046-22 - Central Paving, LLC - Contract BondsPERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2022 CITY WIDE ASPHALT PAVING PROJECT
PW PROJECT NO. PW2022-006
Bond to City of Port Orchard, Washington
Bond No. 2324063
We, Central Paving LLC ,and Swiss Re Comonsts solutions Manes Insurance Co,ao,snon
(Principal) (Surety)
a MO 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 Six Hundred Ninety Thousand Three Hundred Forty Seven and 401100 Dollars
1$690,347.40 ), 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 20�2 between Principal and Owner for a project entitled
2022 City Wide Asphaa Repair Project ('Project") — Public Works Project No. PW2022-006
("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, lowertier 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.
Rev 129118 by SEC
City i orchard
2022 City Wide Asphalt Repair Project, PRWECTMPW2012-006, Coorra[vttC046-22
E 21
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
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 orthe 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 j21. identirl-
counterparts this 2nd day of June 2022 _
Central Paving, LLC s hsae cer9o,ele solumna Araefto co.i,.e , - -
Principal Surety
S' ature of rued Official Signature of Authorized Official
$T.' C >nREt-t� cl6Nay A, HAOna'm By Lori McKimmy, Attorney -in -Fact
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Terril, Lewis 8 Wilke Insurance, Inc.
112 South Fourth Street
Yakima, WA 98901
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.
Rev 1129118 by SEC
Cary of Pon Orchard
2022 City Wide Asphalt Repair Project. PRO✓ECTPPW2022-000,, ConnaQHC046-22
1P 2
SURETY ACKNOWLEDGEMENT
STATE OF WA )
)ss.
COUNTY OF Yakima )
On this 1st day of June 2022 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Lori McKimmy , to me known to be the Attorney -in -Fact
ofSx Re Co carte SdolionsAmens lnsumn¢ Coryomtlon 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 0 he n
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
1Jn±(- c "G Rctr,%
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing yc k.(rymc i ((_'.) r-t%
My Commission expires: 13 -aiT - '20 a3
Rer I/29,18 bySEC
DO, of Pon Orchard
2022 City Wide Asphalt Repair Project. PROJEC7t#PW2021-006. Contmct#C046-22
L 24
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION F/K/A NORTH AMERICAN SPEIZIALTY MSURANCECOMPANY ('SRCSAIC-)
SWISS RE CORPORATE SOLMIONS PREMIER MSURANCE CORPORATItAV FWA WASHMGTONMTERNATIONALMSURANCECOMPANY ('SRCSPIC')
WESTPORT MSURANCECORPORATION('WIC'
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
KENNETH J. FRICK, LORI McKIMMY, DONNA MARTINEZ, AARON McCOY, RODNEY C. LEWIS
and NANCY SALSET
JOINTLY or SEVERALLY
Its we and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or otherwritings
obligatory in the name of a bond on behalfof each ofsaid Companies, as surety, on contracts ofametyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or connect msuretyship executedorder this authority shall exceed the
amount of.
TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Anomey is granted and is signed by facsimile under and by the authority ofthe fallowing Resolutiora adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by wrinm consent of its
Executive Committee dated July 18, 2011.
