HomeMy WebLinkAbout000648 Original Contract e
City of Port Angeles
Record # 000648
SMALL WORKS ROSTER
❑ Request for Bid
Z Contract
Contract Title: 2013 -Tree Trimming Contract Number: LO-13-025 CL04-2013
Funding Nuinber: Ons-401-4.810 __-
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND ASPLLINDH TREE EXPERT COMPANY("CONTRACTOR").
1. WORK BY CONTRACTOR
The Contractor shall perform the work as described in Attachment"A"(Attachment"A"will include Contractor's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents)
which is attached hereto and by this reference is incorporated herein.
2.TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
Z All work under this Contract is to be completed by this date: Decem_bgr_31, 201.3
All work under this Contract is to be completed 30 days from the Notice to Proceed. No work is
to be performed prior to written Notice to Proceed by the City. (See attachment A for specific
schedule for work).
❑ The performance period under this Contract commences calendar days after notice to
proceed and ends xx days thereafter or after can ct war .
3. PAYMENT
A. The City shall pay the Contractor for the work performed under this contract(check one):
® Force Account-Time and material, not to exceed: $90,000
❑ Force Account-Time and actual expenses incurred, not to exceed: $
❑ Force Account- Unit prices set forth in the Contractor's bid or quote, not to exceed:
❑ Firm Fixed Price set forth in Contractor bid or quote in the amount of: $.__
The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment"A".
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 those indicated to be furnished by the
City of Port Angeles in Attachment A.
B.The Contractor shall maintain time and expense records, which may be requested by the City. The Contractor
shall submit invoices to the City for payment for work. performed. All invoices must reference the City's contract
number. Invoices shall be in a format acceptable to the City.
C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a
properly completed invoice.
nd nn1 Rev.91.10/2011
D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives
of the City for a period of three (3)years after final payment. Copies shall be made available to the City upon
request.
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Contractor shall correct or modify the required work to comply with the requirements of this
Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the
Contract Documents.
4. RESPONSIBILITY OF CONTRACTOR
A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall
comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor
shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and the public and shall post danger signs warning against
known or unusual hazards.
B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and/or
materials discovered within one year after acceptance of this work. When corrections of defects are made,
Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work
for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such
defects within seven (7) days of the City mailing notice of discovery and shall complete such work within a
reasonable time. In emergencies where damage may result from delay or when loss of service may result, such
corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the
Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and
the cost of same shall be paid by the Contractor.
C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of
materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and
supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made
against the City as a result of any defective work and the Contractor shall defend any such claims at its own
expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the
professional judgment of the Contractor to make appropriate selections.
D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or applicant
for employment or any other persons in the performance of this Contract because of race, creed, color, national
origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local
law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by Contractor setting forth
the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or
services required by the Contractor under this Contract, shall be considered employees of the Contractor only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Contractor's employees,'while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
S. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of
a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the
Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.
Contract No. LO-13-025 (CL04-201.3) Page 2 Rev. 8/30/2011
6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon
the occurrence of any one or more of the events hereafter specified.
1. The Contractor makes a general assignment for the benefit of its creditors.
2. A receiver is appointed as a result of the insolvency of the Contractor.
3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.
4. Contractor fails to make prompt payment to subcontractors for material or labor.
5. Contractor persistently disregards federal, state or local regulations and ordinances.
6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
7. The City determines that sufficient operating funds are not available to fund completion of the work
contracted for.
C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further
amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as
scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this
Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or
which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess
shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance,
Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and
interests of the City under the Contract, provided such legal costs shall be reasonable.
7. OWNERSHIP OF DOCUMENTS
A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract
shall become the property of the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by
the Contractor under this Contract will be kept confidential and shall not be made available to any individual or
organization by the Contractor without prior written approval of the City or by court order.
8. CLAIMS
Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract
must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in
no event later than the time of approval by the City for final payment. Contractor, upon making application for
final payment, shall be deemed to have waived its right to claim for any other damages for which application has
not been made, unless such claim for final payment includes notice of additional claim and fully describes such
claim.
9. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for
the City under this Contract and shall oversee and approve all work to be performed, coordinate communications,
and review and approve all invoices, under this Contract.
10. HOLD HARMLESS
A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity
that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In
Contract No. LO-13-025 (CL04-2013) Page 3 Rev. 8/30/2011
the event the City obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys'
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the
Contractor.
B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that
would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the
event the Contractor obtains any judgment or award, and/or incurs any cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
form the City.
11.. INSURANCE, BUNDS, &RETAINAGE
A. The Contractor shall maintain insurance as set forth in Attachment B.
B. If the total bid amount including tax exceeds $35,000,this project will be awarded as a small works roster
contract and payment and performance bonds and retainage will apply in accordance with Washington State law.
A retainage of 5% will then be applicable to this contract. The Contractor shall obtain payment and performance
bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security
Transmittal Form, Performance and Payment Bond forms, and Escrow Agreement for Retained Percentage form
are available from the Operations Office of Public Works & Utilities (Telephone 360-417-4541). Performance and
Payment Bonds and Retainage forms are provided in Attachment D. The party to whom the Contract is awarded
will be required to execute the Contract and obtain the Performance and Payment Bonds within ten (10) calendar
days from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the form provided by
the City, specify the name, contact phone, and address of the surety, and shall include a power of attorney
appointing the signatory of the bonds as the person authorized to execute them.
12. PREVAILING WAGE
This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to
prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws
and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE
PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE
as determined by the Industrial Statistician of the Department of Labor and Industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though
fully set forth herein.
Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement
of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries.
It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage". The
Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that
prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance
of services rendered, Contractor shall submit an "Affidavit of Wages Paid".
For a contract award or an on-call contract work order under $2,500, and in accordance with RCW 39.12.040(2),
the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages
&Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form
developed by the Washington State Department of Labor and Industries and available from the City of Port
Angeles Public Works and Utilities Department.
In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation
and such dispute cannot be adjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his
decision shall be final, conclusive, and binding on all parties involved in the dispute.
Contract No. LO-13-025 (CL04-2013) Page 4 Rev. 8/30/2011
13. INTERPRETATION AND VENUE
This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
14. BRANDS OR EQUAL
When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered,
provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal duality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
15. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Contractor's risk and expense.
16. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from
this Contract without the express prior written consent of the other.
17. INDEPENDENT CONTRACTOR
The Contractor is and shall be at all times during the term of this Contract an independent contractor and not
an employee of the City.
18. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
19. SUBCONTRACTOR RESPONSIBILITY
The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require
each of its subcontractors to include substantially the same language of this section in each of their subcontracts,
adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to
all subcontractors regardless of tier.
At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors
meets the following bidder responsibility criteria:
- At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 1.8.27
RCW;
- Have a current state unified business identifier number;
- If applicable, have:
1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in
Title 51 RCW;
2) An employment security department number as required in Tile 50 RCW; and
3) A state excise tax registration number as required in Tile 82 RCW;
4) An electrical contractor license, if required by Chapter 19.28 RCW;
5) An elevator contract license, if required by Chapter 70.87 RCW.
