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HomeMy WebLinkAboutC&E Trenching, LLC - Pearl Street Lift Station Retainage Bond (CP7-SE-1A-15-41)Bond No. 7901027133 BOND IN LIEU OF RETAINAGE KNOW ALL MEN BY THESE PRESENTS, That we, C&E Trenching, LLC as Principal, and Nationwide Mutual Insurance Company as Surety, are held and firmly bound unto City of Pasco as Obligee, in the sum of Fort Nine Thousand One Hundred Thir1y Six and 07/100 dollars ($ 49,136.07 ), lawful money of the United States of America, to the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, on March 13, 2020 the Principal and Obligee entered into a contract for the construction of the 15002 Pearl Street Lift Station Contract No. CP7-SE-1A-15-41 and; WHEREAS, obligee has elected to withhold from funds due or about to become due the Principal such sum as is necessary to protect itself from claim or claims unless Principal furnishes a Surety Bond guaranteeing to hold Obligee harmless from all loss it may suffer by reason of its releasing retainage to the Principal. NOW, THEREFORE, if the Principal shall indemnify the Obligee from all loss which Obligee may suffer by virtue of release of retainage to Principal, then this obligation to be null and void, otherwise to be in full force and effect. PROVIDED, HOWEVER: It is expressly understood and agreed that: Any suit or action hereunder must be brought within 90 days of the date a proper court has rendered its decision on the validity and enforceability of the claim. 2. The laws of the State of Washington shall be applicable in the determination of the rights and obligations of the parties hereunder. 3. No right of action shall accrue upon or by reason hereof to, or for the use or benefit of anyone other than the Obligee herein named. IN WITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals this day of March , 2020 . S-6096/GEEF 4/00 C&E Trenching, LLC 24th Principal By: Curtis Wray, Managffig Member Nationwide Mutual Insurance Com any By: I -- ` u ' " Jared W. Haf , ttorney-in-Fact (5r FRP Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation 0000006205 hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: GLENDA D SIMONSON; JARED W HAFF; JASON BRAVO; JOSH RTONER; JUSTIN B TONER; each in their individual capacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby rated and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 2r day of February, 2019. 4 *_ Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company 4'A, ACKNOWLEDGMENT Or STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this 2r day of February. 2019, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes ri and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the ►�f corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Suranne C. Della Notary public, State of New York No. 02DE612W9 Qualified in Westchester County Commission Expires September 16,20Z1 Notary Vuplic My C-un-ien Erpv September 16, 2021 CERTIFICATE 1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WIT ESS WHEREOF, I have hereunto subscribed my name' as Assistant Secretary, and affixed the corporate seal of said Company this day of prr 202.0 Assistant Secretary BDJ 1(02-19)00 This document is void if VOID appears in the BLUE line on the right, the Nationwide watermark is missing from the center of the page and/or the red consecutive number is missing from the upper right-hand corner. Contact us at 212-329-6900 if this document is void or if you have any questions.