024-22 - Sascon, LLC - Contract Performance Payment BondPERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
LIPPERT ROAD REPAIR AND SIDEWALK RETROFIT PROJECT
PW PROJECT NO. PW2022-002, Contract No. CO24-22
Bond to City of Port Orchard, Washington
Bond No. 7306101
We, Sascon, LLC ,and Old Republic Surety Company
(Principal) (Surety)
a Wisconsin Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and
severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of
Five Hundred Fifty -Seven Thousand Three Hundred Thirteen and 001100THS Dollars ($ 557,313.00 ),
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure
the performance of Principal in connection with a contract dated May 24, 2022, between Principal and
Owner for a project entitled Lippert Road Repair and Sidewalk Retrofit ("Project") — Public Works Project
No. PW2022-002, Contract No. CO24-22 ("Contract"). The initial penal sum shall equal 100 percent of the
Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner
and within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all
other persons or agents who supply labor, equipment, or materials to the Project;
Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW
on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties; and
Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the
amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in writing by the City
at the request of the Surety or Principal.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the
Principal) to faithfully perform the Contract, or
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-15 111412022
Contract No CO24-22
1535557.1- 366922 -0039
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all
laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other
person who provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety
hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's obligation
under this Performance and Payment Bond shall automatically increase in a like amount. Any such
increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and
Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
1st day of June , 20 22.
Sascon, LLC
cipal
194&(Ure of A tho ized Official
Old Republic Surety Company
Surety
C2q
Si at e of Authorized Official ~
61- By .lamie 1.. Marques_ Attorney-in-Fd+ _
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Propel Insurance
1201 Pacific Ave. Suite 1000
Tacoma, WA 98402
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-16 111412022
Contract No CO24-22
1535557.1- 366922 -0039
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF 015% n }
)SS.
COUNTY OF j
On this -Tr" day of -SVY►f—. , 20 IJ before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Dew- Ic A 5
to me known to be the (check one of the following boxes):
o Dy.l ViLr of Yl the
corporation,
V
partnership,
0 individual,
of
the
that executed the foregoing instrument to be the free and voluntary act and deed of said 0 corporation,
0 partnership, 0 individual for the uses and purposes therein mentioned, and on oath stated that n he
nshe was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
ALEXIS M MCGONEGLE
Notary Public
State of Washington
Commission # 21006434
My Comm. Expires Feb 7, 2025
Notary Seal with Ink Stamp
Nexis 1'�lG o►nGq 1C.
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at t--'% a }7 i C \ICA kk C-\j
My Commission expires: f 2�25
City of Port Orchard
Lippert Road Repair and Sideivalk Retrofit Project HUD-17 111412022
Contract No CO24-22
1535557.1- 366922 -0039
SURETY ACKNOWLEDGEMENT
STATE OF Washington ]
)ss.
COUNTY OF Pierce
On this 1st day of June , 20 22 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared Jamie L. Marques
to me known to be the Attornev-in-Fact of Old Republic Surety Company , the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that L he a she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year fi t above written.
1f,II if
■,
fllllpllR.
��LE.1AM tij '.,.
0 .
_ PUBLIC,'
Notary Seal With Ink Stamp
Print or type name: Evan William Marques
NOTARY PUBLIC,
in and for the State of Washington
Residing Gig Harbor
My Commission expires: 05/25/2025
City of Port Orchard
Lippert Road Repair and Sidewalk Retrofit Project HUD-18 111412022
Contract No CO24-22
1535557.1- 366922 -0039
�t #
* OLD
REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: Eric A. Zimmerman, Cynthia L. Jay, Julie R. Truitt, Jamie L. Marques, Carley Espiritu,
Aliceon A. Keltner, Christopher Kinyon, Diane M. Harding, Annelies M. Richie, Brandon K. Bush, Jacob T. Haddock, Holli Albers,
Erica E. Mosley, Katharine J. Snider, Amelia G. Burrill, Justin Dean Price of Tacoma, WA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 5th day of November 2021
� $(;Re OLD REPUBLIC SURETY COMPANY
W GOPVOHIT! p'.
j 3 SEAL a `�
1 olosA
Y'
Ass —ant Secreta y
* President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 5th day of November 2021 personally came before me, Alan Payllc
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
�QsAR....
p4e00;. Notary Public
My Commission Expires: SeDtember 28. 2022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assiutant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
,.0 • SII A�sT ..
p Y
788560 SEAL Signed and sealed at the City of Brookfield, WI this
ORSC 22262 (3-06)
I St day of
June 2022
Propel Insurance Agency LLC