091-22 - K & K Construction, LLC - Contract Performance BondC091-22 C/O No. 1 Attachment A
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
DCD Building Repairs South Face
CONTRACT NO. C091-22
Bond to City of Port Orchard, Washington
We, K & K Construction 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 Twenty Three Thousand, Six Hundred Eighty and 02/100 Dollars
($ 23,680.02 ), 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 August 9th , 2022, between Principal and Owner for a project entitled DCD
Building Repairs South Face Contract No. C091-22 ("Contract"). The initial penal sum shall equal
100 percent of the Total Bid Price, including 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, its heirs, executors, administrators, successors, or assigns:
• 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:
City of Port Orchard and K&K Construction LLC_ Rev. IBDR 4-2022
Public Works Project No. PW2022-016
Small Works Contract No. C091-22
C091-22 C/O No. I Attachment A
• 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.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in
connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees,
whether or not suit is commenced, in addition to the penal sum.
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 29th day of September , 20 22 .
K & K Construction LLC
Princi
Signat of ut rized Official
By r
Phi re
Name ass of AA
local office of
Agent and/or Surety Company:
Old Republic Surety Company
Surety
Signature of Authorized Official
By Emma C. Doleshel
Attorney in Fact (Attach Power of Attorney)
HUB International Northwest LLC
Bothell, WA 98041-3018
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 and K&K Construction LLC_ Rev. IBDR 4-2022
Public Works Project No. PW2022-016
Small Works Contract No. C091-22
C091-22 C/O No. 1 Attachment A
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF n )
)ss.
COUNTY OF �4 -tiff )
On this 6i " day of a . 20-1'2,, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared_174(Y)Io gl criT , to me known to be the (check one of the following
boxes):
[ wrr of fV14,6hQ) the
corporation,
of , the
partnership,
❑ individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said
corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on
oath stated that he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
City of Port Orchard and K&K Construction LLC_
Public Works Project No. PW2022-016
Small Works Contract No. C091-22
cm0c Vq Ici+ YQ
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at uuhN
My Commission expires: 0 Eli b 12,0 2-14
Rev. IBDR 4-2022
SURETY ACKNOWLEDGEMENT
STATE OF Washington )
)ss.
COUNTY OF King )
C091-22 C/O No. 1 Attachment A
On this 29th day of September , 2022 . before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Emma C. Doleshel , to me known to be the attorney -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 ❑ he
X she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
City of Port Orchard and K&K Construction LLC_
Public Works Project No. PW2022-016
Small Works Contract No. C091-22
P Int type name Jim S. Kuich
NOTARY PUBLIC,
in and for the State of Washington
Residing
at: Snohomish County
My Commission expires:
10/26/2024
Rev. IBDR 4-2022
Jl�Arlla'nt ecreta
S
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
* 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: Jim W. Doyle, Chad M. Epple, Jim S. Kuich, Carol Lowell, Ted Baran, Steve Wagner, Theresa A. Lamb, Michael A. Murphy,
Annette Troseth, Amanda L. Ivey, Sarah Behrens, Emma C. Doleshel, Heather L. Allen, Natalie C. Chau of Bothell, 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 attomey-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 24th day of June 2022
J: ,
C/ GoaVOaArf``• ;
SEAL >'
OLD REPUBLIC SURETY COMPANY
04-
President
On this 24th day of June 2022 , personally came before me, Alan Paylic
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.
01A
••'• AU66�G:r
Notary Public
My Commission Expires: September 28, 2022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant 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.
C sun
O��Fr`,,'
Q .,. ` O '
(v : GO Tf O'
785757 o SEAL) = Signed and sealed at the City of Brookfield, WI this �f1 1 day of a^ ','7'.
ORSC 22262 (3-06)
Assis...,lt SeCreta
Hub Int'I Northwest LLC