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CONSTR UCTION AGR EEMENT INDIAN HILLS PAR K PLAY GR OUND SLAB BETWEEN CITY OF MOSCOW, IDAHO AND MCCALL'S CLASSIC CONSTR UCTION, INC. THIS CONSTRUCTION AGREEMENT INDIAN HILLS PARK PLAYGROUND SLAB BETWEEN CITY OF MOSCOW, IDAHO AND MCCALL' S CLASSIC CONSTRUCTION, INC. (hereinafter "Agreement"), dated this la_ day of ll-DS CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE I OF 5 ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated, and required under the Contract Documents for City project (hereinafter "Project") titled: "Indian Hills Park Playground Slab" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall be substantially completed on or before thirty (30) calendar days from the commencement of work. All work shall be completed within this described time frame unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM City shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds in an amount not to exceed Sixty One Thousand Nine Hundred Seven Dollars and Fifty Cents ($61,907. 50) for Base Bid, as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of Sixty One Thousand Nine Hundred Seven Dollars and Fifty Cents ($61,907.50) unless otherwise authorized by City. Ariy such increase in work shall be compensated in accordance with pricing terms specified in bid documents. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The Parties warrant by their signature that no employer-employee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the Parties hereto that Contractor is an independent contractor and, as such, neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. · ARTICLE 6. SCOPE OF SERVICES Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this Project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted City by the Contract Documents, Contractor shall indemnify and hold harmless the City, its officers, employees, and engineers, from all suits, actions, or claims of any INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE20F 5 ---PAGE BREAK--- character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of Contractor or its subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of Contractor or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Project which would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and City. ARTICLE9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement and the exhibits hereto (if any) contain the entire agreement between the Parties, and no statements, promises, or inducements made by either Party, or agents of either Party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the Parties hereto. Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of City. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and hold harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by Contractor, Contractor's employees, or its subcontractors. ARTICLE 11. LEGAL FEES In the event either Party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing Party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE3 OF 5 ---PAGE BREAK--- ARTICLE 12. JURISDICTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event oflitigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. ARTICLE 13. SPECIAL WARRANTY Contractor declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Agreement. Any such activity by Contractor shall make this Agreement null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the Parties at the following address: Contractor: McCall's Classic Construction, Inc. 945 Beachview Boulevard Clarkston, Washington 99403 ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0Box9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. Contractor: McCall's Classic Construction, Inc. City: City of Moscow, Idaho INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE40F 5 ---PAGE BREAK--- STATE OF fVt1,3h1 r:yf.a-n County of & o l h ACKNOWLEDGMENT ) ) :ss ) On this J. S day of o 2017, before me, the undersigned, a Notary in and for said State, personally appeared R dal McCall, known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he executed the same in his capacity as r_,o Y1 e v for McCall's Classic Construction, Inc. ...JI I 111111111111111111111 Notaublle : State of Waablnpon E CINDY L MILOT J - - ; MV COAK,LMNOPOQRPIAES S - •111111mmm11111111111111111n1111111a INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION C1fhd,J PAGE50F5 ---PAGE BREAK--- 0. 