HomeMy WebLinkAboutCP1927 #21-16 Auburn Way North & 1st ST NE Signal Replacement CITY OF AUBURN
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1 DATE: June 25, 2021
Project Number CP1927, Contract No. 21-16
Auburn Way North and 1st St NE Signal Replacement
Bid Opening Date: June 29, 2021
11:00 AM PT
The following revisions, additions, and/or deletions are hereby made a part of the
specifications and plans of the above-named contract and shall be taken into
consideration by the bidder in submitting their bid:
PART 1: GENERAL SPECIAL PROVISIONS:
1-02.13 Irregular Proposals
REVISE Item 2e in this section to read:
If Proposal form entries are not made in ink or digitally placed.
1-07.1 Laws to be Observed
DELETE the following from Section 1-07.1 (Laws to be Observed):
(May 2020 City of Auburn GSP)
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- _-_• _. •_ • ' -ee . •- - - - . - - - - - - - - - - - - :-
1-07.4(2) Health Hazards
DELETE the following from Section 1-07.4(2) (Health Hazards):
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--- - ! •' - -- -..-- - • - •- _ .
- -• - - - -- - - - _:•••• -e - •-- -- --- - ' -_ -. :•••
- - • - ' - - _
_ - _ .o !__ -. o f" . •o. !- - • - 0. ! - ••.e- - - - -- - - - -- - --
the State or Federal requirements are revised, the CHSP shall be updated as necessary to
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By signing the space'provided in the "Receipt of Addenda" section of the "Bid Proposal",
bidders certify and acknowledge receipt of Addendum No. 1 and to due
consideration thereof in preparing and submitting the "Bid Proposal".
Failure to acknowledge receipt of this Addendum on the "Bid Proposal" may be
considered an irregularity in the "Bid Proposal".
Prepared By:
6/25/2021
P ject Manager Date
Approved By:
9e `,do 06/25/2021
Jacob Sweeting, P.E. Date
City Engineer/Asst. Director of Engineering Services
Memorandum
CITY OF
AI j
°° . ". 'WASHINGTON.
To: City Council, Mayor Ar''4,8644i'
From: Ingrid Gaub, Public Works Director 07/15/2021
Signed Date
CC: Ryan Vondrak, Capital &Construction Engineering Manager
Jacob Sweeting, City Engineer/Assistant Director Engineering Services
Re: Award of Public Works Contract 21-16, CP1927, Auburn Way North and 1st St NE
Signal Replacement
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. 21-16 to the lowest
responsible bidder, RW Scott Construction, on their total low bid of$1,234,541.21, including
sales tax for Project No. CP1927, Auburn Way North and 1st St NE Signal Replacement.
The City received 3 responsive bids and the low bid was approximately 24% above the
engineer's estimate. Staff performed verifications to determine that RW Scott Construction
meets the responsible bidding criteria.
The specialized nature of this work and the underestimated cost of the traffic signal system
(custom downtown decorative poles) attributed to the higher than anticipated bid price. Rising
material costs and the current bidding climate will likely lead to increased bid prices in the
coming months/years. Readvertising this project would likely not materialize into a costs savings
and therefore, it is in the City's best interest to award this contract to the lowest responsible
bidder.
The total estimated project costs are within the total project budget.
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
Bid Tabulation - Bid Totals Summary
Project:CP1927,Auburn Way North and 1st St NE Signal Replacement,21-16
Prepared By:City of Auburn
Bid Date:lune 29,2021
------ W/O Tax Inc.Tax
• ENGINEER'S ESTIMATE: $978,485.00 $995,905.99
AVERAGE BID AMOUNT: $1,267,276.57 $1,288365.70
- 'Basic BID Amount Total BID Amount Total BID Spread$ Total BID Spread%
•
LOW BIDDER: .RW Scott Construction - $1,217,199.00 $1,234,541.21 $238,635.22 23.96%
Second Bidder: Sound Pacific Construction,LLC •
$1,275,125,00 $1,297,081.39 $301,175.41 30.24%
Basic BID Total BID
(Tax not included) (Including tax)
1. RW Scott Construction 51,217,199.00 $1,234,541.21
2. Sound Pacific Construction,LLC 51,275,125.00 $1,297,081.39
3. Northwest Cascade,Inc. $1,309,505.70 $1,333,474.52
NOTE:An evaluation of whether a bidder is responsible or non-responsible was only made for thelow bidder.This does not indicate,one way or the other,how other bidders would be considered if they were the low bidder.
