116-22 - All Around Fence Company - Contract Warranty BondsCITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: Contractor will be required to provide a warranty/maintenance bond effective at
project close out prior to either release of the performance bond or release of the 10%
retainage.)
PROJECT #, PERMIT #, PW2022-020
CONTRACT #
C116-22
SURETY BOND #:
6177324
DATE POSTED:
DECEMBER 20, 2022
EXPIRATION DATE:
DECEMBER 20, 2024
RE: Project Name: BAY STREET PEDESTRIAN PATHWAY REPAIRS
Owner/Developer/Contractor
ALL AROUND FENCE COMPANY, INC
Project Address: 1 215 BAY ST PORT ORCHARD WA 98366
All Around Fence
KNOW ALL PERSONS BY THESE PRESENTS: That we,Company, Inc (hereinafter called the
"Principal"), and Federated Mutual Insurance companya corporation organized under the laws of the State
of Minnesota 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 Three Thousand Six Hundred Eighty -Nine and 40/100—
dollars ($ 3.689.40 ) 20%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:
Oty of Port Orchard and All Around Fence Company Rev. IBDR 4-2022
BAY STREET PEDESTRIAN PATHWAY REPAIRS
Public Works Project No. PW2o22-om
Small Works Contract No. 116 22 Page 26 of 60
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)
Install 80' of Black chain link fence on public easement in Port Orchard.
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,) fora 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 shall leave the same in as good condition 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). 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.
Gty of Part Orchard and All Around Fence Company Rev. IBDR 4-2022
BAYSTREET PEDESTRIAN PATHWAY REPAIRS
Public Works Project No. PW2022-020
Smoll Works Contract No. 116-22
Page 27 of 50
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.
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 20th day of December 2022.
City of Port Orchard and All Around Fence Company Rev, IBDR 4-2022
BAY STREET PEDESTRIAN PATHWAY REPAIRS
Public Works Project No. PW2022-020
Small Works Contract No. 116 22 Page 28 of 50
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\�,%JALIW$ prr�ri
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SEAL
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.'•.4AT0�gDMPANY
rf�ff,,`,rrl�fftfllklt+►"''�-&&,ire must be notarized)
By:
IiS Lisa ush - Atto y-m-Fact
Federated Mutual
Business Name: Insurance Company
Business Address: PO Box 328
City/State/Zip Code: Owatonna, MN 55060
Telephone Number: (507)455-5200
CITY OF PORT ORCHARD
By:
Its: Public Works Director/City Engineer
DEVELOPER/OWNER
(Signature must be notarized)
By
Its
Business Name: All Around Fence Company, Inc
Business Address: P.O. Box 98909
City/State/Zip Code: Lakewood, WA 98496
Telephone Number: (253) 537-8669
Date:
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (Form P-2)
Oty of Port Orchard and All Around Fence Company Rev.
SAY STREET PEDESTRIAN PATHWAY REPAIRS
Public Works Project No. PW2022-020
Small Works Contract No. 126--22
ISDR 4-2022
Page 29 of 50
FORM P-1 / NOTARY BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON I
ss.
COUNTY OF KITSAP 7
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:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and Ali Around Fence Company Rev. IBDR 4-2022
BAY STREET PEDESTRIAN PATHWAY REPAIRS
Public Works Project No. PW2022-020
Small Works Contract No. I16-22 Page 30 of 50
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.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Gty of Port Orchard and All Around Fence Company Rev. IBDR 4-2022
8AY STREET PEDESTRIAN PATHWAY REPAIRS
Public Works Project No. PW2022-010
Small Works Contract No.116-22 Page 31 of 50
(Surety Company)
STATE OF WAS fflCTT6N- j
Minnesota
S5,
COUNTY OF Steele i
I certify that I know or have satisfactory evidence that usa Roushar is the person
who appeared before me, and said person acknowledged as the
Attorney -in -Fact of Federated Mutual Insurance Company 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.
SARAH RENAE DWINNELL
+ NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2025
City of Port Orchard and All Around Fence Company Rev.