798-8946 F_ 798-0786 945 Beachview Blvd. Clarkston WA. 99403 WORKING THE QUAD - CITIES NEXT THE WORLD Submitted to City of Moscow Attn: Scott Bontrager De.7crintion THIS WORK INCLUDES Mobilization 6" Thick Reinf Concrete Slab 6" Thick Reinf Concrete Sidewalk Misc. Demo and Excavation Traffic Control DATE Washington Contractors Registration No. MCCALCC024Kl Public Works Contractors License No. 14493-A-4 ( 7,9, 16.22-32-43) I LS 600 SY 255 SY 1 LS 1 LS PROJECT Indian Hills Park $ 4,000.00 $ 61.50 $ 76.50 $ 1,000.00 $ 500.00 Here is our adjusted proposal per our conversation regarding finishing of playground pad. Proposal 817/2017 Amount $ 4,000.00 $ 36,900.00 $ 19,507.50 $ 1,000.00 $ 500.00 As I had mentioned earlier. If a performance and payment bond is not required we could reduce our Price by approx. If you would like to do so our price would be approx. $60,000.00 Excludes Engineering, Staking. Surveying, Permits, and Buy in Fees. Total $ 61,907.50 W.S.S.T. 0.0% Total With Tax $ 61,907.50 INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE I OF 13 ---PAGE BREAK--- PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION DRAWINGS, SPECIFICATIONS AND PROPOSAL FOR: INDIAN HILLS PARK PLAYGROUND SLAB CITY OF MOSCOW PROJECT NO. 113-017 INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE20F 13 ---PAGE BREAK--- CITY OF MOSCOW, IDAHO Public Works Department Engineering Division 221 East 2nd Street (208) 883-7034 Plans, Specifications and Proposal For INDIAN HILLS PARK PLAYGROUND SLAB CITY OF MOSCOW PROJECT NO. 113-017 CITY ENGINEER: KEVIN LILLY, P.E. INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE3 OF13 ---PAGE BREAK--- Specifications & Bidding Conditions INDIAN HILLS PARK PLAYGROUND SLAB City of Moscow, Idaho This project consists of the installation of approximately 600 square yards of 6" thick reinforced concrete slab in the Indian Hills Park. This project will also include the installation of approximately 255 square yards of 6" reinforced concrete pathway as shown on the construction plans and herein described in these specifications. Note: All quantities are approximate, planned and actual quantities may vary. Specifications: All work to be in accordance with the City Standard Construction Specifications and Standard Construction Drawings. Mobilization This item shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of offices, buildings and other facilities necessary for the work on the project; for premiums on bond and insurance for the project; for all other work and operations which must be performed or costs incurred before beginning production work on the various contract items. Mobilization cost for subcontracted work shall be considered to be included in the prices bid by the prime contractor. Measurement for Mobilization shall be lump sum. Payment for this item shall be at the price shown on the Contractor's Proposal, according to the above guidelines, and shall include all materials, labor, equipment and incidentals to do the work for: 1. Mobilization L.S. 2. SIX-INCH THICK REINFORCED CONCRETE SLAB This work shall consist of, but not limited to, the installation of concrete slab for the playground equipment. The installation shall be in accordance with the Project Plan, Engineering Specifications ES-11 CONCRETE, ES-12 CONCRETE CONSTRUCTION in The City of Moscow Standard Specifications. In addition to the 6-inch thick concrete surface and 6-inch thick base aggregate, reinforcement shall be #4 rebar 18" o.c. placed in the middle of the slab. Drainage holes consisting of a 3" sleeve punching through the depth of the slab shall be place at the low comers of the slab. INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE40F 13 ---PAGE BREAK--- This item includes everything required to complete this work including, but not limited to labor, base rock, materials and equipment. Measurement and Payment: SIX-INCH THICK REINFORCED CONCRETE SLAB shall be paid per square yard. Payment shall be as shown on the Contractor's Proposal and shall include base rock, excavation, all materials, labor, equipment, and incidentals necessary to perform the work for: SIX-INCH THICK REINFORCED CONCRETE SLAB S.Y. 3. SIX-INCH THICK REINFORCED CONCRETE SIDEWALK This work shall consist of, but not limited to, the installation of concrete sidewalk, pedestrian curb, and pedestrian ramp. The installation shall be in accordance with the Project Plans, Engineering Specifications ES-11 CONCRETE, ES-12 CONCRETE CONSTRUCTION, ES-14 CONCRETE SIDEWALK in The City of Moscow Standard Specifications, and the Standard Drawings. In addition to the 6-inch thick concrete surface and 6-inch thick base aggregate, pedestrian ramps shall include furnishing and installing cast-in 'truncated domes' into the surface of the concrete according to the manufactures instructions. The detectable warning surface shall be YELLOW in color and selected from the Idaho Transportation Department's Qualified Products List or as approved by the Engineer. Embossing or stamping the wet concrete to achieve the truncated dome pattern or using a mold into which a catalyst-hardened material is applied shall not be allowed. Unless shown on the Plans, no splicing of multiple warning surface panels will be allowed; the panels shall be ordered and installed to the width of the pedestrian ramp. The contractor shall keep a person at the job site for a minimum of four hours following the concrete surface brooming operation for the purpose of both preventing and repairing any damaged surfacing to the newly placed concrete. Concrete left unattended, if damaged or defaced, shall be replaced at contractor expense. The Contractor shall patch, repair, and/or replace all existing work immediately adjacent to the newly constructed sidewalk, such that adjacent area is left in its original state. It is the Contractor's responsibility to adhere to the Americans with Disabilities Act (ADA). The standards to which pedestrian facilities must be