HomeMy WebLinkAboutCP2011 #21-02 Lakeland Hills Way Preservation CITY OF
J\ILJBI.JIR. N4. Nancy Backus,Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998*www.auburnwa.gov* 253-931-3000
April 22, 2021
Mark Eichelberger
CPM Development DBA ICON Materials
1508 Valentine Avenue SE
Pacific, WA 98047
NOTICE TO PROCEED
RE: CP2011, Lakeland Hills Way Preservation, Contract#21-02
You are hereby notified to proceed as of May 7, 2021 with the work on the above-referenced
project, within the time period specified, in accordance with the provisions of the contract
documents, copy enclosed. Your first working day will be May 10, 2021. This project has 60
working days for completion.
This Notice to Proceed does not authorize any construction or other activity in violation of
any law, expressly including the Governor's Emergency Proclamations and related
Guidance Memoranda. Active construction activities shall be in accordance with all current
criteria and requirements related to Proclamation 20-25.
If you have any questions, please contact the inspector for the project, Debra Alvarez at
253-876-1922 or the Contract Administration Specialist, Cindy West at 253-931-3002.
Sincerely,
Seth Wickstrom, PE
Project Manager
Public Works Department
SW/cw/mm
Enclosure
cc: Shawn Campbell, City Clerk
Jacob Sweeting, Assistant Director of Engineering/City Engineer
Debra Alvarez, Project Inspector
Amanda DeSilver, Contract Admin Supervisor
Electronic Distribution Only
ENG-017-ELH, Revised 12/18 AUBURN * MORE THAN YOU IMAGINED
DocuSign Envelope ID:4AC9BA61-CA1 F-4EEC-9CB2-70FD255810E4
CONTRACT
Contract No. 21-02
THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at
Auburn, Washington, this 8th day of April , 2021, by and between the CITY
OF AUBURN, WASHINGTON, a municipal corporation, and CPM DEVELOPMENT
CORP DBA ICON MATERIALS,1508 Valentine Avenue SE, Pacific, WA 98047,
hereinafter called the CONTRACTOR.
WITNESSETH: That, in consideration of the terms and conditions contained in the
Contract Documents entitled "CP2011, Lakeland Hills Way Preservation," which are
by this reference incorporated herein and made a part of this Contract, the parties
hereto covenant and agree as follows:
I. The CONTRACTOR shall do all work and furnish all tools, materials and
equipment for Project CP2011, Lakeland Hills Way Preservation — replacement of
curb ramps, traffic signal modifications, and grind and overlay of 1.2 miles of Lakeland
Hills Way SE between 57th Dr SE and Lake Tapps Dr SE for a unit bid price of one
million, two hundred seven thousand, three hundred fifty-three dollars and fifty cents
($1,207,353.50) and Washington State sales tax of three thousand, eighty-eight
dollars and eighty cents ($3,088.80) for a total contract value of one million, two
hundred ten thousand, four hundred forty-two dollars and thirty cents ($1,210,442.30)
in accordance with and as described in the Contract Documents which are by this
reference incorporated herein and made a part hereof, and shall perform any
alterations in or additions to the work provided under this Contract and every part
thereof.
This Contract shall be executed by the Contractor and returned to the City within 20
calendar days after the receipt of the dated notification of award and the Contract time
shall commence within 10 working days after execution of the Contract by the City
and so designated on the Notice to Proceed. Physical completion shall be within 60
working days of the date on the Notice to Proceed.
If said work is not completed within the time specified, the CONTRACTOR agrees to
pay liquidated damages to the CITY OF AUBURN, as specified in Section 1-08.9
(Liquidated Damages) of the Standard Specifications.
The CONTRACTOR shall provide and bear the expense of all equipment, work and
labor of any sort whatsoever that may be required for the transfer of materials and for
constructing and completing the work provided for in this Contract and every part
thereof, except such as are mentioned in the Contract Documents to be furnished by
the CITY OF AUBURN.
