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18-041.00 WM Winkler: 8th Ave Sidewalks Dickey to Thierman Contract This agreement is entered into this 30-iof ‘ , 20 18, , between the City of Spokane Valley ("City") and WM Winkler Comp ny ("Contractor"), pursuant to Title 35 RCW, as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: 8th Avenue Sidewalk Project— Dickey to Thierman #0264 Contract 18-041 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. 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 these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. The project was awarded for the bid amount of$402,507.75. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the date below, and the City has caused this instrument to be executed on the date stated above. CITY QF SPOKANE VALLEY CONTRACT 8TH A NUE SIDEWALK PROJECT 21 BID NO: 18-041 ^e` Executed by Contractor April 23 , 2018. Date Brian J.Winkler ?Pf Printed Name /s c :" - President • %• ` �:� , 'p Title Signatu/ City of Spokane Valley MarK Cal(toit Printed Name City Manacler Title �94 4— Cv e..t 1-3-1ESign tura • • CITY OF SPOKANE VALLEY CONTRACT 8TH AVENUE SIDEWALK PROJECT 22 BID NO:18-041 M i F .0 I. l f: Valle3r BOND NO: 106770589 CONTRACTO'R'S PERFORMANCE BOND to City of Spokane Valley,Washington of Spokane Valley, Wa hingtcn, in Spokane County, has awarded to 1m.W er Company (Contractor),as Princes,a contract for the construction of the project desig • as Sb Avenue Sidewalk Protect — Dickey to Thieman, project No. 18-041 in Spokane Vale%, Wain. and said Principal Is required under the terms of the Contract to furnish a performance bond in •• • = • with chapter 39,08 Revised Code of Washington(RCW). The P nclpal, and Travelers Casualty and Surety Cannan of America (Surety), a corpo =' , organized under the law of Connecticut and licensed to do business In the State of Washin• "• as surety and named In the current list of`Surety Companies Acceptable In Federal Bonds"as publithed in the F I Register by the Audit Staff Bureau of Amounts, U.S.Treasury Dept, are jointly and severely held and tidy to the City of Spokane Valley,as Obligee,In the arch of$ * total Contract amount (inch Washington State sales tac),subject to the provisions herein. * Four Hundred Two Thousand Five Hundred Seven and 75/100 Dollars ($402,507.75) This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall weli and falibfully perform oW of the Principal's obligations under the Contract and fuMII all the terms and conditions of a duly authorized modifications, additions, and changes to said Contract that may hereafiei be made, at the tine and in the manner therein spm shall warranty the work as provided in the Contract and shall indemnity and hold harmless the Obligee from any defects in the workmanship and materials inoorporated Into the work for the period identified in the Contras afid if such performance obligations have not been fly, this bond stall r1emain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the larms of the Contract; the specifications accompanying the Contract, or to the work to be periormed under the Contract shall in any way affect Its obligation on this bond..and awraives.notioe of anyChange,extension of time,alteration or addition to the of the Contract or the Work performed.The Surety agrees that moilftoafons and changes to the terms and Co of the Contract that increase the total amount to be paid the Principal shall automatically increase the obis = ;• ,of the Surety on this bond and notice to Surety Is not required for such increased obligation. This .• may be executed In two original counterparts, and shall be signed by the parties'.duly authorized oftk*rs. This .. • will only be accepted If it is accompanied by a fully executed end origitnal power of attorney for the officer on behalf of the surety. RINC P ••NTRACTOR) SUR? Travelers Casaulty and Surety Company of America 920/ . .' U-l( A.)A iii3:2e18-L - • Pan" +:! a.ture Date Surety Signature _ -401f--:7g ;, ;;j n i J.e,� Thomas V A Davis :__ irinte likrti;' ^ Printed Name - ".• SII/- �•^ly A• �` %�'�"•fi r►. Attorney-in-Fact : ,--.--,;\,,, . ar Me Name ada�ss, and telephone of local office/agent of Surety Company Is: Paynewes Insurance,Inc. 501 N.Rile/point Blvd.,Suite 403;Spokane,WA 99202 509-755-9338 Revised 1 14 13 CITY OF SPOKANE VALLEY CONTRACT 8'K AVENUE SiDEWALK PROJECT 24 BID NC:18-041 , + ' a • Valler BOND NO: 106770589 CONTRACTOR'S PAYMENT BOND(FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The J:ity_ of Spokane Vatey, Washington, in Spokane County, has awarded to Wm. er Company (Contracto), as Principal, a contract kw the construction ci the project deslgnapd as to Avenue kikiewalic Protect,— Dickgy to Thlernhant Project No. 18-041 In Spokane Valley, Wash , and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with .- 39.08 Revised Code of Washington(RCUU)and chapter 80.28 RCW. The Principal, and Travelers Casualty and Surety Company of America (Surety) corporation organized 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 Register by the Audit Staff Bureau of Accounts, U.B.Tim ry Dept,are jointly and severally held and firmly to the City of Spokane Valley,as Obligee,in the sum of$ total Contract amount, subject to the herein. This payment bond that cover any and all taxes incurred pursuant to Tales 50 and 51 RCW,taxes impoaed'on the Plincipal pursuant to Title 82 ROW,and any addMonal sales tames. Four Hundred Two Thousand Five Hundred Seven and 75/100 Dollars($402,507.75) This payment bond shall become ma and void, if and when the Principal. Rs heirs, executors, edminkbators, successors,a assigns shall pay as persons in accordance with chapters 89.08,3912 and 80.28 RCN,Including ludbO all workers, _ • = mechanics,subconbactors,and materialrnen,and all persons who shall supply such contractor or s .-• r with provisions end supplies for the carrying on of such worm shall pay all taxes due pursuant to Thies 50,51, • 82 RCW;and shay Indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may by reason of the)allure of Principal to make such required payments;and if such payment obligations have not beerufulf tl d,this bond shall remain in full force and effect The - for value received agrees that no change, extension or tune, alteration or adctlifwh to the terms of the • the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way , - Its abl[gatio itrbon , ai walqer irotte , Zrf time, = 7-F - •n or additon to the terms of the Contract or the work pertained. The Surety ogees that modifications and es to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall auto -= increase the obligation of the Surety on this bond and notice to Surety is not required for such increased This .• • may be executed In two original counterparts, and shat be signed by the parties'duly authorized officers. This ton• via only be accepted it it is accompanied by a fully executed and original pow of attorney for the officer executin• on behalf of the surety. PRiNCTP (CONTRACTOR) SUR Travelers Casualty d Surety Company of America Wm. #.. ompant gf r 23 1 J/ l Apn123,2618 • .: : Signature •ate Surety Signature . fe -e Thomas V A Davis -c Printed Name - — `r�" Attorney-in-Fact The iii ` Title ';;,lame,addrt Ss,and telephone of local office/agent of Surety Company is: 13ayneWes)7nsurance,Inc. 501 N.Riverpoint Blvd.,Suite 403;Spokane,WA 99202 509-755-9338 . Revv,ca 1.14.13 MY OF SPOKANE VALLEY 8 VENUE SIDEWALK PROJECT 23 BID N CONTRACT A is WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER „Mr `TRAVELERS k POWER OF ATTORNEY 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 Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 231661 Certificate No. O O ( 2 H V 2 O KNOW 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 make,constitute and appoint Thomas V,A Davis,Jaclyn R.Kruse,Judith C.Kaiser-Smith,James