HomeMy WebLinkAboutMS1819 City Hall HVAC Upgrade Contract 18-18 CITY OF
T TRT T]�� N Nancy Backus, Mayor
v LWAASSHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
August 17, 2020
Dave Robinaugh
McKinstry Essention, I_LC
5005 3rd Avenue South
Seattle, WA 98134
Re: Public Works Contract No. 18-18
Project No. MS1819
Bond in Lieu of Retainage No. 30043573
Dear Dave Robinaugh:
The City of Auburn is in receipt of the necessary releases from the Department of
Revenue, Department of Labor and Industries, and Employment Security for the
above referenced project.
Your Bond in Lieu of Retainage No. 30043573 in the penal sum of five (5%) percent of
the final contract cost can now be returned to you. Enclosed please find the referenced
bond.
If you have any questions, please feel free to contact Contract Administration Specialist
Amanda DeSilver at 253-876-1980.
Sincerely,
Shawn Campbell
City Clerk
cc: File 04.4.1
Amanda DeSilver, Contract Administration Assistant
Trisha Mor18.on, Finance
I:\clerk\con!\Re!M S 1819
AUBURN * MORE THAN YOU IMAGINED
BOND IN LIEU OF RETAINAGE
(Retainage Bond -RCW 60.28)
Bond No. 30043573
KNOW ALL PERSONS BY THESE PRESENTS, THAT
McKinstry Essention, LLC, 5005 3rd Ave S, Seattle, WA 98134, a corporation organized
under the laws of the State of WA and registered to do
business in the State of Washington as a contractor, as Principal, and
The Continenal Insurance Company a
corporation organized under the laws of the State of PA and
registered to transact business in the State of Washington as surety, as Surety, their
heirs, executors, administrators, successors and assigns, are jointly and severally held
and bound to the City of Auburn, Washington, hereinafter called CITY, and are similarly
held and bound unto the beneficiaries of the trust fund created by RCW 60.28, in the sum
of five percent (5%) of all amounts earned by the Principal on the contract described
below.
THE CONDITIONS OF THIS BOND OBLIGATION ARE THAT:
WHEREAS, on the Lib day of 5 j kA.464zr'2018, the Principal executed
Contract No. 18-18 with the CITY for Project Number MS1819, City Hall HVAC
Upgrade; and
WHEREAS, said contract and RCW 60.28 require the CITY to withhold from the
Principal the sum of five percent (5%)from monies earned by the Principal on estimates
during the progress of the construction, hereinafter referred to as earned retained funds;
and
WHEREAS, the Principal has requested that the CITY not retain any earned
retained funds as allowed under ROW 60.28;
NOW, THEREFORE, the condition of this obligation is such that the surety is held
and bound to the CITY and to the beneficiaries of the trust fund created by RCW 60.28 in
the sum of five percent (5%) of the final contract cost which shall include any increases
due to change orders, increases in quantities of work, addition of new items of work, or
otherwise, hereafter referred to as the final contract cost. If all purposes of RCW 60.28
and all contract obligations are fulfilled, 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 CITY.
IT IS FURTHER EXPRESSLY AGREED THAT:
1. The liability of the Surety under this bond shall not exceed five percent (5%)of
the final contract cost, if no monies are retained by the CITY pursuant to RCW 60.28 on
estimates during the progress of construction.
Retainage Bond
Page 1 of 3
ENG-050, Revised 11/17
2. In the event this bond ceases to comply with CITY standards, the CITY
reserves the right to resume the actual withholding of earned retained funds according to
the contractor's designated option for management of retainage under RCW
60.28.011(4). In the event the CITY resumes withholding of earned retained funds, the
liability of the Surety under this bond shall not exceed the actual amount of the earned
retained funds which were covered by this bond and released by the CITY prior to
resumption of actual withholding.
3. The Surety hereby consents to and waives notice of any extension in the time
for performance of the contract, assignment of obligations under the contract, or contract
alteration, amendment, or change order.
4. Any suit under this bond must be instituted within the time period provided by
applicable law with venue in King County, Washington. This bond and any proceeds
therefrom shall be subject to all claims and liens and in the same manner and priority as
set forth for retained percentages in RCW 60.28.