in compliance with is found in the Public Rights-Of-Way Accessibility Guidelines (PROWAG) http://www.ncce board.gov/, The contract documents are intended to assist the Contractor in constructing ADA compliant pedestrian facilities. It is the Contractor's sole responsibility to construct pedestrian routes in compliance with the accessibility standards of the ADA. Any concrete pedestrian ramp found to be out of compliance with the ADA requirements shall be re laced at the Contractor's ex ense. INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE 5 OF 13 ---PAGE BREAK--- This item includes everything required to complete this work including, but not limited to labor, base rock, materials and equipment. nnd SIX-INCH THICK REINFORCED CONCRETE SIDEWALK shall be paid per square yard. Payment shall be as shown on the Contractor's Proposal and shall include base rock, excavation, all materials, labor, equipment, and incidentals necessary to perform the work for: SIX-INCH THICK REINFORCED CONCRETE SIDEWALK S. Y. 4. MISC. DEMO AND EXCAVATION This work shall consist of, but not limited to, site preparation for the pedestrian drop location. This item includes saw cutting, removing and disposing of existing concrete curb and sidewalk in preparation of the 8' pedestrian drop as shown in the project plans. Excavation and disposal of material in the green strip is also included in the item. MISC. DEMO AND EXCAVATION shall be paid lump sum. Payment shall be as shown on the Contractor's Proposal and shall include, excavation, labor, equipment, haul, dump fees, and incidentals necessary to perform the work for: MISC. DEMO AND EXCAVATION L.S. 5. TRAFFIC CONTROL This item shall consist of, but not limited to, furnishing all necessary materials, labor, equipment and incidentals necessary to adequately sign, flag and direct vehicular traffic and pedestrians through or around the project. Traffic control must conform to the requirements of ES-2 TRAFFIC CONTROUR.O.W. USE PERMITS, the Manual on Uniform Traffic Control Devices (MUTCD) and these Specifications. A proposed Traffic Control Plan (TCP) is included in the project plan. Additional TCPs may be required as the project progresses. TCPs must be approved by the Engineer prior to the commencement of any work The Contractor can choose to adopt the TCP provided in the Plans or can supply their own Traffic Control Plans prepared by a Traffic Control Supervisor. pproval of oonstna ti n signing and Hagging assignment mu L be made in the field by th Engineer prior to any paving operations. A sufficient number of barricades and flashers shall be provided to warn of disturbed areas through the work zone. Signing plans must be prepared and approved for general access of local traffic during the evening as well. Local access points provided for and identified in the traffic INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE60F 13 ---PAGE BREAK--- control plans, furnished by the Contractor, must transition safely into the construction area and must be maintained by the Contractor. Appropriate advance warning must be provided on all approaches to the construction. Signing must be done in accordance with the latest edition of the MUTCD. When flagging is to be used, an adequate number of certified flaggers must be . provided for each movement of traffic. 111e Contractor shall have flagging vests and stop paddles on the job for use in flagging operations. The Contractor must be prepared to provide unexpected signing if construction operations dictate the need. The Contractor must also provide an individual to fw1ction as a contact for Traffic Control Maintenance in evenings and weekends. Pedestrian traffic shall be restricted in the project area. 111e Contractor shall provide and place sidewalk closure and detour signage as necessary to adequately route pedestrian traffic around the site in a manner that minin1izes "back-tracking" and additional walking distance. This shall be included in the traffic control plan and must be approved by the Engineer prior to beginning the work. Measurement and Payment Measurement and payment for TRAFFIC CONTROL shall be by lump sum as shown on the Contractor's Proposal for all materials, labor, equipment, and incidental costs necessary to complete the work for: TRi\FFIC CONTROL L.S. Bidding Conditions: 1. Contractor shall furnish a sealed, written and signed bid (on Bid Proposal form) to perform this work to Engineering Division Admin. Assistant Sandra Collins at 221 E. 2"d St. (the Mann Bldg.) Or bids may be submitted by e-mail to scollins ci.mosco\ .id.us by 2:00 p.m., Prevailing Local Time, Friday, August 4, 2017. The City reserves the right to reject any and all bids. 2. Bid bond is not required. 