm)
as Principal. herein called Principal. and Westem Insurance Company, 675 West Moana Lane, Suite 200, Reno, NV 89509
corporation of the State of my , as Surety, therein called Surety, are held and firmly bond unto
Drahota Commercial, LLC PO Box 272269 Fort Collins, CO 80527
(Hem iona dw awl and add=- or k-0 6&. of ate GewW Cwvoctw)
as Obligee, herein calW Obligee, for the use and benefit of claimants as herein defined, in the amount of
Three Hundred Thirtgan Thousand ggyW_ty Seven Dollars and 001100 Dollar 313077.00 1, for
the payment whereof Principal and Surety bind themselves, their heirs. executors, administrators, successors and assigns, jointly and
severally, fitmly by these presents.
WHEREAS. Principal has by written agreement dated September 1, 2010 —entered into a subcontract with Obligee for
West Vail Fire Station #3.2399 N Fronta-ge Road West, Vail, CO 81657 – Division: 07; Section: 07410 Roofing
Subcontractor
Which subcontract is by reference made a put hereof. and is referred to as subcontract.
NOW, TIMREFOM THE CONDITION OF THIS ODUGAT11ON IS SUCH. That, if the Principal shall promptly make payment to
all Claimants as herein defined, for all labor and material used or reasonably required for use in the perfornuince of the Subcontract,
then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however. to the following conditions:
1. A Claimant is defined as one having a direct contract with the Principal for labor, material, or both, used or reasonably
required for use in the performance of the contract
2. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein
defined, who has not been paid in hill before the expiration of a period of ninety (90) days after the daft on which the last of
such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond
in the Claimant's own name for such sum as may be justly due Claimant.
3. No suit or action shall be commenced hereunder by any Claimant:
(a) Unlm Claimant shall have given written notice to any two of the following: The Principal, the Obligee, or the
Surety above named. within ninety (90) days after such Claimant did or performed the last of the work or labor. or
ftirnished the last of the materials for Which said claim is micle,
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Subcontract.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in
which the project, or any part thereof, is situated, or in the United States District Court for the district in which the
project, or any pan thereof, is situated, and not elsewhere.
4. Tice amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.
Signed and WA W t hi s 3,d d o f _ November 2010 _.
In tht " FS - '
- -
)ndsey Wick ocker. Surety Witness
Grand Co u 3
X Roofing aqd Sheet
Meta!, Inc. a Av qaft COMI
Principal
!1[,3rA1jM Q,
rown
WESTERN INSURANCE COMPANY 335354
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organi7cd and
existing under the laws of the State of Nevada and having its principal office at the City of Rena, in the State ofNmda, does hereby
constitute and appoint
Donald F- Appleby, Tiffany McGonigle, J.R. Richards, Kevin W. McMahon,
DiLynn Guern, Anne E. Hit] Sarah Brown
, At,
Of the STATE OF NEVADA its true and lawfd Attorricy(s)-in-Fact, each in &ir separate capacity if more than one is named above,
to sign its name as surety 1% and to execute, sea] and ackncnvlcdge any and all bonds, undertakings, contracts and other written
inuruments in the nature thereof on behalf of Company in its business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts; and executing or guaranteeing hands and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof the said WESTERN INSURANCE COMPANY has caused this instrument to be scaled with its
corporate seat, duty attested by the signatures of its President and Sccrctary, this 2nd day of March, 201
WESTERN INSURANCE COMPANY
to
(Signed) By At
SEAL
( D
President
1994
(Signed) By
Secretary
STATE OF NEVADA)
SS:
COUNTY OFWASHOE)
Gin this 2nd day of March. 20 10. before me personally c 7 DICK IAN. PRESIDENT of the WESTERN
INSURANCE COMPANY and ALICE A. MOLASKY ARNIAN, 5 osa;id Company, with both ofwhom I am
EC!R DICK 'r
Personally acquainted, who being by me severally duty sworn, aid t - hrtb!taid to ROTTMAN and ALICE A.
MOLASKY ARMAN were respectively the PRESIDENT ;nj; pP WESTERN INSURANCE COMPANY,
tote aftr e corporation described in which executed the V a of An t U I y each k
seat of said corporation; that
the seal affixed to said Power of Attorney was st �W' c seal. 16 affixed e&ff Board of Directors of said
corporation, and that they signed i by like a MillS W IE Y. respectively, of the Company.
My Commission expil cs t5i Pin April
WRICIA&LEMW
Notary Public
This Power OfAltorricy is granted authority ofthe following Resolutions adopted by the Board ofDirectm
y
ofthe WESTERN INSURANCE COMPANVIttarch2,2010.
RESOLVED, that in connection with the fidelity and surety insurance business ofthe Company, all bonds, undertakings,
contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed
as Attorneys) -in -Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and
on behalf of the Company may and shalt be executed in the mane and on behalf of the Company, either by the Chairman, or the
President, or a Vice President, jointly with the Secretary, under their respective designations. The signature ofsuch officers may
engraved, printed or lithographed. The signature ofeach of the foregoing officers and the seal of the Company may be affixed by
facsimile to any Power ofAttomey or to any certificate relating thereto appointing AttoroqAs)-in-Fact for purposes only of executing
and attesting bonds and undertakings and odici writings obligatory in like nature thereof, and , unless subsequently revoked and subject:
to any limitations set forth therein, any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shat I be
valid WW binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attorneys} -in -Fart shall have die power and authority, unless subsequently revoked and, in any case,
subject to the terms and limitations ofthe Power ofAttemey issued to them, to execute and deliver on behalf afthe Company and to
attach the seal ofthe Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such
instrument executed by such Anorricy(s)-in-Fact shall be as binding upon the Company as itsigned by an Executive Officer and
scaled and attested to by the Secretary ofthe Company,
I ALICE A. MOLASKY ARMIAN. Secretary ofthe WESTERN INSURANCE COMPANY, do hereby certify that the
foregoing is A bw excerpt from the Resolution of the said Company as adopted by its Board of Directors on March 2, 201 and that
this resolution is in rutf force effect.
1, the undersigned Secretary ofthe WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in fail Dxcc and effect and has not been revoked.
In'l*c3titoony NVEcrroC I have hereunto set my hand and the seal of the WESTE TNSURA-'4CE COMPANY on this
3rd _day of November _ 2010
Secretary
Iliad