HomeMy WebLinkAbout03-094 - Rodarte Construction - Cascade View Community Park and Street Improvements
C-1
AGREEMENT FORM
CONTRACT NO. 3 d 1
THIS AGREEMENT is made and entered into on this day of ' , 2043 y and between
the City of Tukwila, Washington ("Owner") and froe.e/AZe__ f/�i Contractor").
Now, therefore the parties agree as follows:
1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for
the project entitled Cascade View Community Park — Park and Street Improvements, Project Nos. 01-
PKO1D and 97-PK03, including all changes to the Work and force account work, in accordance with the
Contract Documents, as described in Section 1-04.2 of the Supplemental General Requirements.
2. Payments. Owner shall pay Contractor at the unit and lump sum prices, and by force account as
specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment.
The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work.
3. Completion Date. Contract time shall commence upon Owner's Notice to Proceed to Contractor.
The Work under this Agreement shall be completed within the time specified in the Proposal. If the Physical
Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated
damages and all engineering inspection and supervision costs to Owner as specified in the Proposal.
4. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party
shall be entitled to recover its costs, including reasonable attomey's and expert witness fees.
5. Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this
Agreement, except as expressly provided in this Agreement.
6. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties; each of
which shall for all purposes be deemed an original.
CITY OF TUKWILA, WASHINGTON
(Owner)
By.•ein A(
Mayor
By:
Contractor
Title: 9 e-'N"C
Attest:
This k ST day of N-0"-�`-C , 20 a 3
10.2,
Rev. 2002
Agreement Form C-2
Approved as to Form: Contractor's License No.
F Di�tZ� ZZS g
Address for giving notices: Address for giving notices:
aid- t 1S
Rev.2002
PERFORMANCE BOND
Bond to City of Tukwila, Washington
Bond No. 400SV0829003
Rodarte Construction, Inc. United States Fidelity and
We, , and Guaranty Company ,
(Principal) (Surety)
a MD 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
Tukwila, Washington ("Owner"), in theenal sum of
Seven Hundred Twenty-Nine'Thousand Seven Hundred Npinety-Two & nc,liars
($ 7 2 9 , 7 9 2. 3 2), 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 03, between Principal and Owner for a project entitled Cascade View Community Park - Park and
Street Improvements, Project Nos. 01-PKO1D and 97-PK03, Contract No. 9 7 - PILO 3 ("Contract"). The
initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal
submitted by Principal.
NOW, THEREFORE, this Performance 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 men, and all other
persons or agents who supply labor, equipment, or materials to the Project;
• Indemnifies and holds Owner, its officers, and agents harmless from and against all claims,
liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by
satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all
expenses that Owner may incur in making good any default by Principal; and
• - Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and
costs, including property damages and personal injuries, resulting from any defect appearing or
developing in the material provided or workmanship performed under the Contract.
The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design
professionals retained by Owner in connection with the Project.
PROVIDED, however, that after the Final Acceptance of this Contract and the expiration of the lien period,
and if there are no liens pending, then the penal sum of this Performance Bond shall be reduced to the sum of
Seventy -Two Thousand Nine Hundred Seventy -Nine & 23/100 Dollars
($ 7 2 , 9 7 9 . 2 3 ) (10% of Total Bid Price), to insure against all defects appearing or developing in
the material provided or workmanship performed under this Contract within one year after Final Acceptance.
The liability of Surety shall be limited to the penal sum of this Performance 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 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 Bond without the prior written
consent of Surety.
Rev. 2002
Performance Bond
C-4
This Performance Bond shall be governed and construed by the laws of the State of Washington, and venue
shall be in King County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
5th day of May , 20 0 3.
Rodarte Construction, Inc.
Principal
Signature of Authorized Official
V\ k '"'4 By . Kenneth J. Frick
United States Fidelity and
Guaranty Company
Title
Attorney in Fact
(Attach Power of Attorney)
Name and address of local office of Terril, Lewis and Wilke
agent and/or Surety Company:
P.O. Box 1789
Yakima, WA 98907
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.
n r /
Rev.2002
(TheStPau
POWER OF ATTORNEY •
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Power of Attorney No. 21742
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 1307
307 030
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Kenneth J. Frick, Donna S. Martinez, Ashley T. Miller and Howard S. Underwood
of the City of Yakima , State Washington , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments 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 sealed this 14th day of April
Seaboard Surety Company
St. Paul Fire and Marine Insurance`'Company
St. Paul Guardian InsurancenCompany",r,° ! ''
St. Paul Mercury Insurance Company'
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
2000 .
JOHN F. PHINNEY, Vice President
State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE, Assistant Secretary
On this 14th day of April 2000 , before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
86203 Rev. 7-2000 Printed in U.S.A.
REBECCA EASLEY-ONOKALA, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, 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 upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked. -
IN TESTIMONY WHEREOF, I hereunto set my hand this s day of
, zoo
Thomas E. Huibregtse, Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421 388'Oand ask for thePower of Attorney clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which the jlowei:•-P;ittache
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