II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to
employ, and does employ the CONTRACTOR to provide the materials and to do and
cause to be done the above described work and to complete and finish the same
according to the Contract Documents and the terms and conditions herein contained
and hereby contracts to pay for the same according to said Contract Documents and
the aforesaid proposal hereto attached, at the time and in the manner and upon the
conditions provided for in this Contract.
DocuSign Envelope ID:4AC9BA61-CA1 F-4EEC-9CB2-70FD255810E4
III. The CONTRACTOR for himself, and for his heirs, executors, administrators,
successors, and assigns, does hereby agree to the full performance of all the
covenants herein contained upon by part of the CONTRACTOR.
IV. It is further provided that no liability shall attach to the CITY OF AUBURN,
WASHINGTON by reason of entering into this Contract, except as expressly provided
herein.
IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed
the day and year first hereinabove written.
CITY OF AUBURN, WASHINGTON
r—DocuSigned by:
A19nLa iaz,kU.IS
By t AFGFRRQ5474.54C1n
Nancy Backus, Mayor
Countersigned:
thissth day of April , 2021
APPROVED AS TO FORM:
e---4 ocuSigned by:
0-0.1.4.1.
ros �u uaaac,...
enara` omeau, City Attorney
CONTRACTOR
—DocuSigned by:
By M.a& fiCt.tfOt,V'at,Y'
t9l AOfficial Signature
CONTRACT BOND
CONTRACT NO. 21-02
BOND NO. 9375696
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, CPM Development Corp DBA ICON Materials, 1508 Valentine
Avenue SE, Pacific, WA 98047, as principal, and Fidelity&Deposit Company of Maryland, a corporation,
organized and existing under the laws of the State of Illinois
as a surety corporation, 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 one
million, two hundred ten thousand, four hundred forty-two dollars and thirty cents
($1,210,442.30), 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 14th day of April , 2021.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, the City of Auburn on the 6th day of April, 2021, let to the above bounden
principal a certain Contract. The said Contract being numbered 21-02, and providing for the
construction of Project CP2011, Lakeland Hills Way Preservation - replacement of curb
ramps, traffic signal modifications, and grind and overlay of 1.2 miles of Lakeland Hills Way
SE between 57th Dr SE and Lake Tapps Dr SE (which Contract is referred to herein and is
made a part hereof as though attached hereto), and
WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and
undertake to perform the work therein provided for in the manner and within the time set
forth:
NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and
comply with the terms, conditions, and provisions of said Contract in all respects and shall
well and truly and fully do and perform all matters and things by them undertaken to be
performed under said Contract, upon the terms proposed therein, and any and all duly
authorized modifications of said Contract that may hereafter by made, and within the time
prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics,
subcontractors and material men, and all persons who shall supply principal or
subcontractors with provisions and supplies for the carrying on of said work and shall hold
said City of Auburn, Washington, harmless from any loss or damage occasioned to any
person or property by reason of any carelessness or negligence on the part of said principal
or any subcontractor in the performance of said work, and shall in all respects faithfully
perform said Contract according to law, and shall indemnify and hold the City of Auburn,
Washington, harmless from any damage or expense by reason of failure of performance, as
specified in said Contract, and
The undersigned principal and the undersigned surety present this contract bond related to
the Contract, PROVIDED that this document shall not be enforceable unless and until the
City of Auburn awards and executes the Contract to the undersigned principal. No
obligations under this bond, for the performance of the above-referenced contract, shall be
enforceable until the City of Auburn has executed the contract to the undersigned principal.
The Surety, hereby agrees that modifications and changes may be made in the terms and
provisions of the aforesaid Contract without notice to Surety, and any such modifications or
changes increasing the total amount to be paid the Principal shall automatically increase the
obligation of the Surety on this Contract Bond in a like amount, such increase; however, not
to exceed twenty—five percent (25%) of the original amount of this bond without the consent
of the Surety.
PROVIDED, however, that after the completion of this Contract and the expiration of the lien
period, and if there are no liens pending, then the penal sum of this bond, shall be reduced
to either ten percent (10%) of the value of the improvements to the City or two thousand
dollars ($2,000), whichever is greater, to warranty against 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. Notwithstanding the reduction of this bond, 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-bounden parties have executed this instrument this
14th day of April , 2021.
CPM Devi •a e t Co-.oration DBA I aterials
Princi•al Mark Eic --lberger
Fidelity and Deposit Company of Maryland
Surety
By
Attorney in Fact Linda Nipper
WA License 875817
March USA Inc.
15 W South Temple Ste 700, Salt Lake City UT 84101
801.533.3629
Non-Resident Agent's Address &Phone Number
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 Linda Nipper , 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 1 lth day of July,A.D.2019.
�3roy� za too,/
♦ r
���� SEEAL
tie irw ��'' ,
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray
Vice President
i-1-)a, m, edeaK__
c„
By: Dawn E.Brawn
Secretary
State of Maryland
County of Baltimore
On this l lth 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,l have hereunto set my hand and affixed my Official Seal the day and year first above written,
LL„Luuirigy
,Jj'����jati`i',,Is Constance A.Dunn,Notary Public
$,k,;il�iiti,) ' My Commission Expires:July 9,2023
BOND IN LIEU OF RETAINAGE
(Retainage Bond -RCW 60.28)
Bond No. 9375697
KNOW ALL PERSONS BY THESE PRESENTS, THAT
CPM Development Corp DBA ICON Materials, 1508 Valentine Avenue SE, Pacific, WA
98047, a corporation organized under the laws of the State of
Washington and registered to do business in the State of
Washington as a contractor, as Principal, and Fidelity and Deposit Company of Maryland ,
a
corporation organized under the laws of the State of Illinois 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 6th day of April , 2021, the Principal executed
Contract No. 21-02 with the CITY for Project Number CP2011, Lakeland Hills Way
Preservation; 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 RCW 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 9/18
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 14th day of April 2021 •
PRINCIPAL:
CPM Development Corp DBA ICON Materials
1508 Valen ine Avenue SE
Pacific, �� • � 7
B :
Y
(Sig,ature o P#horized e resent ive)
Mark Eichelberger
Print/Type Name
Retainage Bond
Page 2 of 3
ENG-050, Revised 9/18
SURETY:
Fidelity and Deposit-Company of Maryland
By: .moi..
(Sig Sure of Attorn i -Fact for Surety*)
Linda Nipper,WA License 875817
(Typed Name of Attorney-in-Fact)
Dated April 14, 2021
Local Agent Name, Phone, & Address
Linda Nipper
Marsh USA Inc.
15 W South Temple Ste 700
Salt Lake City UT 84101
801.533.3629
CITY OF AUBURN:
Accepted By: Gce,(/),/
Jacob Sweetin Assists` ectortdf Engineering/City Engineer
Dated: 7f 22/
Approved as to form:
VRAVikAA- Cc/mu--
Kendra Comeau, 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 9/18
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 Linda Nipper , 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 11th day of July,A.D.2019.
GY .
ca4try3R10 w :N.ol
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e4or .t ,* 4,� alp.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
...... "--.7_.....?Th
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of(Baltimore
On this 11th 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.
%ow silk
it t�� ) ,
b"tl ,' ` /,'Z Constance A.Dunn,Notary Public
4•.•.PUs�.:a
.tt,/44';"1``,�, My Commission Expires:July 9,2023
•
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
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 certificate;and 1 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 14th day of April , 2021
Nisiii �` V'o ,...
SEAL �°
_ uN
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.reportsfclai ms®zurichna.com
800-626-4577
Memorandum
CITY OF
WASHINGTON
To: City Council, Mayor
•
From: Ingrid Gaub, Public Works Director _v. 4' 4/7/2021
Si ed " Date
CC: Ryan Vondrak, Capital & Construction Engineering Manager
Jacob Sweeting, City Engineer/Assistant Director Engineering Services
Re: Award of Public Works Contract 21-02, CP2011, Lakeland Hills Way Preservation
As delegated by the Mayor to award public works contracts within the authorization limits of
Auburn City Code 3.10.010, I hereby approve and award Contract No. 21-02 to the lowest
responsible bidder, CPM Development Corporation DBA ICON Materials, on their total low bid
of$1,210,442.30, including sales tax for Project No. CP2011, Lakeland Hills Way Preservation.
The City received 5 responsive bids and the low bid was approximately 19% below the
engineer's estimate. Staff performed verifications to determine that CPM Development
Corporation DBA ICON Materials meets the responsible bidding criteria.
The total estimated project costs are within the total project budget.
The Lakeland Hills Way Preservation will grind, patch, and overlay Lakeland Hills Way from
57th Drive SE to Lake Tapps Dr SE (excludes the intersection at Lake Tapps Parkway),
upgrade curb ramps, and complete traffic signal modifications at the intersection of Lakeland
Hills Way and Evergreen Way SE.
Staff will provide construction status updates on the monthly Capital Project Status Report.
Enclosure(s): Bid Tab Summary Sheet, Vicinity Map
ENG-003, Revised 2/21
CONTRACT BOND
CONTRACT NO. 21-02
BOND NO. 9375696
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, CPM Development Corp DBA ICON Materials, 1508 Valentine
Avenue SE, Pacific, WA 98047, as principal, and Fidelity&Deposit Company of Maryland, a corporation,
organized and existing under the laws of the State of Illinois
as a surety corporation, 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 one
million, two hundred ten thousand, four hundred forty-two dollars and thirty cents
($1,210,442.30), 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 14th day of April , 2021.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, the City of Auburn on the 6th day of April, 2021, let to the above bounden
principal a certain Contract. The said Contract being numbered 21-02, and providing for the
construction of Project CP2011, Lakeland Hills Way Preservation - replacement of curb
ramps, traffic signal modifications, and grind and overlay of 1.2 miles of Lakeland Hills Way
SE between 57th Dr SE and Lake Tapps Dr SE (which Contract is referred to herein and is
made a part hereof as though attached hereto), and
WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and
undertake to perform the work therein provided for in the manner and within the time set
forth:
NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and
comply with the terms, conditions, and provisions of said Contract in all respects and shall
well and truly and fully do and perform all matters and things by them undertaken to be
performed under said Contract, upon the terms proposed therein, and any and all duly
authorized modifications of said Contract that may hereafter by made, and within the time
prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics,
subcontractors and material men, and all persons who shall supply principal or
subcontractors with provisions and supplies for the carrying on of said work and shall hold
said City of Auburn, Washington, harmless from any loss or damage occasioned to any
person or property by reason of any carelessness or negligence on the part of said principal
or any subcontractor in the performance of said work, and shall in all respects faithfully
perform said Contract according to law, and shall indemnify and hold the City of Auburn,
Washington, harmless from any damage or expense by reason of failure of performance, as
specified in said Contract, and
The undersigned principal and the undersigned surety present this contract bond related to
the Contract, PROVIDED that this document shall not be enforceable unless and until the
City of Auburn awards and executes the Contract to the undersigned principal. No
obligations under this bond, for the performance of the above-referenced contract, shall be
enforceable until the City of Auburn has executed the contract to the undersigned principal.
The Surety, hereby agrees that modifications and changes may be made in the terms and
provisions of the aforesaid Contract without notice to Surety, and any such modifications or
changes increasing the total amount to be paid the Principal shall automatically increase the
obligation of the Surety on this Contract Bond in a like amount, such increase; however, not
to exceed twenty—five percent (25%) of the original amount of this bond without the consent
of the Surety.
