HomeMy WebLinkAboutPW16-030 - Supplement - Republic Services - Annual Performance Bond No. LPM9179344 - 04/01/2020 Bond No.: LPM9179344
Performance Bond
KNOW ALL BY THESE PRESENTS, That we Kent-Meridian Di5 osal Comony as Principal and Fidelity and
Deposit Company of Maryland of IL authorized to do business in the State of Washington as Surety, are
held and firmly bound unto City of Kent as Obligee, in the maximum penal sum of
One Million Dollars and 00 100----- Dollars ( 1000 000.00--- )
lawful money of the United States of America, for which payment well and truly to be made we bind
ourselves, our heirs,executors and assigns,jointly and severally,firmly by this Bond.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to
perform in accordance with the terms and conditions of the Garba--e Recycling, Yard & Food Waste
Collection and Disposal/Marketing Contract (hereinafter referred
to as the Contract), said Contract is hereby referred to and made a part hereof;
NOW,THEREFORE,the condition of this obligation is such that if the above name Principal, its successors
and assigns,shall well and truly perform its obligation as set forth in the above mentioned Contract,then
this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express
conditions:
1. Whereas,the Obligee has agreed to accept this Bond,this Bond shall be effective for the
definite period of April 1,2020 to March 31 2021.The Bond may be extended, at the
sole option of the Surety, by continuation certificate for additional periods from the
expiry date hereof. However, neither: (a)the Surety's decision not to issue a
continuation certificate, nor(b)the failure or inability of the Principal to file a
replacement bond or other security in the event the Surety exercises its right to not
renew, shall itself constitute a loss to the Obligee recoverable under this Bond or any
extension thereof.
2. If there is no breach or default on the part of the Obligee,then the Surety's
performance obligation under the bond shall only arise after:
a. The Obligee has notified the Principal and the Surety in writing at their respective
addresses of the alleged breach with a detailed description thereof,and has requested
and attempted to arrange a conference with the Principal and the Surety to be held not
later than fifteen(15)days after receipt of such notice to discuss methods of performing
the Contract;and has made available during the notice period all books, records,and
accounts relevant to the Contract which may be requested by the Principal or Surety. If
the Obligee, Principal and Surety agree,the Principal shall be allowed a reasonable time
to perform the Contract;but such an agreement shall not waive the Obligee's right,if
any,to subsequently declare a Principal default;
b. The Obligee has declared the Principal in default and formally terminated the Principal's
right to complete the Contract,provided,however,that such default shall not be declared
earlier than twenty(20)days after the Principal and the Surety have received the notice
as provided in"a"above;and
C. The Obligee has agreed to pay the balance of the Contract price to the Surety in
accordance with the terms of the Contract or to the such contractor as may be tendered
by the Surety to the Obligee.
3. No claim,action,suitor proceeding,except as hereinafter set forth shall be had or maintained
against the Surety on this instrument unless such claim, action, suit or proceeding is brought
or instituted upon the Surety within six months from termination or expiration of the bond
term.
4. Regardless of the number of years this Bond is in force or the number of continuation
certificates issued,the liability of the Surety shall not be cumulative in amounts from period
to period and shall in no event exceed the amount set forth above,or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond shall be
made in writing to the Surety at the address specified below. Any demand or request for
payment must be made prior to the expiry date of this Bond.
6. Surety Address:
1299 Zurich Way,Schaumburg, IL
Attn: Claims Dept
SIGNED,SEALED AND DATED this 21st day of July, 2020 .
Kent-MeridOnDis osal tom an i ideli and De osit Com an ` 6. 1 and
i ci pal
By.
h
Kathleen . Mitchell,Attorney-in-Fact Debbie Lindstrom,Attorney=inr-Fact 7
x•.
REPUBLIC
SERVICES
POWER OF ATTORNEY
REPUBLIC SERVICES,INC.,a Delaware corporation having its principal place of business at 18500 N.Allied Way,
Phoenix,Arizona 85054,hereby makes,constitutes and appoints KIBBLE&PRENTICE HOLDING COMPANY dba
US INSURANCE SERVICES NORTHWEST,acting through and by any one of Debbie Lindstrom,Timothy S.