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
Contract No. LO-13025 (CL04-2013) Page 5 Rev. 8/30/2011
20. COMPENSATION AND METHOD OF PAYMENT.
A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as
incorporated in the Contract,
B. Payments for work provided hereunder shall be made following the performance of such work, unless
otherwise permitted by law and approved in writing by the City. No payment shall be made for any work
rendered by the Contractor except as identified and set forth in this Contract.
C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment
request form.
D, Payments for any alterations in or additions to the work provided under this Contract shall be in accordance
with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the
Contract. Following approval of the RFT and/or CCO, the Contractor shall submit the standard payment request
form(s). RFI and CCO forms are included in Attachment E.
E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of
which is included in Attachment E to this Contract. This form includes a lien waiver certification and shall be
notarized before submission. Applications for payment not signed or notarized shall be considered incomplete
and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a
satisfactorily completed payment request form and shall make payment to the Contractor within approximately
thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and
Acceptance located in Attachment E).
IN WITNESS WHEREOF, the parties have executed this Contract as of July 22 2013.
ASPLUNDH TREE EXPERT CO. CITY OF PORT ANGELES
sir
By: By:
Kevin Dove Printed Name:
Printed Name: e
J
Title: Manager Title: ACJ '✓IC 1MA!n _
Address: 7524 NE 175th Street
City: Kenmore, WA 98028
Tax ID #: 23-1277550
Phone Number: 425-483-9339 Purchase Order #: (D _
Contract No. LO-13-025 (CL04-2013) Page 6 Rev. 8/30/201
City of Port Angeles ATTACHMENT "A"
Engineering Office
Public Works and Utilities Department WORK BY CONTRACTOR
360-417-4541
The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project
described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for
obtaining and paying for any and all permits required for this work.
Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this
invitation, shall not be discriminated against on the grounds of gender, race, color, age, national origin or
handicap in consideration of an award of any contractor or subcontractor, and shall be actively for participation in
this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such
notification.
General Scope; Trim and remove trees at various locations around Port Angeles to provide clearance to
overhead power lines. The Site Point of Contact below will determine the locations.
Location: Port Angeles, Washington
Site Point of Contact:Terry Dahlquist, Electrical Engineering Manager at 360-417-4702.
Work Flours and Schedule: The Contractor will be allowed to work from 8:00 AM to 5:00 PM, Monday through
Friday, excluding weekends and all legal holidays. Work outside of these hours may be requested from and is at
the discretion of the Project Manager. Ten hour days will not be permitted after September 1.
Tentative Start Date: The work may begin in July and shall be completed by the end of December, 2013.
Certification(s): Bidders must be certified to work near energized 12,470 volt overhead power distribution lines.
Work Requirements:
1.0 Special Requirements
1.1 Only Journeyman trimmers shall be used; no apprentices.
1.2 Chippers used shall be"self-loading."
1.3 Project to be bid using the crew and equipment described on the bid form. City reserves the right to request
climbers and additional crew and/or equipment for up to four weeks for tree removal or special conditions at
Contractor's standard billing rates.
2.0 Washington Administrative Code(WAC)
Comply with the following requirements of the WAC:
1.WAC 298-45-455
Line-clearance tree-trimming operations.
This section provides additional requirements for line-clearance tree-trimming operations and for equipment used in these
operations.
This section does not apply to qualified employees.
(1)Before an employee climbs,enters, or works around any tree, a determination shall be made of the nominal voltage of
electric power lines posing a hazard to employees.However,a determination of the maximum nominal voltage to which an
employee will be exposed may be made instead,if all lines are considered as energized at this maximum voltage.
Contract No. LO-13-025 (CL04-2013) Page 7 Rev. 8/30/2011
(2)There shall be a second line-clearance tree trimmer within normal(that is,unassisted)voice communication under any of
the following conditions:
(a) If a line-clearance tree trimmer is to approach more closely than 10 feet(305 cm)any conductor or electrical
apparatus energized at more than 600 volts;or
(b)If branches or limbs being removed are closer to lines energized at more than 600 volts than the distances listed
in Table 1,Table 4,and Table 5; or
(c)If roping is necessary to remove branches or limbs from such conductors or apparatus.
(3)Line-clearance tree trimmers shall maintain the minimum approach distances from energized conductors given in Table 1,
Table 4,and Table 5.
(4)Branches that are contacting exposed energized conductors or equipment or that are within the distances specified in
Table 1,Table 4,and Table 5 may be removed only through the use of insulating equipment.
Note: A tool constructed of a material that the employer can demonstrate has insulating qualities meeting WAC 296-
45-305(1) are considered as insulated under this section if the tool is clean and dry.
(5)Ladders,platforms,and aerial devices may not be brought closer to an energized part than the distances listed in Table 1,
Table 4,and Table 5.
(6)Line-clearance tree-trimming work may not be performed when adverse weather conditions make the work hazardous in
spite of the work practices required by this section.Each employee performing line-clearance tree-trimming work in the
aftermath of a storm or under similar emergency conditions shall be trained in the special hazards related to this type of work.
Note: Thunderstorms in the immediate vicinity,high winds,snow storms,and ice storms are examples of adverse
weather conditions that are presumed to make line-clearance tree-trimming work too hazardous to perform
safely.
(7)A tree trimmer may climb out of a basket into a tree or from a tree back into the basket so long as he is properly tied into
the tree during the entire maneuver and the employer can demonstrate that this is the safest way to perform the work.
[Statutory Authority:RCW 49.17.040.99-09-080,§296-45-455,filed 4120199,effective 811199.Statutory Authority:RCW 49.17.010,[49.17].040,
[49.17].050 and[49.17].060.98-07-009,§296-45-455,filed 316!98,effective 516198.]
2.WAC 296-45-45505
Brush chippers.
(1)Brush chippers shall be equipped with a locking device in the ignition system.
(2)Access panels for maintenance and adjustment of the chipper blades and associated drive train shall be in place and secure
during operation of the equipment.
(3)Brush chippers not equipped with a mechanical infeed system shall be equipped with an infeed hopper of length sufficient
to prevent employees from contacting the blades or knives of the machine during operation.
(4)Trailer chippers detached from trucks shall be chocked or otherwise secured.
(5)Each employee in the immediate area of an operating chipper feed table shall wear personal protective equipment as
required by Subpart I of this Part.
[Statutory Authority:RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98-07-009,§296-45-45505,filed 316198,effective 516198.1
3.WAC 296-45-45510
Sprayers and related equipment.
(1)Walking and working surfaces of sprayers and related equipment shall be covered with slip-resistant material.
Contract No. LO-13-025 (CL04-2013) Page 8 Rev. 8/30/201 i
If slipping hazards cannot be eliminated,slip-resistant footwear or handrails and stair rails meeting the requirements of
chapter 296-24 WAC,Part J-1, and WAC 296-800-260 may be used instead of slip-resistant material.
(2)Equipment on which employees stand to spray while the vehicle is in motion shall be equipped with guardrails around the
working area. The guardrail shall be constructed in accordance with chapter 296-24 WAC,Part J-1 and WAC 296-800-260.