3. Performance and payment bonds are required. The Contractor shall be required to execute a separate performance bond and payment bond, each in penal amow1ts at least equal to one hundred percent (100%) of the of the full Agreement price, such bonds to be executed by a corporate bonding company (surety) licensed to do business in the State of Idaho and which is acceptable to CITY. 4. Furnish the bid in accordance with the following Bid Proposal: INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE70F 13 ---PAGE BREAK--- TO: Public Works Department City of Moscow, Idaho BID PROPOSAL Date: _ This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, hereinafter referred to as the 'CITY' for INDIAN HILLS PARK PLAYGROUND SLAB, (hereinafter "Project"), specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All Project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he/she has received or made himself/herself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. Proposal Guarantee (Bid bond) is not required with bid submittal. The undersigned further agrees that CITY shall have the right to accept or reject any bid which rejection or acceptance is deemed to be in the best interest of CITY. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Number through have been delivered to him/her and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in the specifications. 10. The undersigned holds Idaho State Contractor's License Number INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGES OF 13 ---PAGE BREAK--- 11. Tue undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Wormation herein must comply with Idaho Code Section 67-2310 and IB-16: . Subcontractors Trade Specialtv Idaho Public Works license No. $Amount 12. Tue undersigned proposes to furnish labor, equipment and services of all kinds required for INDIAN HILLS PARK PLAYGROUND SLAB as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE90F 13 ---PAGE BREAK--- BASE BID SCHEDULE Item Item Description Quantitit Unit Price Total Price ! Y.!li! 1. Mobilization 1 LS $ $ 2. Six-Inch Thick Reinforced Concrete Sidewalk 600 SY $ $ 3 Six-Inch Thick Reinforced Concrete Sidewalk 255SY $ $ 4. Misc. Demo and Excavation 1 LS $ $ 5. Traffic Control 1 LS $ $ Bid Total $ Finn Name of Bidder Bidders Mailing Address Signature of Bidder Public Works License No. Official Title State of Incorporation if Incorporated SEAL (if incorporated) Dated at This day of ı 2017. INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE 10OF13 ---PAGE BREAK--- 84'- I 60' % 8' LEGEND " _ l 68 INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION ¸ . . • ·KOlLM . · PAGE 11OF13 ---PAGE BREAK--- 2009Edition Figure 6H-28. Sidewalk Detour or Diversion (TA-28) t SIDEWALK DETOUR SSOll3 dl!13 nv1.1aJS ' t SIDEWALK DIVERSION Typical Application 28 Note: See Tables 6H-2 and 6H-3 for the meaning of the symbols and/or letter codes used in this figure. December 2009 INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION Page 689 36 inches MIN. Sect. 6HOI PAGE 12OF13 ---PAGE BREAK--- 2009 Edition Figure 6H-6. Shoulder Work with Minor Encroachment (TA-6) A December 2009 INDIAN HILLS PARK PLAYGROUND SLAB CITY AND McCALL'S CLASSIC CONSTRUCTION t • • Typical Application 6 Note: See Tables 6H-2 and 6H-3 for the meaning of the symbols and/or letter codes used in this figure. Trucl<-mounted attenuator (optional) Buffer space (optional) Page 645 Sect. 6H,Ol PAGE 13 OF 13 ---PAGE BREAK--- Ī MCCACLA-01 M'lUl':RRlnE ·ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE 08/25/2017 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 have ADDITIONAL INSURED provisions or 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER S2!'!.I˹cT Lesha Stonebraker McQuary 616 5th St. rH8. Ntl'o Extl: (509) 758-5529 I Fffc No1:(509) 758-5311 PO Box9 [EMAIL REDACTED] Clarkston, WA 99403 INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Continental Western Insurance INSURED INSURER B: McCalls Classic Construction INSURER C : 945 Beachview Blvd. INSURER D: Clarkston, WA 99403 INSURER E: INSURER F: • 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. NOlWITHSTANDING 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. rNM TYPE OF INSURANCE īRJIĬ .IJ POLICY NUMBER POLIC.Y EFF POLICY EXP LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s µ D CLAIMS-MADE CK] OCCUR x ĮPA2960892 12110/2016 12/10/2017 DAMAGE ENTED s MED EXP IAnv one oersonl s PERSONAL & ADV INJURY s rL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY CRJ Jr& D Loc PRODUCTS ·COMP/OP AGG $ OTHER: s A GTOMOBILE LIABILITY COMBINED SINGLE.LIMIT ¶ ...(Ea˻r1'tonn ANY AUTO CPA2960892 12/10/2016 12/10/2017 BODILY INJURY IPer oersonl s OWNED - SCHEDULED AUTOS ONLY ´ AUTOS BODILY INJURY ˺racddem\ s lfMsoNLY I8{!1ooA'> ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- Bond No. 106775299 Document A312TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status jnd address) McCall's Classic Construction, Inc. 945 Beachview Blvd Clarkston, WA 99403 OWNER: (Name, legal status and address) City of Moscow 206 East Third Street Moscow, ID 83843 CONSTRUCTION CONTRACT Date: August 25, 2017 Amount:$ 61,907.50 Description: (Name and location) SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 061 83 Mailing Address for Notices One Tower Square Hartford, CT 061 83 This document has Important legal consequences. Consultatlon with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Sixty One Thousand Nine Hundred Seven Dollars and 50/100 Indian Hills Park Playground Slab, City of Moscow, Project No. 113-017 BOND Date: August 29, 2017 (Not earlier than Co11stn1c1ion Contract Date) Amount:$ 61,907.50 Sixty One Thousand Nine