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HomeMy WebLinkAbout0042 Airport Road - Landscaping - 2/27/2012Westchester Fire Insurance Company CONTRACT BOND Bond No.: K08461454 WA 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 Twelve Thousand Five Hundred and 00/100 Dollars ($12,500.00 ), 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 February 27, 2012 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 February 27, 2012 and ending February 27, 2014 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 27th day of February , 20 12 NEAGLEY & CHASE CONSTRUCTION COMPANY Principal BY: -Z"o L 2112-P WESTCHESTER FIRE INSURANCE COMPANY Surety BY: s orney- n- ac Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation ofthe Commonwealth of Irennsylvania pursuant to the following Resolution, adopted by the Board of:Directors ofthe said Company on December 11, 2006, to wit: 'RESOLVED. that the for Iowing authorizations relate to the execution;. for and on behalf of the Company, of bonds, undertakings,:recognizances, contracts and other written comm, tin cats of the Company entered into the,ordmary course of b,ismess ;(each a "Written Commitment") (1) Each of the Chairman, the President and the Vice Presidentsof the Company is hereby authorized to execute any Written Commitment for mid on behal fof the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Compahy is hereby authorized to execute my Whiten Commitment for and on behalf of the Company, under the seal of the Company or otherwise. to the extecl that such action is authorized by the grant of powers. provided for in such persons w ntten appointment as such attorney-m-fact (3) Each of the Chairman, the President and the Vice President's of the Company is hereby authorized,for acid on behalf of the Company, to appoint inwriting any person the attorney m-fact of the Company witli fall power and authority to execute, for and on behalf of the Company;under the seal ofthe Company or otherwise, such Written Commitments ofthe Company: w may be specified in such written appointment, which specification max, be by, -g'eneral 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 authontt tO execute, for and on behalf of the Company, under die Companys seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by generaltype 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 Companv, may be affixed by facsimile on such Written Commitment or written apponameht or delegation, t URTHER RESOLVER that the forzgomg Resolution shall not be deemed to be art: exclusive statement ofthe powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise'affecl the exercise ofany.such power or authority otherwise. validly granted or vested Does hereby nominate, constitute and appoint Adam C O'sha, Christine M Slocum, Danielle M Martin, Sandra Delisle, all ofthe 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 is 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 ofsuch 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 Halley, Vice -President, has hereunto subscribed his name and affixed the Corporate seal ofthe said WESTCHESTER FIRE INSURANCE COMPANY this S day of -April 2011 WESTCHESTER FIRE INSURANCE COMPANY \, b� Stc*n M Ilatsep. Vice Nvtsidciu COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 5 day of April, AD. 2011 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney ,Vico-President ofthe WESTCHESTER FIRE INSURANCE COMPANY to personally known to be the individual and officer who executed the preceding instrument, arid 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 and his signature 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 to 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. `�� b cG,i.y�, ; cdliliFaeWrA�M 0/+/4CNkXYi.YAhuw Knit E [�ilAf�XT,, * "Nb,_- s t C+xri0fi� 2Q'N r.:�r,z.r7 lx.anlu I, the undersigned Assistant Secretary ofthe WESTCIhESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect: 27th In witness yihereof, I have hereunto subscribed my naine as Assistant Secretary, and affixed the corporate seal ofthe Corporation, this day of -FE b r ,dry , 2012 �� �• Wi7i;stn 1. Kel:�, AS7ilLvnl naetmy THiS POWER OF ATTORNEY MAY NOTBE USED TO EXECUTE ANY BOND WITII AN INCEPTION DATE AFTER. April 05, 2013. 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES M THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0