E.Majeskey II,Judith A.Rapp,Shanalee E.Steele,and Marla J.Davenport of the City of Spokane ,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 busyness of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perm qci in anyitetions orr,, r�ceedings allowed by law. $ IN WITNESS WHEREOF,the Companies have caused this instrument to"beigne'fil and thetr.cotporate seals to be hereto affixed,this 5th day of July 2017 , w a '41 I' R Farmington Casualty Cplvtii'hgy tt�� t., � St.Paul Mercury Insurance Company ' Fidelity and Guaranty ,nsdranci koitlpany, Travelers Casualty and Surety Company Fidelity and Guaranty InsufceiUnderwrit ers,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 GA6U4,A0"6 4 \A •tG pY:N3�4 ',•TY ANO ',(�Y p,(,[fPOgr/. Y7* e0!• '••. r•�.�•••4y aPJ OG Nm 3�Wfry ,y\w- 0 5 • �a(i oiN i` 1rU z ZO.PO�w7 W!�490/4rt,l^ q •9p ,c 1 9 8 2 0 jfh:+ m• m z; n HARTFORD. •c a '�utc • t � �� �{� n �s o ���' 1898 Ys, 1951 ' `" � seAL o a coHri ° � , r e y�, 4 L o• o�• / �e SSALle 4p AN ! �`i •�'Rwuc60 v j �D� o•1. .•: rb yds t fi'. State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 5th day of July 2017,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. G•Y117 In Witness Whereof,I hereunto set my hand and official seal. f `TAR C My Commission expires the 30th day of June,2021. C�PUMA * Marie C.Tetreault,Notary Public Cts'$ 58440-5-16 Printed in U.S.A. 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 Insupnce Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United Statees Filel4Nand Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Comp ;.whi chic i 1 foeind effect and has not been revoked. At, 44 IN TESTIMONY WHEREOF,I have hereunto set my hand ailtrte d the s€aI5 oI`aid fiY'lames this Z 3 day of A j)IA tI I ,20 i k. � , 1� �.-. `� + Kevin E.Hughes,Assistant Sec Lary pASU4( fa Ft"6 !M �NS' {1NS41s5V RV':'• (1 .1101.4':c:;;!,; oQi lt'`� oP `'�a �g 4,_hT019 - Z: n'' a [fl4A <� �,� �> o \ comm a `Nisf8 °firy + ��RANG`.�.. X015'AN+a bola..-...�� �� � . � �F11 mil 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 TRAVELERS J RIDER To be attached to and form part of Bond No. 106770589 Issued on behalf of Wm. Winkler Company as Principal, and in favor of City of Spokane Valley as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: ❑ 2. The Surety hereby gives its consent to change the Address: from: to: XEI 3. The Surety hereby gives its consent to change the Bond Number • from: 106770589 to: 106821594 This rider shall become effective as of April 24,2018 PROVIDED,however, that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed, sealed and dated April 24,2018 ' Travelers Casualty and Surety CompAV of At ectEa —12 By: Thomas V A Davis - Attorney-in-Fact Accepted: or Obligee Principal By: By: S-4111 (8/66) Travelers Casualty and Surety Company of America .iA�. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Thomas V A Davis,of Spokane,Washington,their true and lawful Attorney-in-Fact 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 3rd day of February, 2017. 4vougDY `J*qrµ♦G • (Immo,A � or 11/4 CCM" s State of Connecticut By: • /� =J� City of Hartford ss. Robert L.Raney,Se for Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance 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. a an,�e. C. tiTt LU.O. My Commission expires the 30th day of June,2021 *0111 , • Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 24th day of April , 2018 • F1sWf1y J♦�tr�♦ , ,66.4-14 Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. 1145 ial^takb Val .1r*- BAND NO: 106770590 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Vary,Washington,in Spokane Courtly, has awarded to Wm.Winkler Company ('Contractor"), as Principal,a contract for the construction of the pr+cect designated as 101'AvenueSideandk Project -Dickey to Thierman‘Project No. 18-041 (the"Contract") in Spokane Valley,Washington. The Principal, a dating under and by virtue of the laws of the-State of Washington and authorized to do business in the State of Washington, and Traveler§Casualty and Surety Company of America Organized and existing tender 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 the City of Spokane Vspey, hereinafter called Obligee, and are similarly held and bound unto the beneficiaries of the trust fund created by chapter 80.28 RCW, in the penal sum of 5% of the Contract, which is Twenty Thousand One Hundred Twenty Five and 39/100doftars ($ 20,125.39 ), plus 5% of any increases in the Contract amount that have occurred d or may occur, due to change orders, Increases In the quantities, or the addition of any new Item of work. WHEREAS, on the 23rd day of April , 20 18 the said Principal and Obligee herein executed and entered into the Contrail. WHEREAS, said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5%from monies earned by the Principal on estimates during the progress.of the construction,hereinafter referred to as earned retained funds. WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as allowed under chapter 60.28 RCW. NOW THEREFORE, the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by chapter 80.28 RCW in the aforesaid sum. This bond, including-arty.proceeds therefrotri, is subject to all daims and Hens and in the same manner and priority as set forth for retained percentages in chapter 6028 RCW. The condition of this obligation is also such that if the Principal shall satisfy all payment oblgaions to persons who may lawfully claim under the trust fund purposes of chapter 60.28 ROW to the Obligee, and indemnify and hold the Ogee harmless from any and all loss, costs.and damages that the Obligee may sustain by release of the earned retailed fhnds to the Principal, then upon notification of such satisfaction and release of the Surety by the Obilgee,this obligation shall be null and void. PROVIDED HOWEVER,that: 1. The Surety shall be liable under this obligation as Principal The Surety will not be discharged or released from liability for any act, omission or defenses of any kind or nature that would not also discharge Prindipal. 2. This obligation shall be binding upon and inure to the benefit of the Principal;the Surety,the Obligee, the beneficiaries of the bust fund created by chapter 60,28 RCW and their respective heirs,executors, administrators,successors and assigns. 3. Any suit under this bond must be instituted within the time provided by applicable law. CITY OF SPOKANE VALLEY CONTRACT 57"AVENUE SIDEWALK PROJECT 25 BID NO;18-041• Na bond may be executed In two original rx:ounterparts, and shall be signed by the parties' duly authorized officers. This bond Wit 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(CONTRACTOR) suRErr lers Casualty andiSurety_Corapepyof America W,Iikwe Comma. - PP. P • • turn Surety Signature .7" Dati _ 12-07- 111/171 Thomas V A Davis ?thr ibsdfifiritt Printed Name Isf-Pe/7 r Attorney-in-Fact • • -'1•••;•••=s4;;•• •'•4,L Tele ------ Nam address,and telephoned local office/agent of Surety Company Is: bgneWest Insurance,Inc. 501 N.Riverpoint Blvd..Suite 403:Spokane.WA 92202 509-755-9338 Revise°•1.14 CITY OF SPOKANE VALLEY CONTRACT tim AVENUE SIDEWALK PROJECT 28 BID NO:18-041 1 .:,_ WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 111y ,� POWER OF ATTORNEY ''TRAVELERS J 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 Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 231661 Certificate No. O 0 7 2 8 6 2 0 6 KNOW 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 make,constitute and appoint Thomas V A Davis,Jaclyn R.Kruse,Judith C.Kaiser-Smith,James E.Majeskey H,Judith A.Rapp,Shanalee E.Steele,and Marla J.Davenport of the City of Spokane ,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 fitted'in any-" ions oi[proceedings allowed by law. „. r at. pp IA IN WITNESS WHEREOF,the Companies have caused this ins eni,to be s ned and the coikporate seals to be hereto affixed,this 5th day of July 2017 ' skA', 4. Eti"r t Farmington Casualty C9-134,11Y ti —INN St.Paul Mercury Insurance Company. Fidelity and Guaranty ns ranFt�,..p hpanji j,,, Travelers Casualty and Surety Company Fidelity and Guaranty Insutiice"Underwi'iters,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 G/.BU,1 ( I) y T CE,vJ ' E '*4 � w0.v " 0N : Y `4 "opagiaistoNt 3b '113) 4. v0 o ' F 0� •••sEAL`oli 1471 1:4,.