Hundred Seven Dollars and 50/100 Modifications to this Bond: IZJ None D Sec Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Co1porate Seal) McCall's Classic Construction, Inc. Travelers Casualty and Surety Company of America f P Signature. t I Name and Title: M It1)/ -F (Any additional signatures appear on the last page of this Pe1for111ance Bond.) (FOR INFO/tlt!A.110N ONLY -Name, address and tcleplrone) Signature: Name Shanalee E. Steele and Title: Attorney-in-Fact AGENT or BROKER: PayneWest Insurance, Inc. OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) 501 N. Riverpoint Blvd., Suite 403 Spokane, WA 99202 [PHONE REDACTED] S-1852/AS 8110 ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perfonnance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor perfonns the Construction Contract, the Surely and the Contractor shall have no obligaUon under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety· that the Owner is considering declaring a Contractor Default. Such notice shull indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's pcrfonnance. Jf thc Owner docs not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (JO) business days oflhe Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reosonoble time to perfonn the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, tcnninatcs the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perfonn the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner hus satisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, lo perform and complete the Construction Contract; § 5.2 Undertake to pcrfonn and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors ucceptuble to the Owner for a contract for perfonnance and completion of the Construction for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with pcrfonnancc and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 6.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section S with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days afier receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. Ifd1e Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S· 1852/AS 8/1 0 ---PAGE BREAK--- § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities or the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject lo the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 .2 .3 the responsibilities of the Contractor for correctfon of defective work and completion of the. Construction Contract; additional legal, design professional and delay coslŶ resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-perfonnance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surely shall not be liable lo the Owner or others for obligations of the that arc unrelated to the Construction Contract, and the Balance or the Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond lo uny person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 1 0 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 1 1 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or purt of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after tl1e Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Dond, whichever occurs fir.1L If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available lo sureties as a derense in the jurisdiction of the suit shall be applicable. § 1 2 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was lo be performed, any provision in this Dond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confo1ming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as 11 common law-bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf orthe Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner nnd Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to pcrfom1 and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between u Contructor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed lo be Contractor. S· 1 852/ AS 8/1 O ---PAGE BREAK--- § 16 Modilicnlions lo this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Tille: Signature: Name and Tille: Address Add res.² S-1 852/AS 8/10 ---PAGE BREAK--- Bond No. 106775299 Document A312TM - 2010 Confonns with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) McCall's Classic Construction, Inc. 945 Beachview Blvd Clarkston, WA 99403 OWNER: (Name, legal status and address) City of Moscow 206 East Third Street Moscow, ID 83843 CONSTRUCTION CONTRACT Date: August 25, 2017 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 061 83 Malling Address for Notices One Tower Square Hartford, CT 061 83 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference lo Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $ 61,907.50 Sixty One Thousand Nine Hundred Seven Dollars and 50/100 Descriplion: (Name and location) Indian Hills Park Playground Slab, City of Moscow, Project No. 113-017 BOND Dute: August 29, 2017 (Not earlier than Construction Contract Date) Amount: $ 61 ,907.50 Sixty One Thousand Nine Hundred Seven Dollars and 50/1 00 Modilicalions Lo Lhis Bond: IBJ None D See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) McCall's Classic Construction, Inc. Travelers Casualty and Surety Company of America Signn Name and Title: NL i (Any additional signatures appear on the fast page of this Payment Bond.) (FOR /NFOR.