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13-227.00 Poe Asphalt Paving: Street & Stormwater Maint & Repair
Spc'o'kane Valleye OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 • Spokane Valley, WA 99206 509.720.5105 • Fax: 509.688.0299 • cityattorney @spokanevalley.org December 26, 2013 Poe Asphalt Paving, Inc. 2732 North Beck Road Post Falls, ID 83854 Re: Implementation of 2014 option year - Agreement for Street and Stormwater Maintenance and Repair Services, executed May 11, 2007 Dear Mr. Griffith: The City executed a contract for provision of Street and Stormwater Maintenance and Repair Services on May 11, 2007 by and between the City of Spokane Valley, hereinafter "City" and Poe Asphalt Paving, Inc., hereinafter "Contractor" and jointly referred to as "Parties." The Request for Proposal states that it was for one year, with seven optional one -year terms possible if the parties mutually agree to exercise the options each year. This is the seventh of seven possible option years that can be exercised and runs through December 31, 2014. The City would like to exercise the 2014 option year of the Agreement. The Compensation as outlined in Exhibit A, 2014 Cost Proposal, includes the labor and material cost negotiated and shall not exceed $1,506,663. The contract includes $1,366,663 for Street & Stormwater Maintenance and $140,000 for snow removal operations (See Exhibit B — Scope of Work). The history of the annual renewals is set forth as follows: Original contract amount .$ 1,175,119.00 2008 Renewal $ 1,475,119.00 2009 Renewal $ 1,175,119.00 2010 Renewal $ 1,375,119.00 2011 Renewal $ 1,545,119.00 2012 Renewal $ 1,685,119.00 2013 Renewal $ 1,506,663.00 2014 Renewal $ 1,506,663.00 Co i 3 -227 This contract option year will use the Asphalt Cost Price Adjustment per WSDOT Spec 5 -04.5. The Contractor shall provide the cost adjustment for asphalt prices monthly and include this information with each monthly invoice. All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2014 option year, please sign below to acknowledge the receipt and concurrence to perform the 2014 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY POE ASPHAL Mike Jac . n, City Manager N ATTEST: ristine Bainbridge, Ci y Clerk APPROVED AS TO FORM: Office 0 the City tiAitorn4 AVING, INC. !/ /(.I'✓ or,,e/ Title Exhibit "A" 2014 Cost Proposal Street Maintenance Labor 2014 100 % wages hourly overtime Superintendent Foreman Operator Teamster Laborer $ 47.85 $ 65.40 $ 47.85 $ 65.40 $ 46.14 $ 62.86 $ 44.24 $ 58.80 $ 40.88 $ 56.01 2014 Snow Operations - 90% wages Labor hourly overtime Operator Teamster Laborer $ 42.74 $ 57.76 $ 41.93 $ 54.81 $ 38.11 $ 51.86 Equipment 2014 Costs 20 super dump 22 end dump 23 super dump 24 super dump 25 super dump 26 super dump 27 super dump 28 super dump 29 end dump 40 end dump 43 Tractor 70 utility trailer 75 Lowbed trailer 132 trailer 134 trailer 135 trailer 145 tilt trailer 149 trailer 115 4 axle pup 187 4 axle pup 188 4 axle pup 189 4 axle pup 202 f450 1 ton 205 f550 tack truck 225 f450 dump truck 81.47 60.72 81.47 81.47 81.47 81.47 81.47 81.47 60.72 60.72 60.72 15.94 37.44 15.94 15.94 15.94 26.57 15.94 21.25 21.25 21.25 21.25 27.07 50.00 50.00 Material 2014 Costs 1/2" PG 64 -28 50 gyro 1/2" PG 70 -28 75 gyro 1/2" PG 70 -28 100 gyro Top Course 5/8" $ 52.00 $ 52.50 $ 51.50 $ 6.30 * Price adjustment based on ESDOT 5- 04.4.OPT2.GR5 Overhead & Profit fee 2014 Costs Direct costs Subcontractors 22% 8% Equipment 2014 Costs 247 f550 1 ton 253 water truck 220 gal 259 water truck 4000 gal 273 service truck 275 service truck 316 pickup 319 pickup 402 dd34 roller 406 dd34 roller 410 dd110 roller 413 dd110 roller 420 hahm roller 421 plate wacker 461 grade roller 512 roadtec paver 524 blawknox 5510 paver 713 cat 160 blade 718 huber 722 skiploader 926 tack trailer 930 cimline crack /joint sealer 947 20" saw 27.07 50.00 60.72 39.47 39.47 16.19 16.19 44.78 44.78 75.00 75.00 75.00 5.36 55.15 $ 185.00 $ 185.00 $ 86.53 $ 55.66 $ 50.60 $ 16.19 $ 85.00 $ 26.57 Exhibit B Scope of Services — Winter Snow Operations City of Spokane Valley — Public Works Department General The services will consist of snow removal and deicing application as directed by the City using City owned equipment, materials and maintenance facility. The contractor will provide qualified operators on a 24 hour /7 days per week on -call basis. Equipment The City maintenance facility is located at 17002 E. Euclid, Spokane Valley, WA. Equipment List: 5 Single axle plow /sander trucks 1 Tandem axle plow /sander truck 3 Single axle plow /deicer trucks 1 F550 Deicer truck 1 Backhoe All equipment used in winter snow operations will be stored and readied for use at the maintenance facility unless otherwise directed by the City. Staffing The contractor will provide qualified operators for each type of equipment the city owns. The contractor will provide a minimum of 15 operators to cover 24 hour operations if directed by the City. The contractor shall submit the list of drivers for approval by the City. The contractor may add or subtract drivers from the list at any time by notifying the City. The City recommends that the operators attend the yearly pre- season meeting to be set up by City Staff each year before plowing operations begin. Training may be required as directed by City Staff. Call to begin work City staff shall contact drivers directly from the driver list submitted by the contractor. Plowing Routes City staff shall direct all winter maintenance operations. Snow plowing priority routes and other information is available on the City's website. The yearly snow plan and routes are subject to change at any time by City Staff. Cost of Work The cost of this contract shall be in accordance with the Street and Stormwater Maintenance Contract. Snow removal operations will be paid at the 90% rates as approved by contractors union. The City agrees to pay all direct costs plus an overhead and profit percentage of 22% on direct costs, and 8% overhead and profit on subcontractors. Training requested by the city shall be set up and paid for by the City. Each operator attending training will be paid at the 90% Snow Removal Rates. POEASPH -01 DALLEN ACORE)° C () CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Stonebraker McQuary 616 5th St. PO Box 9 Clarkston, WA 99403 CONTACT NAME: PHONE FAx A/C No Ext : (509) 758 -5529 A/C No : (509) 758 -5311 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A : Phoenix Insurance Company 25623 INSURED Poe Asphalt Paving, Inc. PO Box 449 Lewiston, ID 83501 INSURER B : The Travelers Indem Co of Amer 25666 INSURER C : Travelers Property Casualty Insurance Company 36161 INSURER o : State Insurance Fund $ 1,000,001 INSURER E: $ 300,001 INSURER F : $ 10,001 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE � 7iV1 POLICY NUMBER MM/DDY/YYYY MM/DD/YYYY LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DTC01537P996PHX13 11/01/2013 11101/2014 EACH OCCURRENCE $ 1,000,001 '_�' ,�- ', $ 300,001 MED EXP (Any one person) $ 10,001 ■■ CLAIMS -MADE X OCCUR ■ PERSONAL & ADV INJURY $ 1,000,001 ■ GENERAL AGGREGATE $ 2,000,001 GEN'L AGGREGATE LIMIT APPLIES PER: ■ POLICY X PRO- ■ LOC PRODUCTS - COMP/OP AGG $ 2,000,001 $ B AUTOMOBILE X ■ALL X ■ UABILITY ANY AUTO OWNED AUTOS HIRED AUTOS X ■ SCHEDULED AUTOS NON -OWNED AUTOS DT8101537P996TIA13 11/01/2013 11/01/2014 COMBINED SINGLE LIMIT Ea accident 1 000 001 $ , , BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDEN $ $ C ■ X UMBRELLA LIAB EXCESSLIAB X ■ OCCUR CLAIMS -MADE DTSMCUP1537P996TIL13 11/01/2013 11/01/2014 EACH OCCURRENCE $ 4,000,001 AGGREGATE $ ■ DED X RETENTION$ 10,000 ' ggregate $ 4,000,001 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 578551 10/01/2013 10/01/2014 ■ WC STATU- ■ OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,001 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,001 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the coverage afforded by the policy or policies numbered in this certificate. The City of Spokane Valley is additional insured on general liability as respects the 2014 Street & Stormwater Maintenance project Insurance is Primary and NonContributory. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley 11707 E Sprague Ave Ste 103 iSpokane Valley. WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Spokane BOND NO: 105923702 CONTRACTOR'S PAYMENT BOND (NON - FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Poe Asphalt Paving Inc (Contractor), as Principal, a contract for the construction of the project designated as ( SEE BELOW _ ), Project No. (Yr 2014 .) in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). STREET AND STORMWATER MAINTENANCE & REPAIR SERVICES The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws 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 Spokane Valley, as Obligee, in the sum of $1,506,663.00 total Contract amount (including Washington State sales tax), subject to the provisions herein. This 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 chapters 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 shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment 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, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms 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 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. PRINCIPJ- C RACTO,•) Poe Asphalt Paving Inc SURETY Travelers Casualty and Surety Company of America /Z •i�'• �� 1, ... o �.