HomeMy WebLinkAbout31 - Performance Bond for Kyburz Constructionw:FAF2fi0
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July 9, 1984
Ms.Beth A. Whittier, County Attorney
P.O. Box 850
Eagle, Colorado 81631
RE: Eagle County Justice Center
Dear Ms. Whittier:
Bond #47 0120 11533 84 6, issued by United States Fidelity
& Guaranty Company, for the Eagle County Justice Center,
covers all construction management services and construction
activities, whether performed directly by employees of Kyburz
Construction, Inc., or by sub - contractors working under
Kyburz's supervision, as required by referenced written
agreement of June 30, 1983, with addendum dated May 24,
1984.
PNB :rj
Sincerely,
FARGO INSURANCE AGENCY, INC.
Paul N. Borman
Attorney in Fact
(<-. 'Z�'a - �I1L'P)2�--1
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THE AMERICAN INSTITUTE OF ARCHITECTS
�Y
- 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, Colorado 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, 19 83 , entered into a contract with Owner for
EAGLE COUNTY JUSTICE CENTER, CONSTRUCTION MANAGEMENT SERVICES
GUARANTEED MAXD1UM COST CONTRACT, with Addendum dated May 24, 1984
in accordance with Drawings and Specifications prepared by
W. C. Muchow and Partners, 1725 Blake Stree H're�nen`Velr, nl o�orat7Q` l !j�c29f Architect)
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 AND MATERIAL PAYMENT BOND • AIA GC
FEBRUARY 19 70 ED. • THE AMFRIC AN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N w., WASHINGTON, D. C. 20006 1
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 84
19
KYBURZ CONSTRUCTION, INC.
;Print; p.ti; GScalr
f19'itn�sc)
BY:
Derald D. Hu r bert President
UNITED STATES FIDELITY & GUARANTY COMPANY
Y. i
Paul o man, Attorney in act
AIA DOCUMENT A311 • PEKrOI:MANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA {R?
111IRl1ARY 10'0 ED. • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 2000(; 2
THE AMERICAN INSTITUTE OF ARCHITECTS
A1A 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,
(Here insert full name and address or legal title of Surety)
UNITED STATES FIDELITY &GUARANTY COMPANY g Y
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 ($5,469,490.30
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 Str60ft; "Sg?�Yi id ,a" tr�ES �fl'b a�80207It
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 IABt)R AND MATERIAL PAYMENT BOND • A!A @
FEBRI)ARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.w., WASHINGTON, 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.
(Principal) t5cal
r11
BY.
Derald D. Hurlbert (T'4`) President
UNITED STATES FIDELITY & GUARANTY COMPANY
i5untrl �Scal
r1�4ij1(•h 4l BY
Paul N. Borman Attorney in Fact
AIA DOCUMENT A311 PIKIORMANCE BOND AND LABOR AND NIATtRIAL PAYMENT BOND • AIA (R') A
FEBRUARY 1970 E1). • 1HE AAIERIC.AN INSI ITUTE OF ARCHI IECIS, 17i i N.Y. AVL, N.W., WASHINGTON, D. C. 2000( Y
�i
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF MINNESOTA )
ss.
COUNTY OF CLAY )
On this 1 day of June , 19 84 before me a notary
Public in and for the State of Minnesota, personally appeared
Dera -1 d D Hurl bert 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)
t,f a=4-
>e�
My Commission Expires:
11Jcr it 'ut' i( °,i� !a' iviA
a ! January 21, 1990
CLAY COWY
E5y Connmission Expires Jan. 22, 18�'U
ACKNOWLEDGMENT OF SURETY
STATE OF MINNESOTA )
ss.
COUNTY OF CLAY )
On this 1 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 & GUARANTY COMPANY
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.
i TN
SEAL) PUBLIC f4jidfdE,,OTA
' �� CLAY COUNTY
+
Y ommission Expires lan.21.1990 My Commission Expires; .�..��,.��" January 21, 1990
CERTIFIED COPY
GENERAL POWER OF- ,ATTORNEY
....:..................
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
oftheCityof Fargo ,Stateof North Dakota
its true and lawful attorney S iril�6Zi6iCtZaC9CaYe7CX]6fS
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 whatsoeverA116)549
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 be
sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 25th day of
June , A. D. 19 82
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By ...... JAmt;.. . ........................
Vice- President.
(SEAL) ,. Michael P. Hammond
(Signed) ...................... ...............................
Assistant Secretary.
STATE OF MARYLAND,
ss:
BALTIMORE CITY,
On this 25th day of Jun e , A. D. 1982 , before me personally came
James D. Rector , Vice - President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Michael P., Hammond , 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..
Margaret M. Hurst
(SEAL) (Signed)
........................................................
Notary Public.
STATE OF MARYLAND )
3 Set.
BALTIMORE CITY,
I, Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret 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 25th day of June , A. D. 1982
(SEAL) (Signed) Charles W. Mackey, Jr.
Clerk o/ the Superior Court of Baltimore City.
FS 3 (12.81)