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
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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.