5. Until written release of this obligation by the CITY, this bond may not be
terminated or canceled by the Principal or the Surety for any reason. Any extension of
time for the Principal's performance on the contract, assignments of obligations under the
contract, or any amendment to the contract or change orders of any kind shall not release
the Surety from its obligation under this bond.
6. The contractor shall comply with all applicable requirements of RCW 60.28.
7. RCW 60.28 requires the CITY to accept a retainage bond in lieu of withholding
earned retained funds and the Surety hereby waives any defense that this bond or bond
form is void or otherwise not authorized by law.
8. Any claim or suit against the CITY to foreclose the liens provided for by RCW
60.28 shall be effective against the Principal and Surety and any judgment under 60.28
against the CITY shall be conclusive against the Principal and Surety.
WITNESS our hands this 17th day of August , 2018.
PRINCIPAL:
McKin.try_ ssention, LLC
553rd A enue South
/Seattle, 9814
(Sign-ture of Authorized Representative)
3c9 \- klacciar r CFO
Print/Type Name
Retainage Bond
Page 2 of 3
ENG-050, Revised 11/17
SURETY: The Continental Insurance Company
By: �-- �"
(Signature of Attorney in-Fact for Surety*)
Jim S. Kuich
(Typed Name of Attorney-in-Fact)
Dated 8/17/2018
Local Agent Name, Phone, &Address
HUB Northwest
PO Box 3018
Bothell,WA 98041-3018
(425)489-4500
CITY OF AUBURN:
Accepted By: / 5/44Ingrid Gu6,Asst= ctor of Engineering Services/City Engineer
Dated: 8r3/ /2()/</
Approved as to form:
Steve Gross, City Attorney
*This bond must be accompanied by a fully executed Power of Attorney appointing the
Attorney-in-Fact before it becomes effective.
Retainage Bond
Page 3 of 3
ENG-050, Revised 11/17
POWER OF ATTORNEY APPOINTING'IlsDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing
insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein
affixed hereby make,constitute and appoint
Steve Wagner,Michael A Murphy,Darlene Jakielskl,Julie M Glover,S M Scott,Carl M Lovsted III,Theresa A Lamb,
Jim W Doyle,Andy D Prill,Jim S Kuich,Teresa Glombecki,Chad M Epple,Patti White,Individually
of Bothell,WA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Board of Directors of the insurance company.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 4th day of April,2016.
,��L1Nst,,•.• The Continental Insurance Company
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ta
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•Z 4.4. !PI} sero O•
a•
••••'®••••+•• Paul .Bruflat Vice President
State of South Dakota,County of Minnehaha,ss:
On this 4th day of April,2016,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance
company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company.
J.MOHR
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My Commission Expires June 23,2021 J. Mohr Notary Public
CERTIFICATE
1,D.Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of
Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force In testimony whereof I have hereunt subscribed my name and affixed the seal of the said insurance
company this 17 1 °'t day of ���/(AS , 2 !
�ti4urgp •,• U The Continental Insurance Company
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•�...•..•,.p• D. Bult Assistant Secretary
Form F6850-4/2012
f' l
Authorizing Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf
of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such
officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution
becoming effective."
This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of
attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
the Company by unanimous written consent dated the 25°i day of April,2012:
"Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized
Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and
Whereas,from time to time,the signature of the Authorized Officers in addition to being provided in original,hard copy format,may be
provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the
Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
RELEASE RETAINAGE MEMO — BOND IN LIEU OF RETAINAGE
DATE: June 26, 2020
TO: Shawn Campbell, City Clerk
FROM: Amanda DeSilver, Contract Administrative Supervisor
CONTRACT NO: 18-18
PROJECT NO: MS1819
PROJECT NAME: City Hall HVAC Upgrade
RETAINAGE: Bond in Lieu of Retainage - Bond #30043573
CONTRACTOR: Dave Robinaugh
McKinstry Essention, LLC
5005 3rd Avenue South
Seattle, WA 98134
Please advise the Contractor that the Bond In Lieu of Retainage is now released by Contract
Administration. All releases from the Department of Revenue, Department of Labor and
Industries, and Employment Security have been received. All approved Affidavit of Wages Paid
are on file and 60 days have passed since the acceptance of the project.
Please "cc:" me. Thank you.
cc: File 13.11 (CPXXXX)
ENG-094, Revised 8/18
VL(c)t'19°54
STATE OF WASHINGTON
DEPARTMENT OF REVENUE
0
11
CITY OF AUBURN May 22, 2020
C/O AMANDA DESILVER-CONTRACT ADMINISTRATIVE Letter ID: L0013272913
25 W MAIN ST UBI: 603-259-907
AUBURN WA 98001-4998 Account ID: 603-259-907
Account Type: Excise Tax
8 Audit ID: A298685
Audit Period: 09/01/18-01/31/20
We hereby certify that taxes, increases and penalties due or to become due from the contractor listed below
under Chapter 180, Laws of 1935, as amended,with respect to the following publics works contract:
MCKINSTRY ESSENTION, LLC
CITY OF AUBURN
CITY OF AUBURN CITY HALL DDC UPGRADE
UPGRADE EXISITING PNEUMATIC HVAC CONTROLS IN THE CITY HALL COUNCIL CHAMBERS TO
DIGITAL CONTROLS.
has been paid in full, or is in the Department's opinion readily collectible without recourse to the state's lien
on the retained percentage.
This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole
purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing
the payment of public funds to said contractor that the Department of Revenue hereby releases the state's
lien on the retained percentage provided by this Chapter for excise taxes due from said contractor.
This certificate does not release said contractor from liability for additional tax that may be later determined to
be due with respect to the above-mentioned contract or other activities.
Dated May 22. 2020 at Olympia, Washington,
State of Washington
Department of Revenue
Certifying Officer
Public Works Audit Unit
6500 Linderson Way SW Tumwater,WA 98501
ggL0050 dor.wa.gov Phone(360)704-5650 Fax(360)704-5647
f Employment Security Department
WASHINGTON STATE
February 28,2020
ESD# 000474982002
UBI# 603259907000
MCKINSTRY ESSENTION LLC
PO BOX 24567
SEATTLE,WA-98124
AUBURN,CITY OF
Employment Security Department hereby certifies those contributions,penalties and
interest due from the above named contractor under the Employment Security Act have
been paid in full or provided for with respect to the following public works contract:
Description City of Auburn City Hall DDC Upgrade
Contract number Contract#18-18 Project MS1819
The Employment Security Department hereby certifies that it has no claim pursuant to RCW
50.24.130 against the public body named above for tax attributable to service performed for said
public body by the above named contractor on the above described contract.The Employment
Security Department releases its lien on the retained percentage which is provided by RCW
60.28.040 for contributions,penalties and interest due from said contractor.
This certificate does not release said contractor from liability for additional contributions,
penalties and interest which may be later determined to be due with respect to the above
mentioned contract.
If we may be of further assistance,please call (360)890-3499 or email
publicworks@esd.wa.gov
EMPLOYMENT SECURITY DEPARTMENT
STA1'�
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STATE OF WASHINGTON
DEPARTMENT OF LABOR AND INDUSTRIES
PO Box 44274 Olympia, Washington 98504-4274
March 26, 2020
AUBURN, CITY OF
25 W MAIN
AUBURN WA 98001-4998
o CERTIFICATE TO RELEASE L&I'S 1-IOLD ON RETAINAGE
o The Washington State Department of Labor& Industries is granting approval to release our hold on the
w retained amount for CITY OF AUBURN CITY HALL DDC UPGRADE, Contract Contract#18-18
Project MS1819, Affidavit 858266 to the following contractor:
0 MCKINSTRY ESSENTION LLC 706,165-00 603 259 907
0
0
We have determined that all workers' compensation premiums, increases, and penalties for this contractor
have been paid in full or are readily collectible without recourse to the retained funds, per chapter 60.28
RCW.
The contractor may still be liable for payment if we later determine they owe additional premiums related
to this contract or other activities.
Before final payment can be made to the contractor, you will also need to receive releases from the
Departments of.Revenue and Employment Security Department in addition to ensuring:
• All liens against retainage have been satisfied
• All Affidavit of WagesPaid forms have been filed
Thank you,
Elsa McDonnell
Contract Release Specialist
(360)902-6558
MCDP235@LNI.WA.GOV
cc: MCKINSTRY ESSENTION LLC
PO BOX 24567
SEATTLE WA 98124
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