[Statutory Authority:RCW 49.17.010,149.17].040,and[49.17].050.01-11-038,§296-45-45510,filed 519101,effective 911101.Statutory
Authority:RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98.07-009,§296-45-45510,filed 316198,effective 516198.1
4. WAC 296-45-45515
Stump cutters.
(1) Stump cutters shall be equipped with enclosures or guards to protect employees.
(2)Each employee in the immediate area of stump grinding operations(including the stump cutter operator)shall wear
personal protective equipment as required by WAC 296-45-25505.
[Statutory Authority: RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98-07-009,§296-45-45515,filed 316198,effective 516198.]
5.WAC 296-45-45520
Backpack power units for use in pruning and clearing.
(1)While a backpack power unit is running,no one other than the operator may be within 10 feet(305 cm)of the cutting
head of a brush saw.
(2)A backpack power unit shall be equipped with a quick shutoff switch readily accessible to the operator.
(3)Backpack power unit engines shall be stopped for all cleaning,refueling,adjustments,and repairs to the saw or motor,
except as the manufacturer's servicing procedures require otherwise,
[Statutory Authority:RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98-07-009,§296-45-45520,filed 316198,effective 516198.)
& EXTRAS
(1) Stump cutters shall be equipped with enclosures or guards to protect employees.
(2)Each employee in the immediate area of stump grinding operations(including the stump cutter operator)shall wear
personal protective equipment as required by WAC 296-45-25505.
[Statutory Authority:RCW 49.17.010,[49.17].040, [49.17].050 and[49.17].060.98-07-009,§296-45-45515,filed 316198,effective 516/98.]
7.WAC 296-45-45525
Rope.
(1)Climbing ropes shall be used by employees working aloft in trees.These ropes shall have a minimum diameter of 0.5 inch
(1,2 cm)with a minimum breaking strength of 2300 pounds (10.2 kN. Synthetic rope shall have elasticity of not more than 7
percent,
(2)Rope shall be inspected before each use and,if unsafe(for example,because of damage or defect),may not be used.
(3)Rope shall be stored away from cutting edges and sharp tools.Rope contact with corrosive chemicals,gas,and oil shall be
avoided.
(4)When stored,rope shall be coiled and piled,or shall be suspended, so that air can circulate through the coils.
(5)Rope ends shall be secured to prevent their unraveling.
Contract No. LO-13-025 (CL04-2013) Page 9 Rev. 8/30/2011
(6)Climbing rape may not be spliced to effect repair.
(7)A rope that is wet,that is contaminated to the extent that its insulating capacity is impaired, or that is otherwise not
considered to be insulated for the voltage involved may not be used near exposed energized lines.
[Statutory Authority:RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98-07-009,§296-45-45525,filed 316198,effective 5/6198.]
8.WAC 296-45-45530
Fall protection.
Each employee shall be tied in with a climbing rope and safety saddle when the employee is working above the ground in a
tree,unless he or she is ascending into the tree.
[Statutory Authority:RCW 49.17.010,[49.17].040,[49.17].050 and[49.77].060.98-07-009,§296-45-45530,filed 316198,effective 516198.]
9.WAC 296-45-45530
Fall protection.
Each employee shall be tied in with a climbing rope and safety saddle when the employee is working above the
ground in a tree,unless he or she is ascending into the tree.
[Statutory Authority:RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98-07-009,§296-45-45530,filed 3/6198,effective 516198.]
'fable 1: AC Live Work Minimum Approach Distance
Distance to employee
Voltage in kilovolts
Phase to phase* Phase to ground Phase to Phase
(m) (ft-in) (m) (ft-in)
0 to 0.050 not specified not specified
0.051 to 0.300 avoid contact avoid contact
0.301 to 0.750 0.31 1-0 0.31 1-0
0.751 to 15 0.65 2-2 0.67 2-3
15.1 to 36.0 0.77 2-7 0.86 2-10
36.1 to 46.0 0.84 2-9 0.96 3-2
46.1 to 72.5 1.00** 3-3** 1.20 3-11
72.6 to 121 0.95** 3-2** 1.29 4-3
138 to 145 1.09 3-7 1.50 4-11
161 to 169 1.22 4-0 1.71 5-8
230 to 242 1.59 5-3 2.27 7-6
345 to 362 2.59 8-6 3.80 12-6
500 to 550 3.42 11-3 5.50 18-1
765 to 800 4.53 14-11 7.91 26-0
*For single-phase systems,use the highest voltage available.
For single-phase lines off three phase systems,use the phase-to-phase voltage of the system.
**The 46.1 to 72.5 kV phase-to-ground 3-3 distance contains a 1-3 electrical component and a 2-0 inadvertent movement
component while the 72.6 to 121 IN phase-to-ground 3-2 distance contains a 2-2 electrical component and a 1-0 inadvertent
movement component.
Contract No. LO-13025 (CL04-2013) Page 10 Rev. 813012011
Each employee shall be tied in with a climbing rope and safety saddle when the employee is working above the ground in a
tree,unless he or she is ascending into the tree.
[Statutory Authority: RCW 49.17.010,[49.17].040,[49.17].050 and[49.17].060.98-07-009,§296-45-45530,filed 316198,effective 516198.]
TABLE 5
Altitude Correction Factor
Altitude
(m) {ft) Correction factor
900 3000 1.00
1200 4000 1.02
1500 5000 1.05
1800 6000 1.08
2100 7000 1.11
2400 8000 1.14
2700 9000 1.17
3000 10,000 1.20
3600 12,000 1.25
4200 14,000 1.30
4800 16,000 1.35
5400 18,000 1.39
6000 20,000 1.44
Note: If the work is performed at elevations greater than 3000 ft(900 m)above mean sea level,the minimum approach
distance shall be determined by multiplying the distances in Table 1 through Table 4 by the correction factor corresponding
to the altitude at which work is performed.
