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HomeMy WebLinkAboutClearwater Construction Section 00630 in lieu of retention bondSECTION 00630 IN LIEU OF RETENTION BOND Know all men by these present: Bond No. 106565892 That we, the undersigned Clearwater Construction & Management, LLC as Principal, and, Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Washington, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Pasco in the penal sum of $ 220,695.75 (five percent (5%) of the contract amount) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in a pursuance of the statutes of the State of Washington, the Ordinances of the City of Pasco. Dated at Spokane , Washington, this 6th day of December XOM 2016 Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City Clerk of said City of Pasco has let, or is about to let, the said project Wastewater Treatment Plant Improvements the above bounden Principal, a certain contract, and providing for PRIMARY CLARIFIER UPGRADE (which contract is referred to herein and is made a part hereof as though attached hereto) and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW THEREFORE, if the said CleanvaterConstruction & Management, LLC shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Pasco harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Pasco harmless form any damage or expense by reason of failure of performance as specified in said contract, then and in that event, this obligation shall be void; but otherwise it shall be and remain in full force and effect. City of Pasco Cle�Itl r Cc / ction 8 agement, LLC Approved as to Form Principal City Attorney Tra�� Casualt a Surety Company of America Surety Chris L rso , Attorney -in -Fact END OF SECTION 232258 CITY OF PASCO APRIL 2015 PRIMARY CLARIFIER UPGRADE - Issued for Construction IN LIEU OF RETENTION BOND 00630- 1 eriWLlLf AInk POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 231235 Certificate No.O O U J U 4 J G J KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, SC Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Wm. Dinneen, H. Keith McNally, Erin L. Repp, Kathy Gurley, Chris Larson, Diana R. Williams, and Virginia L. Weber of the City of Spokane , State of Washington , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this 1 st day of September 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company (.I.SY1 Y PF6 e!N IMf, Y'Y ,NSUgV', " Y9HOB FNLIAf,Y� F1nAr0 Oa YEA L,g • '' eQa: ...3,^p' IJ .... .... .qN �PFY L C $ 4� ,p sO '+bv be a ® P>n t.. f Pvonnr P� g� �,0h! urybF 3' 6 n rrnrua5tm : ^ c 1982 0 7977 n{ m [feo e;m xwnwso. t 1961 a � SE Alio • b`,$ � �N. n LW.Y. 2 y, State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the l St day of September 2016, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. TET In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2021. b'�f/81.\Gs -J,r 58440-5-16 Printed in U.S.A. Marie C. Teneault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of _December 20 16 KevinnE Hughes, AssZtt Sec tt'€ ary 61. \Ai•: �,d4 l£. 094,741 OPttV IMO ,rpSWp� r -G _� ee,{'+n� 9 Uk0APoR51fa H ettOR>=PI�c,: r e'yncOn9T,'�ot n H4nF0aD. n " MR. rN 96aI �y aT r 1951 0 ��tiSEAI�o^ g88RL� WNN. a o+ v . A� s T , i.;," +sem, r ANa ''•�+ rlya° I...... �fitl Alp To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF