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HomeMy WebLinkAbout0066 Bowdoin Street - Landscaping - 3/6/2014Westchester Fire Insurance Company CONTRACT BOND Bond No.: K08461454 KNOW ALL MEN BY THESE PRESENTS, That we, Neagley & Chase Construction Company as Principal, and the WESTCHESTER FIRE INSURANCE COMPANY, as Surety, are held and firmly bound unto City of South Burlington, Vermont as Obligee, in the penal sum of Seventeen Thousand Eight Hundred and Fifty 00/1"00 Dollars ($17,850.00 ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a certain written contract with the Obligee, dated March 6, 2014 in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein. PROVIDED, HOWEVER, by acceptance of this bond, Obligee acknowledges and agrees that this bond only covers a term beginning March 6, 2014 and ending March 6, 2016 regardless of the number of years the aforesaid contract shall cover or be in force, and not withstanding anything in the aforesaid contract to the contrary. Such term any be continued from year to year by the issuance of a continuation certificate executed by the Surety. If such term is so continued, the liability of the Surety for each successive term shall not be cumulative, but rather, the liability of the Surety shall be limited to the penal amount of this bond for the entire period of time which such bond may be in effect pursuant to such continuation certificates. Failure to renew said bond shall not constitute a default under the contract. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment falls due. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal then this obligation shall be void; otherwise, it shall remain in full force and effect. SEALED with our seals and dated this 6th day of March , 20 14 NEAGLEY & CHASE CONSTRUCTION COMPANY Principal BY: Power Of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents: That W ESTCHES`rEll FIRE INSURANCE COMPANY, a corporation ofthe Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Directors of the said Company oil December 1 1, 2006, to wit: "RESOLVED, that the following authorim ions relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizaiwes, contracts and other written commitments of the Company entered intothe ordinary course of business (each a "Written Commitment-)- (1).. Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or j - otherwise (2) Each duly appointed attomey-in,fact of the Company is hereby authorized to execute any Written Commitment for and o0 behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grand of powers provided for in such persons written appointment as such attorney m-fac(. (3) Each of the Chairman the President and the Vice Presldatts of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the anomey-m-fact of the Company with full power and authority to execute, for and on behalf aP the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such whiten appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and :Vice Presidents of the Company in hereby, authorized, for and on behalf of the Company, to delegate in writing any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other: person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment. or delegation FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority ofofficers, employees and other personsto act for and on behalf or the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. Does hereby nominate, constitute and appoint Adam C Osha; Christine M Slocum, Danielle M Martin, Sandra Delisle, all of the City of RUTLAND, Vermont, each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Ten million dollars & zero cents ($10,000,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF, the said Stephen M. I laney, Vice -President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCI I ESTER FIRE INSURANCE COMPANY this 8 day of April 2013:' WESTCH1 S'rER FIRE INSURANCE COMPANY Vs�Lp�i Stephen M Harley . Vice 11residcstt COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss On this 8 day of April, AD. 2013 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Ilaney ,Vice -President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal andhissignature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. NOTARIAL SEAL x o ... KARENE-WANOT, I�ribic _ ti My Cb-imafon 4t)t{ *ktai7 PuTnr I, the undersigned Assistant Secretary of theWESTCHESTER TIRE INSURANCE COMPANY, do hereby certify that the original POWER OF AT FORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. fit witness whereof. I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this 6 day of a ai C.:1 , 2 o i i THIS POWER OF ATTORNEY MAY NO'T' BE USED TO EXECUTE ANY BOND WITH AN INCFPT107N DATE AFTER April 08, 2015 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.