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12-016.00 Poe Asphalt Paving: Street & Stormwater Maint & RepairOFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY KELLY E. KONKRIGHT - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 ♦ Spokane Valley, WA 99206 509.720.5105 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org January 24, 2012 Poe Asphalt Paving, Inc. 2732 North Beck Road Post Falls, ID 83854 Re: Implementation of 2012 option year, Contract No. 09 -003, for Agreement for Street and Stormwater Maintenance and Repair Services, No. 07 -008, executed March 13, 2007 Dear Mr. Griffith: The City executed a contract for provision of Street and Stormwater Maintenance and Repair Services on May 1, 2007 by and between the City of Spokane Valley, a code City of the State of Washington, 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 fifth of seven possible option years that can be exercised and runs through December 31, 2012. The City would like to exercise the 2012 option year of the Agreement. The Compensation as outlined in Exhibit A, 2012 Cost Proposal, includes the labor and material cost negotiated and shall not exceed $1,685,119. The contract includes $140,000 for snow removal operations. The history of the annual renewals is set forth as follows: Original contract amount ........... ..............................$ 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 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 2012 option year, please sign below to acknowledge the receipt and concurrence to perform the 2012 option year. Please return two copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY / '�' , /,A Mike Jac ,City Manager POE ASPHALT PAVING, INC. i e Title A' ity Clerk APPROVED AS TO FORM: A. Office q the Cit orney EXHIBIT "A" 2012 Cost Proposal 2012 Equipment Costs 2012 Street Maintenance Snow Operations - 90% Wages $60.72 Labor Hourly Overtime Superintendent $46.31 $46.31 Foreman $46.31 $62.33 Operator $44.46 $58.49 Teamster $42.51 $54.20 Laborer $39.15 $50.88 2012 Equipment Costs 2012 $60.72 Snow Operations - 90% Wages $60.72 29 End Dump Labor Hourly Overtime Superintendent $44.68 $44.68 Foreman $44.68 $57.41 Operator $41.77 $53.83 Teamster $39.63 $50.15 Laborer $35.64 $46.29 2012 Equipment Costs 38 KW Tractor $60.72 22 End Dump $60.72 29 End Dump $60.72 40 End Dump $60.72 56 End Dump $60.72 60 End Dump $60.72 23 Super $81.47 24 Super $81.47 25 Super $81.47 27 Super $81.47 28 Super $81.47 257 Water Truck $45.03 259 Water Truck $60.72 205 Tack Truck $45.03 273 Service Truck $39.47 230 F250 $16.19 300 F150 $16.19 202 F450 $27.07 208 F450 $27.07 2471`550 $27.07 75 Lowbed $37.44 102 Pup $21.25 103 Pup $21.25 187 Pup $21.25 188 Pup $21.25 197 Belly Dump Trailer $21.25 144 Tilt Trailer $26.57 131 Trailer $15.94 132 Trailer $15.94 149 Trailer $15.94 461 Grade Roller $55.15 406 DD34 Roller $44.78 411 Roller $44.78 418 Roller $65.78 416 Roller $79.95 505 Bomag $86.02 524 Blawknox $177.10 722 John Deere 210 $50.60 718 Huber $55.66 711 Cat 160 $86.53 828 Broce Broom $55.66 926 Tack Trailer $16.19 421 Plate Wacker $5.36 946 Saw $26.57 2012 Material Costs 112" PG64 -28 50 Gyro - liguid cost @ 547.50* $51.27 1/2" PG70 -28 7S Gyro - liguid cost @ 547.50* $53.27 1/2" PG70 -28 100 Gyro - liguid cost @ 547.50* $51.01 Top Course (5/8) $6.30 Overhead and Profit Fee Costs Direct Costs 22% Subcontractors 1 8% *Price adjustments based on WSDOT 5- 04.4.OPT2.GR5 PAYMENT BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Public Work) Hartford, Connecticut 06183 Bond No.: 105708801 KNOW ALL BY THESE PRESENTS, That we, Poe Asphalt Paving Inc as Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto the city of Spokane valley , as Obligee, in the sum of one million, six hundred eighty five thousand, one hundred nineteen dollars and 001100 U.S. Dollars ( 1,685,119.00 )for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee, dated February 8_2012 , for Stre and Stormwater Maintenance and Repair Services, No. 07 -008 ('Contract "). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or incorporated in the performance of the construction work to be performed under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: I . A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and /or materials and said labor and /or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and /or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and /or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which Claimant last supplied the labor and /or materials for which the claim is made; or (2) the limitation. period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and /or materials for which the claim is made; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. Payment Bond - Page 1 of 2 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 6. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraph 3 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 8th day o Feb , 2012 . Po Asphalt Paving Inc _ (Principal) v By: / l Travelers Casualty and Surety Company of America By l�l o o � S�. C , -Q � Della J Allen , Attorney -in -f=act CS-1011 -0905 Payment Bond - Page 2 of 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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. 223336 Certificate No. 004101532 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. N; 28th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2011 = x s , 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 � .f� I'� JV Fl0.E6� O } �N M �//S• `9 'ypt gp �iY ANQ � � " "„ ��YY'Y� �' .[fie c - r @ ` .,y t Tf1P� 'P .2 •s '} P O l } _" L e t 9 �yOP POR„ ;i Ci PON f, „ 9� �PORA1tD Z �l F,m �W:C�R A ,S HnRtfCHO, T� � 1896 WMHg1ti� Z 1977 1951 � 4,SEAL3o1 CONN. coNH ' °' State of Connecticut City of Hartford ss. 2011 On this the , before me personally appeared George W. Thompson, who acknowledged day of 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. .Ter _ In Witness Whereof, I hereunto set my hand and official seal. W � My Commission expires the 30th day of June, 2011. Mane C. Tetreault, Notary Public 28th By: Georg Thompson, enior ice President 58440 -4 -09 Printed in U.S.A. THIS THE RED February THIS POWER OF ATTORNEY IS INVALID 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 Attomeys -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, Kori M. Johanson, 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_ 6s Fideiiiy 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 ofsaid Companies this day of ...� 20 1 Kori M. Johans Assistant Secretary G q FARE 6 �W �M ,NS ♦tY qN I.SU !) J 4 ♦ .. ». .;PG at (Iq JP 0 �y.OSUq�k� F�YM� p e v � 1977 ^ 1 ' 9 ° € :sEAG 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. OF ATTORNEY IS INVALID WITHOUT THE RED PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND Hartford, Connecticut 06183 (Public Work) Bond No.: 105708801 Poe Asphalt Paving Inc as: Princi al and KNOW ALL BY THESE PRESENTS,. That we, P �. Travelers. Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto the City of Spokane Valley , as Obligee, in the sum of one million, six hundred eighty five thousand, one hundred nineteen dollars & 00/100 Dollars ( 1,685,119.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee dated February 8 2012 for Street and Stormwate Maintenance and Repair Services No. 07 8 ( "Contract) NOW, THEREFORE, the condition of this obligation is such that if Principal shall perform the Construction Work to be done under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder shall not arise unless Principal is.in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: I . Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified; contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work. pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under. the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the Construction \/York pursuant to paragraph I above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount, payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work under the Contract, excluding warranty work. If this bond is provided to Performance Bond - Page 1 of 2 comply with bond statutes in the location where the Construction Work is being performed, and the bond statutes contain a statute of limitations for suits on the performance_ bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work. 6. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated,. or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 7. This bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for the use of any person or entity other than the named Obligee. 8. This bond is provided to comply with applicable statutory or other legal requirement for performing construction contracts for public owners in the location where the Construction Work is being performed. Except as provided in paragraph 5 above, all provisions in the bond which are in addition to or differ from applicable statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed this 8th day of Poe Asphalt Paving Inc J By. Travelers. Casualty and Surety Company of America B o o o Q_� Y� Della J Allen _ Attorneyin-Fact CS -1015 -0905 Performance Bond - Page 2 of 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED POWER OF ATTORNEY TRAVELERS J 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 Attorney -In Fact No. 223336 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. 