Contract No. LO-13-025 (CL04-2013) Page 11 Rev. 8/30/2011
BEFORE: SEDE Tl '
I
i
r
w_
TREE TSG
ENGINEERING SPECIFICATION
CITY OF :FORT ANGELES
PUBLIC WORKS AND UTILITIES
IA
Contract No. LO-13-025 (CL04-2013) Page 12 Rev. 8/30/2011
AFTER:: IDE TRDDMNG
PREVLA R
10 FT
10 FT --
TREE TRIND4I'TG
ENGINEERING SPECIFICATION
CITY OF PORT ANGELES
PUBLIC WORKS ANIS UTILITIES
1B
Contract No. L4-13-025 (CL04-2013) Page 13 Rev.8/30/2011
BEFORE: OVERHANG TRDD/BN
PREMARY
TREE TFMIMEENG
ENGINEERING SPECIFICATION
ITS OF PORT ANGELES
PUBLIC WORKS AND UTILITIE
2A<
Contract No. LQ-13-025 (CL04-2013) Page 14 Rev. 8/30/201 t
AFTER: OVERHEAD
TRDDONG
PPJAL R
Ni
TREE TITNG
ENGINEERING SPECIFICATION
CITY OF FORT ANGELES
MLIC WORDS ANIS IUTILTIE
I 2B
Contract No. LO-13-025 (CL04-2013) Page 15 Rev. 8/30/2011
BEFORE: TOP REM ALrLATERAL TREVEMING
PR] ARY
h
q
TREE TREVEMING
ENGINEERING SPECIFICATION
CITY OF PORT ANGELES
PUBLIC WORDS ANIS UTILITIES
A
Contract No. LO-13025 (CL04-2013) Page 16 Rev. S/30/2011
AFTER: TOP REM LATER L TA T
i
-per
� A Y
10 FT AROUND TRAN FORDJ ER
TREE TRIG
ENGINEERING SPECIFICATION
CITY OF PORT ANGELES
PUBLIC WORDS ANIS UTILITIES
3B
Contract No. LO-13-025 (CL04-2013) Page 17 Rev. 8/30/2011
AFTER: TOP LATER TRIMMING - SIDE VIEW
NOTE: 10 FEET FROM NEUTRAL
CONDUCTOR IF POSSIBLE
10 FT
TREE TRDDATG
ENGINEERING SPECIFICATION
CITE' OF PORT ANGELES
PUBLIC WORKS ANIS UTIL TIE
4
Contract No. LO-13-025 (CL04-2013) Page 18 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "B"
Engineering Office
Public Works and Utilities Department INSURANCE
360-417-4700
INSURANCE &INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Includes construction and remodeling,janitorial service, tree maintenance, road maintenance, painting, electrical
work, plumbing, movers, and on site maintenance agreements.
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,
the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver
of immunity under Industrial Insurance Title 51 RCW' solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, their agents, representatives, employees or subcontractors.
No Limitation
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed
to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors, products-completed operations, stop
gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
Contract No. LO-13-025 (CL04-2013) Page 19 Rev.8/302011
3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits;
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of$1,000,000 per accident.
2. Commercial General Liabilit insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate
limit.
Other Insurance Provision
The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including
but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the
Contractor before commencement of the work.
F. Subcontractors
The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to
be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent
business practices.
G. Notice of Cancellation
The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy
cancellation, within two business days of their receipt of such notice.
W. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
Contract No. LO-13-025 (CL04-2013) Page 20 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "C"
Engineering Office PREVAILING WAGE RATES
Public Works and Utilities Department
360-417-4700
Prevailing Wage Rates Information Below:
1, Washington State Prevailing Wage Rates For Public Works Contracts --Journey Level and Apprentices,
Clallam County, effective 7/09/2013.
2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries
website link: http,llwww.lni.wa.gov/TradesLicensinci/PrevWacie/WageRatesldefauit.asp
3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360-417-4541 or
by email, lhanley@cilyofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port
Angeles, WA. 98363.
Contract No. LO-13-025 (CL04-2013) Page 21 Rev,8/30/20tI
City of Port Angoies ATTACHMENT '"W"
Engineering Office
Public Works and Utilities Department PERFORMANCE��® PAYMENT ���®�
360.417-4700
RETAINAGE
PERFORMANCE BOND
to City of Port Angeles,WA
Bond No. 105964582
The City of Port Angeles,Washington, City has awarded to Asplundh Tree Expert Co. (Principal),a contract for the
construction of the project designated as 2013 Tree Trimming Project No.LO-13-025(CL04-201.3)in Port Angeles,
Washington,and said Principal is required to furnish a bond for performance of all obligations under the Contract.
Travelers Casualty and Surety Company
The Principal,and of America (Surety), a corporation, organized under the laws of the State of Connecticut and
licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies
Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S,
Treasury Dept., are jointly and severally held and firmly bound to the City in the sum ofNinety ThousandUS Dollars
($90,000.00 )Total Contract Amount,subject to the provisions herein.
This statutory performance bond shall become null and void, if and when the Principal,its heirs,executors,
administrators,successors,or assigns shall well and faithfully perforin all of the Principal's obligations under the
Contract and fulfill all the terms and conditions of all duly authorized modifications,additions, and changes to said
Contract that may hereafter be made,at the time and in the manner therein specified; and if such performance
obligations have not been fulfilled, this bond shall remain in full force and effect.
The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the
Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any
way affect its obligation on this bond, and waives notice of any change,extension of time,alteration or addition to the
tennis of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and
conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the
obligation of the Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two(2) original counterparts,and shall be signed by the parties'duly authorized officers,
This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the offleer
executing on behalf of the surety.
PRINCIPAL Asplundh Tree Ex ert Co. SURETY Travelers Casualty and Spxet�parry of America
Principal Signature Date retY 'ignat Date
Dennis A. Stapola_ __ _ _ Wayne G.McVaugh _
Printed Name Printed Nante
Asst.Secr•etary(lns./Bonds) Attorrte -in-Fact
Title Title
Name,address,and telephone of local office/agent of Surety Company is:
Aon Risk Services Central,Inc.
1650 Market Street,10th Floor _
Philadelphia,PA 19103
215-255-1978
Approved as to form:
City,Attorney,City of Port Angeles bate
Contract No. LO-13-025 (CL04-2013) Page 22 Rev.873072011
PAYMENT BOND
to City of Part Angeles,WA
Bond No. 105964582
The City of Port Angeles,Washington, City,has awarded to Asplundh Tree E2ert Co.(Principal),a contract for the
construction of the project designated as 2013 Tree Trimming Project No.L®-13-025(CL04-2013) in Port Angeles,
Washington, and said Principal is required under the terms of that Contract to furnish a payment bond in accord with
Title 39.08 Revised Code of Washington(RCW)and(where applicable) 60.28 RCW.
Travelers Casualty and Surety Company
The Principal,and of America (Surety),a corporation, organized under the laws of the State of Connecticut and
licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies
Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.
Treasury Dept.,are jointly and severally held and firmly bound to the City of Port Aiageles in the sum
of Ninety Thousand US Dollars ($90,000.00 )Total Contract Amount,subject to the provisions herein.
This statutory payment bond shall become null and void,if and when the Principal, its heirs,executors, administrators,
successors,or assigns shall pay all persons in accordance with Titles 60.28,39.08,and 39.12 RCW including all
workers, laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or
subcontractor with provisions and supplies for the carrying on of such work,and all taxes incurred on said Contract
under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment
obligations have not been fulfilled,this bond shall remain in force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the
Contract,the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any
way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the
teras of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and
conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the
Obligation of the Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two (2)original counterparts,and shall be signed by the parties'duly authorized officers.
This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer
executing on behalf of the surety.