�,,-,-�• N$ M • . v 40A State of Connecticut • By: '` City of Hartford ss. Robert L.Raney,Senior Vice President On this the 5th day of July 2017,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. "TAR Tif7 In Witness Whereof,I hereunto set my hand and official seal. K/, v My Commission expires the 30th day of June,2021. * POBLsp * Marie C.Tetreault,Notary PublicW NY CCP 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Fi1}• 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 UnitecKSIates FidelitSand Guaarinty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compx1141,Aiclvi,s ih+full forpe)nd effect and has not been revoked. " w" IN TESTIMONY WHEREOF,I have hereunto set my hand an a "ice$the-teals of sa rgianies this 3 day of /div't I ,20 ��. v Kevin E.Hughes,Assistant Sec Lary GA54q p���.u•1•v OSP , .FIRE 6 \..IMS , 1N54 �1.TY Apo 'CRY 2 (` c e .r4... PCR. ;NP, oJP�y......,gg1 �J a� tc- esest .C)' EpNMe,,,,,� ®'ft. ; OItV�Nq>FV tos oruirt.r r '� ,t- O 1982 G -.^",vrvu[IJ 'Er,ieC+w�q�` t0 i m i 1 o HARTFORD." 19$1 v s� R ` ♦58AL o -0EA.Lii 1. S8 • 7 bey. Ara :" d4Rnrvc4 O ye'.. v\ .�'+ A s AN 1s..._ r +1 �P+ A!N 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 ACORU DATE(MM/DDIYYYY)CERTIFICATE OF LIABILITY INSURANCE 04/23/2018 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 CONTACT NAME: Parker,Smith&Feek,Inc. PHONE 425-709-3600 FAX 425-709 7460 2233 112th Avenue NE E-MAIL Ext): (NC.No}: Bellevue,WA 98004 ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# INSURER A: Charter Oak Fire Insurance Co. INSURED INSURER B: Travelers Indemnity Co. Wm Winkler Company PO Box 430 INSURER C: Newman Lake,WA 99025 INSURER D INSURER E: INSURER F: 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 POLICIES 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY DTCO6F734249C0F18 4/1/2018 4/1/2019 EACH OCCURRENCE $ 1,000,000 / DAMAGE TO RENTED 500,000 X COMMERCIAL GENERAL LIABILITY X PREMISES(Ea occurrence) $ CLAIMS-MADE n OCCUR MED EXP(Any one person) $ 10,000 X PD Ded:$1,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 / _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000/ 7 POLICY n j�a n Lac $ B AUTOMOBILE LIABILITY DT8106F734249IND18 4/1/2018 4/1/2019 {Ee eBccil EO SINGLE LIMIT 1,000,000 t/ X ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS $ _ AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ $ EXCESS MB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- A DTC06F734249COF18 TORY I IMITS X ER AND EMPLOYERS'LIABILITY 4/1/2018 4/1/2019 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A *�WAStopGap/Employers E.L.EACH ACCIDENT $ 1,000,000✓ OFFICER/MEMBER EXCLUDED? n Liability 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 1(I1,Additional Remarks Schedule,if more space Is required) Project No.0264-8th Avenue Sidewalk project Dickey to Theirman-Spokane Valley,WA.City of Spokane Valley Department of Public Works,the Contracting Agency and its officers,elected officials,employees,agents,and volunteers are an additional insured and coverage is primary and non-contributory on the general liability and automobile liability policies per the attached endorsements/forms.Per project aggregate applies on general liability per the attached endorsement/form. CERTIFICATE HOLDER • CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley Department of Public ACCORDANCE WITH THE POLICY PROVISIONS. Works 10210 E.Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 ©1988 2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD