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HomeMy WebLinkAbout072-25 - Norland Construction NW, Inc. - Contract BondsPERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD Bay Street Overwater Structure Demolition PROJECT PW PROJECT NO. PW2025-019 Bond to City of Port Orchard, Washington Bond No. 0272536 We, Nordland Construction Northwest, Inc. , and Berkley Insurance Company (Principal) (Surety) a Delaware 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 Four Hundred Ninety One Thousand Seven Hundred Forty and 07/100 Dollars ($ 491,740.07), 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 12 2025, between Principal and Owner for a project entitled Bay Street Overwater Structure Demolition ("Project") — Public Works Project No. PW2025-019 ("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 VERSION 7/2/25 Project Manual Bidding Requirements & Contract Cinof Port Orchard -20 Performance & Payment Bond Bay Street Ovenvater Structure Demolition PW2025-019 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 20th^ day of August , 20 25. Nordland Construction Northwest, Inc. Berkley Insurance Company Principal Surety Signature of Authorized Official ignatu of Authorized Official c 4 A .S s c .. d cL By_Jennifer Martinez lbarra Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Marsh & McLennan Agency LLC Agent and/or Surety Company: 501 N. Riverpoint Blvd, Suite 403 Spokane, WA 99202 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. Cut, of Port Orchard 21 Bay Street Ovenvater Structure Demolition P(i2025-019 VERSION 7/2/25 Project Manual Bidding Requirements & Contract Performance & Payment Bond SURETY ACKNOWLEDGEMENT STATE OF Washington ) )ss. COUNTY OF Spokane _____ On this 20th_ day of August , 20 25 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared_ Jennifer Martinez Ibarra , to me known to be the Attorney -in -Fact of Berkley 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 n he n she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name Taj Hoard -Sire NOTARY ; ►•.m PuBt.% jjj11111��``\ Notary Seal With Ink Stamp NOTARY PUBLIC, in and for the State of Washington Residing Spokane, WA 99202 My Commission expires: December 20, 2028 I ERS/ON 7/2/25 Project Manual Bidding Requirements & Contract Cin of Port Orchard 23 Surety Acknowledgement Bay Street 1 9envater Structure Demolition P{f7025-09 tio. BI-TSBA POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON. DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich. CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jennifer Martinez [barra its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge mid deliver any and all bonds and undertakings including bid related commitments such as Consent of Surety, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 I .S. Dollars (i'.S.S50,000,000.00), to the sane extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. Surety Bond No.: 0272536 Principsi: Nordland Construction Northwest, Inc. Obligee: City of Port Orchard This Power of Attorney shall be construed and enforced in accordance with, and governed by- the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meetirng of the Board of Directors of the Company held on January 25. 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds. undertakings, recognizancesor other suretyship obligations on behalf of the Companyand to affix the corporate seal of the Company to powers of attorney executed pursuant hereto: and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted: and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds- undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, 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 obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the tune when such instruments shall be issued. Iti WiTWESS WHEREOF the Company has caused thcsc prerenrs to be signed and attested by its appropriate officers and its coiperratt' ,tai her'unto affixed this da', of _My _ZQ24_ �tudr:� Attest: Philip ii2elt Executive Vice President & Secretary STATE OF C ON'EC'TIC't'T ) ) ss: C OU TV OF FAIRFIELD ) Berkley Insurance ,many B4frJe Senior Vice President sworn to before me a Notary Public in the state of Connecticut this day of _May 2024_ by Philip S Welt and Jeffrey M Hafter who are sworn to we to be the Executive Vice President and Secretary and the Senior Vice President respectiveh of Berkley Insurance Company WARN C. RUNDRA t 4 —--•.1�d. ��� i��Gt�c << I OUM PUMA Notary Public State of Connecticut -OONNWTIC ?>r 14�'+4�[fA+NAt1ZitQN0f1i"04ilaIt01! C ERTIFIC ATE I, the i�!dersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY DO HEREBY CERTIFY that the foregoing is a true correct, .id complete copy of the original Power of Attorney that said Power of Attorney has not been revoked or rescinded .ii -.j i1 dM ao'ihent of the Antoinev-in-Fact set forth therein, who executed the bond or undertaking to which tins Power of At1n>9 lapCta�e�e�- is in full force and effect as of this date. ;c`rilbilciGt.in er m, hand and seal of the Company this 20th day of Augus1. 2025 Vincent P Forte RETAINAGE BOND Bond No.0272537 KNOW ALL MEN BY THESE PRESENTS, that Nordland Construction Northwest. 1nc. , as Principal authorized to do business in the State of Washington and Berkley Insurance Comoanv as Surety, a corporation organized and existing under the laws of the State of DE and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto City of Port Orchard as Obligee in the penal sum of Twenty Thousand Five Hundred Eighty Seven Dollars and 00/100 Dollars (20.587.00 ), which is 5% of the Principal's bid. WHEREAS, on the 12th day of August 2025 the said Principal, herein, executed a contract with the Obligee, for Bay Street Overwater Structure Demolition WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained fund AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this _ 20th day of August 2025 Nordland Construction Northwest, Inc. By: i Berkley Insurance Company Principal • Surety By �, , fiF d1t 1 i1ri. - , 'Momey-4n-Fact Jenn!ter Martinez IDarra ; d arsh & McLennan Agency SEAL Name and Address of Local Agent 4', 501 N. Riverpoint Blvd., Suite 403, Spokane, WA 99202 c / - 509-838-3501 No. BI-TSBA POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the law. of the State of Delaware. having its principal office in Greenwich. CT- has made- constituted and appointed, and does by these presents make, constitute and appoint: Jennifer Martinez Ibarra its true and lawfiul Attorney -in -Fact, to sign its name as surety only as delineated below and to execute. seal, acknowledge and deliver any and all bonds and undertakings including bid related commitments such as Consent of Surety- with the exception of Financial Guaranty Insurance, providing that no single obligation hall exceed Fifty Million and 00 100 1 .S. Dollars (U.S.S50,000,000.00), to the same extent as if .uch bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. Surety Bond No.: 0272537 Principal: Nordland Construction Northwest. Inc. Obligee: City of Port Orchard This Power of Attorney shall be construed and enforced in accordance with, and governed by- the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that. with respect to the Surety business written by Berkley Surety. the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds. undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto: and said officers may remove any such attorney -inn -fact and re\ oke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds undertakings, recognizances. or other suretyship obligations specifically manned therein, and they have no authority to bind the Company except in the manner and to the extent therein stated: and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, 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, uundertakirng, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. iv" WtiT:EsS WHEREOF the Company has caused these prrsenis to be signed and alte.ted by its appropriate officerand its corporate seal hcre' nto affixed this _ das of _Ma 2Q24 aFs'�.Atirsr- Berkley Instmnce Company S`Ck, ) By______________ u1w►�` Executive Vice President & Secretary Senior Vice President STATL OF C ONNECTICL'T ) ) ss: C OUNTY OF FAIRFIELD ) Sworn to before inc a Notary Public in the state of Connecticut this ?.°d da' of _May 2024, by Philip S Welt and Jeffrey M Hafter who are sworn to me to be the Executive Vice Prr.,ident and Secretary, and the Senior Vice President respectivel,. of Berkley Insurance Company LWIA C. RLMDRAAM---A,_: ZJ� � "&f` NOUMP1ltIG Notary Public. State of Connecticut O0NNECTTOU1 AfYAUityiONOtPlfi341!CERTIFIC ATE I llzsiderrsi;ri d, Assistant Secretary of BERKLEY INSURANCE COMPANY DO HEREBY CERTIFY that the foregoing is a untie correct and cPnrrlete copy of the original Power of Attorney- that ,aid Power of Attorney has not been revoked or rescinded ar;d tl.a; hc authaniv f the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Arzs5l w.M, "ajtached, is ,n full force and effect as of tills date .Yl` tied hand and seal of the Company this 20th day of August. 2025_ nr, Z`j Vincent P Forte