PRINCIPAL Asplundh Tree tport Co, SURETY Travelers Casualty and Surety Company of Arnerica
7-231.3
Principal Signature UDow "'u�ry Sigcmture F Date
Dennis A. St:apola Wayne G.McVaugh
Printed Name Printed Name
Asst:.Seeret:ary(Tns�Bonds) Attorney-in-Fact
Title T Title
Name,address,and telephone of local office/agent of Surety Company is:
Aon Risk Services Central,Inc,
1650 Market Street, 10th Floor
Philadelphia,PA 19103
215-255-1978
Approved as to form:
[City or County],Attorney, [City of_or County] Date
Contract No. LO-13-025 (CL04-2013) Page 23 Rev.8/3012011
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AOW POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 226632 Certificate No. ®®5 Ir 3 6 4 0 3
KNOW ALL MEN BY THESE ?]RESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance
Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duIy organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Douglas R,Wheeler,Maureen McNeill,Wayne G.McVaugh,Elizabeth Marrero,Jaquanda S.Long,and Marina Tapia
of the City of Philadelphia State of _ Pennsylvania
... .._- ,their true and lawful Attorneys)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and aclmowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertaldngs required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be sighed and their corporate seals to be hereto affixed,this 13th
day of May 2013
Farmington Casualty Company St.Patti Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.]PaW Fire and Marine Insurance Compauy United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
coo
Yneon6�� qQm �1NCt111 �°�9�r �(IRAFEl1� � 18XAL� r� 'i �"^Nmux, £G ,ac.,�,�,� c.' ,n,x.�"'9 � • �d ,
b_ a.•-., ,. a � e mss✓
a n` ,,fSN pN �•..�..M� 41 a 'ND RISE
State of Connecticut By:
City of Hartford ss, Robert L.Raney, enior Vice President
Can this the 13th day of May 2013 before me personally appeared Robert L.Raney,who aelmowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Gnaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St,Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a drily authorized officer.
In Witness Whereef,I hereunto set my hand and official seal. UP �t11�� 0,
My Commission expires the 30th day of Jun '°lle,2016. � h x ly Marie C.Teteeault,Notary Public
Rn
58440-5-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WfTHOl1TTHE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St,Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows,
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaldng,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FL7RT=R RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers;President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
1,ISevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St,Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked,
S
L1 TESTIMONY FIIEIB E� ,I have hereunto set my hand and affixed the seals of said this day of s� 20 .
Devin E.Hughes,Assistant Sec tary
�asuq TYdyS RF�a, ly . nuuw
PITY A/y° � Y
e' aPo O.••�......,.9 �4...,....Aq s° s p�° 6•!1• 4\gC11S M'0
'� _1198 o �g� tlltATr� r m 5 b <ln 'm:ca e_TE:,n3 m, J
call, t p°pp HftPs3FtlFlA a �
. � �PANNy7 N � 88p6
iiia 19eeoe.�� �n'rvm.� f h� � "'�j54•
To verify the authenticity of this Power of Attorney,call 1-800-421-38$0 or contact tis at www.travelersbond.com,Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
x
WAFINING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER
��.rrae.�.v�sm1=, asu.,errisur :a.'
TRAVELERSCASUALTYA€DSURETY COMPANY OFAMERICA
HARTFORD,CONNECTICUT 06763
FINANCIAL STATEMENTAS OF JUNE$0,2012
CANTA.STOCKS 6,430,o00
ASSETS LIABILITIES&SURPLUS
GASH AND INVESTED CASH $x,614,963 UN A1tNE0 PREmjUf4a y 785,711,3&5
BONDS 3,754,152,718 LOSSES 844,556,&64
INVESTMENT INCOME DURAND ACCRUED 50,520,555 REINSURANCE PAYABLE ON PAID€,OSSES&LOSS ADJ.EXPENSES 2,379,710
OTHER INVESTED ASSETS 243,572,491 LOSS ADJUSTMENT EXPENSES 559,854,397
PREMIUM BALANCES 199,38E3,384 COMMIS&ONS 21.976,786
NET DEFERREG TAX ASSET 07,279,674 TAXE9�LICENSES4ANDFEES 61,327,851
REINSURANCE RECOVERABLE 13,806,824 OTHER EXPENSES 22,953597
SECURITMS LENDING REINVESTED COLLATERAL ASSETS 8,70.5,073 FUNDS HELD UNDER€2EINSURANCETREATIES 2
REGEVABLESFOR SECURITIES 4,077,725 CURRENT FEDERAL AND FOREIGNyg Q7INCOMETAXES 95,072,941g46
ED Et?
UNDISTRIBUTED PAYMENTS 4,331,261 REMITTANCES AND€TE=NIS NOTALLOCAT6,839,76(#
On-l;ERASSETS 478,987 AMOUNTS WCt7-HELD/RETAINED$YCOMPANYFOR OTHERS 27,914,735
RETROACTIVE REIN 5U2ANCE RESERVE ASSUMED 3,129,799
POLICYHOLDER D3VIDENDS 6.767,368
PROV€SION FOR REINSURANCE 6,397,371
PAYABLE TO PARRKyr,SUBSIDIARIES AND AFFtLtATES 45,SS5,750
PAYA81LE FAR SECURITIES $,225,144
PAYABLE FOR SECURITIES LENDING 5,705,478
CEDF0 REINSURANCE NET PREMIUMS PAYABLE (4044,460)ESCHEAT LIABILITY 524,444
OTHER ACCRUED EXPENSES AND LIASMITCES 725 065
TOTAL LIABILITIES
CAPITAL STOCK 0480 E>a0
PAW IN SURPLUS 433,8o3,78I]
OTHER SURPLUS _1-390749_001
TOTAL SURPLUS—10 POLICYHOLUERS S i 831,033561
TOTigLASSETS _ 4,407.9084&2 TOTAL LJA13IUTlES&SURPLUS S 4.407,908452
STATEOFCONNECTICUT }
OOUNW OF t€ARTFORD
CITY OF HARTFORD ?
ERCHAELJ.DOODY,BENS ESI.ILYSWORN,SAYS THAT HEISSECONW&CEPRESIDENT.i)F TRAVELERSCASUALTYANDeURETVCORilAt4YOFAMEERICA,
ANDTHAT HAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF,THI~FOREGONG IS A TRUE AND CORRECT STATEMEtfr OF THE FINANCIAL CONDITION 4F SAID
COMPANYAS OF THE 34TH DAY OF JUNE,2072.
SECOND VICE PRESIDENT E
SUBSCRIBE LI AND SWORN TO BEFORE METHIS NlT T ARYPUBLIC �
20TH DAY OF AUGUST.2072
$T1SE11�M.�YE1SS�.�D.�R
�SrFIiC,�If�tIC
5y��,�[i��Ed)!!Fd f ��P�.`01Fi711155[DI9,�;�37F£S I�EOE'2FfI�1EY 3f�,?fJ,��
f
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City of Port Angeles /ATTACHMENT "E"
Engineering Office
Public Works and Utilities Department FORMS
360-417-4700
REQUEST FOR INFORMATION (RFI) FORM
PROJECT NAME:
PROJECT/CONTRACT NUMBER:
ORIGINATOR: ❑ Owner ❑ Contractor
ITEM:
REFERENCE DRAWING OR SPECIFICATION:
DESCRIPTION OF CLARIFICATION/REQUEST:
DATE REPLY REQUESTED: CRITICAL TO SCHEDULE: ❑ YES ❑ NO
ORIGINATOR SIGNATURE: DATE:
COMMENTS:
RFI Number:
Contract No. LO-13-025 (CL04-2013) Page 24 Rev. 8/30/2011
Pi CONTRACT CHANGE ORDER (CCO) NO.
Project Name Date
Contractor Project No.
