HomeMy WebLinkAboutPerformance and Payment Bond_Long Painting CompanySECTION 00610
PERFORMANCE BOND
Bond No. 107420290
KNOW ALL MEN BY THESE PRESENTS,
That Long Painting Company as CONTRACTOR,
and Travelers Casualty and Surety Company of America as Surety,
are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum
of Three Hundred Thirty-seven Thousand Eight Hundred Eighty-one and 47/100 ($337,881.47)
dollars,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded
and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified
or indicated in the Contract Documents entitled "CITY OF BREMERTON, RESERVOIR 19 —
EXTERNAL COATING RE'EPLACEMENT' ; now, therefore,
In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract
Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up
to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work
as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due
to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable
laws and regulations.
The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a
CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract
pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms
guaranteed by this bond, the Surety shall either:
1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of
time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to
the Surety in accordance with the terns of the Contract, or
2. Tender to the OWNER the demanded stun, up to the amount of the bond. However, if the amount
necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will
return, without interest, any overpayment to the Surety.
PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in
the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not
in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time
granted under the provisions of said Contract Documents, release either said CONTRACTOR or said
Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety.
RESERVOIR 19 - EXTERIOR COATING REPLACEMENT PERFORMANCE BOND
APRIL 2021 00610-1
The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but
not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs
if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond.
The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work
is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled
by the Surety or the CONTRACTOR.
This bond shall remain in full force and effect for a period of one (1) year following final acceptance of
the project by the City, and until the bond is released in writing by the OWNER at the written request of
the Surety or CONTRACTOR.
IN WITNESS WHEREOF, we have hereunder set our hands and seals this 12th
day of May , 202L
(SEAL)
Long Painting Company
(CONTRACTOR)
By:c6nr
(Signature and SEAL) (kn�GA, A4, gilt
(SEAL)
Travelers Casualty and Surety Company of America
(Surety)
By:
(Signature aid SEAL) Cynthia L. Jay, Atto . y-In-Fact
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
Address of Surety to which all notices shall be sent:
Address of Surety for service of process:
(Must be a physical address)
RESERVOIR 19 — EXTERIOR COATING REPLACEMENT
APRIL 2021
Travelers Casualty and Surety Company of America
1501 Fourth Ave., Suite 1000
Seattle, WA 98101
Travelers Casualty and Surety Company of America
1501 Fourth Ave., Suite 1000
Seattle, WA 98101
PERFORMANCE BOND
00610-2
SECTION 00620
PAYMENTBOND
Bond No 107420290
KNOW ALL MEN BY THESE PRESENTS,
That Long Painting Company as CONTRACTOR,
And Travelers Casualty and Surety Company of America _ as Surety,
are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of
Three Hundred Thirty-seven Thousand Eight Hundred Eighty-one and 47/100 ($337,881 ;47)
dollars,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded
and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as
specified or indicated in the Contract Documents entitled "CITY OF BREMERTON, RESERVOIR 19
— EXTERNAL COATING REPLACEMENT"; now, therefore,
If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or
for rental of same, used in connection with the performance of work contracted to be done, or for amounts
due under applicable State law for any work or labor thereon, said Surety will pay for the same in an
amount not exceeding the sum specified above, and, in the event suit is brought upon this bond,
reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons,
companies, or corporations entitled to file claims under applicable State law so as to give a right of action
to them or their assigns in any suit brought upon this bond.
PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in
the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not
in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time
granted under the provisions of said Contract Documents release either said CONTRACTOR or said
Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety.
The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but
not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs
if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond.
RESERVOIR 19 - EXTERIOR COATING REPLACEMENT PAYMENT BOND
APRIL 2021 00620-1
IN WITNESS WHEREOF, we have hereunder set our hands and seals this _ 12th day of
May , 2021.
(SEAL) (SEAL)
Long Painting Company Travelers Casualty and Surety Company of America
(CONTRACTOR) (Surety)
y' By: -
(Signs ure and S AL) be-r'C-t- N '6V';*lii1 (Signature(a d SEAL) Cynthia L. Jay, Attor ey n-Fact
�
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
Address of Surety to which all notices shall be sent:
Address of Surety for service of process:
(Must be a physical address)
Travelers Casualty and Surety Company of America
1501 Fourth Ave., Suite 1000
Seattle, WA 98101
Travelers Casualty and Surety Company of America
1501 Fourth Ave., Suite 1000
Seattle, WA 98101
END OF SECTION
RESERVOIR 19 — EXTERIOR COATING REPLACEMENT
APRIL 2021
PAYMENTBOND
00620-2
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Cynthia L. Jay, of Seattle, Washington, their true and lawful
Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
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State of Connecticut
By t
City of Hartford ss Robert L. Raney, SefgbrVice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. G Tyr - .1
My Commission expires the 30th day of June, 2021 TAq
* ate* i❑� Marie C. Tetreault, Notary Public
Cyf.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect
Dated this 12th day of May , 2021
*ysr +,y �ylr1F
01D)
11AHlFOip. + Cp�� R
Kevin E. Hughes, Assi tant Secretary
To verify the authendcity of this Power ofAttorney, please call us at 1-800-421 3880.
Please refer to Me above -named Attomey4n-Fact and the details of the bond to which the power is attached.