Buhite, Kathleen M. Mitchell, Scott C.Alderman,Peggy A. Firth, Amber Engel,.Jamie Armfield,11olly E. UIfers, or
Roxana Palacios, its true and lawful attorney to sign and seal any and all surety bonds,bid bonds,perfoiTnance bonds
and payment bonds at or below the monetary threshold of Five Million Dollars($5,000,000.00)on behalf of
REPUBLIC SERVICES,INC.and its subsidiaries,relating to the provision of solid waste collection, transportation,
transfer,recycling,disposal and/or energy services by REPUBLIC SERVICES,INC.and its subsidiaries and affix its
corporate seal to and deliver for and on behalf as surety thereon or otherwise,bonds of any of the following classes,to
wit:
1. Surety bonds,bid bonds,performance bonds and payment bonds to the Unites}States of America or
agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal
Revenue; license and permit bonds or other indemnity bonds under the laws,ordinances or regulations of any stale,city,
town,village,board,other body organization,public or private;bonds to transportation companies; lost instrument
bonds;lease bonds;worker's compensation bonds;miscellaneous surety bonds;and bonds on behalf of notaries public,
sheriffs,deputy sheriffs and similar public officials.
2. Surety bonds, bid bonds,performance bonds and payment bonds on behalf of REPUBLIC
SERVICES,INC.and its subsidiaries in connection with bids,proposals or contracts.
REPUBLIC SERVICES,INC.hereby agrees to ratify and confirm whatsoever KIBBLE& PRENTICE HOLDING
COMPANY dba USI INSURANCE SERVICES NORTHWEST shall lawfully do pursuant to this power of attorney,
and until notice or revocation has been given by REPUBLIC SERVICES,INC.,the acts of said attorney shall be
binding on the undersigned.
IN WITNESS WHEREOF,this Power of Attorney has been signed thisl0lay of MA&kt,2020 on behalf of
REPUBLIC SERVICES,INC.by its Assistant Secretary,Eileen B.Schuler.
REPUBLIC SERVICES,INC.,
a Delaware corporation
C- Ien Au er
STATE OF ARIZONA
COUNTY OF MARICOPA
Strb y of 2020 by Eileen B.Schuler,Assistant Secretary.
Matthew Nordquist
Notary Public
_ Maricopa County,Arizona
My Comm Expires 05-31-23
Commission No.563802 CERTIFICATE
1,the undersigned,Eileen B.Schuler,Assistant Secretary of Republic Services,Inc.,a Delaware corporation,do hereby
certify that the foregoing Power of Attorney is true,correct,remains in full force and effect,and has not been revoked.
iN WITNESS WHEREOF,this Certification has been signed this 2Is[ -day of lily. ,2020 on behalf or
REPUBLIC SERVICES,INC.by its Assistant Secretary,'Port 19:Schuler.-
Eileett,$.Sd 9t;4,%
Bond Number LPM9179344
Obligee Citv of Kent
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 MARYLAt4D a corporation of[lie State of Illinois (herein collectively called die "Companies"), by
Robert D.Iliurray,Vice President,in pursuance of authority gninted by Articic V,Section 8,of the By-Laws of said Companies,which arc
set forth on the reverse side hereof and are hereby certified to be is full force and effect on the date hereof,do hereby nominate,constitute,
and appoint Debbie Lindstrom its true slid lawful agent and Attorney-in-Fact, to make, execute,
sea]and deliver,for,and on its behalf as surety,and as its act and deed: any and rill bonds and undertakings,and the execution of such
bonds or undertakings in pursuance of these presents, shot] 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 ofthe ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., die 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 9,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 19th day of June,A,D.20M
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL.AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARVLAND
tll3 AI.�
By. Robert D.Murray
Vice President
tr 81sft
By: Dawn E.Brown l '� ,01
Secretary
State of Maryland
County of Baltimore
Oct this 19th clay of June. A.D.2019, before the subscriber,a Notary Public ofthc Stale of ivlaryrand,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Br❑wn,Seeretnry of the Companies,to me personalty known to be t}rc individuals and officers described in and who
executed the preceding instrument,and acknowledged the cxreution of same,and bcing by me duly swam,dep❑seth and saigt,flint lief5he is the said officer of
the Company aforesaid,and that the seats affixed in ilit preceding instrument are the Corpordte Scats of said Companies,and that the said Corporate Seats and
the signature as such officer were duly affixed and subscribed to the said instrument by slit nothorityand direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hernrato set my hand and affixed my Official Seal the day and year first above written.
IN
Constance A.Dunn,Notary Public
�c`�$ My Commission Expires-July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Ariiele V,Sec6uri 8,Attorn,:vs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Slice President
may, by written instrument under the attesled corporate seal. appoint attorneys-in-fact with authority to execute bonds, policies,
recognirnnccs, stipulalions, 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 tttay with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned. Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and The FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby Certify lilat 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 Dy-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 I Sth day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey.-Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
orally 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
0 th4tr6 manually affixed.
'�Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
t �_ aybf Jut 20?0
SCAL
on, itsg
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
wvvw.reportsfelaims@zurichtia.com
800-6264577