'RESOLVED, that any two ofthe President, any Managing Director, any Senior Vice Presidmt, MY Vice Presidmt, the Secretary or soy Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power ofAmaney qualifying the amine named in the given Power of
Attorney to execute on behalf of the Corpmatim bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Anomey and to attach therein the seal ofthe Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal ofthe Corporation may be affixed to any such Power of Anomey or to
any certificate relating thereto by facsimile, and any such Power of Anomey or certificate bossing such facsimile signatures or facsimile seal aball be
binding upon the Corporation when an affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
9WIITiO,V"M
fxp,bj�'avoR.jy. % "'Re, •Pjadl ;s y� RY
C?4-a jN .bb 1�....y.y GYJmmey Snbr Vke Prttltle' satS.VCh WaZ Vke PrnWur aa� ,i IV is ofaRr$PIC4ambr Vke PrtW®, ar W1f `
asi S E A L}>: _ S E A L'a:
>:, 1973
pJai :Y/BSOJP: �O�
"v�llg i.Yka„3 ` s� asoV.a'p�.+ GmuJyu„nq v4. vremenmsarsvee vac Pr.ae..rrsaesne 4
'Kr 3 �Mp„�+ 4Vke P,tid®, of Nl[
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to M hereunto edbted. and these presents so be signed by their
authorized officers
ids 2an1 day a APRIL 2022
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Be Corporate Solutions Premier Insurance Corpotafian
CounryofCook ® Westport Insurance Corporation
On ids 29TH day of APRIL 20 12 before mc, a Notary Public personally appeared Erik Janssms , Senior Vitt President of SRCSAIC
and Senior Vitt PMddeot of SRCSPIC and Senior Vice Pres cirnr of WIC and Gerald Jamowski , Vice Presidentol-SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swore, acknowledged that they signed the above Powerof Anomey
m olficestofand acknowledged said instrument to be the wh,...v an and d. maheir respective cornpaniea
...m
w ri
Yasmin A. Patel, Notary
I,reffiovis. nomthedulydecad 1criy_V_;cefAmomtand Abysaid ofnd SRCC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a rare and cosies copy ad+ Fower otAlmmey given by said SRCSAIC and SRCSPIC and WIC, which is an][ in fall force sand eRem.
IN WITNESS WHEREOF.:e2ve cat mytrmd sad s(Fzcd ire seals of the Companies th6=day oC rase , 20 22.
Jeffrey Goldberg, Serum Vice President &
- Assistant Smretery of SRCSAC sod
_ _ SRCSPIC and WIC
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
Project #:PW2022-006
Surety Bond #: 2324063M
Date Posted: 5242022
Expiration Date: 5242024
RE: Project Name: 2022 City Wide Asphalt Repair
Owner/Developer/Contractor: Central Paving, LLC
Project Address: Port Orchard, WA
KNOW ALL PERSSONSJY THESE fffSEUTTS: That we, Central Paving. LLC (hereinafter
wi s Corporate of ons erica
called the "Principal'), anmurancecorporauon , a corporation organized under the laws of
the State of MO 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 One Hundred Thirty Eight Thousand Sixty Nine and 481100
dollars ($138,069.48 ) 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
Rev /aWM by SEC
Cory ajPon Orchard
2022 Ctry Wide ASphoU Repolr Project. PROJECT#PW2022-006. Con1rac1#C04&22
L 25
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.
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:
1. 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). tenderto 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.
Rer 1�19d6 by SEC
Ciry ojPon Orchard
2022 Ciry Wide Asphalt Repair Project. PROJECT 9 PW2021-006, Common 4 046-21
L 26
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 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 2nd day of June
SURETY COMPANY
(Si nature must be notarized)
Its: won Attorney-in-F t
6usine.ss Name_ Swiss Re Corporate Solutions
Amenca nsuT option
Business Address: 1200 Main Street, Suite 800
City/State/Zip Code: Kansas City, MO 64105
2022.
DEVELOPER/OWNER
(Signature must be notarized)
By:
Its:
Business Name: Central Paving, LLC
Business Address: 1410 W. Dolarway Road
City/State/Zip Code: Ellensburg, WA 98926
Telephone Number: 206-571-2053 Telephone Number: 509-929-1044
Rev 129118 6y SEC
CirysfPan OrC&M
2022 City Wide Asphalt Repair Projecl, PROJECT 4 PW2012-006, Canvacr 4C046-22
Lo-29
FORM P•2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTYOF )
I certify that I know or have satisfactory evidence that Ulecc 1iwR-'1-t is the
person who appeared before me, and said person acknowledged as the
Crycmt_ HAN&gglm of CFNiTINt_ i?P.Vt&ICi t.t.0 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.
TIFFANY HOUSER
Notary Public
State of Washington
Commission # 166623
My Comm. Expires Jun 1, 2025
NOTARY PUBLIC in and for the
State of Washington, residing
at: ELltv(Asl�u,rt+,-t/.
