HomeMy WebLinkAboutCP1521 Contract No. 18-03 ICON Materials CITY OF AUBURN
CONTRACT CHANGE ORDER AGREEMENT NO. 2
Contract No.,Project No.and Project Title: Contract 18-03, Project CP1521
15th St. NE/NW Preservation
Contractor Name and Address: CPM Development Corporation dba ICON Materia
1508 Valentine Ave. SE
Pacific, WA 98047-2103
The Contractor is hereby directed to make the changes to the Contract as described herein. This document and all attachments are
a supplement to the contract. All work,materials and measurements for the type of construction involved shall be in accordance
with the contract documents of the above named project unless stated otherwise in this change order.
Summary of Proposed Changes:
1. Add a total of 11 working days to the Contract for work associated with the following (reference
attached letter from the Contractor dated September 19, 2018):
- In exchange for approving extended lane closure hours along 15th Street NE/NW and Harvey
Road, both parties agreed to deduct five working days from the Contract.
- Eight working days are added to the Contract for the added Traffic Curb and Gutter work.
-The PSE vaults on the NW and SW corners of Auburn Way& 15th Street NE needed new
designed vault lids by PSE. The new vault lids required the ramps to be paved temporarily until new
concrete could be installed. Two working days are added to the Contract for this work.
-Removal and disposal of a tree due to a conflict with a new water meter location at the north corner
of Harvey Road & 12th Street NE. One working day is added to the Contract for this work.
-Addional roadside restoration work needed for the added concrete work. Three working days are
added to the Contract for this work.
-Two working days are added to the Contract for the added pavement work. Additional grind and
overaly areas were at C Street NW, A Street NE, and I Street NE.
This is a time extension only. Compensation for the work will be tracked under the appropriate bid
items.
The Contract time is extended by 11 working days.
This change order constitutes full and complete compensation for all labor,equipment,materials,overhead,profit,any and
all indirect costs,and time adjustment to perform the above described changes. All other costs are non-compensible. All
other terms and conditions of the contract remain unchanged. ii.1fr4Contractor: 0 /�/�/�/
13
D1eInspector: ..,::""71 / Z Z
Project Manager: /Z1
Date
City Engineer: 4,.,1 eer /z/z/ice Date
Approved by: W kA4 6414,44.,4 L, t 1,I tate
ENG-028, Revised 11/18 ayor, City uburn Date
APPROVED AS TO FORM
ICON
c T ! , Al ,
A CRH Company
September 19, 2018
City of Auburn, Wa
25 West Main St
Auburn, Wa 980014998
Attn: Kim Truong,P.E.
Reference: 15"' St NE/NW Preservation
Subject: Request for added working days
Kim,
ICON would like to request that working days be added to the contract due to the added work listed
below.
1. Added approximately 900 LF of Traffic Curb and Gutter. 3 days to prep and 5 days to pour
2. PSE Vaults on the NW and SW corners of Auburn Way& 15th St NE need new designed vault
lids by PSE,this requires the ramps to be paved temporarily,than after the new lids are
installed the new concrete can be poured. The additional work is the temp paving and removal
of temp paving. 1 day to pave, 1 day to remove.
3. Added removal and disposal of tree due to the location of the water meter that was relocated. 1
day added work.
4. Added Roadside Restoration next to added concrete. 3 days.
5. Added approximately 1,400 SY of milling and paving at C St,A St and I St. 1 day mill, 1 day
grind.
There is the possibility of adding additional concrete sidewalk work, if this occurs more working
days may be asked for.
We agreed with the city at the beginning of this project to trade 5 working days for extended day
time hours which brought the contract days down to 65.
The added work above totals 16 days which brings the net contract days to 81.
If you have any questions or need further explanation/clarification of this letter or its contents please
contact me at 206-575-3902.
Thank You,
1 R
WARRANTY BOND
CONTRACT NO. 18-03
BOND NO. 9283978
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, CPM Development Corporation DBA ICON Materials
as Principal (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland ,
a corporation, organized and existing under the laws of the State of Illinois
as a surety corporation, (hereinafter called the "Surety"), and qualified under the laws
of the State of Washington to become Surety upon bonds of contractors with municipal
corporations, as Surety, are jointly and severally held and firmly bound to the City of
Auburn, Washington, in the penal sum of two million, one hundred twenty-four
thousand, seven hundred thirty-eight dollars and seventy-five cents ($2,124,738.75),
for the payment of which sum we jointly and severally bind ourselves and our
successors, heirs, administrators or personal representatives as the case may be.
This obligation is entered into in pursuance of the Statutes of the State of Washington
and the Ordinances of the City of Auburn, Washington.
Dated at Auburn, Washington, this \0 day of rev c U.ac y , 20,77D .
