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HomeMy WebLinkAboutCP2017 #21-05 2021 Storm Renewal and Replacement * Memorandum CITY OF ..Ar !..„_.:7---.--,2•-7,49/ �---✓' 4,,,_A ETfFPN /' WASHINGTON 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, . . ....... . ...... y { i5i ` 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 • 1 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) . • , , . . CAuAlan . P 'eel/L*14-11+1e) Ptint/Type Name Retainage Bond Page2 of.3 ENG-050, Revised 9/18 . , 1 1 SURE.. ,.. ..,;Fidelity and Deposit ,: k ompa:(0114 ',aryland ilt By.,.: . . . ,,'/,..--.,4,,..•.,... :..415.,/,- •iiiif..:i:,,.,--, ...' .,' . ...:.• (sidrio.,ur..6-.0 .AttO.,‘!:-2.7: :Act fiji:,Sti.ity*): Carley Espiritu I . . . (Typed Name of Attorney-in-Fat 1. Dated 9•108/ 021- . . „, . ... , . . Local Agent Name, Phone, &Address 1 I PrOpel Insurance. itt0,.8Ox. 040: . . .. . .. . . Tacoma, INA.084104-2040: (253)759-2200 .: CITY OF AUBURN;; - • Ao.00ptodiBy.:. j . ,.. 7 . • ,jaii4jtii:i.aati:::.•,,AOI4 iitOiiiadi.-''' Itiigineiniig4fist:tnglinaai:. :Dated'. . C)):1 V6i1..2DIA ... . .. .. .. Approved:as.toltiriTi:; • €':: ,.•:\AN,•-0:4A,Y,. . . . Kendra COmeadi:CityAttomey . . *This bond must be accompanied by a fully executed Power of:Attorney appointing the Attorney-inFaotheforeiltibecorneseffe.otive. 1 I 1 i - .... Rotitlge,-.E3aine Page 3óf3:: . 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 • . • 1,0 eNk (. . 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. • • • S.tR 16..•• /� c iafih 'N l•y>yf . Constance A.Dunn,Notary Public • 'k�U My Commission Expires:July 9,2023 i +rnttttrt),‘ Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 4 !, 4 '47,,... •1 ••1::: ,o • ' I . ?,1 . . . . „ . . •I 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 time :CERTIFICATE. i 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 1 • I . . . . Tins Power of Attottley.and:Certifichte:may be$igpea byfaaimji-6400roo.by ntalibrity.OrthetilloWird testilinioa Ofthe.Board,..Of .. ... Directors of the ZURICH AMERICAN INSURANCECOMPANY atotheetiagrInlyehlledandbeRIOn..the.0tIr day••ofDeceinber'I9.981.• RESOLVED:, That the signature ate:President:0 ti,Vipoi:pkg$00t.'40:the:littestitigaignature'Ofa:•Seerettay.orfaa Assistant Seetetiny •and 616:goal of the Company may be affixed by facsimile on any Power of Attorney,..A0 such Power of any certificate:thereof bearing such •1 faoiipifgiW).4(itr .44,4.5ei4:04 bo Vdtitt andbitiding on;the.:Coinpitay;" . ., I This'Powcr of Attorney and C.ertilielite:may be signed by Ihesiniiie:toOf and by authority of the following resolution of the:Board:Of .. , . DirepterS,Of the COLONIAL AMERICAN.CASUAL17.40.;STIRETY.COMPANY at a riceliag'-didy•eptied..00,104 oil'thio.,5th';day of• : May,:1994 and the. following resolution of the,Band of Niectots,orthe..FIDELITY AND DEPOSIT'COMPANY or MARYLAND•at a .11 meeting duly cane4410:10d'on,ft.16th day:of'may;,1990: ,:•.-. '`. RI SOLVED 'TiTti.ittlie.faeSiritile.or theelianiehily reprodneed.: eitt eft OAT anyandi•fiteSiatile:otineellaniedlyreprOditeed,aianhaire •,. of any Secretary Or•••,A$*lnit Seeretaty.•617. e, bilipohy,*lictha int*.tioteoforo:oheo4ot,.Wile.rora appearing upon upon a• dSt thc . , ... it e:ertitiedeapy of any power of attorney issued hy•thei•CranpittiYi slatil,be valid:0d:binding apoirthetbinpany withihe;aame force and effect• •. :i. asthOtatittnittuallYiiffixed,; .