My Commission expires: L-1-9'PIL
Rev 1129118 by SEC
Of, al Pon Orcha f
2022 Cic, Wide Asphalt Repair Project, PROJECT#PW2022-006. Commact#C006-21
E 29
FORVI P-21 NOTAW EL=
(Surety Company)
STATEOFWA9-IINGTON )
ss.
COUNTYOF Yakima )
IcertifythatIknow orhave satisfactory evidence that LoriMcKimmy isthe
person who appeared before me, and said person acknowledged asthe
Attorney -in -Fact of S.- R. aim sd.m . 0.re.. cwo. 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: June 2, 2022
(print or type name)
NOTAR(PU6UCinand for the
Sate of Washington, residing
at:
MyCbmmissionexpires: IQ R-QL '13
ray+rmnsbyX-C
LrtyafPCdorCtWd
2o22Qty Wd&AWhaft RWar F1'gea, PFQ/ECT#WYNZI-coo (brWact #Grwazz
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SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION F/K/A NORTH AMERICAN SPECIALTY INSURANCECOMPANY ("SRCSAIC-)
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION FWA WASHMGTONMTERNATIONAL MSIJRANCE COMPANY ("SRCSPIC-)
WESTPORT INSURANCE CORPORATION C WIC-)
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation mgam eed and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kamaas City, Missouri, each does hereby make, constitute and appoint:
KENNETH J. FRICK, LORI MCKIMMY, DONNA MARTINEZ, AARON McCOY, RODNEY C. LEWIS
and NANCY SALSET
JOINTLY or SEVERALLY
Its we and lawful Atmmay(s}in-Fact, to make, eaecate, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts ofauretyship as ere be may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Atmmey is granted and is signedby facsimile under and by the authority of the following Resolutions adoptedby the Boards of
Directors ofboth SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 202I and WIC by written consent of its
Executive Committee dated July 18, 2011.
'RESOLVED, that soy two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary many Assistant
Seermary be, and each or any fdamn hereby is, authorized to execute a Powerof Anomey qualifying the matmey named in the given Powerof
Attomey to execute on behalf ofher Corporation bonds, undertakings and all mntracu of surety, and that each or any of them hereby is authorised to
anent to the execution ofany such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power ofAttomey or to
any certificate relating thereto by facsimile, and any such Power ofAmomey or certificate hearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
soiunoq"'+,
aoe°:cbw°°w°yes'.:m�a, By
p EXaJae,mm.ambr Vine Pealam,Na0.C3A1C 65mieeVMRNamt �.'AL •t
SE A L RcaPrL n mu vac Pmmm„ w r
ayywb'. 1973 :b-£ `.:yam J '•C..•'fJ
By
a2ya'5���380JP��+eLVW Jgemy Vlm RMim 5¢C3.a 6V¢e PrtYEu,eraRCSFlC 0.
n VRePmlJml o(NIC'C
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC bavecaused their official seals m be hereunto affixed, and these presents to be signed by thew
authorized offices
this 29'IR day a APRIL 2022
Swiss Re Corporate Solutions America Insurance Corporation
Sure of llliJwia Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ® W'eatport Insurance Corporation
On data 29M day of APRIL , 20 22 _ before me, a Noury Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President a WIC and Game Jaamwski , Vice Preaidmt of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, Personally known to me, who being by me duly swum, acknowledged that they signed the above Powa ofAm m ,
as officers ofand acknowledged said instrument to be the volum-ov u,no„d d w ofd,a. respecti
v
e
companies.
x«.m,.s..... ,%
Y.umia.0 P kC and ury
1, reffievgoin Goldberg,atomthe duly elected of alm Vice Prey d t d Ass' um S eSAI of SRC$A1C nob SRCSPIC and WIC, do hereby certify that the above and
foregoing u a true and correct copy of a Power of Attorney given by said SRCSAIC and 2----, by
WIC„ Mdch 1s still in fall Corce and efien.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies �b;� "-•-; lJy hi:_ _ -^l__ 20 22.
Jeffrey Goldberg, Senior Vice President &
- As,h, a Emrat,•uf SRCSAIC and
SRCSPIC tid WIC