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Home My WebLink AboutC82-046 Millers Mutual Fire InsuranceAVA \Wmp� MILLERS GROUP Bond No. 7933302 The Millers Mutual Fire Insurance Company of Texas 900 Monroe Fort Worth, Texas PERFORMANCE BOND Approved by The American Institute of Architects, lvw� A.I.A. Document No. A-311 1963 Edition KNOW ALL MEN BY THESE PRESENTS: That G. M. C. 0. Conponation (Here insert the name and address or legal title of the Contractor) P.O. BOx 1723 Grand Junction, Coto. 81502 as Principal, hereinafter called Contractor, and The Millers Mutual Fire Insurance Company of Texas as Surety, hereinafter called Surety, are held and firmly bound unto Eagte County Co)1iMZ6,6i on Eagte, Cotohado (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of $SEVENTY EIGHT THOUSAND EIGHT HUNDRED FIFTY ONE AND NO/ 100----------------- Dollars ($ 78, 851. 00------------- )r for the payment whereof Contractor and Surety bind themselves, their heirs, executors, admini- strators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for chip and aeat pxoeead in accordance with drawings and specifications prepared by (Here insert full name, title and address) 19—, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 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 submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety 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 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, administrators or successors of Owner. Signed and sealed this 22nd �� g day of � A.D. 19—ff_. n the nce of • _ .gAnn onk in, Notary u i c Performance Bond -(Seal) (Principal) { V.Pres, General Manager r (Title) The Millers Mutual Fire Insurance Company of Texas Attorney ' Fact Nichot," G. GazuniA Revised to Sept. 1963 Mai B 2045 Bond No. 7933302 Mill I RS GROUP The Millers Mutual Fire Insurance Company of Texas 900 Monroe Fort Worth, Texas LABOR AND MATERIAL PAYMENT BOND llwo� Approved by The American Institute of Architects Note: This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That G. M. C. O. Coxp (Here insert the name and address or legal title of the Contractor) P.O. Box 1723 Gha.nd Junction, Wtonado 81502 U as Principal, hereinafter called Principal, and The Millers Mutual Fire Insurance Company of Texas as Surety, hereinafter called Surety, are held and firmly bound unto Fag.2e County Comm-vs.sion (Here insert the name and address or legal title of the Owner) Fagte, CoZoAado as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Th Aty Nine Thousand Four Hundhed Twentrbol ars (� 39,426.00----- � (Here insert a sum equal to at least one-half of the contract price) 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 19 , entered into a contract with Owner for Chip and Sean Pnoc"z in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 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 following conditions: 1. A claimant is defined as one having a direct contract 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 con- strued to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly appli- cable 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 mater- ials 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 execu- tion 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 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 addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction 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 under- stood, however, that if any limitation embodied 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 ih`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 situated, 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 here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against sL-id improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 22nd day of "J' a em m LA. D. 19 82 theZpr nee of: T� ,.^,��; > > Seal (Principal) �`-- V. Pres../ General manager J Ann Conklin, Notary Public (Title) Revised t d Sept. 1963 The Millers Mutual Fire Insurance Company of Texas Attorne i Fact Nichot ivi G. Gazun,us