PROVIDED, however, that after the completion of this Contract and the expiration of the lien
period, and if there are no liens pending, then the penal sum of this bond, shall be reduced
to either ten percent (10%) of the value of the improvements to the City or two thousand
dollars ($2,000), whichever is greater, to warranty against 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. Notwithstanding the reduction of this bond, 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-bounden parties have executed this instrument this ,'
14th day of April , 2021. ,
CPM ev e t C. .oration DBA I .@N e aterials
Princi•al Mark Eic Iberger
Fidelity and Deposit Company of Maryland
Surety
BY
Attorney in Fact Linda Nipper
WA License 875817-
March USA Inc. - -
15 W South Temple Ste 700, Salt Lake City UT 84101
801.533.3629
Non-Resident Agent's Address & Phone Number
• .• r
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 Linda Nipper , 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 11th 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
ckaThaunt..
By: Dawn E. Brown
,Secretary
State of Maryland
County of Baltimore
On this 11th 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.
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poo.. � Constance A.Dunn,Notary Public
f'�,iii,';;i••yi;;4�, My Commission Expires:July 9,2023
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, 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 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 14th day of April , 2021 ,
h
E41•1=i
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.reportsfcl aims @zurichna.com
800-626-4577
BOND IN LIEU OF RETAINAGE
(Retainage Bond -RCW 60.28)
Bond No. 9375697
KNOW ALL PERSONS BY THESE PRESENTS, THAT
CPM Development Corp DBA ICON Materials, 1508 Valentine Avenue SE, Pacific, WA
98047, a corporation organized under the laws of the State of
Washington and registered to do business in the State of
Washington as a contractor, as Principal, and Fidelity and Deposit Company of Maryland ,
a
corporation organized under the laws of the State of Illinois 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 6th day of April , 2021, the Principal executed
Contract No. 21-02 with the CITY for Project Number CP2011, Lakeland Hills Way
Preservation; 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 RCW 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 9/18
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 14th day of April 2021
PRINCIPAL:
CPM Development Corp DBA ICON Materials
1508 Valen ine Avenue SE
Pacific, ' •781 7
By: Y.2
(Sig nature o 'rorized Re resent. ive)
Mark Eichelberger
Print/Type Name
Retainage Bond
Page 2 of 3
ENG-050, Revised 9/18
,
SURETY:
Fidelity and Depo ' any of Maryland
BY __________)
(Sig ature of Attorn ' -Fact-for Surety. )
Linda Nipper,WA License 87S817-
(Typed Name of AttorrreJ-in-Fact)
April 14, 2021
Dated
Local Agent Name, Phone, & Address
Linda Nipper
Marsh USA Inc.
15 W South Temple Ste 700
Salt Lake City UT 84101
801.533.3629
CITY OF AUBURN:
Accepted By: G c ia'/ ,
Jacob Sweetin Assist/ Directortdf Engineering/City Engineer
Dated: V/2 2 i
Approved as to form:
Kendra Comeau, 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 9/18
•
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 Linda Nipper , 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 11th day of July,A.D.2019.
."vis .-
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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
By: Dawn E Broo ?
Secretary
State of Maryland
County of Baltimore
On this 11th 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 swom,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.
N•yr "trio-NCR—la
:s
s Constance A.Dunn,Notary Public
,h;/;••;•i�,. My Commission Expires:July 9,2023
•
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, 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 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 14th day of April , 2021
Vim
4 apm
tam�
O{IO1jI ` 61'7J
(BAL). ‘ -3=4/
Oaw 04$69
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
. Q
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 Linda Nipper , 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 11th 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
'iee President
By:. Dawn E.Brown -
- '.secretary _ _
State of Maryland
County of Baltiatiore
On this 11th 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.
.. `lNgi 11NI
1} '
,los› * Constance A.Dunn,Notary Public
�� 7-' c�`. My Commission Expires:July 9,2023
nntm�r`