••,, i I:4;k:';',,IMON''•••',r TE '- •.:.-1.--' -taxelieret' u;,••••i''-‘:,".id:lily 0*onif:alikectitlio,corporate•seal s:able said•COnipatties:, this jigtri a,:•of••:; :.P.' '''''''• -:Ua'..410:''. '1.•::4 . . :l .. .. . i:,/,.. „.:,..„, .;,,., 4#:,;;;X•-:,,:,4,, .. ) ( i .4 . . , J ,,...,- . 1, , , . ... ...„. . . By: .13:041,,MjiNgiii 'VieePresident TO REPORT A:.:C14-01'1. NIT 1,1-11E GAUP takSVRETY BOND,.PLEASE SUBIVILT k.COMPLETgPESC.ROTIgN .. . .. OF TOE CLAIM INCLIHOOTar,ipRINcIPAL.QN.:,TITE BOND,THE'BOND NUMBER,AND YOUR CONTACT 1 INFORMATION TO, Zurich.Surety Claint 12991,Zarich Wot. . • schattburg,.m 601:90.105o vw:‘;11:,repon:81bliiittiqitzuriditiLtonl ,....„ ....„.... .........„..„.....—....„:.:::..........„.„.:„.. 800,626,4577 I. t . . Authenticity of this.bOntt ta0,:bve0.000.0Od 40).0448talid41041Itichoo4oin-pr 4111 .559,8796 • • . .. . . . ,, 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, ( 1 , 1 (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 ... • i ,• i, I • 4 ,. 7V, 4 .. .,1 •••, 4 I 4 EXTRACT FROM BY-LAWS 0F TOE CON1PARIE$ iii e . y„ .or 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 .,,, rat6goiOneo..,.801,10hitfop,.Aindertiiithig,qr,ObeF like'i,140,11iiep.t$i Otil)01):00f flit,00-tpoy,-00.4.0.io li.u.thpf.04.40y,officer Ot..00y.. 1ch 1 Attorfioy. f04 to ilifil.. tho:001-10rgle.40I Ilieret0;;Andinqy ,Aiith.:13t.wiihnut in*modifkofreypke!apy'.:4,ictioppoiiittuotA 0..othootyot 0ny. '.....11, lime'• CERTIFICATE T,•,t1e undersigned,, Vine p*giii.0.0.of .ti. ZURICH AlaRICA:O INAJIt*Nct tommtw, the coLomAr.....-:. ANMR:rcAK. CASUALTY ANO,:sulw10Z C010:0t!0-44,'tilie t 00,1:1V AND.DEPO5II COMPANY:Of'IVIARYIAND,.do hereby:certify ihg:the, iiiiegohiiROwer of Attorney,i .:..till:iriftill:,,force;and,:effect on.tlie,:datedt thi.5'.ediiiiicate and Ji do further certi.0 Alia&tido V,,Se0:tion 8.... cii:',' 1.he., y..44.w§.0fthe,t70.111,papi.e0 :sti.111*:.(0tee:. s • 71:hi:00Wer cit Attorney and,Certificate may he signed by facsimile under by authority 9f.theiteMovihg•Tonitnicin of the Board of Iftelot$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.$.e.cretitiy . j aid the of'the.company may be'011)4'.brilie'sithile.on any.Power nfAttorney,:„Anynoll7gy,rer or anyeellitinate:totppt bearing such: fikcinfiic•$ignnturc..nnti$CniOiniybe.' 4ti:40..iit1::Wudihg,001heC(..4110:#4y." Thi:s, 6Wer of AttOrney.and Certificate may be isigAe4' ..y.fooinwwl4000,0y,authority the of the Board of p.kt40-.s..pf tbp:,c(X-(MTAL.•iki.m:FIt. ..CAWAI,,TV AND SURETY COMPANY at.a meeting duly c,1410'..4h0 held,coil*5th!clay 4f." i IN44s.19.94j,and:the folloilinIg.snsolonOn of:the,Lioazd 0:-Dironitg,of itio!yiDT.:7,1717Y.AND DEPOSIT'COMPANY'OF MAKYLANO.at a '..i meeting 1.uly,.:c4110,01(17..held oirthej 10th:d4.y.ormo.,.mo, , i r, 1071$.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 ....- . . . . ' ..:.,: .•':.. . ,...:4;.„:,.:--,..-,-, ,,,,i. '''':*:...:, , •47"1'7",% ' '..,-', •7,7:'-.:.' : -1:, $0;4titti., •,, 0 0 .1.. ii,. •. i:: A....,,,,,r.: ,' F. ,..,,,,,i,vito: :,, ,?.,, 1 .r-171,-:',,i.4.)::•.'.. .' :''!. ,,,!.",,,.;,-7.' ,!`.•--4';'''.'.:'' . ,...,...,... . . .. ,. - •... . I ' •-• 1 • ' ,,e....„...._— ... ...,.... . .... ... 1 . .. . . . •I Byt,. 1)01111,K:).-iooge.0 vice.•ftgidot i I 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 , 1 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. (i? ' jfi4 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