06/30/04 Kostman to Abraham/Performance Bond ReleaseCity of Kalispell
Post Office Box 1997 -Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
June 30, 2004
Mr. John Abraham, Project Superintendent
Rawlins Construction, Inc.
508 Twilight Trail, Suite 100
Richardson, TX 75080
Re: Perfonnance Bond
Mountain View Plaza
Dear Sir,
Enclosed is Insurance Company of the West Performance Bond in the amount of Sixty
Two Thousand Five Hundred and no/100th (Dollars) $62,500.00 that you posted with the
City of Kalispell. Having met all requirements this Bond is now released.
Sincerely,
Carol L. Kostman
Assistant Finance Director
Enclosure: 1
cc: Mike Baker, Parks Director
Amy H. Robertson, Finance Director
Theresa White, City Clerk
Narda Wilson, Senior Planner, Tri-City Planning
1.1 tJ Ali 1. l� 1V l 1. v v 1
P.O. Box 55563, San Diego, CA 92156-5-`
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: Bond No. 1847479
That Rawlins Construction, Inc., 508 Rwilight Trail #100, Richardson, TX 75080
(Here insert the name am aooress or legal title of the Contractor)
as Principal, hereinafter called Principal, and
Insurance Company of the West a corporation of the State of California with
(Here insert the name of the Suretyi
its home office in the City of San Diego, California as Surety, hereinarter called Surety, are held and firmly bound unto _
City of Kalispell, 248 3rd Avenue East, Kalis
ell, MT 59901 Attn: Craig Kurzman
(Here insert the name ano address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Sixty Two Thousand Five Hundred and No/100***************************************
S 62 , 500.00 (Here insert a sum eaual :o at least one-half of the contract price)
Dollars ( _ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severalty, firmly'by these presents.
WHEREAS. Principal has by written agreement dated N/A N
entered into a contract with Owner for
See Attached Exhibit A
In accordance with drawings and specifications prepared by N/A
(Here insert iuii name, title and address)
which contract is by reference made a part hereof, and is hereinafter' referred to as the Contract.
NOW, THEnEFORE, 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 determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the Owner and 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 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 the 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 twenty-five (25) months from the date on which the right of action agues. but
if this provision is prohibited by any law, then it shall be deemed to be amended so as to be equal to the minimum period of limitation allowed by sucn
law."
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
In the presence of:
2nd
day of October, 2003 XXXT9C
Rawlins Construction, Inc. (SEAL)
Pr' ipal
CvT (SEAL)
Title
INSURANCE COMPANY OF THE WEST
f Surety
"l (SEAL,
Lisa M.)onnot, Attorney —in —fact
!C'YVTX 410A (Coiy2)
1. Trees in planter boxes with mulch in front of Borders, TJ Maxx & Ross
2. Trees, shrubs, mulch, top soil & grass sod at common area in front of
Borders, TJ Maxx, Ross & Home Depot at service road.
3. Trees, shrubs, grass sod, topsoil & mulch in islands at Pier 1 site.
4. 'Trees, shrubs, grass sod, topsoil & mulch in islands at Retail 1 site.
5. , Trees, shrubs, grass sod, topsoil & mulch in islands at Petco site.
6. Trees out in front of site along highway 93 north.
No. 0004775
a, ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
DON E. CORNELL, LISA M. BONNOT, ROB91 MORALES, JERRY P. ROSE,
SHEILA YOUNG, CHRIS J. KUTTER, LUKE J. NOLAN, JR., ANUJ JAIN
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
1l18U(i t1 Y A((,OiAPAN),,
SEAL �yl ox A AN�aA yb e a$g
John H. Craig, Assistant Secretary
State of California
County of San Diego ss.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
On January 16, 2001, before me; Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
NORMAPORTER
comm. #1257540
Ct NOTARY PUBLIC-CALIFORNIA �
V f SAN pIEGO COUNTY
My Commission Expires
MARCH 19, 2004
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals tinder authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 2nd day of October 2003
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attomey you may call 1-800-877-1 111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individuals) and details of the bond to which the power is attached. For information or tiling claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
'''i'' i '• 1 i .'
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism -related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
35 1st Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
of Kahsljo j Phone:.(406) 758-7718 Fax: (406) 758-7719
l Email: parknrec@kalispell.com
Parks and Recreation
June 28, 2004 .
John Abraham, Project Superintendent
Rawlins Construction. Inc.
508 Twilight Trail, Suite 100
Richardson, TX 75080
Fax: 755-3261
Re: Mountain View Plaza
l- �
The PUD agreement for the Mountain View' Plaza project (TJ Maxx, Borders, Retail 1,
Pier 1 & Petco) stipulated certain landscaping improvements to be made and provided
for a bond to ensure their completion.
We have reviewed the status of this project and have determined that the required
improvements related to landscaping satisfy the requirements of the Kalispell Parks
Department and are completed at this time. Let this letter serve as notification that the
bond may be released.
If you have any questions, please feel free to call me.
Sincerely,
Michael Baker, Director
Cc: Carol Kostman, Assistant Finance Diretor