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HomeMy WebLinkAbout000585 Original ContractCity of Port fknoeles Record #i000585 PERFORMANCE AND PAYMENT BONE) Bond to the City of Port Angeles and Bonder 7542635 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Peninsula Housing Authority , as Principal, and _ Indemnity (;omoana of California a corporation, organized and existing under the laws of the State of 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 Port Angeles and n/a , In the penal sum of $ Fif ty-f our thousand one hundred f ift - p��3;� for the payment of which sum on demand we bind ourselves and our successors, heirs, ad min isfrafors or`Aer bnai representatives, as the case maybe, .'.California This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port Angeles. DATED at Lake Oswego, OR W� { this 14 thday of TIarch 2013 The conditions of the above obligation are such that: WHEREAS, the City of Port Angeles has let a certain right -of -way permit to Peninsula Housing Authority R.19;W Permit authorizing construction of certain improvements within public right -of -way, which will be dedicated to the public and City of Port Angeles has let or is about to let to the said Peninsula Housing Authority the above -named principal', a certain contract, the said contract being numbered , and providing for the construction of the improvements to be constructed in the City of Port Angeles right -of -way and dedicated to public use, which contract is referred to herein and is made part hereof as though attached hereto; and, WHEREAS, the.principal has accepted, or is about to accept, the said contract, and undertake to perform the work herein provided for in the manner and within the time set forth; NOW, THEREFORE, al, Peninsula HousinaAuthori y p , $� If the Principal, faithfully perform all of the provisions of said contract in the manner and within the time set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materiaimen, and all per -sons who shall supply said Principal or subcontractors with the provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Port Angeles and n/a harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one (1) year after its acceptance hereof by City of Port Angeles and n/a , then and in that event, this obligation shall be void; but other -wise, it shall be and remain in full force and effect. Signed this 14th day of March. Indemnity Company of California SURETY 2013 Peninsula Housing Authority PRINCIPAL r---- 77;4Z---- B Ili / %�i'j�.��\ B y y Ger M. Burnei't Title �ttorney -in -fact Title 6,e6r- V -,t'te-e-�62- Performar:ce and Payment Bond.doc January 25, 2040 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Eric Englund, Lisa Mc Clellan, Matt Skelton, Sean Flinn, Blaine D. Williamson, Geri M. Burnett, Morag A. Corey, jointly or severally*** as their true and lawful Attorney(s) -in -fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such PnWP.r of AftnrnPy; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such 0........ ..L ftii...n..., n. .....t;F....1.. 1......:...- ......L t......:...:i_ ..:.._.......... _ II L.....1' Power nl-may VI calf. sate bearing such facsimile signaIures shall be valid and binding upon the corporations When so affxed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this November 16, 2012. Bv: \ ' f * t A 1 ND Daniel Young, Senior Vice- President OCT By. Gregg N. 01' ^, bra President State of California,, County of Orange . Amt'} fjz(? �9C, tt 4CT.5 `� _' i 1967 On November 16, 2012 before me, Antonio Alvarado Notary Public Date Here insert Name and Tide of the Officer personally appeared Daniel Young and Gregg N. Okura Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is!are subscribed to the within instrument and acknowledged to me that he /she!they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of • � )- which the person(s) acted, xecuted the instrument. COty M. �# 18W648 � eV NOTARY PUBLIC CA IFtA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORWE ` True and correct. Nty ccxmn, exp'sras Aug. 8, 2iit3 r WITNESS my hand and official seal. j Place Notary Seal Above Signature - Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Pourer of Attorney are in force as of the date of thisertificate. /t ,? This Certificate is executed in the City f Irvine, California, this, "— i "day of r Y � � Y By: Mark J. Lansdon, Assistant Secretary ID- 1380(Rev.11/12) ORT', NGELES W A S H I N G T O N, U. S. A. Public Works & Utilities Department June 4, 2014 Peninsula Housing Authority Attn: Kay Kassinger, Executive Director 2603 S. Francis Street Port Angeles, WA 98362 Re: RELEASE OF PERFORMANCE AND PAYMENT BOND NO. 754263S Pendley Estates Subdivision Mrs. Kassinger Engineering staff has completed the final warranty inspection of the improvements within public right -of- way serving Pendley Estates and found them to be in satisfactory condition and performing as intended. Indemnity Company of California holds the above noted Performance and Payment Bond in the amount of $54,157.50. You and Indemnity Company of California are hereby released from the obligations of said bond, attached. If you have any questions or concerns, please contact Roger Vess at 417 -4812 or rvess(a�cityofpa.us Sincerely, �- Z. raig Ful on, P Director of Public Works and Utilities Copy to: CEDD: Sue Roberds City Clerk: Janessa Hurd Stormwater: Jonathan Boehme File: Maloney Hieghts WPWMENGINEER \Subdivision Correspondence\Pendley Estates - Housing Authority 2300 Block btwn W14th and w 16th formerly RYCORTendley Estates Performance and Payment Bond Release.docx Phone: 360- 417 -4800 / Fax: 360- 417 -4542 Website: www.cityofpa.us / Email: publicworks @cityofpa.us 321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362 -0217 Citr cif Port An��ls Fi -ecord #000585 OF p0RT,44,C N PUBLIC FACILITIES MAINTENANCE BOND Peninsula Housing Authority KNOW ALL MEN BY THESE PRESENTS: That a corporation Principal, and Indemnity Company of California a i.forniaand organized and existing under and by virtue of the laws of the State of _ authorized to do the business of surety in the State of Washington under the laws thereof, as Surety, are held and firmly bound unto the CITY OF PORT ANGELES in the full and just sure of Seventeen thousand four hundred sixty and no /100 -- ($17,460.)----- Qollars, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that Estates WHEAS, the above - named principal(s) is /are about to file a plat named West of W.M.[or, if located in Section , Township North, Range applicable: Block(s) of the Townsite of Port Angeles], Clallam County, Washington, and in the judgment of the- Director of Public Works and w ilities are warrant required to file a bond in the sum above - named, conditioned that the Principal(s) performance and guarantee workmanship and materials used in the construction of streets, alleys, storm drainage systems, sewer lines, manholes, and side sewers, and water mains, valves, hydrants, and appurtenances, by making repairs, correcting deficiencies, and performing emergency maintenance on such public facilities for a period of not less than twelve (12) months from the date of connection to public system. Principal(s) further agree(s) to promptly reimburse the City of Port Angeles for all emergency repairs and /or maintenance necessary, to preserve and maintain public safety and welfare. All necessary repairs shall be performed by the Principal(s) on receipt of seven (7) days' written notice from the Director of Public Works and Utilities directing the performance of such work. At the end of the twelve (12) month period of maintenance by the Principal(s), the Director of Public Works will, upon request by the Principal(s), inspect subject public facilities and, if in condition satisfactory to the said Director of Public Works and Utilities, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the Seal and signature of said Principal(s) its /are h�eoet oaffxed and attested to by its duly authorized Attorney -in -Fact and Agent at Lake this 14th day of March , 2013. Peninsula Housing Authority rE � .� I B y— Indemnity Company of California Surety ) N.'W, -bar SFrJ. -,S Standards`CG ,1,,maintenarce bond.dec Jaruary 26, 2010 Ceri`t.j Burnett, Attorney -in -fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: " "`Eric Englund, Lisa Mc Clellan, Matt Skelton, Sean Flinn, Blaine D. Williamson, Geri M. Burnett, Morag A. Corey, jointly or severally — as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the allorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this November 16, 2012. By: `AND t�� PAN y per Daniel Young, Senior Vice-President gV0R¢��F�,� 10 i - OCT. 5 Q 6y. ° >*;. 1936 ; ,c W 1967 regg N. 0 ice- President 'l�Jy, tpy�*p ,,ab,• ��i �9<lFOFi�`P a� State of California County of Orange On November 16, 2012 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Youna and Grew N. Okura Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized ANTONIO AivARAtx> capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of COMM # 1$60643 which the person(s) acted, executed the instrument. NOTARY PUBLIC CALIFORNIA � I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. My ctsm. expires Aug. 9, 2013 WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Qertificate. / e This Certificate is executed in the City of Irvine, California this' day of f By Mark J. Lansdon, Assistant Secretary ID- 1380(Rev.11/12) "` A N'GELES "I W A S H I N G T O N, U. S. A. Public Works & Utilities Department June 4, 2014 Peninsula Housing Authority Attn: Kay Kassinger, Executive Director 2603 S. Francis Street Port Angeles, WA 98362 Re: RELEASE OF PUBLIC FACILITIES MAINTENANCE BOND Pendley Estates Mrs. Kassinger: Engineering staff has completed the final warranty inspection of the facilities serving Pendley Estates and found them to be in satisfactory condition and performing as intended. Indemnity Company of California holds the above noted Public Facilities Maintenance Bond in the amount of $17,460.00. You and Indemnity Company of California are hereby released from the obligations of said bond, attached. If you have any questions or concerns, please contact Roger Vess at 417 -4812 or rvessOcityofpa.us Sincerely, i raig Fu on, rf Director of Public Works and Utilities Copy to: CEDD: Sue Roberds City Clerk: Janessa Hurd Stormwater: Jonathan Boehme File: Pendley Estates NV WMENGINEEMSubdivision CorrespondencetPendley Estates - Housing Authority 2300 Block btwn W141h and W 16th formerly RYCORTendley Estates Maintenance Bond Release.docx Phone: 360- 417 -4800 / Fax: 360- 417 -4542 Website: www.cityofpa.us / Email: publicworks @cityofpa.us 321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362 -0217