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Home My WebLink AboutC85-031 Kyburz Construction - Performance Bondf ' THE AMERICAN INSTITUTE OF ARCHITECTS - AIA Document A311 Performance Bond Bond # 47 0120 11533 84 6 KNOW ALL MEN BY THESE PRESENTS: that KYBURZ CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) P.O. Box 245 Dillon, olorado 80435 as Principal, hereinaFter called Contractor, and, UNITED STATES FIDELITY & GUARANTY COMPANY (Here insert full name and address or legal title of Surety) Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto COUNTY OF EAGLE (Here insert full name and address or legal title of Owner) STATE OF COLORADO Eagle, Colorado as Obligee, hereinafter called Owner, in the amount of Five Million Four Hundred Sixty Nine Thousand Four Hundred Ninety and 30/100--------- Dollars ($ 5, 469, 490.30 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 30, 1983 , entered into a contract with Owner for EAGLE COUNTY JUSTICE CENTER, CONSTRUCTION MANAGEMENT SERVICES GUARANTEED MAXIMUM COST CONTRACT, with Addendum dated May 24, 1984 in accordance with Drawings and Specifications prepared by Here 'nsert full nam an addres or I I f Architect' W. C. Muchow and Partners, 1725 Blake Streev 6enver, to�ora�o jd57 Walker McGough Foltz Lyerla, P.C., West 244 Main Street, Spokane., Washington 99210 ( A Joint Venture) which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ADD MATERIAL PAY;\1ENT BOND • AIA e I EBrtU 1K1' 1r�'it ED. • THE A%IFRICA\ INSTITUTE OF ARCHITECTS. 1-i; 1.)'. Av[., NAV., WASH INGTON, D. C. 20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, -and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 1 day of defaults under the contract or contracts 'of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from* the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. June 8A 19 KYBURZ CONSTRUCTION , INC. (1.1 rtnc:�l BY: Derald D. Hu4bert t1c'' President UNITED STATES FIDELITY & GUARANTY COMPANY 1 - r- rtt�irrr�— Y: Pa -UT o man, o rrle) Attorney in Fact AIA DOCUMENT A311 - P[RFORMANCL BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA 11BRPARY 141'U LD. - Ili[ AA1ERICAN INS111U1[ 01 A1:CII11LCTS, 1735 N.Y. AVE., N.W., %VASIIINGTON, D. C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS r AIA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that KYBURZ CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) P.O.Box 245 Dillon, Colorado 80435 as Principal, hereinafter called Principal, and, UNITED STATES FIDELITY & GUARANTY COMPANY (Here insert full name and address or legal title of Surety) Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto COUNTY OF EAGLE (Here insert full name and address or legal title of Owner; STATE OF COLORADO Eagle, Colorado as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Five Million Four Hundred Sixty Nine Thousand Four Hundred Ninety and 30/100--- amount of (Here insert a sum equal to at least one-half of the contract price) Dollars ($53,469, 490.30 ), for the payment Whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 30, 19 83 entered into a contract with Owner for EAGLE COUNTY JUSTICE CENTER, CONSTRUCTION MANAGEMENT SERVICES GUARANTEED MAXIMUM COST CONTRACT, WITH Addendum dated May 24-, 1984 in accordance with Drawings and Specifications prepared by W. C . Muchow and Partners, 1725 Blake Strf�'�rt I,Vdfi.%fdr,and &Tft,1tf-6F38020fv,-h t`c Walker McGough Foltz Lyerla, P. C., West 244 Main Street, Spokane, Washington 99210 (A Joint Venture) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFOR�1ANCE BOND AND IABO R AND MATERIAL PAYMENT BOND • A!A C (Fliht.:ARY 19?0 ED. • THE A11ERICAN INSTITUTF OF ARCHITECTS, 1735 N.Y. AVE., N.w., WASH INGTON, D. C. 20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall" promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: _ 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date 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 for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following, the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 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 part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. June 19 84 KYBURZ CONSTRUCTION, INC. f f Principah Iscai jl1 rtnc•�) BY. Derald D. Hurlbert ail President UNITED STATES FIDELITY & GUARANTY COMPANY �� / rli�i�f�•�.r � - Y B Paul N . Borman Attorney in Fact AIA DOCUMENT A311 - 11RIOR!,AANCF. BOND AND IAI:()R AND MATIRIAI VAY'N1TNT BOND - AIA n IEBRUAKY 1971► I.D. • III[ AMIRICAN INS1I1Ulr. Of ARCHII[CIS, 1711 NY. AVI., N.W , WASIIINGION, 1). C.:'nt1 O 4 ACKNOWLEDGMENT OF PRINCIPAL STATE OF MINNESOTA ) ss. COUNTY OF CLAY ) _ On this 1 day of June 198, before me a notary Public in and for the State of Minnesota, personally appeared Derald D. HUrlbert known to me to be President of the principal described in the within instrument and who executed the same and acknowledged to me that he executed the same for and on behalf of said principal. (SEAL) My Commission Expires: J`1B11CJanuary 21, 1990 CLAY COUNTY �Y ,✓ tqy Corrmssion Expires Jan. 21, ISM ACKNOWLEDGMENT OF SURETY STATE OF MINNESOTA ) ss. COUNTY OF CLAY ) On this day of June , 1984 , before me personally came Paul N. Borman to me known, who being by me duly sworn, did depose and say that he resides in North Dakota that he is the Attorney in Fact of UNITED STATES FIDELITY 8 GUARANTY C0MPANY the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to 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. OTH O SEAL) i°t�si.rc •rWrdESOtaCLAY tAy Commission pir s ionY2 G- }" """°�-�►-.�..,,..,,,� j, Zs" My Commission Expires: January 21, 1990 CERTIFIED COPY GENERAL POWER OF - ATTORNEY 9.32.4.3 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Paul N. Borman and T. J. Kibler of the City of Far go , State of North Dakota its true and lawful attorney S WMICi6iiCti aYe7CXXIK for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform -any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoeverAflr AT - either the said Paul N. Borman or the said T . J. Kibler may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to he sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 2 5 t h day of June , A.D. 19 82 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) ......... ... ....... Vice -President. (SEAL) (Signed) ,,,,Michael„P... Hammond,,,,,,, -•- Assistant Secretary. STATE OF MARYLAND, ) 3 ss: BALTIMORE CITY, On this 2 5 t h day of June , A. D. 1982 , before me personally came James D. Rector , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and M i e h ae 1 P : *'H ammo n d , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James D . Re ctor and Michael P . Hammond were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. _19. 82 . MargaretM.Hurst ( SEAL) ( Signed) ,••-..•.• .................... Notary Public. STATE OF MARYLAND I Set. BALTIMORE CITY, I, Charles W . Mackey, J r . , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that M ar g al: e t M . Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of :Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony, Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 2 5 t h day of June , A• D 1982 (SEAL) (Signed) Charles W. Mackey, Jr. .... .............................. Clerk o/ the Superior Court of Baltimore City. FS 3 (12.81) • 4'} COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and -executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, George W . Lennon, J r . , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is 'a full, true and correct copy of the original power of attorney given by said Company to Paul N . Borman and T . J . Kibler of Fargo, North Dakota , authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) June 1, 1984 A. Assistant Secretary.