HomeMy WebLinkAbout063-25 - Active Construction, Inc. - Contract Performance and Payment BondPERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
INSERT PROJECT NAME PROJECT
PUBLIC WORKS PROJECT NO. PW2025-007
Bond to City of Port Orchard, Washington
Bond No. 023236310
We, Active Construction, Inc. , and Liberty Mutual Insurance Company
(Principal) (Surety)
a Massachusetts 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 Two Million, Seven Hundred Twenty-four Thousand, Seven Hundred Twenty-four and No/100 Dollars
($2,724,724.00 ), 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 , 20_, between Principal and Owner for a project entitled
Sidney Road Non -Motorized Improvements ("Project") — Public Works Project No. PW2025-007
("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
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 23rd day of July 12025 .
Active Construction, Inc.
Principal
Signature of Authorized Official
i)cAVIct C'eccoA PVes;a=A-
Printed Name and Title
Liberty Mutual Insurance Comp"a�
Surety yam_
Signature of Authori d ficia'r
By Holli Lagerquist. Attorney -in -Fact_
Attorney in Fact (Attach Power of Attorney)
Name and address of local office of Propel Insurance
Agent and/or Surety Company: 1201 Pacific Ave., Suite 1000
Tacoma, WA 98402
Surety companies executing bonds must appear on the current Authorized Insurance List in the
Stats,of,W,ashington per Section 1-02.7 of the Standard Specifications.
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SEAL
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF QSY�i1Rq )
ss.
COUNTY OF Tier_ )
On this I day of , 202, before me, the undersigned, a Notary Public in and
for the State of Wahington, duly commissioned and sworn, personally
appeared tyi Ceccolf\ N , to me known to be the (check one of the following
boxes):
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["� �resic�1___-- of A4i1/e \�fte , the
corporation,
of_______________________________,the
partnership,
0 individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said Y
corporation, 0 partnership, 0 individual for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
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Print or type name Avv%ax\& �, SG.m�so�n
NOTARY
NOTARY PUBLIC,
in and for the State of Washington
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ASH �e ;,•``•
Notary Seal with Ink Stamp
Residing at Y I\,acaov, /1 , WA
My Commission expires: 9- 11 " 2(.o
SURETY ACKNOWLEDGEMENT
STATE OF WASHINGTON
) ss.
COUNTY OF PIERCE
On this 23rd day of July , 20 25 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Holli Lagerguist , to me known to be the Attorney -in -Fact
of Liberty Mutual Insurance 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 they are
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Pri t or type name Julie A. Craker, Notary Public
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Notary Seal With Ink Stamp
NOTARY PUBLIC,
in and for the State of Washington
Residing Tacoma, Washington
My Commission expires: 4/1/2026
Liberty
Mutual®
SURETY
POWER OF ATTORNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8214128-023049
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, James B.
Binder; Charla M. Boadle; Amelia G. Burrill; Brandon K. Bush; Julie A. Craker; Carley Espiritu; Jacob T. Haddock; Brent E. Heilesen; Lindsey Elaine Jorgensen;
Aliceon A. Keltner; Christopher Kinyon; Holli Lagerquist; Michael Mansfield; Jamie L. Marques; Kari Michelle Motley; Justin Dean Price; Annelies M. Richie;
Tamara A. Rineeisen; Travis J. Robles; Donald Percell Shanklin, Jr., Edward Sims, Katharine J. Snider; Lois F. Weathers; Sarah Whitaker; Eric A. Zimmerman
all of the city of Tacoma state of WA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 2nd day of June , 2025 .
Liberty Mutual Insurance Company
P� 1NSU,pq POSY INS& a Wsub The Ohio Casualty Insurance Company
`J GORPoRyr L�, yJ ooRP°RyT 9y `GPcoRPoRar y� West American Insurance Company
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1912 0 O 1919 1991 o ui
��s'r4cHu`� .da3 sot hAMvs���,aa3 mss, �H01Oi" a3 1 C_ U
By: o
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Nathan J. Zangede, Assistant Secretary
State of PENNSYLVANIA
E
County of MONTGOMERY ss o
O
On this 2nd day of June , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 8 CD
c�P PASS a 2
�ZoN WE,`� Commonwealth of Pennsylvania - Notary Seal
o <�t`� Teresa Pastella, Notary Public a)(O
Montgomery County r- /%>� L
of My commission expires March 28, 2029 By: ¢2
�+r Commission number 1126044 Teresa PastellaNotary Public Q o
Member, Pennsylvania , Association of Notaries .�
0 N
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 300
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a M
ARTICLE IV —OFFICERS: Section 12. Power of Attorney. C)
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Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a m
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety —
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall c 00
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such O a>
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or b the officer or officers granting suchpower or authority. by ILL o
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such
attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Instrrarce Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, isin full forc "aud_effect and
has not been revoked. _ --
, -
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of July , 2025. _ - '
1NSUR cD
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�JP`onvORy QLC Rao\vPcoarortyT
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1912 0 9 1991 0
d vss �y 3 Q 3° By:
gCHU`� .aahq M�s '1'DIANr' da Renee C. Llewellyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02/24