HomeMy WebLinkAboutCP2017 #21-05 2021 Storm Renewal and Replacement * Memorandum
CITY OF ..Ar !..„_.:7---.--,2•-7,49/
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To: City Council, Mayor
From: Ingrid Gaub, Public Works Director8/30/2021
Sig ed Date
,
CC: Ryan Vondrak, Capital & Construction Engineering Manager
Jacob Sweeting, City Engineer/Assistant Director Engineering Services
Re: Award of Public Works Contract 21-05, CP2017, 2021 Storm Renewal and
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. 21-05 to the lowest
_ responsible bidder, Northwest Cascade, Inc., on their total low bid of$660,750.84, including
sales tax for Project No. CP2017, 2021 Storm Renewal and Replacement.
The City received four responsive bids and the low bid was approximately 0.5% below the
engineer's estimate. Staff performed verifications to determine that Northwest Cascade, Inc.,
meets the responsible bidding criteria.
The total estimated project costs are within the total project budget.
The 2021 Storm Renewal and Replacement Project will provide minor improvements to the
existing drainage system to eliminate known drainage issues and/or reduce maintenance
needs. The different sites are identified on the enclosed vicinity map.
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
,k
CITY OF - -- <.
Nancy Backus,Mayor
;' " WASHINGTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*_253-951-3000
September 29, 2021
Clint Myers
Northwest Cascade, Inc.
PO Box 73399
Puyallup, WA 98373
NOTICE TO PROCEED
RE: CP2017, 2021 Storm Renewal & Replacement, Contract#21-05
You are hereby notified to proceed as of October 8, 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 October 11, 2021. This
project has 50 working days for completion.
If you have any questions, please contact the inspector for the project, Jamie Roberts at
253-804-5085 or the Contract Administration Specialist, Lydia Fink at 253-288-4327.
Sincerely, .
. ....... . ......
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Luis Barba, PE
Project Engineer
Public Works Department
LB/If/as
Enclosure
cc: Shawn Campbell, City Clerk
Jacob Sweeting, Assistant Director of Engineering/City Engineer
Jamie Roberts, Project Inspector
Amanda DeSilver, Contract Admin Supervisor
Electronic Distribution Only
ENG-017-ELH,Revised 12/18 AUBURN* MORE THAN YOU IMAGINED
DocuSign Envelope ID:09968AB3-656C-476C-A5FE-64CF201046D0
CONTRACT
Contract No. 21-05
THIS AGREEMENT AND CONTRACT, made and enteredinto at Auburn,
Washington, by and between the CITY OF AUBURN, WASHINGTON, a municipal
corporation, and NORTHWEST CASCADE, INC., PO BOX 73399, PUYALLUP, WA
98373, hereinafter called the CONTRACTOR.
WITNESSETH: That, in consideration of the terms and conditions contained in the
Contract Documents entitled "CP2017, 2021 Storm Renewal and Replacement.
Project," which are by this reference incorporated herein and made a part of this
Contract, the parties hereto covenant andagree as follows:
I. The CONTRACTOR shall do all work and furnish all tools, materials and
equipment for Project CP2017, 2021 Storm Renewal and Replacement Project
repair and replacement of storm systems throughout the City, including restoration of
pavement, sidewalk, and landscape areas for a unit, or lump sum, bid price of six
hundred thousand, one hundred thirty-seven dollars($600,137.00) and: Washington
State Sales Tax of sixty thousand, six hundred thirteen dollars and eighty-four cents
($60,613.84) fora total contract value of six hundred sixty thousand, seven hundred
fifty dollars and eighty-four. cents ($660,750.84) in accordance with and as described
in the Contract Documents which are by this reference incorporated: hereinand
made a part hereof, and shall pe form: 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 50 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 Con.tract and every part
thereof, except such as are mentioned in the.Contract Documents to be furnishedby
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:09968AB3-656C-476C-A5FE-64CF201046D0
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 on September 28, 2021 ("Effective Date").
CITY OF AUBURN, WASHINGTON
FDocuSIgned by:
BY `A-LeEt3u9:,..?Y.4..,..
Nancy Backus,,Mayor
Countersigned:
this u 28th of' September
, 20 21
APPROVED AS TO FORM:
pocuSioned by:
Kendra Comeau, City.Attorney
NORTHWEST CASCADE, INC.
