HomeMy WebLinkAbout000215 Original ContractCity of Port Angeles
Record #000215
For information regarding this project, contact:
Eric C. Wa!rath, City of Port Angeles
360 -417 -4806
PROJECT MANUAL
for
2011 STREET AND ALLEY PAVING
PROJECT NO. TR03 -2011
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CITY OF PORT ANGELES
WASHINGTON
FALL, 2011
ORIGINAL
#1
GLENN A. CUTLER, P.E DIRECTOR OF PUBLIC WORKS UTILITIES
MICHAEL C. PUNTENNEY,P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES
PUBLIC WORKS CONTRACT
This Contract is made and entered into in duplicate this 9�� day of Sep wt1O -e 7.0)1,
by and between the City of Port Angeles, a non charter code city of the State of Washington,
hereinafter referred to as "the City," and 14 kelda2 Ipte u s�rrr eA itt c
a i,(ik C -poIII -`/1,i hereinafter referred to as "the Contractor."
u
WITNESSETH:
Whereas, the City desires to have certain public work performed as hereinafter set forth,
requiring specialized skills and other supportive capabilities; and
Whereas, the Contractor represents that it is qualified and possesses sufficient skills and
the necessary capabilities to perform the services set forth in this Contract.
NOW, THEREFORE, in consideration of the terms, conditions, and agreements
contained herein, the parties hereto agree as follows:
1. Scone of Work.
The Contractor shall do all work and furnish all tools, materials, and equipment in order
to accomplish the following project:
Street and Alley Paving, Project No. TR03 -2011
in accordance with and as described in Section 1 -01.3 of the Washington State Department of
Transportation Standard Specifications, and shall perform any alterations in or additions to the
work provided under this Contract and every part thereof.
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, except as may otherwise be provided in the
Project Manual.
2. Time for Performance
Time is of the essence in the performance of this Contract and in adhering to the time
frames specified herein. The Contractor shall commence work within ten (10) calendar days after
notice to proceed from the City, and said work shall be physically completed within twenty -five
(25) working days after said notice to proceed, unless a different time frame is expressly
provided in writing by the City.
3. 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 Project Manual.
CITY OF PORT ANGELES
Project No TR -3 -2011
II -1 August 2011
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 Project Manual.
Following approval of the RFI and /or CCO, the Contractor shall submit the
standard payment request form(s).
E. The Contractor shall submit payment requests with a completed Application for
Payment form, an example of which is included in the Attachments 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.
4. Independent Contractor Relationship.
The relationship created by this Contract is that of independent contracting entities. No
agent, employee, servant, or representative of the Contractor shall be deemed to be an employee,
agent, servant, or representative of the City, and the employees of the Contractor are not entitled
to any of the benefits the City provides for its employees. The Contractor shall be solely and
entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or
representatives during the performance of this Contract. The Contractor shall assume full
responsibility for payment of all wages and salaries and all federal, state, and local taxes or
contributions imposed or required, including, but not limited to, unemployment insurance,
workers compensation insurance, social security, and income tax withholding.
5. Prevailing Wage Reauirements.
The Contractor shall document compliance with applicable prevailing wage requirements
of the Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW
and Chapter 296 -127 WAC and shall file with the City appropriate affidavits, certificates, and/or
statements of compliance with the State prevailing wage requirements. The Washington State
Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this
Contract have been established by the Department of Labor Industries and are included as an
Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents
of the Contractor shall comply with the prevailing wage and documentation requirements as set
forth herein.
6. Indemnification and Hold Harmless.
CITY OF PORT ANGELES
Project No TR -3 -2011
I1 -2 August 2011
A. The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers against and from any and all claims, injuries,
damages, losses, or lawsuits, including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages
caused by the sole negligence of the City. It is further provided that no liability
shall attach to the City by reason of entering into this Contract, except as
expressly provided herein.
B. Should a court of competent jurisdiction determine that this Contract 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 Contract.
7. Insurance.
The insurance coverage shall be in accordance with and as described in the Washington
State Department of Transportation Standard Specifications Division 1- 07.18.
A. Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
B. Subcontractors
8. Comnliance with Laws.
A. The Contractor shall comply with all applicable federal, state, and local laws,
including regulations for licensing, certification, and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards
or criteria as set forth in the Project Manual.
B. The Contractor shall pay any applicable business and permit fees and taxes which
may be required for the performance of the work.
CITY OF PORT ANGELES
Project No TR -3 -2011
The Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
II -3 August 2011
C.
9. Non Discrimination.
10. Assignment.
The Contractor shall comply with all legal and permitting requirements as set
forth in the Project Manual.
Non discrimination shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications and the Special Provisions Division 1-
07.11.
A. The Contractor shall not assign this Contract or any interest herein, nor any
money due to or to become due hereunder, without first obtaining the written
consent of the City, nor shall the Contractor subcontract any part of the services to
be performed hereunder without first obtaining the consent of the City.
