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HomeMy WebLinkAbout071-26 - Kiewit Infrastructure West Co. - Contract Retainage Bond� tl +ington Stat Dement of Trine nation KNOW ALL PERSONS BY THESE PRESENTS, that KIEWIT INFRASTRUCTURE WEST CO. Retainage Bond Bond No. 108253161 a corporation existing under and by virtue of the laws of the State of DELAWARE and authorized to do business in the State of Washington as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , a corporation organized and existing under the laws of the State of CONNECTICUT and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the State of Washington, hereinafter called State, and are similarly held and bound unto the beneficiaries of the trust fund created by RCW 60.28, in the penal sum of SIX MILLION, SIX HUNDRED EIGHTEEN THOUSAND, TWO HUNDRED FIFTY Dollars ($ 6,618,250.00 ), which is 5% of the Principal's bid in Contract No. 9920 WHEREAS, on the said Principal, herein, executed a contract with the State of Washington, for SR 3, 16, 166 GORST VICINITY REMOVE FISH BARRIERS (A DESIGN BUILD PROJECT) WHEREAS, said contract and RCW 60.28 require the State 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 funds. AND NOW WHEREAS, Principal has requested that the State not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the surety is 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 until release is authorized in writing by the State. 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 for retained percentages in RCW 60.28. DOT Form 134-090 Page 1 of 2 Revised 08/2023 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 State on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. May 19.2025 _ , Date K IT NFRASTRUCT RE WEST CO. Co actor ame /I .. ContorAuthorized Signers Signature Jamie D. Wisenbaker, Senior Vice President Contractor's Authorized Signers Printed Name and Position Travelers Casualty and Surety Company of America Bonding Carrier (ploase,gdd any multiples above) Signature of the Attorney -in -fact Traci Sutton Printed Attorney -in -fact Midwest Agencies Inc. Bonding Agent - Company Name 1550 Mike Fahey Street Bonding Agent's Mailing Address Omaha NE 68102 Bonding Agent's Mailing Address (402 )271 -2956 Bonding Agent's Phone Number (10 digit please) BY APPROVED VERIFIED AS AN AUTHORIZED SIGNER IN CAPS Washington State Department of Transportation Secretary of Transportation By: Date: Surety Bond Number(s) 108253161 WSDOT Contract Number DOT Form 134-090 Page 2 of 2 Revised 08/2023 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS, 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 Philip G. Dehn, Tammy Pike, Paul A. Foss, Marie Huggins, Traci Sutton, and Deanne Jones of Omaha, Nebraska, their true and lawful Attorney (s) -in -Fact to sign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the naturethereof on behalf of the Companies in the,r 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 2021. 2. HART. 0RD, _ `s HAF1jF(KiQ i ' m, CONK. ro i t C0P1N. n KA State of Connecticut City of Hartford ss. be signed, and their corporate seals to be hereto affixed, this 21st day of April, By: Robert Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 HCT0.HY to *1 e4 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, 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 Attorneys -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 each of the Companies, 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 19th day of May , 2025 � osur ry°c a ,trY - * ffiHARTF0RD, ,- W i FLWfFCi1D, i Qt 1 as '\���.....w✓/!J8$�,Yp' a a ram at — Kevin E. Hughe , Assistant Secretary To verify the authenticity of this Power of Attorney, please callus at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.