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, the Principal entered into a certain Contract with the City of Auburn, dated
the 7th day of June, 2018 for Contract numbered 18-03, and providing for the
construction of Project CP1521, 15th Street NE/NW Preservation - grinding of the
roadway from curb to curb along the corridor, pavement repair pavement overlay,
replace segments of damaged or degraded curb and gutter, upgrade curb ramps,
replace pedestrian signal infrastructure to comply with current ADA standard, and
replace signal loops as needed , in accordance with the terms and conditions of said
Contract, which is hereby referred to and made a part hereof as it is fully set forth
herein, and
WHEREAS, the said Principal is required to guarantee all the construction of the Work
installed under the said Contract, against defects in Deliverables under the Warranty
provisions set forth in Section 1-05.10, Guarantees, under the Contract, which may
develop during the One Year period following contract completion as defined in said
Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the
Surety's obligation hereunder shall only arise upon Surety's receipt of a copy of City
of Auburn's written notice to Principal setting out City of Auburn's claim against
Principal. City of Auburn's written notice should state intended amount to be claimed
in the event Principal fails to commence action to cure such default within 30 business
days from the date of the notice.
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A FURTHER CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall
faithfully carry out and perform the said guarantee, and shall, on due notice, repair
and make good at its own expense any and all defects in the said work and
Deliverables which may develop during the One Year period following Contract
Completion or shall pay over, make good and reimburse to the said City of Auburn all
loss and damage which said City of Auburn may sustain by reason of failure or default
of said Principal so to do, then this obligation shall be null and void, otherwise shall
remain in full force and effect but not later than One Year following contract completion
or the date Principal delivers a further Warranty Bond in the amount as stated above
per the requirements of the Contract, whichever date is later. The Principal and Surety
shall hold the City of Auburn harmless from all defects appearing or developing in the
material or workmanship provided or performed under this Contract within a period of
One (1) Year after Contract Completion, THEN and in that event this obligation shall
be void; but otherwise it shall be and remain in full force and effect.
It is hereby expressly agreed that if any legal action is necessary to be brought under
the conditions of this bond, that the decisions of the Courts of the State of Washington
shall be binding.
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument
this o day of e r.war y , 20
CPM De .. ••nt co .oration DBA Materials
.107 mo i V
'rinc..al Mark Eichelberger
Fidelity and Deposit Company of Maryland
Surety
Tina Davis, WA License No. 2.
15 W. South Temple, Suite 700
Salt Lake City, UT 84101
801-533-3624
Non-Resident Agent's Address & Phone Number
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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
Robert D.Murray,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 Tina Davis,Lisa Hall,Lindsey Plattner and Linda Nipper,all of Salt Lake City,Utah,EACH,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 31st day of July,A.D.2019.
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ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray
Vice President
•
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By: Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 31st day of July, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,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 he/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 of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
':of , i'3
on,) :., Constance A.Dunn,Notary Public
%,<r;;f;i{ i�; My Commission Expires:July 9,2023
41'rtnm0�,
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-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
I, the undersigned, Secretary 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 certificate;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 15th day of December 1998.
RESOLVED: "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 bearing 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 10th 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 day of
03144
`'4 „inSEAL
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By: Brian M.Hodges
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
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfclaimsclzurichna.cont
800-626-4577
Tina Davis, CIC, AFSB
Sr.Vice President
M MARSH Marsh USA Inc.
15 West South Temple,Suite 700
Salt Lake City,UT 84101
801 533 3624 Fax 801 533 3610
tina.davis@marsh.com
www.marsh.com
December 18, 2019
City of Auburn
25 West Main Street
Auburn, WA 98001
Subject:
CPM DEVELOPMENT CORPORATION DBA ICON MATERIALS — BOND NO.
9283978
TO WHOM IT MAY CONCERN:
We hereby give our authorization to date the above referenced Maintenance bond for the City of
Auburn—CP1521 15th Street NE/NW Preservation, and attached Power of Attorney to
correspond with the date of the contract.
Sincerely,
Tina Davis, C, AFSB
Attorney-In-Fact for Fidelity and Deposit Company of Maryland
MARSH&McLENNAN
SOLUTIONS...DEFINED,DESIGNED,AND DELIVERED. COMPANIES
•
•
I •
ZURICH AMERICAN INSURANCE NY
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
Robert D.Murray,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 Tina Davis,Lisa Hall,Lindsey Plattner and Linda Nipper,all of Salt Lake City,Utah,EACH,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 31st day of July,A.D.2019.
, _ lox (CAL I
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OW' PO-
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray
Vice President
: l-)Gini=/t-' 52ee ..,_.
By: Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 31st day of July, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,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 he/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 of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
.gyrr� /1 e�,,{.A YY--- Ct.
\:11:1.'.
etpl4;.t; Constance A.Dunn,Notary Public
'1'41My Commission Expires:July 9,2023
nu „
•
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-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
I, the undersigned, Secretary 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 certificate;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 15th day of December 1998.
RESOLVED: "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 bearing 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 10th 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 18th day of December, 2019.
«tris•'M.
o: c:EAL
n,.)" t s�. tees ,r woes,
e00
By: Brian M.Hodges
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
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfclaims@zurichna.com
800-626-4577