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HomeMy WebLinkAbout001008 Original Contract City of Port Angeles ® Record #001008 r► WASH I N G T O N, U. S. A. Public Works & Utilities Department September 16, 2015 Fidelity and Deposit Company of Maryland Attn: Christy M. Braile 1400 American Lane, Tower 1, 18th Floor Schaumburg, IL 60196 SUBJECT: RELEASE OF PERMIT BOND NO. 09196444 Dear Christy, Fidelity and Deposit Company holds the above noted Permit Bond for Terracon Consultants, Inc. This bond was issued unto the City of Port Angeles, as Obligee, for the sum of$5,000.00. The City of Port Angeles has accepted the project with no outstanding work to be completed. Fidelity and Deposit Company and Terracon Consultants, Inc., are hereby released from the obligations of said bond. Sincerely, Puntenn City Engineer Attch: Permit Bond # 09196444 cc: File Terracon Consultants, Inc. tc Q-is r N:\PWKS\ENGINEER\ROW Construction\2015 Penits\15-30 Soil sampling\Bond Release.docs Phone: 360-417-4800/Fax: 360-417-4542 ebsite: www.cityoipa.us/ mail: publicworks @cityofpa.us 321 cast Fifth Street - P.O. Box 11 50/ Port Angeles, WA 98362-0217 COPY PERMIT BOND Bond No. 09196444 KNOW ALL MEN BY THESE PRESENTS: THAT, WE Terracon Consultants Inc as Principal, and Fidelity and Deposit Company of Maryland a Maryland Corporation, with principal office at 1400 American Lane Tower 1 18 In Floor Schaumburg IL 60196, as Surety, are held and firmly bound unto City of Port Angeles Washington in the sum of Five Thousand and No/100 Dollars ($5,000.00), for the payment of which sum, well and truly to be made, we bind ourselves, our personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the said Principal has been or is about to be granted a Permit by the City of Port Angeles Washington. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as permittee, shall comply with any laws, statutes, ordinances, rules or regulations pertaining to such permit issued to the Principal, then this obligation shall be void, otherwise to remain in full force and effect. The term of this bond shall be from August 24, 2015 to August 24 2016. The liability of the Surety shall in no event exceed, Five Thousand and No/100 1$5,000.00) DOLLARS in the aggregate, the penal sum of this bond. PROVIDED FURTHER, if the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty(30) days notice in writing to said Obligee SIGNED, SEALED AND DATED this 24th day of August, 20 15 . Terracon Consultants, Inc. Witness: Principal f Fidelity and Deposit Company of Maryland Witness Surety t � t By: I . Christy M.iBYaile, Attorney-in-Fact EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8.Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto,and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1. the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." y This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. iN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this —day of 20 wo ocioy� ,vGp+ u��",+, 8RAL lowpo �MIM'kNWy t Michael Bond,Vice President �I I I I 001008 C i 11 W rW n 2 20{3 Fidelity and Deposit Company of Maryla d - , , _ _ CITY �! 10f!T ANGELES Surety Service Center 1400 American Lane, Tower 2, Floor 9 Schaumburg, IL 6 196 KKY CLERK Bond No. LPM9196444 NOTICE OF CANCELLATION Date: OCTOBER 28, 2015 City of Port Angeles 321 E. 5th Street Port Angeles WA 98362 The undersigned Surety upon a certain Bond in your favor as follows: Principal: Terracon Consultants, Inc. Bond No: LPM9196444 License No: Amount of Coverage: S 5,000 Effective Date: 08/24/2015 hereby notifies you that it desires to cancel and does hereby cancel said bond as an entirety. Such cancellation to become effective at Thirty (30) days from receipt of this letter. It shall be presumed that you receive this letter within five (5) days of this notice. Please send written confirmation of this notice to the addre s below. This notice is given to you in accordance with the cancellation provision contained in said bond. By: � vetj Lisa L. Schumacher Attorney -in -Fact Fidelity and Deposit Company of Maryland trading as Zurich North America Surety Attn: Surety Service Center 1400 American Lane, Tower 2, Floor 9 Schaumburg, IL 60196 CC: LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 641121906 Terracon Consultants, Inc. 21905 - 64th Avenue West, Suite 100 Mountlake Terrace WA 98043 LPM90002 Ed.(07 /03) LPM9196444 Bond Number City of Port Angeles Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint LISA L. SCHUMACHER its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28TH day of OCTOBER , A.D. 2015 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4 yip Pilp�ry By: Assistant Secretary Vice President Gerald F. Haley Michael P. Bond State of Maryland County of Baltimore On this 28TH day of OCTOBER , A.D. 2015 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officerof the Company aforesaid, and thatthe seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officerwere duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �C) GEN00011 Ed.(07/15) Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28TH day of OCTOBER 2015 .� DLr4rr. 4* ti f �Y R s ��r t1M � To;vj s un 7ea Thomas O. McClellan, Vice President