HomeMy WebLinkAbout25-205 - Contract - Northwest Cascade Inc. - 65th Ave & Southcenter Blvd Signal Improvements25-205
Council Approval 6/2/25
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AGREEMENT FORM
City is g ( ) f June 20 25 , by and between
the lCitA of Tukwila, intoonIs t day ("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 65TH AVE S & SOUTHCENTER BLVD SIGNAL IMPROVEMENTS, Project No.
92110402 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 date. The Work
under this Agreement shall be completed within the time specified in the Proposal. If the Work under this
Agreement is not completed within the time specified, as detailed in the Contract Documents, 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 attorney'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) Signed by:
By: 1'UmxS BtiL(t i�
ayor
Attest:
This 27th day of June. _ , 2025
�i__5ftfepk3747A
igned by:
u;
Deputy .
Approved as to Form:
Signed by:
Ci y �iiorneySZ..
Address for giving notices:
6200 Southcenter Blvd
Tu,kwilaLWA 98188
(Co��
Y.
��...
-
Title: ....._ ..
_._... __-........._.___m_.__.._.
Attest: �,,
This ' day of 2Q
Contractor's License No.
Address for giving notices:
65TH AVE S & SOUTHCENTER BLVD SIGNAL IMPROVEMENTS MARCH 2025
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Bond to City of Tukwila, Washington
Bond No. _94$,1„530
We, Northwest Cascade, Inc. and Fideli!yjnA Dep f May and,
(Principal) (Surety)
a Illinois . ..... corporation, and as a surety corporation authorized to become a surety upon
Bonds of Contractors with municipal corporations in Washington State, are jointly and severally
bound to the City of Tukwila, Washington ("Owner"), in the penal sum of
One Million One Hundreqjy-Nine Thousand One Hundred Twent Nine and 00/100 —Dollars
($ 1,129 .129oQ___...__), 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
Payment and Performance Bond is provided to secure the performance of Principal in connection
with a contract dated —1 20 , between Principal and Owner for a project
entitled 65T11 AVE S & SOUTHCENTER BLVD SIGNAL IMPROVEMENTS, Contract
No. 92110402 ("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 Payment and 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 per -formed 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.
The liability of Surety shall be limited to the penal sum of this Payment and 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 Payment and
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 Payment and 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
Payment and Performance Bond without the prior written consent of Surety.
65"H AVE S & SOUTHCENTER BLVD SIGNAL IMPROVEMENTS MARCH 2025
Performance &Payment Bond . . . . C-3
................ . . - - ---- . .
------ .....
This Payment and 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 20th___day of_ June 2025 .
Northwest Cascade. I
"Tignature of thorized Official
A*) ViU
Title
Name and address of local office of
agent and/or Surety Company:
Fidelity and Deposit Company of Maryland
Surety
Signature of Authorized Official
By Aliceon A. Keltner
... ....... . . .....
Attorney in Fact
(Attach Power of Attorney)
Propel Insurance
601 Union Street, Suite 3400
Seattle, WA 98101
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.
65TH AVE S & SOUTHCENTER BLVD SIGNAL IMPROVEMENTS MARCH 2025
ZIJRICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALI, MEN BY'I'Hl.-,,*SE PRESENTS: That the ZURICH. AMERICAN INSURANCE COMPANY, a corporation of the State ofNew York, the
COLONIAL AMFAK.AN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Comparries"), by Christopher Nolan, Vice President, in pursuance of
authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full
force and elIect on the date hereof, do hereby nominate, constitute, and appoint Alicerm A. KE LINERJames B. BINDER, Cynthia L. JAY, Eric A.
ZIMMERMAN, Brandon K. BUSH, Jacob T. HADDOCK, Katharine J. SNIDER, Justin Dean PRICE, Alyssa J. LOPEZ, Charla M.1301 LE of
Seattle, Washington, its true and lawful agent and Attorney -m -Fact, to make, execute, seal and deliver,, for, and on its behalf as surety, and as its act and deed:
any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of
said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed hiAer names and affixed the Corporate Seals of the said ZURICH
AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DFPOSJ'F
COMPANY OF MARYLAND, this 21st day of January, A.D. 2025.
z.<g, � s ��I r � SeAL I -
s
`f T°
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY ANDSUR ETV COMPANY
FIDF,I,rj'Y AND DEPOSIT COMPANY OF MARYLAND
_ky: Christopher Nolan
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 21st day of January, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher
Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by nic duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the scals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations,
IN TESTIMONY WHEREOF, I have hereunto set my hand and allixed my Official Seal the (Jay and year first above written.
Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
4'
"Article V, Section 8, AttmsL�sijal � The Chief Executive Officer, the President, or any Executive Vice President or Vice :President
may., by written instrument under the attested corporate send, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances,
stipulations, undertakings, or other like instruments on behalf of the Conipany, and may authorize any officer or any such. attorney-in-fact to
affix the corporate seal. thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICHAMERICAN JNSURANCE�, COMPANY, the COLONIAICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSITCOMPANY OF MARYLAND, do hereby certify that the foregoing Power
of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By. -Laws ofthe
Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN E14SURANCE COMPANY at a meeting duly called and held on the 15th day or December 1998.
RESOLVFD: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seat of the Company may be affixed by.facsimile on any Power of Attomcy._Any such Power or any certificate thereof bearing such
facsimile signature and scat shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of theBoard of
Directors of the COLONIAL AMERICAN CASIJALTY AND SURETY COMPANY at a, meeting duly called and held on the 5th day of May,
1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OFMARYLAND at a, meeting
duly called and held on the I Oth day of May, 1990.
ItESOI,VED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hercafter, wherever appearing upon a
certified copy of` any power of attorney issued by the Company, shall be valid and binding upon the Company with the, same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed any name and affixed the corporate seals of the said Companies,
this 20th day of June 2025 ,
. . . ...... . ............
Wry Jean Pethick
Vice President
j I I
'W 1 AWN 1'ekE r11A 11,TiNh A+NJO
, KV 0 . Rz*1_�jnM11EW
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
rel,)ortsfclaimsr(i)',zurichna.com
800-6264577
Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 410-559-8790
• ' " 1i " r s 1 " ` r
KNOW ALL MEN BY THESE PRESENTS: That We Northwest Cascade, Inc.
thereinafter called Principal), and Fidelity and Deposit Company of Maryland a corporation
organized and doing business under and by virtue of the laws of the: state of Illinois
and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds
or undertakings required and authorized by the State of Washington, (hereinafter called Surety),
as Surety, are held firmly bound unto City of Tukwila (hereinafter
called. Obligee) in the just and full sunt of Fift -six Thousand Four Hundred Fifty-six & 451100
56 4ss_45�. �j plus 5% of any increases in the contract amount that have occurred or may
occur, due to change orders, increases in the quantities or the addition of any new item of work
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, Whereas, the said Principal on
the day of _ , entered into a written contract with the said
obligee for Southcenter Boulevard/65th Avenue S Si nal, Pro'ect No. 92110402
which said contract is hereby referred to and made a part hereof by reference:
WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release
of retained percentage earned or which may be earned under said contract, and,
WHEREAS, the obligee is willing to release retained percentage in advance of contract terms
relating to payment provided the principal shall file bond to indemnify the obligee for all loss,
cost or damages which the obligee may sustain by reason of payment of retainage to the
principal, which bond shall be subject to all claims and liens in the same manner and same
priority as apply to the retainage percentage released, or to be released,
NOW, THEREFORE, the condition of this obligation is such that if the principal shall indemnify
the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of
retained percentage to the principal then this obligation shall be null and void unless otherwise to
remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly
signed and sealed this loth day of .lune � 2025
Fidelity and Deposit Company of Maryland
By
Aliceon A. Keltner
Attorney -in Fact
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President in pursuance of
authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full
force and effect on the date hereof, do hereby nominate, constitute, and appoint Aliceon A. KELTNER, James B. BINDER, Cynthia L. JAY, Eric A.
ZIM[MERMAN, Brandon IC BUSH, Jacob T. HADDOCK, Katharine J. SNIDER, Justin Dean PRICE, Alyssa J. LOPEZ, Charla M. BOADLE of
Seattle, Washington, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:
any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of
said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH
AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, this 21st day of January, A.D. 2025. . ... ........
SE& sm F=
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Christopher Nolan
Vice President
By. Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 21st day of January, A.D. 2025, before the subscriber, a Notary public of the State of Maryland, duly commissioned and qualified, Christopher
Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that be/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written.
Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
"Article V, Section 8, Attorneys -m -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances,
stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to
affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power
of Attorney is still in full force and effect on the date of this certiricate; and I do further certify that Article V, Section 8, of the By -Laws of the
Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5th day of December 1998.
RESOI,VED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof hearing such
facsimile signature and seal shall be valid and binding on the Company.""
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,
1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting
duly called and held on the I Oth day of May, 1990,
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
,of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 20th day of June 2025
Zil
y�SEAL" SEAL "j� ("S E L
Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
MORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
repo—rtsfcki .qqrm
800-626-4577
Authenticity of this bond can be confirmed at hondvalidator.zurichna.com or 410-559-8790