BAYSTREET PEOESTRIAN PATHWAY REPAIRS
Public Works Project Na. PW2022-020
Small Works Contract No.116-22
Dated: December 20, 2022
Sarah Renae DMnnell
(print or type name)
NOTARY PUBLIC in and for the State of Minnesota
State el:hington, residing
at: Owatonna, Minnesota
My Commission expires: January 31, 2025
IBDR 4-2022
Page 32 of 50
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That FEDERATED MUTUAL INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the State of Minnesota, and having its principal office in the City of Owatonna, State of
Minnesota, does hereby constitute and appoint:
LISA ROUSHAR of the City of OWATONNA
of MINNESOTA
its true and lawful attorney for the following purposes:
State
To sign its name as surety to, and to execute, affix the seal, acknowledge and deliver any and all surety
bonds and penalties not exceeding:
ONE HUNDRED THOUSAND DOLLARS ($100,000) EACH
ALL AROUND FENCE COMPANY, INC LAKEWOOD, WA
The execution of such bonds or undertakings in pursuance of these presents shall be binding upon the
Company as if they had been executed and acknowledged by the regularly elected officers of the Company.
This Power of Attorney granted by Federated Mutual Insurance Company shall terminate when the
designee ceases to be:
1) Employed by Federated Mutual Insurance Company or
2) Employed by Federated Mutual Insurance Company in a job for which such Power of
Attorney is required.
IN WITNESS WHEREOF, the said FEDERATED MUTUAL INSURANCE COMPANY has caused
this instrument to be signed and its corporate seal to be affixed by its Executive Vice President and Assistant
Secretary this the 1ST day of FEBRUARY 2020
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tiNsU'�/r���r� FEDERATED MUTUAL INSURANCE COMPANY
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G0 RqTF • �? BY
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d BY Presider
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As d tent Secretary
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STATE OF MINNESOTA
COUNTY OF STEELE
On this 1ST day of FEBRUARY, 2020 personally appeared before me, the undersigned notary
public, James A. Thon and Jonathan R. Hanson to me personally known, who, each being duly sworn by me, did
say that they are respectively the Executive Vice President and Assistant Secretary of the FEDERATED MUTUAL
INSURANCE COMPANY and that the seal affixed to this instrument is the corporate seal of said Corporation and
that this instrument was signed and sealed of behalf of said Corporation by authority of its Board of Directors and
said James A. Thon and Jonathan •R- Hanson acknowledge said instrument to be the free act and deed of said
corporation.
KELLY J.
1 4?NOTARY PI8ULIC -NXNE$ WIINNE90TA
(SEAL,) lylPmnut+lon W" ift tl, 202i
COPY OF RESOLUTION
"BE IT RESOLVED that the President or any Vice President in conjunction with the Secretary is hereby
authorized and empowered under the corporate seal of the Company, to appoint any person or persons as attorney
or attorneys -in -fact, or agent or agents of the Company, in its name and as its act to execute and deliver, anywhere
in the United States or Canada, any and all bonds and undertakings of suretyship and other documents that the
ordinary course of surety business may require."
"BE IT FURTHER RESOLVED that the Power of Attorney or other document appointing such person or
persons as attorney or attorneys -in -fact or agent or agents of the Company may either be personally signed by the
President, any Vice President, the Secretary or may be executed by said officers by means of facsimile signatures.
The said personal signatures or facsimile signatures shall not require the Company seal or any other seal and shall
be valid and binding on the company if executed either by personal signature or facsimile signature and with or
without the Company seal being affixed thereto."
1, the undersigned, hereby certify that I am a Executive Vice President of the FEDERATED MUTUAL
INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Minnesota and
that the foregoing is a true and complete copy of the original Power of Attorney given by said Company to:
LISA ROUSHAR of OWATONNA, MINNESOTA
authorizing and empowering such person to sign bonds as therein set forth, which Power of Attorney has never
been revoked and is still in full force and effect.
I further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular
meeting of the Board of Directors of said Company duly called and held at the office of the Company in the City of
Owatonna, Minnesota on the 201 day of April. 19 82 at which meeting a quorum was present and that the foregoing
is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of the said meeting.
PURSUANT to the By -Laws of Federated Mutual Insurance Company, Article 8, Section 1; in the absence
of or inability of the Secretary to act, his duties shall be performed by the Assistant Secretaries in the order of their
rank.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the FEDERATED
MUTUAL INSURANCE COMPANY this the 20TH day of DECEMBER 2022
L INS
p JGpRp�R9p .'�•` FEDERATED MUTUAL INSURANCE COMPANY
01
• SEAL^
xecutive Vice President
It's Our Business to Protect Yours
INSURANCES'®
Surety Bond Seal Addendum
Federated Mutual Insurance Company has authorized its Attomey-in-Fact to affix Federated Mutual
Insurance Company's corporate seal to any bond executed on behalf of Federated Mutual Insurance
Company by any such Attorney -in -Fact by attaching this Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of Federated Mutual
Insurance Company by its Attomey-in-Facts, Federated Mutual insurance Company hereby agrees
that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate
seal was physically affixed to the face of the bond.
AF-351 Ed.05-21