6/29/2021 Page 9/9
Auburn Way North/1st Street NE Signal Replacement (CP1927)
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NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet data as mapped.The City of Aubum makes
CONTRACT BOND
CONTRACT NO. 21-16
BOND NO. 9384718
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, RW SCOTT CONSTRUCTION, 4005 WEST VALLEY
HIGHWAY NORTH, AUBURN, WA 98001-2442
as 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, 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 thirty-four thousand, five hundred forty-one dollars and twenty-one
cents ($1,234,541.21), 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 ( 1+4-i'' day of c lN ►A Si— , 2021.
Nevertheless, the conditions of the above obligation are such that)
WHEREAS, the City of Auburn on the 15th day of July 2021, let to the above bounden
principal a certain Contract. The said Contract being numbered 21-16, and providing for
the construction of Project CP1927, Auburn Way North and 1st St NE Signal Replacement
- replacing the signal at Auburn Way North and 1st Street NE with a new signal per the City
of Auburn downtown standards, upgrading curb ramps to meet ADA, installing curb
extensions, storm utility upgrades and channelization (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 thi . trument this
27th day of July , 20 21 .
RW SCOTT CONSTRUCTION
Fidelity and Deposit Company of Maryland
Surety
By �, ,' iati �.
Holli Albers Attorney in Fact ` :. -1
Propel Insurance-Brent E.Heilesen
1201 Pacific Avenue,Suite 1000,Tacoma,WA 98402
253-759-2200
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 hereofand are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and
appoint Katharine J.SNIDER,Karen C.SWANSON,Erica E.MOSLEY,Hoffi ALBERS,Jamie L.MARQUES;Carley ESPIRITU,
Christopher KINYON, Brent E. HEILESEN, Annelies M. RICHIE, Kyle Joseph HOWAT, Heather L. ALLEN, of Tacoma,
Washington, 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 regularlyelected 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 November,A.D.2020.
1``w Co111 il,lry�� `�"I btn IN S%.4.; "+p,'4
•eQe.SPO�....s7. �e j QP Oq9°m
P Rq Ai VO J•Nq _
r c) cc+s —i SEAL`" a= o • m=.�
$i SEAL ;:12 E:c SEAL S;=_ ATTEST:
•Qo�.' ? N..::e..' ,`+ coati. fro°' ZURICH AMERICAN INSURANCE COMPANY
iiiiiiiiiiii ii`\\" ''�ij����;,��5�p�`` ��i,,� - �`�a\ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:Robert D.Murray
Vice President -
cyan, 4
By:Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 11th day of November, A.D. 2020, 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,dcposeth 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 Sealsand 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.
��qr
Constance A.Dunn,Notary Public
ai 1`i�c+ ':', My Commission Expires:July 9,2023
�: �, 3
. ct �trv-.
,///lili1l11\\\
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 Attomey...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 27th _day of July ,2021
•
�,4;0t,Co/ ...- .p���o tnsur, ,yi� ����,,,N�tsUa ty`,'�.
=,,'SEAL`` _ `; SEAL •-1_ a t SEAL
j "y'' -1 s eiiry tl p15 P;:,' '�J9i unn?����•
,iu,ttpt. "
ff /if t/(1461—'
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
CITY OF — '" -J\JJ-i31._J1JrNancy Backus,Mayor
# f WASHINGTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov* 253-931-3000
August 25, 2021 .
Jeff Scott
RW Scott Construction
4005 West Valley Hwy N
Auburn, WA 98001
NOTICE TO PROCEED
RE: CP1927;Auburn Way North and 1st St NE Signal Replacement, Contract#21-16
You are hereby notified to proceed as of August 25, 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 August 26, 2021. This
project has 75 working days for completion.
- If you have,any questions, please contact the inspector for the project, Josh Linkem at
253-876-1926 or the Contract Administration Specialist, Cindy West at 253-931-3002.
Sincerely,
,,,, ii-----
Matthew Larson, P.E.
Senior Project-Engineer
Public Works Department
ML/cw/as
Enclosure
cc: Shawn Campbell, City Clerk
Jacob Sweeting, Assistant Director of Engineering/City Engineer
Josh Linkem, Project Inspector
Amanda DeSilver, Contract Admin Supervisor
Electronic Distribution Only
ENG-017-ELH,Revised 12/18 AUBURN * MORE THAN YOU IMAGINED
,
DocuSign Envelope ID:B8B6FA2B-7DFC-4C14-840C-D371F27149E8
CONTRACT
Contract No. 21-16
THIS AGREEMENT AND :_CONTRACT, made and entered into at Auburn,
Washington, by and between the CITY OF AUBURN, WASHINGTON, a municipal
corporation,•,and...RW SCOTT CONSTRUCTION, 4005 WEST VALLEY HIGHWAY
NORTH,AUBURN,`WA 98001-2442, hereinafter called the CONTRACTOR.
WITNESSETH:. That, in consideration of the terms and conditions contained in the
Contract Documents entitled "CP1927, Auburn Way North and 1st St NE Signal
Replacement," which are,by this reference incorporated herein and made a. part of
' this Contract, the parties hereto covenant and agree as follows:
:The 'CONTRACTOR::sshall-:ido all work and furnish all tools, materials and
equipment for Project CP;1927, Auburn Way North and 1st St NE Signal
Replacement:=:replacing the:signal at Auburn Way North and 1st Street NE with a
new signal per,the City of.Auburn downtown standards, upgrading curb ramps to
meefiADA,`installing.curb:extensions, storm utility upgrades and channelization for a
unit-bid:price. of one:million;:two hundred seventeen thousand, one hundred ninety-
nine 'dollars'-($1,217;199:00).-and Washington State Sales Tax of seventeen
,thousand; three hundred; forty-two dollars, and twenty-one cents ($17,342.21) for a
totalcontract value'of one'million, two hundred thirty-four thousand, five hundred
- fortyonedollars-.and:twenty-one cents ($1,234,541.21) 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 75 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
DocuSign Envelope ID:B8B6FA2B-7DFC-4C14-840C-D371 F27149E8
the aforesaid proposal hereto attached, at the time and in the manner and upon the
conditions provided for in this Contract.
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 reasonofentering into this Contract, except as expressly
provided herein.
IN WITNESS WHEREOF. theparties hereto have caused this Contract to be
executed on August 11, 2 021 ("Effective Date").
„ . CITY OF AUBURN, WASHINGTON
,-OFcuSlgnad by:
y
Nancy Backus, Mayor
Countersigned:
11 August
this day of , 20 21
•
APPROVED.AS TO FORM:
C� dbr
am...
csammanaelr
Kendra Comeau,City Attorney
RW SCOTT CONSTRUCTION
CDoeuS'gned by: _
ea' Scar
By F74293811 804478_
Authorized Official Signature
CONTRACT BOND
CONTRACT NO. 21-16
BOND NO. 9384718
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, RW SCOTT CONSTRUCTION, 4005 WEST VALLEY
HIGHWAY NORTH, AUBURN, WA 98001-2442
as 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; 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 thirty-four thousand, five hundred forty-one dollars and twenty-one
cents ($1,234,541.21), 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-k day ofU <A— , 2021. -
Nevertheless, the conditions of the above obligation are such that
WHEREAS, the City of Auburn on the 15th day of July 2021, let to the above bounden
principal a certain Contract. The said Contract being numbered 21-16, and providing for
the construction of Project CP1927, Auburn Way North and 1st St NE Signal Replacement
- replacing the signal at Auburn Way North and 1st Street NE with a new signal per the City
of Auburn downtown standards, upgrading curb ramps to meet ADA, installing curb
extensions, storm utility upgrades and channelization (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 lienspending, then the penal sum of this bond, shall be
-.reduced to.eitherten percent;;(10%0),of the value of the improvements to the City or two
- thousand..dollars :($2-;000), whicheyerr 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
appearingor 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 thi - trument this
27th day of . July , 20 21. .
RW SCOTT CONSTRUCTION
Fidelity and Deposit Company of Maryland
Surety
•
II
Miaow )
By ) � �
Holli Albers Attorney in Fact
P peI Insurance-Brent E.Heilesen
1201 Pacific Avenue,Suite 1000,Tacoma,WA 98402
253-759-2200
Resident Agent's Address&Phone Number
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1
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 ofdhe 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 Katharine J.SNIDER,Karen C.SWANSON,Erica E.MOSLEY,Holli ALBERS,Jamie L.MARQUES,Carley ESPIRITU,
Christopher KINYON, Brent E. HEILESEN, Angeles M. RICHE, Kyle Joseph HOWAT, Heather L. ALLEN, of Tacoma,
Washington, 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 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 November,A.D.2020.
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g°iy� e •Q�°�•` "' • `ti°?a..+f' .``�_ o• f,, .• ,��o``,�, ZURICH AMERICAN INSURANCE COMPANY
f,, � •.,,�41inot5�,.� • , ;�.,,� COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:Robert D.Murray
Vice President
LiicteaBy:Dawn E.Brown
Secretary
State of Maryland
County of Baltimore .