By fDocUSTgflod by'
et4.4 Ffyy.a.„,
Authorized Official Signature
BOND IN LIEU OF RETAINAGE
(Retainage Bond -RCW 60 28)
Bond No. 9384729.
KNOW ALL PERSONS BY THESE PRESENTS,THAT
Northwest Cascade, Inc. PO Box 73399, Puyallup;WA 98373
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$0.28; 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 la day of 2021, the Principal executed
Contract No. 21-05 with fhe,CITY for Project Number CP2017, 2021 Storm Renewal
and Replacement; 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 Principalonestimates
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 6028;
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 E.XF'RESSLY AGREED THAT:
1. The liability of the Surety under this bond shall notexceed 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 9/1.8
1
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2. In the event this. bond teases to comply with CITY standards, the CITY
reserves the right to resume the actual.withholding of earned retained funds according to
the contractors designated option: for management of retainage under ROW
60.28.011(4), In the event the CITY resumes withholding.of earned retainedfunds, the.
liability of the Surety under this bond shalt not exceed the:actualamount 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:end Waives notice of eriy.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 andin the.same manner and priority as
set forth for retained:percentages in ROW 6028.
5. Until written release of this obligation by the CITY, this bond may not, be
terminated or canceled by the Principal or the Surety far.any reaton. Any extenaion.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
1
6.. The contractor shalt:comply.vvith all applicable requirements ofROW'60.28.,
7. ROW 60.28.reqUires,the CITY to accept a retainage bond in lieu.of withholding
earned retainedfunds and.the Surety hereby waives any defense that this bond or bond
form is void or otherwise not authorized by law.:
8. Any dein') or suit'against the CITY tdc'fOreClose the liens provided kir by RCW.
60.28 shall beeffective against the Principal and Surety andany judgment under.6028
against the,CITY shall.be.conclusiVe against the.Principaland Surety:.
WITNESS.our hands this2021
8th day,of September
. , •
PRINCIPAL;
Northwest caadade, Inc.:
P.O Box 73399
Pthiya II W :373
B4141.011111.AW*14:74'4:---.
(Signa re of Aptnoti) di3prOentotive)
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CAuAlan . P 'eel/L*14-11+1e)
Ptint/Type Name
Retainage Bond
Page2 of.3
ENG-050, Revised 9/18
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SURE.. ,.. ..,;Fidelity and Deposit
,: k ompa:(0114 ',aryland
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Carley Espiritu I
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(Typed Name of Attorney-in-Fat
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Dated 9•108/ 021- . . „, . ... , . .
Local Agent Name, Phone, &Address 1
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PrOpel Insurance.
itt0,.8Ox. 040:
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Tacoma, INA.084104-2040:
(253)759-2200 .:
CITY OF AUBURN;; -
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:Dated'. . C)):1 V6i1..2DIA ...
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Approved:as.toltiriTi:; •
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Kendra COmeadi:CityAttomey
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*This bond must be accompanied by a fully executed Power of:Attorney appointing the
Attorney-inFaotheforeiltibecorneseffe.otive.
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ENG-05Q,.Revised!9J. l'
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 Heather L. ALLEN, Erica E. MOSLEY, Holll ALBERS, Jamie L. MARQUES, Carley ESPIRITU, Christopher
KINYON,Brent E.HEILESEN,Annelies M.RICHIE,Amelia G.BURRILL 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 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 lies 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 29th day of July,AD.2021 •
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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 '
01, 4 V1040,---
By:
By:: Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 01st day of July, A.D.2021, 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 saitb,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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'N l•y>yf .
Constance A.Dunn,Notary Public
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My Commission Expires:July 9,2023
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Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
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EXTRACT FROIVI.EY4.AWS OrTNE COMPANIES.