B. The Contractor hereby assigns to the City any and all claims for overcharges
resulting from antitrust violations as to goods and materials purchased in
connection with this Contract, except as to overcharges resulting from antitrust
violations commencing after the date of the bid or other event establishing the
price of this Contract. In addition, the Contractor warrants and represents that
each of its suppliers and subcontractors shall assign any and all such claims for
overcharges to the City in accordance with the terms of this provision. The
Contractor further agrees to give the City immediate notice of the existence of any
such claim.
11. Contract Administration.
This Contract shall be administered by
Contractor and by
behalf of the City. Any written notices required
mailed to the following addresses:
Contractor:
La.ALQ acoLe Z tic«
D SOX- 1 Z-%
PO( ai -U clakA
0217
12. Interpretation and Venue.
ba c/ 1 j a Lt V on behalf of the
Eric C. Walrath. Project Manager on
by the terms of this Contract shall be served or
City:
City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, WA 98362-
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.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
the day and year first set forth above.
CITY OF PORT ANGELES
Project No TR -3 -2011 II August 2011
CONTRACTOR:
Name of Contractor
Title:
P,G (taer
CITY OF PORT ANGELES
Project No TR -3 -2011
CITY OF PORT ANGELES:
Approved as to Form:
Cif Attorney
Attest:
2
City Clerk
11 -5 August 2011
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Lakeside Industries, Inc as
Traveler Casualty ana surety
Principal, and company of America a corporation, organized and existing under
the laws of the State of1 as a surety corporation, and qualified under the laws of the
C nn ut
State of Washington to become surety upon bonds of contractors with municipal corporations as
surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal
sum of 334,376 90 for the payment of which sum on demand we bind
ourselves and our successors, heirs, administrators, or personal representatives, as the case may
be.
This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of
Port Angeles
Dated at Issaquah
The conditions of the above obligation are such that
Signed this 13th day of September 2011
Travelers Casualty and Surety
Company of America
Surety
By
Susan B. Larson
Attorney -in -Fact
Title
1501 4th Ave #1650, Seattle, WA 98101
Surety Address
Travis Belling 206 326 -4284
Surety Contact and Phone Number
CITY OF PORT ANGELES
Project No TR03 -2011
CONTRACT BOND
Bond to the City of Port Angeles
Washington, this 13th day of September
20
Lakeside Industries, Inc
WHEREAS, the City of Port Angeles has let or is about to let to the sa the above
bounded Principal, a certain contract, the said contract being numbered TR03 -2011 and providing for Street
and Alley Paving (which contract is referred to herein and is made a part hereof as though attached hereto), all
accepted additives incorporated into the project shall be included in the contract bond.
WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the
work therein provided for in the manner and within the time set forth, now, therefore,
If the said Principal, Lakeside Industries, Inc. shall faithfully perform all of the
provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as
may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all
persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said
work, and shall indemnify and hold the City of Port Angeles harmless from any damage or expense by reason of
failure of performance as specified in said contract or from defects appearing or developing in the material or
workmanship provided or performed under said contract within a period of one year after its acceptance thereof by
the City of Port Angeles, then and in that event, this obligation shall be void; but otherwise, it shall be and remain in
full force and effect.
Lakeside Industries, Inc.
Principal
Bond 105653857
By A��:
Title
Parker, Smith Feek, Inc.
2233 112th Ave NE, Bellevue, WA 98004
Agent Address
Susan B. Larson, 425- 709 -3600
Agent Contact and Phone Number
11 August 2011
TRAVELERS J
Attorney -In Fact No. 223783
State of Connecticut
City of Hartford ss
On this the 13th
58440 -6 -11 Printed in U S A
day of
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
July
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2016
POWER OF ATTORNEY
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
KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of Amenca are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, 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 Underwnters, 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
Deanna M Meyer, Karen P Dever, Jill A Boyle, Stuart A O'Farrell, Susan B Larson, Scott Fisher, Lillian Tse, Benjamin L Wolfe, Elizabeth R
Hahn, and Jana M Roy
of the City of RellevitP State of Washington 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 wntings obligatory in the nature thereof on behalf of the Companies in thei rbusmess 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
Farmington Casualty Comp ny°
Fidelity and Guaranty sInsurance'Company
Fidelity and Guaranty Insu"r`ance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
2011
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed:and their;corporate seals to be hereto affixed, this
day of July 2011' r
By
Certificate No.
�pRPORAT >^1
n5
a S8AL g
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
004411953
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
ice President
13th
Marie C Tetreault, Notary Public
before me personally appeared George W Thompson, 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 Manne 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
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Farmington Casualty Compan;t 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 Amenca, 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 revoke 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 wnting 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
prescnbed 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
I, Kevin E Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwnters, Inc St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance mpan St Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of Amenca, and United`States Fidel and G.\\ ll uar anty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Compathaswhich*s in-full force and effect and has not been revoked.
t 11
IN TESTIMONY WHEREOF, I have hereunto set my hand andaffixed the s of said .Co panies this day of 20 a.
