HomeMy WebLinkAboutBozeman Plumbing and Heating Performance Bond5/19/09
I, 7•L . ~ande./~ picked up check #355480 from Bozeman Plumbing and Heating in the
amount of $24,000. that was made out to the City of Bozeman.
fitness -Aimee Kissel
CNA 5/1.1/2009 11:32 Alf PAGE 2/006 Fax Server
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Western Surety Company
PERFORMANCE BOND
Bata rrutt~~~: 70717277
KNOW ALL PERSONS BY THESE PRESENTS, That we Bozeman Plumbing and_Hea.tingL inc.
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P. U. Bvx 42'70, Bozeman, M'1' 59'172 _ _ ,hereinafter
referred to as the Principal, and Vdeatern ~urel.y co,npany
as Surety, are held and firmly bound unto City or Bozeman
Of 411 East Main. P. O. Box 1230 Bozeman MT 59715 ,hereinafter
referred to as the Obligee, in the sum of Two }-Iunarea Forty z'ttousand ana 00/100
Dollars ($ 240, 000.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the 13tH day of April ,
_' U~U~,fOrHvar. lmnrovPmPnts: Swim CPntPr NataTorinrn 1111 W Main qj;_ f~~Prnan
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NOW, THEREFORE, if the Principal shall faittrfully pertorm such contract or shall indemnify arrd save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction
in the location in which the work or part of tl~e work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within twu years after the Surety
refuses or fails to pertorm its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
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, SEALED AND DATED this_ 11th _ day of May _ 2009
Bozeman P1utr~ing and Heating, Ine.
(Principal)
ey
Form F4597
(Seal)
RECEIVED TIME MAY, 11, 10,32AM
CNA
5/11/2009 11:32 Alf PAGE 3../006 Fax Server
ODf
Western Surefiy Company
PAYMENT BOND
Buttc:t Number, ! 0'! 1'! 2 7 "
KNOW ALL PERSONS BY THESE PRESENTS, That we Bozeman Plumbing and_HeatingL_Inc. ____ __
F. O. Bons 4270, Bozeman, I~rT 59'772
referred to as the Principal, and ____ _ _______Urestertt surety Cut
as Surety, are held and firmly bound unto City of Bozeman
Of
__ ,hereinafter
nv
Of 411 East Main, P. O Box 1230 Bozeman M'P 59"115 ,hereinafter
referred to as the Obligee, in the sum of Two Hundred E'orty 't'housand and 00 100_____
Dollars ($ 240.000.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated_ 13th _ day of- __~ril
_,
__2009 ,for Hvac Im~arovements; Swim Center Natatorium 1211 InT Main St._Bozeman
' copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) 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 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 rninirnum period of limitation permitted by such law,
(b) Other than in a state court of competent jurisdiction in and for the county or ocher 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 situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this 11th day of clay Lto9
ey
Western
By
RECEIVED TIME MAY, 11, 10,32AM
Bozeman Yiumbina and Heating Inc
(Principal)
CNA 5/11/2009 11:32 A~1 PAGE 5/006 Fax Server
V~estern Surety Company
YO\wLlt ON A7."1'OItNEY- CE1Z`1'.IFILll COPY
Iloud No. _7_0 717 2 7 7
Know All Men By 'These Presents, that WES'1'ERIV SU1ZE'1'Y (:GN].PANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal otlice in Sioux Falls, South Dakota (the "Compar~y"), does by these presents make,
constitute and appoint Larry D. Trainor
its true and lawful attorney(s)-hi-fact, with full power and authority hereby confen•ed, to execute, acknowledge and deliver for and ou its
behalf as Surety, bonds for:
Principal: Bozeman Plumbing and Heating, Inc.
Obligee: City of Bozeman
1liuoutit: $500, 000.00
and to bind the l:ompany thereby as fully and to tihe same extent as if such hoods were argued by tihe Senior Vice President, sealed with
Lhe corporate seal of the Compac~y and duly attested by its Secretary, hereby ratilyiug and couliruung all that the said attorney(s)-iu-fact
u~ay do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Compagy which rema;ne in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obkigations of the corporation stall be executed iu the
corporate name of the Gompagy by the 1'reaideut, Secretary, any Assistant Secretary, '14~easurer, nr any Vice President or by such other
of&cers as the Boazd of Directors nay authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the'1'reasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
~ The corporate seal is not necessary for the validity of arty bonds, policies, widertakivgs, Powers of Attorney or other obligations of the
curporatiou. 7'he si~uature of ar~ suc:h ollicer and Lhe wrporate soak ucay be ptucted by facsircule."
All authority hereby conferred shall expire acid terminate, without notice, unless used before midnight of yo l=obey ~ 1
L 0 0 9 ,but until such time shall be irrevocable and in hill force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vfee President, Paul '1'. Brullat,
and its corg pr~t~aeal to be affixed this _ 11th defy of _ M-~- _ _ 2 0 0 9
0.h=~ ~,,n....,.. ,;_ ~..~.. WEST IZ S U R L C O M P t1 N Y
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-d; 4 Paul'l'. Drufla . enior Vice President
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couN' -• - ---~- ~ JI
On this _l lth day of _ Mid , in F.he yeaz _200 9 ,before me, a notary, public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid. officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary, act and deed of saki corporation.
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~ D. KRELL ~ ~ /1
~'!~~NOTARY iPUBL10~~ l~ _
i~80UTH DAKOI'J1 $ i Notary, Public -South Dakota
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My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Couapar~y, a stock wrporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is iui full farce quid eII•ect quid i.e irrevoc:able, and furthermore, that Section 7 0l the bylaws of the Couipauay as
set forth in the Power of Attorney is now ui Iorce.
In testimony whereof, I have hereunto set my hand and seal of Western Suret}~ Company this 11th da}, of
Maur -~ --- 2009__.
WLS'i' R SURE" COMYAIVY"
Paul T. I1ruIIa 'euior Vice President
Form F5308-9.2008
REc:-FINED TIME MAY. 11. 10.32AM
a
CNA
5/11/2009 11:32 A~1 PAGF 6/006
Fax Server
~1CI~VONL>CDGbTLNT or S[JItLTY
Montana
STA1'EOI+_ - (ALLoruey-in-hacL) Bond No. 70717217
COUNTY OF__ Cascade ss
On Lhis ~~ day of 1 ~OV 9 ,before nte, a notary public in
and for said CowiLy, persotally appeared T a riY D. "~-a, ncLT
to me personally known and being by me duly sworn, did say, that he is the Attorneyin-Fact of WESTERN SURETY CO1VIl EINY,
a corporation of Sioux Palls, South Dakota, created, orgatuzed and existing under and 6y virtue of the laws of the State of F3outh
Dakota, that, the said instrtunent was executed on behalf of the said corporation b_y authority of its Board of Directors and that
the said Larry D Trainor
acknowledges said instrument Lo be Lhe flee act acid deed of said corporation attd that he leas authority to sign said insLrwttent
without affixing the corporate seal of said corporation.
IN WITNESS WHER.EOI' I have hereunto subscribed my name and affixed my dfficial seal at
Great Fa11s Montana ,the day and year last above written.
iVly coaurtis's}ou expires
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form 10642000 `t~~~ ~r~ ~^~~~y_
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t~~M~NKIINM
RECEIVED TIME MAY, 11. 10.~2AM
otary Public