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HomeMy WebLinkAbout000939 Original Contract City of Port Angeles Record #000939 M E M PUBLIC WORKS & UTILITIES DEPARTMENT O DATE: JANUARY 15, 2016 TO: CITY CLERK FROM: ROGER VESS, Engineering SUBJECT: ATTACHED PERFORMANCE BOND#717411008 This bond is for the construction of stormwater piping installed in City right of way by JGC Enterprises, LLC. The work is for Wave Broadband located at 116 W 8th St, and authorized by Right of Way Construction permit #15-42 Western Surety PERFORMANCE BOND Bond Nuicber: 71741008 KNOW ALL PERSONS BY THESE PRESENTS, That we JGC Enterprise, LLC of PO Box 1028, Seabeck, WA 98380 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Port Angele of P. O. Box 1150, Port Angeles, WA 983620000 hereinafter referred to as the Obligee, in the sum of sixty Thousand Seven Hundred Seventy-one and 75/100 Dollars ($60, 771• 75 __) for the payment of which we bind ourselves; our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of fouapai r T aki nod Frn�nrl yt i nn-4Pa1 tip Ari F�i tit i ng Leaki nn Forindat i Qn By Installing A 4 Inch Curtain Drain NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 13th day of January 2016 JGC Enterprise, LLC (P . eipal) — B --_ Seal Y (Seal) • �Qp�ATE �. Western Surety Company (Surety) By — -- -- -- (Seal) avid o !.. Y Attorney-in-Fact Form F4597 Western Surety Company POIATR OF ATTORNEY- CERTIFIED COPY Bond No. 717 410 0 Know All Men By These Presents,that WESTERN SURETY CO1\4PANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint David H. Co-nriolly its true and lawfid attorney(s)-in-fact, with full power and authority hereby conferred,to execute, acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: JGC Enterprise, LLC" Obligee: City of Port Angeles Amount: $500,000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize_ The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,runless used before midnight of March 10 2016 but until such time shall be irrevocable and in full force and effect. Inrt Wkieiaf,Western Suety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its cor % e al"t6'be.ai this 13 t h day of Ja n u a r_y y 016 WEST R / 'StJRE ' COMPANY 0 &�l ,SO`UTaI ,Y A Paul T. ruflat,Vice President COU rc&I 1 fi4 A13A eY, Onthis �1�3t1-i day of January inthe year 2016 before me,anotary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. tyy�,yywy�,�„�,s�aba�ae�,�egs,g t s J. MOHR 8 8 SEAL NARY PUBLIC SEAL Notary Public-South Dakota a SOUTH DAKOTA e t�e454iy�o�o rs�i5�ekra5hhh�.h�o�.ao�i t My Cormaission Expires June 23, 2021. I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Suety Company this 13 t clay, of January ''016 WEST R. / �SURE Y COMPANY Paul T.fruflat,Vice President To validate bond authenticity,go to mNiv.c_nasurety.com >Owner/Obligee Services >Validate Bond Coverage. Form F5306-1-2016