On this 11th day of November, A.D. 2020, 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 die Company aforesaid, and that the seals affixed to the preceding instrument arc 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. -
Constance A.Dunn,Notary Public
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My Commission Expires:July 9,2023
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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 clay 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 27th day of July ,2021
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Escrow No. 1 01 cn i-I'8O
Agency City of Auburn
25 W. Main, Auburn WA 98001-4998
Contract No. 21-16
- ESCROW AGREEMENT
TO: '
(Bank Name,Address,Phone)
HERITAGE BANK
ATTENTION: LORI PORTER
415 W JAMES STREET
KENT,WASHINGTON 98032
(253)487-7070
;:;- The.-Undersigned,-RW Scott Construction, 4005 West Valley Hwy N, Auburn, WA.
98001 Therein referred to as the:Contractor, has directed the City of Auburn, hereinafter
• referred to as the_Agerncy,to deliver to you its warrants which shall be payable to you
and the Contractor jointly. Such warrants are to be held and disposed of by you in
accordance with the following instructions and upon the terms and conditions
hereinafter set forth.
INSTRUCTIONS
1. Warrants dr checks made-payable to you and the Contractor jointly upon delivery
to you shall be endorsed by you and forwarded for collection. The moneys will then be
used by you to purchase,-as directed by the Contractor, bonds or other securities
chosen by the-Contractor`and approved by the Agency. Attached is a list of such
bonds, or other securities approved by the Agency. Other bonds or securities, except
stocks may be selected by the Contractor, subject to express written approval of the
Agency. Purchase of such bonds or other securities shall be in a form which shall allow
you alone to reconvert such bonds or other securities into money if you are required to
do so by the Agency as provided in paragraph 4 of this Escrow Agreement.
2. When and as interest on the securities held by you pursuant to this agreement
accrues and is paid, you shall collect such interest and forward it to the Contractor at its
address designated in the first paragraph unless otherwise directed by the Contractor.
3. You are not authorized to deliver to the Contractor all or any part of the securities
held by you pursuant to this agreement (or moneys derived from the sale of such
securities, or the negotiation of the Agency's warrants) except in accordance with
written instructions from the Agency. Compliance with such instructions shall relieve
you of any further liability related thereto. The estimated completion date on the
contract underlying this Escrow Agreement is December 10, 2021
4. In the event the Agency orders you to do so in writing, you shall, within thirty-five
(35) days of receipt of such order, reconvert into money the securities held by you
pursuant to this agreement and return such money together with any other moneys held
by you hereunder, to the Agency.
5. The Contractor agrees to pay you as compensation for your services hereunder
as follows:
Payment of all fees shall be the sole responsibility of the Contractor and shall not be
deducted from any property placed with you pursuant to this agreement until and unless
the Agency directs the release to the Contractor of the securities and moneys held
hereunder whereupon you shall be granted a first lien upon such property released and
shall be entitled to reimburse yourself from such property for the entire amount of your
fees as provided for herein above. On the event that you are made a party to any
litigation with respect to the property held by you'hereunder, or in the event that the
conditions of this escrow are not promptly fulfilled or that you are required to render any
service not provided for in these instructions, or that there is any assignment of the
interests of this escrow or any modification hereof, you shall be entitled to reasonable
compensation for such extraordinary services from the Contractor and reimbursement
from the Contractor for all costs and expenses, including attorney fees occasioned by
such default, delay, controversy or litigation.
6. This agreement shall not be binding until executed by the Contractor and the
Agency and accepted by you.
7. This instrument contains the entire agreement between you, the Contractor and
the Agency with respect to this escrow and you are not a party to nor bound by any
instrument or agreement other than this; you shall not be required to take notice of any
default or any other matter nor be bound by nor required to give notice or demand, nor
required to take any action whatever except as herein expressly provided; you shall not
be liable for any loss or damage not caused by your own negligence or willful
misconduct.
8. The forgoing provisions shall be binding upon the assigns, successors, personal
representatives and heirs of the parties hereto.
The undersigned have read and hereby approve the instructions as given above
governing the administration of this escrow and do hereby execute this agreement on
this 27 day of JULY , 2021.
RW Scott Construction City of Auburn
(Contractor) (Agency)
By
at%
ce Director, Jamie Thomas)
JEFF SCOTT, PRESIDENT
(Name) (Title)
. . 30�/
Tile a_above escrow instructions received and accepted this t day of
, 20
By ✓ '1.i—r_ I") L-1 /
(Authorized Bank Officer)
VrA-V-t—Ltit) ICI-- MU(t•L,fleb176"Wo
(N me) (Title)
Securities Authorized by Agency:
- 1): Bills, certificates, notes or bonds of the United States;
2) Other obligations of the United States or its agencies;
3) Obligation of any corporation wholly-owned by the government of the United
States;
4) Indebtedness of the Federal National Mortgage Association;
5) Time deposits in commercial banks; and
6) Savings deposits in commercial banks.
REF. ENG-093, Revised 11/17