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HomeMy WebLinkAbout901536.tiff PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Frontier Materials, Inc. Name of Contractor 3600 Hwy 52, Erie, CO 80516 Address of Contractor Colorado Corporation a , hereinafter called Principal, and Corporation, Partnership or Individual Firemen' s insurance Company of Newark, New Jersey Name of Surety PO Box 17229 , Denver, Colorado 80217 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, P.O. Box 758, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Two Hundred Eighty Six Thousand Two Hundred Fifty Eight & HO'sDollars ($ 286,258.00 ) in a lawful money to the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the County, dated the 23rd day of July , 1990, a copy of which is hereto attached and made a part hereof for the construction of: 71ST AVENUE IMPROVEMENT DISTRICT NOW, THEREFORE, if the Principal shall, during the entire length of said Contract and any extension thereof, promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether subcontractor or otherwise, then this obligation shall be void; otherwise to remain 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 Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any -22- S1306 /S- 901536 way affect its obligation on time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that a final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in one (1) (number) counterparts, each one of which shall be deemed an original, this the 2!3th day of July , 1990. FRONTIER MATERIALS , INC. Princ al ATTEST: . _.d BY�/ ���7.611-� . ti- (S) >CJn t�'� Lam' Principal Sec ry (SEAL) �yCI f_ � 3600 Highway 52 ( W' ess as to Principal Address Erie, Colorado 80516 3,,,,s6_.; l�t.,� ��r cl/k=f"2),veci;,d7n Address FIREMEN' S INSURANCE COMPANY OF NEWARK, Siaety WTMby: Witness as to Sudety Attorney-in-Fact Joan C. Armstrong PO Box 17229 PO Box 17229 Address Address Denver, Co. 80217 Denver, Colorado 80217 NOTE: Date of bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond. IMPORTANT: Surety Companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Frank B. Mall 6 Co.01 Colorado 4100 East Mississippi Avenue J �a r Suite 800 r P.O. Bo, 17229 Dcnver,Colorado 80217-0229 (303) 758-7688 TLX 45-0176 FAX(303)758-9458 -23- Firemen's Insurance Company of Newark New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make, constitute and appoint Joan C. Armstrong of Denver, Colorado its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority.shall exceed in amount the sum of Five Million (5,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any ofthern hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice Resident,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attomey,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached" In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7 day of May 19 90 y FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: f W ppu By D.L.Banta,Assistant Vice R 4 President +•�� �+"!' ��Ask�V¢e Resident STATE OF CONNECTICUT j %.: COUNTY OF HARTFORD 1 On this 7 day of ,19 D•before me personally came Emil B.Askew,to me known,who being by me duly swom,did depose and say that he is a Vmia e President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ow. D 5 4j 24 r'.'NOTARY-.� /]n/ /{/�// 21-4.44) Ad ��(//-/',�/-t/�!� k.. PtA3110 / GLORIA D.SEEKINS NOTARY PUBLIC CERTIFICATE My Commission Expires March 31,1993 1,the undersigned,an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY,a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth in Vle said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the 42.3 da of Ok_-4/ .19,a; r 44. • Y..Denni Lane,Assistant Vice Resident 21 BOND 4315L s's. Printed in U.S.A. NOTICE TO PROCEED T0: Frontier Materials, Inc. DATE: July 31, 1990 3600 Hwy 52 PROJECT: 71ST AVENUE Erie, CO 80516 IMPROVEMENT DISTRICT You are hereby notified to commence work in accordance with the Agreement dated July 23 , 1990, on or before August 6 , 1990, and you are to complete the work within Forty-Five ( 45 ) consecutive calendar days thereafter. The date of completion of all work is therefore, September 19 , 1990. THE BOARD OF WELD COUNTY COMMISSIONERS (County) By in on bD onaild arro 1 Title Administrative Man ger ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by this the 31st day of July 19 90 . Front'er Materials d'i7 A(�I By Title 747:-" -25- Hello