DESCRIPTION OF WORK
You are ordered to perform the following described work upon receipt of an approved copy of this Change Order:
I. Describe work here
2. Additional work, etc....
Such work will be compensated by:check one or more of the following as applicable [ ] Increase or[ ]Decrease in bid
items; [ ]Force Account; [ ]Negotiated Price: The described work affects the existing contract items and/or adds and/or
deletes bid items as follows:
Item Description RFI# Qty. Unit $Cost Per Unit $Cost Net$Cost Adj,Days
No.
1 Orig.
Rev.
2 Ori
FRev.
ORIGINAL CURRENT EST.NET CHANGE TOTAL CRANGE ORDERS, EST.CONTRACT AFTER
CONTRACT CONTRACT THIS CHANGE ORDER INCLUDING THIS ONE THIS CHANGE ORDER
DAYS:XX DAYS:YY DAYS: ZZ DAYS:XX+ZZ YY DAYS: YY+ZZ
s Amount with applicable sales tax included
All work,materials and measurements to be in accordance with the provisions of the original contract and/or the standard specifications and special
provisions for the type of construction involved. The payments and/or additional time specified and agreed to in this order include every claim by the
Contractor for any extra payment or extension of time with respect to the work described herein,including delays to the overall project.
.� 6a z;.��'=�a fin '"A- p3 . p -"' .s €y$n. c .t: .,r aR S a3'a. ^.Fmt`n 4y .a „ t'ibr}:`a�'7h r � ���; ,� a'' a,.:f
s- �$:a3.,,., J`+t. ; `e; -. -- �a s..:, F , sti cs a-.-.�: q�M.a.rr: M tt^-
- .:;aAPPRQyEDBY sf _:, P'„ SiGTAT f /]ATI,_
PROJECT ENGINEER
CITY ENGINEER
CONTRACTOR
PUBLIC WORKS&UTILITIES DIRECTOR
CITY MANAGER
CITY COUNCIL,APPROVAL DATE:
Contract No. LO-13-025 (CL04-2013) Page 25 Rev. 8/30/2011
CONTRACTOR'S APPLICATION FOR PAYMENT
PROJECT 2013-- Tree Trimming PROJECT NO. LO-13-025 (CL04-2013)
Page 1 of 2
TO: City of Port Angeles DATE:
Public Works&Utilities Department
P.O.Box 1150
Port Angeles,WA 98362
FROM: PAYMENT REQUEST NO.
PERIOD From: to [end of period]:
STATEMENT OF CONTRACT ACCOUNT
1 Original Contract Amount(Excluding Sales Tax) $
2 Total Value of Approved Change Order No(s). (Excluding Sales Tax) $
3 Adjusted Contract Amount[1+2] $
4 Value of Work Completed to Date (per attached breakdown) $
5 Material Stored on Site(per attached breakdown and material receipts) $
6 Subtotal [4+5] $
7 8.4%Sales Tax(at 8.4%of Subtotal),As Applicable $
8 Less Amount Retained(at 5%of subtotal) $
9 Subtotal[6+7-8] $
10 Total Previously Paid $
11 AMOUNT DUE THIS REQUEST[9-10] $
WAIVER OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and
releases, up through the date hereof, any and all claims for costs or item extensions arising out of or
relating to extra or changed work or delays or acceleration not specifically identified and reserved in the
amounts identified below or previously acknowledged in writing by the City of Port Angeles.
CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the
materials supplied through the ending period date noted above represent the actual value of
accomplishment under the terms of the contract (and all authorized changes) between the Applicant and
the City of Port Angeles, relating to the above referenced project, and that the remaining contract
balance is sufficient to cover all costs of completing the work in accordance with the contract
documents.
Continued on Page 2
Contract No. LO-13025 (CL04-2013) Page 26 Rev. 8/30/2011
CONTRACTOR'S APPLICATION FOR PAYMENT
Page 2 of 2
I also certify that all lower-tier payments, less applicable retention,have been made by the Applicant for the
periods covered by previous payment(s)received by the Applicant to(1) all lower-tier subcontractors/suppliers,
and(2) for all materials, equipment and labor used or in connection with the performance of this contract. I
further certify that I have complied with all federal, state and local tax laws, including Social Security laws and
Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance
of this work, and have paid all such taxes,premiums and/or assessments arising out of the performance of the
work.
I further certify that, to the best of my knowledge, information and belief, all work for which previous payment(s)
have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the
Contractor, subcontractors,material suppliers,or other persons or entities making a claim by reason of having
provided labor,materials and equipment relating to the work.
Within seven(7) days of receipt of the payment requested herein, all payments, less applicable retention,will be
made through the period covered by this pay request to all my lower-tier subcontractors/suppliers and for all
materials, equipment, labor,taxes and assessments arising out of the performance of all said lower-tire work.
DATED:
CONTRACTOR:
SIGNATURE:
PRINTED NAME AND TITLE:
SUBSCRIBED AND SWORN to before me this day of , 20
Notary Public in and for the State of ,
residing at
My appointment expires
APPROVAL:
Project Manager
Date
City Engineer
Date
Contract No. LO-13-025 (CL04-2013) Page 27 Rev.8/30/2011
pORraN��
CERTIFICATION OF
WORK COMPLETION AND ACCEPTANCE
PROJECT:
PROJECT NO.:
All work on the above referenced project has been completed in accordance with the contract documents and the
final inspection and the warranty provision included therein or relating thereto.
The final estimate in the amount of$ , including any applicable taxes, has been reviewed and
is in agreement with our records. I further certify that the final estimate amount shown above is a true and
correct statement showing all the monies due me from the City of Port Angeles for work performed and material
furnished under this contract. City Council acceptance and final payment, including retained percentages, is
hereby respectfully requested.
, Contractor, hereby releases the City of Port Angeles, Washington, from any
and all liens arising out of this Contract or is, herewith, providing a bond covering all unpaid obligations for work,
materials, equipment or any other liens outstanding on this Contract.
CONTRACTOR:
ADDRESS:
AUTHORIZED OFFICIAL: DATE:
Contract No. LO-13-025 (CL04-2013) Page 28 Rev.8/30/2031
City of Port Angeles ATTACHMENT "F"
Engineering Office
Public Works and Utilities Department CONTRACTOR BID RECEIVED
360-417-4700
ASPLUNDH TREE EXPRERT CO. — BID RECEIVED
Contract No. LO-13-025 (CL04-2013) Page 29 Rev. 8/30/2011
�ASPLUNDH[
ASDL UNDH TREE EXPERT CO.
7524 NE 775TH 5TREET,KENMORE,WA 98028 • OFFICE:425-483.9339 s FAX:425.806-9750
August 13, 2012
City of Fort Angeles
Attn: Terry Dahlquist
321 East 5t' Street
Port Angeles, WA 98362-0217
Project: 2013 — `free Trimming
Contract Number: CL04-2013
Due: Tuesday, July 9, 2013 °@ 2:04 PM
Dear lir. Dahlquist,
In accordance with your request and specifications, we are pleased to submit our price for
the 2013 —Tree Trimming, Contract Number—CL04-2013.
Asplundh offers the experience of 85 years in the line clearance industry. We strive to
create sound working relationships with our customer and the public. Asplundh can offer
a storm emergency response program to effectively help put your system back in order if
that need would ever arise. It is our goal to hells apply the best distribution line clearance
program possible for your system by having the most professional personnel on all levels,
and by using the innovative ideas and equipment that have helped put Asplundh at the top
of the lige clearance industry,
Should Asplundh be awarded this contract, we do ask that the following changes be
jade:
• Ex B, Indemnity, T,I —Delete"sole' on line 3 to snatch §12
• Ex B, Indemnity, Tj2—Delete"Should a court ... RCW 4.24.115, then," on luxe 1
to match §12
We appreciate the opportunity to submit our proposal and hope we may be of service to
you.. If you have questions concerning our proposal or require additional information,
please contact us at your convenience,
Sincerely,
ar.,
Kevin Dove
Manager
BID FORM
Project Title: 2013 Tree Trimming Contract Number: CL04-2013
Funding Number: Ops-401-4810
BIDDER: Asplundh Tree Expert Co.
The undersigned,hereinafter called the bidder, declares that the only person(s)interested in this bid are those
named herein;that the bid is in all respects fair and without fraud; and that it is made without any connection or
collusion with any other person making a bid on this project.
The bidder further declares that it has carefully examined the plan, specifications, and contract documents,
hereinafter referred to as the Project Manual,for the construction of the proposed project improvement(s);that it
has personally inspected the site(s);that it has satisfied itself as to the types and quantities of materials,the types
of equipment,the conditions of the work involved, including the fact that the description of and the quantities of
work and materials,the types of equipment, the conditions of and the work involved as included herein, are brief
and are intended only to indicate the general nature of the work and to identify the said quantities with the
corresponding requirements of the Project Manual; and that this bid is made in accordance with the provisions and
the terms of the Contract included in the Project Manual.
The bidder further agrees that it has exercised its own judgment regarding the interpretation of surface
information and has utilized all data which it believes is pertinent from the City Engineer,hereinafter also referred
to as the City or Owner, and such other source of information as it determined necessary in arriving at its
conclusion.
If the bidder is awarded a construction contract on this bid,the name and address of the surety who will provide
the performance bond is:
Travelers Casualty and Surety Company of America Aon Risk Services Central, Inc.
Surety Agent
One Tower Square,Hartford,CT 06183 1650 Market Street,Philadelphia,PA 19103
Surety address Agent Address
Anthony Destra 215-274-4650 Richard A.Jacobus 215-255-2000
Surety Contact and Phone Number Agent Contact and Phone Number
Contract No. CL04-2013
Page 3 Rev 05/30/2013
BID FORM
Project Title: 2013 -Tree Trimming Contract Number: CL04-2013
Funding Number: Ops-401-4810
The bidder hereby bids the following amounts for all work (including labor, equipment, time
and materials) required to perform the work in the Statement of Work and this package.
1. Mobilization of crew and equipment to and from Port Angeles:
Mobilization Cost $ 0
2. Tree Trimming Crew and Equipment shall be bid as follows:
Crew Size: Tree Trimming Foreman, Journeyman Tree Trimmer, and Flagger
Basic Eguipment: 60-70' Manlift Truck
Chipper Truck
Self-Loading Chipper
Misc. Power saws, hand tools etc. included with Lift Truck
Total hourly price for crew and equipment $ 205.15
3. Start date (ARO) July 29, 2013 . The Contractor shall work continuously on this
project, other than weekends and holidays, until the work is completed.
4. The Contractor acknowledges that a Contractor's License is required and warrants that he
possesses Contractor's license for the State of Washington, in which the project is located.
5. The Contractor agrees that he has exercised his own judgment regarding the interpretation of
surface information, and has utilized all data which he believes is pertinent from the City Electrical
Engineering Manager, hereinafter also referred to as the City, and such other source information as
the Contractor has determined necessary in arriving at his conclusion.
6. Any alterations or exceptions: NIA
Contract No. CL04-2013
Page 4 rev 05/30/2013
SID FORM
7. The bidder hereby acknowledges that it has received Addenda No(s). NSA
(Enter"N/A" if none were issued) to this Request for Bid package.
8. The name of the bidder submitting this bid and its business phone number and address, to which
address all communications concerned with this bid and with the contract shall be sent, are listed
below. Any written notices required by the terms of an awarded contract shall be served or mailed to
the following address:
Contractor Information:
1. Company Name: Asplundh Tree Expert Co.
2. Address. 7524 ATE 175th Street
3, City, State, Zip Code: Kenmore, WA 98028
4. Rhone Number: 425-483-9339
S. Contractor Registration Number: ASPLUTE246DZ
6. UBI Number: 409-019-409
7. WA State Industrial Insurance Account Number: 70603500
8. WA State Employment Security Dept Number: 409-019-409
9. State Excise Tax Registration Number: 23-1277550
The bidder represents that it is qualified and possesses sufficient skills to bid on this project and the
necessary capabilities to perf m the services set forth in this Contract.
Signed by ( jz=�'
Title �d'eQ-
Printed Name: ( u,"'i
Date -7 'r®t3
Contract No. CL04-2013
Page 5 Rev 05/30/2013
City of Pt Angeles
2013
Billing Overtime
Foreman $ 62.77 $ 112.99
Tree Trimmer $ 55.78 $ 100.41
Flagger $ 61.20 $ 92.16
55' Lift $ 14.75 $ 14.76
Chip/Dump $ 9.50 $ 9.50
Chipper $ 4.05 $ 4.05
Groundman $ 46.04 $ 82.87
55' Lift $ 14.75
60770' Lift $ 21.00
80 Lift $ 70.00
92' Lift $ 85.00
100' Lift $ 95.00
Chip/Dump $ 9.50
Chipper $ 4.05
SelfFeed Chipper $ 4.90
4x4 Pickup wltools $ 12.50
Asplundh Tree Expert Co. Confidential 6/26/2013 Page 1
194-N.F NON-COLLUSION AFFIDAVIT
STATE OF WASHINGTON }
}
COUNTY OF WA }
The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine
and not a sham or collusive bid, or made in the interest or on behalf of any person not therein
named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited
any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to
refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to
him/her self an advantage over any other bidder or bidders.
7,
Signature of Bidder/Contractor
Subscribed and sworn to before me this 26th day of June 2013.
Notary Public in and for�te
State of WA
oS, Residing at Snohomish
My Comm. Exp.: 10/25/13
Contract No. CL04-2013
Page 6 Rev 05/30/2013
BID SECOUTY TRANSMITTAL FORM
Herewith find an executed Bid Bond or a deposit in the form of a cashier's check,postal money order or other security in lieu
of a bid bond in the amount of$ which amount is not less
than five(5%)percent of the total bid.
SIGN HERE
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
Travelers Casualty and Surety
That we, Asplundh Tree Expert Co, as Principal and Company of America as Surety,are held and firmly bound unto
the CITY OF PORT ANGELES as Obligee,in the penal sum of Five Percent(5%)of Amount Bid
Dollars,for the payment of which the Principal and the Surety bind themselves,their heirs,executors,administrators,
successors and assigns,jointly and severally,by these presents.
The condition of this obligation is such that if the Obligee shall matte any award to the Principal for:
Project Title: 2013 Tree Trimming Contract Number CL-04-2013
according to the terms of the bid made by the Principal,and the Principal shall duly make and enter into a contract with the
Obligee in accordance with the terms of said bid and award and shall give bond for the faithful performance thereof,with
Surety or Sureties approved by the Obligeo;or if the Principal shall,in case of failure so to do,pay and forfeit to the Obligee
the penal amount of the deposit specified in the advertisement for bids,then this obligation shall be null and void;otherwise
it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee,as penalty and
liquidated damages,the amount of this bond.
SIGNED,SEALED AND DATED THIS 28th day of June 12013
Asplundh Tree Expert Co.
Principal Dennis A.Sta la Asst.Sec(Ins./Bonds)
Travelers Casualty and Surety Company of America Aon Risk Services Central Inc._
Sure"/ Agent
�n (�;�U 1650 Market Street
Maureen Mc e Attorney-in-Fact
One Tower Square,Hartford,CT 061183 Philadelphia, PA 19103
Surety address Agent Address
_888-658-0817 215-255-1978
Suro /Contact and Phone Number Agent Contact and Phone Number
Dated:
Received return of deposit in the sum of$
Contract No, CL04-2013
Page 7 Rev 05/3W2013
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AW POWER OF ATTORNEY
TRAVELERSFarmingO,Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Irusurance Underwriters,Inc. Travelers Casualty and Surety Coaripany of America
St.Paul Fire and Marine Insurance Company United States fidelity and Guaranty Company
St.Paull Guardian Insurance Company
Attorney-In Fact No. 226632 Certificate No.. 005487177
(SNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,"Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc„is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby matte,constitute and appoint
Douglas R.Wheeler,Maureen McNeill,Wayne G,McVaugh,Elizabeth Marrero,Jaquanda S.Long,and Marina Tapia
of the City of Philadelphia State of Pennsylvania their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature,thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
Any and all consents required by the Department of Transportation,or the Orlando-Orange County Expressway Authority,State of Florida,incident to
the release of retained percentages and/or final estimates.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 13th
day of May 2013
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
;fidelity and Guaranty Insurance'Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fare and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company y[
pASU,� 'tY ti inFtlk" ` Iks� ;j,�aSUR°'r, .SP�iY ANo� �tuBVAi p�,,.Y'yyB
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p'u�sz�'o � � l�dC&IP�TfD M� a•eoa,„'fyl':� Fr�:'co�er�4rey,�'; ga � �i�ewnr�atm
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State of Comiecticut By.
City of Hartford ss. Robert L.Raney, enior Vice President
On this the 13th day of May 2013 before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St,Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
fr� *
)�N)In Wittiness Whereof,I hereunto set my hand and official seal. 47��/” `-
My Commission expires the 30th day of June,2016. Matic C.Tetreault,Notary Public
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revolve the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the'ftcasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FU-RT73ER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Pact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin B.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United Stauas Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Cotnpanie5,which is in full force and effect and has not been revolved.
IN TESTIMONY WHEREOF,I have hereunto set my hand and mixed the seals of said Companies this �day of t A4 201 .
I{evin E.Hughes,Assistant Sec taffy
ea6Ua�F y�{_"�PY�•�YIN�
611(1
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r
To verify the authenticity of this Power of Attorney,call 1-800-421-3990 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Pact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY lS INVALID W{THOUTTHE RED BORDER
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD,CONNECTICUT 06183
FINANCIAL STATEMENrr AS OF JUNE 30,2012
CAPITAL STOCK$8,454,080
ASSETS LIABILITIrS&SURPLUS
CASH A14D INVESTZO CASH $ 6 x,614,983 LfNEARNED PREMIUMI6 $ 765,717,685
BONDS 3,754,152,718 LOSSES 944,558,984
INVESTMENT INCOME DUIS3 AND ACCRUED 60,620,W REINSURANCE PAYAULE ON PAID LOSSES&LASS ADJ.EXPENSES 2,315,710
OTHERINVESTEI?ASSETS 243,572,4Si LOSS ADJUSTMENT EXPENSES 559,864,307
PREMIUM OALANCE$ 158,368,884 COMMISSIONS 24,976,766
NET DEFERRED TAX ASSET 67,279,574 TAXES,LICENSES AND MES 64,327,651
REINSURANCE RSCQVERABLE 13,608,024 OTH>=i2lEXPENtES 22,388,697
SECURITIES LENDING REINVESTED COLLATERAL ASSETS 5,705,075 FUNDS HELD UNDER REINSURANCE,TAEAT1ES 95,072,90
RECEfVABLES FOR SECURITIES 4.077,723 CORRENTFFDERALANDFOREtWNCOMETAXES 18,013e431
UNDISTRIBUTED PAYMENTS 4,331,288 REE ITTANCESAND ITEMS NDTALLOCATER 818991780
OTHERASSET'S 473,991 AMOUNTS WITHHELDIRETAINED RYCOMPANY FOR OTHERS 27.214,735
RETROACTIVE REINSURANCE RESERVE ASSUMED 3,129,798
POLICYHOLDER DIVIDENDS 8,704.386
PROVISION FOR REINSURANCE 6,397,371
PAYABLE TO PAf2ENT,SUBSIDIARIES ANDAFFILfATES 46,855,795
PAYABLE FOR SECURITIES 6,22s,141
PAYABLE FOR SECURITIES LENDING 5,705,078
CEDED REINSURANCE NET PREMIUMS PAYA13LE (40,944,460)
ESCHEAT LIABILITY 521,944
OTHER ACCRUED EXPENSES AND LfASILITiES 725,083
TOTAL LIABILITIES 2.570`874,900.
CAPITALSTOOX $ 6.450,003
PAID 1N1SUR PLUS 433,803,760
OTHF-R SURPLUS _ i090,?4%S0l
TOTAL SURPLUS TO POLICYHOLDERS $ 1,831.033,561
TOTAL ASSETS 5 4.407,908,462 TOTAL LIAR}LITIES 84 SURPLUS $ 4.4D7,9Q_341}a
STATE OF CONNECTICUT 9
COUN7YOPHARTFORD )SS.
OITY OF HARTFORD }
N1 WHAFL J,DOODY,BEING DULYSWORN.SAYS THAT HC IS SECOND VICE PJIE$IDENT,OF TRAVELERSCASUALTYMI)SURETY COMPANY OF AMI=RICA,
AND T14ATTOT HEBESTOFHI$LCNOWLEDGEANDBELIEF,THEFQREGOING15ATRUEAMDCORRECT STATEWr-NTOFTHE FIN1AKciaGONDInOm OF SAID
Q WPANY A8 OF THE 30TH DAY OF JUNE,2012.
SECOND VICE PRE61)ENT
SUQSCRi 5FD AND SWORN TO BEFORE NTE THIS NOTARY PUBLIC
20TH DAY OF AUGUST,2012
SUSAN M.IEISSLEDP-R.
h'ot�rryPriblrc
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