-- 1-ad t V/13 Date Surety Signature Date Della J Allen Printed Name /%.) lei W>19 Title Printed Name Attorney In Fact Title Name, address, and telephone of local office /agent of Surety Company is: Stonebraker McQuary PO Box 9 Clarkston WA 99403 509 - 758 -5529 Revised 1.14.1'; TRAVELERS J 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 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney -In Fact No. 223336 Certificate No. 0 0 4 9 0 9 3 7 9 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 America 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 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 Cheryl Ashby, Della J. Allen, James M. Hewitt, Karol J. McBride, Lisa Smith, Phil Stonebraker, Vonda Hall, Robert E. Keller, Sharon Slaybaugh, Roland Thomason, Susan Rigg, and Don McQuary of the City of Cla kston , State of Washington , their true and lawful Attomey(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. 1 lth IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2012 State of Connecticut City of Hartford ss. 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 United States Fidelity and Guaranty Company By: Thompson, : enior ice President On this the 11th day of June 2012 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 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. 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. V\.0.11.00 C Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 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 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 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 bf 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 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this (O day of 129 — dYY1\"4 4—,r' , 20 13 teem 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Spalikane BOND NO: 105923702 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Poe Asphalt Paving Inc (Contractor), as Principal, a contract for the construction of the project designated as ( SEE BELOW Project No. (Yr 2014 ) in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to finmish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). STREET AND STORMWATER MAINTENANCE AND REPAIR SERVICES The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, crganized.under the laws 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 Spokane Valley, as Obligee, in the sum of $1,506,663.00 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform 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; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; 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 terms 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 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. PRINC!' TRA_ TOR) Poe Asphalt Paving Inc /2.-0 .13 Sign�ure 074 ;4 A, Printed Name fl na Title Date SURETyTravelers Casualty and Surety Company of America aeStS cR Qs�s..,, I �/ � 3 Surety Signat Date Della J Allen Printed Name Attorney In Fact Title Name, address, and telephone of local office/agent of Surety Company is: Stonebraker McQuary PO Box 9 Clarkston WA 99403 509 - 758 -5529 Rev ised 1.14.13 • TRAVELERS WARN NG: 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 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney -In Fact No. 223336 Certificate No. O O '-F J O J 3 t v 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 America 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 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 Cheryl Ashby, Della J. Allen, James M. Hewitt, Karol J. McBride, Lisa Smith, Phil Stonebraker, Vonda Hall, Robert E. Keller, Sharon Slaybaugh, Roland Thomason, Susan Rigg, and Don McQuary of the City of Clarkston , 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 permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 1th day of June , 2012 State of Connecticut City of Hartford ss. 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 � J'P 4.aa St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: On this the 11th day of June 2012 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 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. 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. \c(\.1111.41‘ C • V Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 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 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 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. 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 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this t O day of biz S .r , 20 Kevin E. Hughes, Assistant SeciLtary 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER