024-22 - Sascon, LLC - Contract Maintenance Warranty BondVII.
In
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
Project #:PW2022-002, Contract CO24-22
Surety Bond #: -430(PiOt
Date Posted:
Expiration Date:
RE: Project Name: Lippert Road Repair and Sidewalk Retrofit Project
Owner/Developer/Contractor:
Project Address:
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal"), and , a corporation organized under the laws of the
State of , and authorized to transact surety business in the State of
Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard,
Washington, in the sum of
dollars ($ ) 20% of the total contract amount, lawful money of the United States of
America, for the payment of which sum we and each of us bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of
the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain improvements on
public property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following
written and final acceptance of the project in order to provide security for the obligation of the Principal
to repair and/or replace said improvements against defects in workmanship, materials or installation
during the twenty-four (24) months after written and final approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the
City. It is understood and agreed that this obligation shall continue in effect until released in writing by
the City, but only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of
this Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above -referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of
landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of
the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse
or cessation of the state of the project or improvements as accepted by the City during the twenty-four
(24) month period after final and written acceptance, and includes, but is not limited to, repair or
replacement of defective workmanship, materials or installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or
defects in workmanship, materials or installation to the City -owned real property on which improvements
have been installed, and leave the same in as good condition or better as it was before commencement of
the work.
City of Part Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-19 111412022
Contract No CO24-22
1535557.1- 366922 -0039
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four
(24) months from the date of approval/acceptance of the work by the City, the Principal shall repair
and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so,
then the Surety shall:
Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond
amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its
obligation pursuant to the requirements of subsection 1)(1)(b), the City shall notify the
Surety of the actual cost of the remedy, upon completion of the remedy. The City shall
return, without interest, any overpayment made by the Surety, and the Surety shall pay to
the City any actual costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time
period requested by the City, then the City, its employees and agents shall have the right
at the City's sole election to enter onto said property described above for the purpose of
repairing or maintaining the improvements. This provision shall not be construed as
creating an obligation on the part of the City or its representatives to repair or maintain
such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the
work is not performed in a timely manner, the City shall have the right, without recourse to legal
action, to take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond,
unless the City specifically agrees, in writing, to such alteration, addition, extension or change.
The Surety waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal
action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing
party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable
costs of securing the obligation hereunder. In the event of settlement or resolution of these issues
prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney
fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable
legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond,
but also over and above said bond as a part of any recovery (including recovery on the bond) in
any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-20 111412022
Contract No CO24-22
1535557.1- 366922 -0039
laws of the State of Washington. Venue of any litigation arising out of this bond shall be in
Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured
hereby have been fully performed and until released in writing by the City at the request of the
Surety or Principal.
DATED this day of
SURETY COMPANY
(Signature must be notarized)
By:_
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
VIII.
20_.
DEVELOPER/OWNER
(Signature must be notarized)
By:
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (Form P-2)
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-21
Contract No CO24-22
1535557.1- 366922 -0039
111412022
FORM P-1 / NOTARY BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that (he/she) signed this instrument, and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
IX.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-22 111412022
Con tract No CO24-22
1535557.1- 366922 -0039
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
of that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
X.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
FORM P-2/NOTARY BLOCK
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
of that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-23 111412022
Contract No CO24-22
1535557.1- 366922 -0039
City of Port Orchard
Lippert Road Repair and Sidewalk Refrofct Project HUD-24 111412022
Contract No CO24-22
1535557.1- 366922 -0039