004101531 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 C'larkcton , 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. e . ? 28th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2011 Farmington Casualty Company 1000 St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul. Fire and Marine Insurance Company St. Paul Guardian Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASU.1 $��,'y"�.jp��,� y F10.E 6 0.N �Nf •1 1NSUq P ITV ANp N,p -' +�/• �Y� �,' <�` Ci',y- � 4 .� Q�. r .. ..,,G� `v P • ..- ....... 9 � Pq a m� 4 � 4 o°�� Po MCOAFORATED °. z � °oav "A> m W:'W f'�t w m HARfF6R0. (•: PPONgl' 1^ 1 u � S'; ` CoNN. o� n b SEAL % O s ' c Q b e �J � !� sv e e d • ••.......yaAf � >.'••., :ad d �a � � ,�+�� 4yn dT' y . �. i 1` 4 y „ �, n n c ls.: »� 1S ...�. •' < nN AIN State of Connecticut City of Hartford ss. On this the 28th February 2011 By: Georg Thompson, enior ice President , before me personally appeared George W. Thompson, who acknowledged day of 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. �0.1 ET� In Witness Whereof, I hereunto set my hand and official seal. TNi My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED 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, Kori M. Johanson, 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 Unit tes 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 Coin q which i i n full ` force ar d and has not been revoked. V R v 1 IN TESTIMONY W affixed HEREOF, I have hereunto set my hand and aed the seals of said Companies this day of _ rW—&.,rti 20 `o ®'� ' i � .� `� ` 41 % N Kori M. Johann Assistant Secretary GASU,� F I.N �Mf ,�1NSU/�, „TY 4Hp C7 ;. '�Oa sb aa 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 A �1 ® AC�RL7 CERTIFICATE OF LIABILITY INSURANCE DATE (MMiDDNYYY) 2 /82012 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 pollcy(les) 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 Agency 616 5th St. PO Box 9 Clarkston WA 99403 CONT NAME C Della Allen : PHO . (509) 758 -5529 FAX No : (509)758 -5311 dallen @stonebrakermcquary.com INSURERS AFFORDING COVERAGE NAIC INSURERA:The Phoenix Ins Co 25623 INSURED Poe Asphalt Paving, Inc. PO Box 449 Lew19ton ID 83501 INSURERB:Travelers Indem Co of Conn 25682 INSURERC:Travelers PXOPOrtY CasUaltY CO 3 6161 INSURERD:Stat Insurance Fund INSURER E : COMBINED SINGLE _. INSURGRF: BODILY INJURY (Per person) I+IJVtKAV tJ �.Gn urwr+� �. i•v....�.. - -• --- - ----- POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. ODL SUB POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE POLICY NUMBER MMIDDNYY MMIODNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 OJ_=E n EN TED 31J0 ODD X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS -MADE OCCUR DTCO1537P996PHX11 1/1/2011 1/1/2012 ME.EXP (Any .one person) $ 5,000 X Stop Gap Liability PERSON AL &ADVINJURY $ 1,000,000 GENERAL ACCRECATE 2,000, PRODUCTS - COMP /OP AGG. $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PROT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE 1,000,000 BODILY INJURY (Per person) $ X B ANY AUTO ALL OWNED SCHEDULED DT 8101537P996IND11 1/1/2011 1/1/2012 BODILY INJURY (Per accident) $ AUTOS N N -OWNED X X PROPERTY DAMAGE Para.. t $ HIREDAUTOS AUTOS $ Medical payments X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ T000,070 , 000 , 000 AGGREGATE $ 4,000,000 C EXCESS LIAB CLAIM&MADE X 10,000 $ 9MCU61637V996TIL11 1/1/201 1/1/2012 DED RETENTION$ STATT- 0 D WORKERS COMPENSATION E.L. EACH ACCIDENT $ 500 000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/F�CUTIVE E. L. DISEASE - EA EMPLOYEE S 500,000 OFFICERIMEMBEREYCLUDED? NIA 78551 0/1/2011 0/1/2012 (Mandatoryin NH) E.L DISEASE: POLICY LIMIT $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below . DESCRIPTION OF OPERATIONS I LOCATIONS 1 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 2012 Street & Stormwater Maintenance project #07 -008. Insurance is Primary and Noncontributory: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE _DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 11707 E Sprague Ave Ste 106 AUTHORIZED REPRESENTATIVE Spokane Valley, Th 99206 la Allen /DELLA v2t � ° CDi a- - ° =� n 19sR_2010 ACORD CORPORATION. All rights reserved. INS025 (201005101 The ACORD name and logo are registered marks of ACORD