Artie V.,.Seetibri 8,Attornevs-in,Fitet. The ChiefExecutive'OfficerAlieTteident,or any Eiteentive:Vice.President Or VitePreSi dent
may,by....writtoi itoomoril.*00. the attested copotoo:.settl, appoint attonieys4n4liet. with authority:.:10 'execute hot:0Si. piilieies.,
reeogniiiinets,'StinalatirtitS,.:andettakingS,.Or.Other like hiStritatertta•'Ortbelialf of the Company and may!atilior4e,;any.offieerOr,atty such 1,1
attorneP,in'tfae(tO affix the.corporate..;seat thetetO';:•aad may with cause toddi67:•Of revolcOhnY'attelkuPtiOinIn164.or authority at any. :I
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I,. the undersikned;,.Vine: President.of the,ZURIOI-I:„AMERICAN INSURANCE. COMPANY;: the :COLONIAL AMERICAN 1
CASUAL IY AND SII4TY COMPANY and the FIDEtiry AND DEPOSIT COMPANY OF MARYLAND 4'c)hereby,certify tiot the, I
foregoing'Powor of Attorney is-stain In11;.foree„andeffect orithe::date:Of this;certifiehte-,:atid I do farther certify that Article•VSeetioa 8,of
the E/414.Ws.::of the:COrnpiunes is strain force: • l
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Tins Power of Attottley.and:Certifichte:may be$igpea byfaaimji-6400roo.by ntalibrity.OrthetilloWird testilinioa Ofthe.Board,..Of
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Directors of the ZURICH AMERICAN INSURANCECOMPANY atotheetiagrInlyehlledandbeRIOn..the.0tIr day••ofDeceinber'I9.981.•
RESOLVED:, That the signature ate:President:0 ti,Vipoi:pkg$00t.'40:the:littestitigaignature'Ofa:•Seerettay.orfaa Assistant Seetetiny
•and 616:goal of the Company may be affixed by facsimile on any Power of Attorney,..A0 such Power of any certificate:thereof bearing such •1
faoiipifgiW).4(itr .44,4.5ei4:04 bo Vdtitt andbitiding on;the.:Coinpitay;" . .,
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This'Powcr of Attorney and C.ertilielite:may be signed by Ihesiniiie:toOf and by authority of the following resolution of the:Board:Of
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DirepterS,Of the COLONIAL AMERICAN.CASUAL17.40.;STIRETY.COMPANY at a riceliag'-didy•eptied..00,104 oil'thio.,5th';day of• :
May,:1994 and the. following resolution of the,Band of Niectots,orthe..FIDELITY AND DEPOSIT'COMPANY or MARYLAND•at a .11
meeting duly cane4410:10d'on,ft.16th day:of'may;,1990: ,:•.-.
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of any Secretary Or•••,A$*lnit Seeretaty.•617. e, bilipohy,*lictha int*.tioteoforo:oheo4ot,.Wile.rora appearing upon upon a•
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TO REPORT A:.:C14-01'1. NIT 1,1-11E GAUP takSVRETY BOND,.PLEASE SUBIVILT k.COMPLETgPESC.ROTIgN
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OF TOE CLAIM INCLIHOOTar,ipRINcIPAL.QN.:,TITE BOND,THE'BOND NUMBER,AND YOUR CONTACT 1
INFORMATION TO,
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CITY OF * � „ '*
ll'
Nancy Backus,Mayor
x
WASHINGTON. 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000
October 6, 2021
Clint Myers
Northwest Cascade, Inc.
PO Box 73399
Puyallup, WA 98373
NOTICE TO PROCEED REVISED
RE: CP2017, 2021 Storm Renewal & Replacement, Contract#21-05
You are hereby notified to proceed as of October 5, 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 October 6, 2021. This
project has 50 working days for completion.
If you have any questions, please contact the inspector for the project, Jamie Roberts at
253-804-5085 or the Contract Administration Specialist, Lydia Fink at 253-288-4327.
Sincerely,.. , : .:
/
Luis Barba, PE
Project Engineer
Public Works Department
LB/If/as
Enclosure
cc: Shawn Campbell, City Clerk
Jacob Sweeting, Assistant Director of Engineering/City Engineer
Jamie Roberts, Project Inspector
Amanda DeSilver, Contract Admin Supervisor
Electronic Distribution Only
ENG-017-ELH, Revised 12/18 AUBURN * MORE THAN YOU IMAGINED
DocuSign Envelope ID:09968AB3-656C-476C-A5FE-64CF201046D0
CONTRACT
Contract No. 21-05
THIS AGREEMENT AND CONTRACT, made and entered into at Auburn,
Washington, by and between the CITY OF AUBURN, WASHINGTON, a municipal
corporation, and NORTHWEST CASCADE, INC., POBOX 73399, PUYALLUP, WA
98373, hereinafter called the CONTRACTOR.
WITNESSETH: That, in consideration of the terms and conditions contained in the
Contract Documents entitled "CP2017, 2021 Storm Renewal. and Repla:cement.
Project," 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. CP2017, 2021 Storm Renewal, and Replacement Project —
repair and replacement of storm systems throughout the City, including restoration of
pavement, sidewalk, and landscape areas for a unit, or lump sum, bid price of six.
hundred thousand, one hundred thirty-seven dollars($600,137.00) and Washington
State Sales Tax of sixty thousand, six hundred thirteen dollars and eighty-four cents
($60,613.,84)for a total contract value of six hundred Sixty thousand, seven hundred
fifty dollars and eighty-four cents ($660,/50.84) 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 50 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 furnishedby
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
causeto 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 andin the manner and upon the
conditions provided for in this Contract.
DocuSign Envelope ID:09968AB3-656C-476C-A5FE-64CF201046D0
The CONTRACTOR for himself, and for his heirs, executors, administrators,
successors, and assigns, does hereby agree to the full rperformance of all the
covenants,herein contained upon by part of the CONTRACTOR..
IV. It is furtherprovided 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 on Sept ember 2 8, 2021 ("Effective Date").
CITY OF AUBURN, WASHINGTON
(7DocuSIgnod by:
By r
ACOCDOVAC&Ieb_
Nancy.Backus,, Mayor
Countersigned:
clY
41,I,„ 28th day 'of September 20 21
u u
APPROVED ASTO FORM:
i-- :ocuSigned by:
(
/••• mosAnn,nnoaar
Kendra Comeau, City-Attorney
NORTHWEST CASCADE, INC.
,--Doeusioned by:
By et444 Hy144
Authorized'Official Signature
BOND IN LIELI OF RETAINAGE
(Retainage Bond-ROW 60.28),
Bond NO. 9384729
KNOW ALL PERSONS.BY THESE PRESENTS,THAT
Northwest Cascade, Inc. PO Box 75399, Puyallup, WA 98373
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, 2.E3 day , 2021,the Principal executed
COntract No.,21-05 with the CITY for Project Number CP2017,2021 Storm Renewal
and Replacement; 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 suchthat 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 CRY..
IT IS FURTHER EXPRESSLY AGREED THAT:
-I. 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 constructiort
Retainage Bond,
Page 1 of3
ENG4)50,Revised 9/18
2. to 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 I
applicable 'law with venue in King County, Washington. This bond and any proceeds
therefrom shall be subject to all claims and liensand:in the same'manner and priority as
set forth for retained percentages in ROW 60 263 £
5.. Until written release af this obligation by the CITY, this bondmay 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 i
contract, or any amendment to the contract or change orders of any kind shall not release ).
the Surety from its obligation under this bond, i
I
6. The contractor shall comply with all'applicable requirements of ROW 60.28.
1
7, ROW'60r28 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'bylaw,
8. Any claim or suit against the CITY to foreclose the liens provided for by ROW'
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.
September 2021
WITNESS our hands:this 8th day of: =
PRINtIP ,L
Northwest.Cascade, Inc.
PO Box 73399
PuyalI W ,, 9:373
,.
(Signa ure of Author d Representative)
S VP I
antti-vutoEttoarli
Print/Type Name
Retainage Bond
Paget of 3'
ENG-050,Revised 9/18
1,111,'111,
suRET, . Fidelity and Deposit
k:*rnpa : ,0 aryland
By .!
ot,
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(Sign a tare s: A ttON:---:'''' 2act.for Stier)
Carley Eapirtto
(Typed.Name ofAttorneyin-Facty. 1
I
Dated9/68/2021
Local Agent Name,Phone, &Address
1
Propel Insurance
P.O. Box 294.0
. .
Tacoma, WA 98401-2940 i
(255) 759-2205
I
1
1
CITY QF AUBURN: 1
,
„
Accepted By: . • .. e,‘,.,/, ' 1.e.si.(.....), 7
7
,
I
Jacob Sweeti ‘,,Assts nt PirectortEngineeringiCity.Engineer
Dated t .t.)9 1 2-Z1 /...O2•.t
I
Approved as to form:
Kendra Comeau, City Atto,rney
*This bond must be accompanied by a fully executed Power of Attorney appointing the
Attorney-in-Fact before it becomes,effebtive,
•
•
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 Heather L. ALLEN, Erica E. MOSLEY; Holli ALBERS, Jamie L. MARQUES, Carley ESPIRITU, Christopher
I{INYON,Brent E.HEILESEN,Annelies M.RICHIE,Amelia G.BURRILL 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 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 29th day of July,A.D.2021. • ••
1°wb • » ,,°''fi " �'a .
•
au # . •,' A
•
• ATTEST:
• • • • ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray •
Vice President • • •
7)(2401, 4 t>1.-
By: Dawn E.Brown •
Secretary
State of Maryland •
County of Baltimore
. On this 01st day of July, A.D.2021, 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 fled
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.
AiUrrtuikl�rf
.4u to
nzG
tit 'tiy
"4' 4l.4 ' ;yJ
Constance A.Duan,Notary Public
4pW..
My Commission Expires:July 9,2023
Authenticity of this bond can be confirmed at bondvalidator.zfriclnla.com or 410-559-8790
...
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EXTRACT FROM BY-LAWS 0F TOE CON1PARIE$ iii
e
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k!Atti610 .',$eetkni,8,,Atttiew4-:itiTkt The.Chiefaecutive.OfTit r,,itieTte§idei*litxilhy,':fi[edii.ti.lie Vied:EPteMdeiii Or.Vie Pfdiderit
1114Y-.,by written ip§f*nlejtt 4414.0, the •gtt4g4 ''.,•ti001-,,*, .$.e4i, appoint qtf.onley44n440 with authority to ,c?ce.c10 b011.4, 09.1ieies
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rat6goiOneo..,.801,10hitfop,.Aindertiiithig,qr,ObeF like'i,140,11iiep.t$i Otil)01):00f flit,00-tpoy,-00.4.0.io li.u.thpf.04.40y,officer Ot..00y.. 1ch 1
Attorfioy. f04 to ilifil.. tho:001-10rgle.40I Ilieret0;;Andinqy ,Aiith.:13t.wiihnut in*modifkofreypke!apy'.:4,ictioppoiiittuotA 0..othootyot 0ny.
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CERTIFICATE
T,•,t1e undersigned,, Vine p*giii.0.0.of .ti. ZURICH AlaRICA:O INAJIt*Nct tommtw, the coLomAr.....-:. ANMR:rcAK.
CASUALTY ANO,:sulw10Z C010:0t!0-44,'tilie t 00,1:1V AND.DEPO5II COMPANY:Of'IVIARYIAND,.do hereby:certify ihg:the,
iiiiegohiiROwer of Attorney,i .:..till:iriftill:,,force;and,:effect on.tlie,:datedt thi.5'.ediiiiicate and Ji do further certi.0 Alia&tido V,,Se0:tion 8.... cii:','
1.he., y..44.w§.0fthe,t70.111,papi.e0 :sti.111*:.(0tee:.
s •
71:hi:00Wer cit Attorney and,Certificate may he signed by facsimile under by authority 9f.theiteMovihg•Tonitnicin of the Board of
Iftelot$of flio'r4giCH AMIIRICANIN.MtANCECONIVANratotkeeting ihtlrefiti .4 tuid:held-Oitthe.t5th thy Of Decethbetl90& 1
RESOLVED: 174tioiwki:gpot.oro of to:sidotit,o.:4rvi ..:Po.soogt sjd.the attesting signature ofwS.eeretaly ol.::44.4k5sstpti.$.e.cretitiy
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aid the of'the.company may be'011)4'.brilie'sithile.on any.Power nfAttorney,:„Anynoll7gy,rer or anyeellitinate:totppt bearing such:
fikcinfiic•$ignnturc..nnti$CniOiniybe.' 4ti:40..iit1::Wudihg,001heC(..4110:#4y."
Thi:s, 6Wer of AttOrney.and Certificate may be isigAe4' ..y.fooinwwl4000,0y,authority the of the Board of
p.kt40-.s..pf tbp:,c(X-(MTAL.•iki.m:FIt. ..CAWAI,,TV AND SURETY COMPANY at.a meeting duly c,1410'..4h0 held,coil*5th!clay 4f." i
IN44s.19.94j,and:the folloilinIg.snsolonOn of:the,Lioazd 0:-Dironitg,of itio!yiDT.:7,1717Y.AND DEPOSIT'COMPANY'OF MAKYLANO.at a '..i
meeting 1.uly,.:c4110,01(17..held oirthej 10th:d4.y.ormo.,.mo, ,
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1071$.0LN7.T. 4,That the facsimile or inealanicallytpluvdn'e,00;ie.til of 1116..onviii,y4in.d..fticifijiiite,c4.itivollatii0iliytoproduo,4t$i •potOr
Of any Vict-Picident Secretary 0,4]§*10t.$e0etpi)f.'41:thd;(00P40,M.ibtil*.t.4i106%;t10:00fOre.Ot Wid.E:ifthic'illnIOVOr APPOrilig:11P0.4 t
nolifiodF.opy of.44 power or dttOiliOy issued by Company i shill he valid innd;t?ifiding.qpt*Ibp:'COmpany*I:lb.:din;0010'foree and.4tfect,
as though manually
I t . r.ejN::-.,`:;l'E.i ',...,,,.. T:e.: biet. u.:'•!,-.::::-':..,-A:ii*ilithile..tindtiffh'ed:Ilie corporate•01$ofthe$inicl,Comp.40.10,.
tiii§:.:Apt:`ti;.;,..6.fI .,ii„- .:i.,,,,,litik:,.1,'.,, -r:i'F,.....•,:',. .;'.:.,'•::::,.";' ,-: i 1
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Byt,. 1)01111,K:).-iooge.0
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TO REPORT A CLAIM WITH RWARP,TO A.J$1IRETY.BOND;pLEASESUBMIT'AtOMPLETEDE§CRIPTIO.N.
OF THE CLAIM isotuDiN !THE PRINCIPAL ON THE BOND,THE BOND NUMBER;AND,YOUR CONTACT
INEORMATMN TO:
ziwichi:'sordv mils.
1299•-Zurich Way .. i
S.chotliiiibilt.g. A,:60190,-1..05 .1
www seport.fdtaiiii§(tviitiditAjiftipl 1
,800.416-451.7
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Authenticity of this:ihntiti.an he.confirmed at Ii.hinii,Ulitint04titielinn;entitur 41.04559479h
- - • - •- • ••• • • • -••- .„ . . . , . .. ... ..
t-.
BOND IN LIEU OF RETAINAGE
(Retainage Bond -RCW 60.28)
Bond No. 9384729
KNOW ALL PERSONS BY THESE PRESENTS, THAT
Northwest Cascade, Inc. PO Box 73399, Puyallup, WA 98373
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 28 day of&riAtmbeir, 2021, the Principal executed
Contract No. 21-05 with the CITY for Project Number CP2017, 2021 Storm Renewal
and Replacement; 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
1
.
..
•
•
•
.
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 8th day of September 2021
PRINCIPAL:
Northwest Cascade, Inc.
PO Box 73399
Puyall W' , 9:373
B is/�I Al II'I .
(Signa ure of Authori, -d Representative)
NAAdian E.Mtielrs—V,P. o-F ('vt,*Yuc .n
Print/Type Name
Retainage Bond
Page 2 of 3
ENG-050, Revised 9/18
` j ,
SURE • Fidelity and Deposit
k ompa p
. 1 aryland
)i
By: V1 ! ..i AEU
(Signa ui o Atto' -1r'--"-act for Surety*)
Carley Espiritu
(Typed Name of Attorney-in-Fact)
Dated 9/08/2021
Local Agent Name, Phone, &Address
Propel Insurance
P.O. Box 2940
Tacoma, WA 98401-2940
(253) 759-2200
CITY OF AUBURN:
Accepted By: u I
Jacob Sweeti ,Assis nt ector?
Engineering/City Engineer
Dated: 09 126 I 2026
Approved as to form:
_ (- Cc_.,_
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
lV
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 Heather L. ALLEN, Erica E. MOSLEY, Holli ALBERS, Jamie L. MARQUES, Carley ESPIRITU, Christopher
KINYON,Brent E.HEILESEN,Annelies M.RICHIE,Amelia G.BURRILL 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 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 29th day of July,AD.2021.
1140.
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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.Brown
Secretary
State of Maryland
County of Baltimore
On this 01st day of July, A.D.2021, 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.
n �t\:l! 'CterVIXCLvCR.at: .
�.• ) ? L1
a...aty:Y �' Constance A.Dunn,Notary Public
My Commission Expires:July 9,2023
Authenticity of this bond can be confirmed.at bondvalidator.zurichna.com or 410-559-8790
II
•
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 herebycertify 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 oran 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.
0 "_ ' • e�ere ,rt s s. -1:d my name and affixed the corporate seals of the said Companies,
this a of
F1.9 �.
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.reportsfclaimsazurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790