\lATION ONLY -Name, address and telephone) AGENT or BROKER: PayneWest Insurance, Inc. 50 1 N. Riverpoint Blvd., Suite 403 Spokane, WA 99202 [PHONE REDACTED] S-2149/AS 8t10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contract, which is incorporated herein by reference, suhject to the following tenns. § 2 If the Contractor mukes payment of all sums due to Claimants, and defends, indemnifies and holds hannless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Conslruction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 Iflhere is no Owner Default under lhe Construction Contract, the Surety's obligation to the Owner under lhis Bond shall arise after the Owner has notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the perfonnance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, slitting with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or perfonned, within ninety (90) days after having last pcrfonncd labor or last furnished materials or equipment included in the Claim; und .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall uncl at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to lhe Owner, within sixty (60) days ufter receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or ammge for payment of any undisputed amounts. § 7.3 The Surety's failure Lo discharge ils obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount ofreasonuble attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Consttuction Contract shall be used for the perfonnance of the Construction Contract and to satisfy claims, if any, under any construction pcrfonnance bond. By the Contractor furnishing and the Owner accepting this Dond, they agree that llll funds earned by the Contractor in the perfonnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work . . S-2149/AS 8/1 0 ---PAGE BREAK--- § 1 0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants Wlder this Bond. § 1 1 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 1 2 No suit or action shall be commenced by a Claimant under this Bond other than in a court of coinpetentjurisdiction in the state in which the project that is the subject of the Construction Contract· is located or after the expiration of one year from the date on \Vhich the Claimant sent 11 Claim to the Surety pursuant to Section 5.1.2 or 5.2, or on which the lost labor or service was perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever or or first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 1 3 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of nolice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 1 6 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall furnish a copy of this Dond or shall permit a copy to be made. § 1 6 Definitions § 1 6.1 Clalm. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name oflhe person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant" to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the perfonnance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 lhe total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this I3ond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental used in the Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 1 6.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made Lo the agreement and lhe Contract Documents. S·21 49/AS 8/1 0 ---PAGE BREAK--- § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, lo pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material tenns of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 lfthis Bond is issued for an agreement between a Contractor and subcontractor, the tenn in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor. § 18 Modilicnlions Lo this bond are as follows: {Space is provided he/ow for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Signature: Name and Title: Address Address S-2149/AS 8/10 ---PAGE BREAK--- .H TRAVELERS J 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 Surety Bond No. 106775299 OR Project Description: Indian Hills Park Playground Slab, City of Moscow, Project No. 1 13-017 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: McCall's Classic Construction, Inc. Obligee: City of Moscow 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 Shanalee E. Steele of the City of Spokane , State of WA , their true and lawful Attorney-in-Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 24th day of June, 2016 . 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 State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney, Senior Vice President On this the 24th day of lune , 2016, 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. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of lune, 2021. Ma;ie C. Tetreault, Notary Public ---PAGE BREAK--- 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 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 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, Fldellty 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 29th day of 2017 . August Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, ca/1 1-[PHONE REDACTED] 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.