Kevin E Hughes, Assistant Sec tart'
To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www travelersbond corn Please refer to the Attomey -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
KNOW ALL MEN BY THESE PRESENTS, that LAKESIDE INDUSTRIES, INC.
as Principal authorized to do business in the State of Washington and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
as Surety, a corporation organized and existing under the laws of the State of CONNECTICUT
and authorized to transact business in the State of Washington as Surety, are jointly and severally held
and bound unto CITY OF PORT ANGELES as Obligee in the penal sum of
SIXTEEN THOUSAND SEVEN HUNDRED EIGHTEEN AND 85/100THS
Dollars 16,718.85 which is
5% of the Principal's bid
WHEREAS, on the 9TH day of SEPTEMBER 2011 the said
Principal, herein, executed a contract with the Obligee, for 2011 STREET AND ALLEY PAVING
CONTRACT NO. TR03 -2011
WHEREAS, said contract and RCW 60 28 require the Obligee to withhold from the Principal sum
of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as
earned retained funds
AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds
as allowed under RCW 60 28.
NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and
bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final
contract cost which shall include any increases due to change orders, increases in quantities of work or
the addition of any new item of work If the Principal shall use the earned retained funds, which will not be
retained, for the trust fund purposes of RCW 60 28, then this obligation shall be null and void, otherwise, it shall
remain in full force and effect This bond and any proceeds therefrom shall be made subject to all claims and
liens and in the same manner and priority as set forth for retained percentages in RCW 60 28.
PROVIDED HOWEVER, that.
1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the
Principal if no monies are retained by the Obligee on estimates during the progress of construction.
2. Any suit under this bond must be instituted within the time period provided by applicable law.
WITNESS our hands this 13 day of SEPTEMBER 20 11
Travelers Casualty and Surety Company of
America
Surety
Attorney -in -Fact, Susan B Larson
Parker, Smith Feek, Inc.
2233 112` Ave NE, Bellevue, WA 98004
Name and Address of Local Agent
By:
LAKESIDE INDUSTRIES, INC.
r 2 (L.CS 1DN�
RETAINAGE BOND
Bond No 105653858
Principal
041171
TRAVELERS J
Attorney -In Fact No.
KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of Amenca are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, 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 Underwnters, 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
Deanna M Meyer, Karen P Dever, Jill A Boyle, Stuart A O'Farrell, Susan B Larson, Scott Fisher, Lillian Tse, Benjamin L Wolfe, Elizabeth R
Hahn, and Jana M Roy
of the City of Bellevu' State of Washington 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 per�iitted-in any actions or.proceedings allowed by law
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed.aiid theii corporate seals to be hereto affixed, this
day of July 2011
State of Connecticut
City of Hartford ss
On this the 13th day of July 2011 before me personally appeared George W Thompson, 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 Amenca, 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
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2016.
58440 -6 -11 Printed in U S A
223783
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
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
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
O:' 9
oit PoRq>t.�ts'+�
.SE �o"J
By
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 004411951
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
George6 Thompson, mor President
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
13th
Marie C Tetreault, Notary Public
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE 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 Amenca, 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 authonty as his or her certificate of authority may prescnbe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other wntings 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 revoke 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 wnting 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
prescnbed rn 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.
I, Kevin 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 5 St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and Umted`Stat s Frdehty Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Comparupswhickis m -full force ,and effect and has not been revoked
IN TESTIMONY WHEREOF, I have hereunto set my hand and�affix the seal, f s aid'Campaniies this 13 day of 20 a
,NS
CPRPrArf n\
is. SEAL s a
+s i
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
7 1C.
Kevin E Hughes, Assistant Sec tary
To verify the authenticity of this Power of Attorney, call 1- 800 421 -3880 or contact us 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
1
Operational and test periods, when required by the Engineer, shall not affect a manufacturer's
guaranties or warranties furnished under the terms of the contract.
1 -05.13 Superintendents, Labor and Equipment of Contractor
(March 25, 2009 APWA GSP)
Revise the seventh paragraph to read:
Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1-
02.14. it will take these performance reports into account.
1 -05.15 Method of Serving Notices
(March 25, 2009 APWA GSP)
Revise the second paragraph to read:
All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence
from the Contractor constitutinc any notification. notice of protest. notice of dispute. or other
correspondence constitution notification reauired to be furnished under the Contract, must be in paper
format. hand delivered or sent via mail delivery service to the Proiect Ensineer's office. Electronic
conies such as a -mails or electronically delivered copies of correspondence will not constitute such
notice and will not comply with the reauirements of the Contract.
Add the following new section:
1 -05.16 Water and Power
(October 1, 2005 APWA GSP)
The Contractor shall make necessary arrangements, and shall bear the costs for power and water
necessary for the performance of the work, unless the contract includes power and water as a pay
item.
Add the following new section:
1 -05.17 Oral Agreements
(October 1, 2005 AWPA GSP)
No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency,
either before or after execution of the contract, shall affect or modify any of the terms or obligations
contained in any of the documents comprising the contract. Such oral agreement or conversation
shall be considered as unofficial information and in no way binding upon the Contracting Agency,
unless subsequently put in writing and signed by the Contracting Agency.
III -13 I 2011 STREET AND ALLEY PAVING, PROJECT NO. TR03 -2011