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CONSTRUCTION AGREEMENT WELL No.10 CONNECTION-2016 BETWEEN CITY OF MOSCOW, IDAHO AND SANDRY CONSTRUCTION COMPANY, INC. THIS CONSTRUCTION AGREEMENT WELL No. 10 CONNECTION - 2016 BETWEEN CITY OF MOSCOW IDAHO AND SANDRY CONSTRUCTION COMPANY, INC. (hereinafter "Agreement"), dated this L day of March, 2017 by and between the City of Moscow Idaho, a municipal corporation of the State ofldaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and Sandry Construction Company, Inc., 4007 E. Trent, Spokane, WA 99202 (hereinafter "Contractor"); W I T N E S S E T H : WHEREAS, pursuant to the invitation of City through a "Solicitation For Bids", Contractor submitted a proposal containing an offer invited by said notice; and WHEREAS, City has determined that said offer was the lowest responsive bid; and WHEREAS, City has accepted Contractor's bid; NOW THEREFORE, the parties to this Agreement, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City and Contractor concerning the work to be performed are this Agreement, pages one through five ( 1 through and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Well No. 10 Connection -2016 3. Bid/Proposal of Contractor, dated February 7, 2017, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. Addenda issued prior to opening of bids: total of one ( 1 7. Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Contract Documents other than those listed in Article 1. This Agreement may only be amended by change order as provided in the General Conditions. WELL No. 10 CONNECTION - 2016 CITY AND SANDRY CONSTRUCTION COMPANY, INC. PAGE 1 OF 5 Z-0 (7-07.-0 ---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: "Well No. 10 Connection -2016" ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall be substantially completed by August 11th, 2017. The work shall be completed within Thirty (30) calendar days from the commencement of work. No additional time has been awarded for acceptance of Bid Alternate Final Completion of all work shall be accomplished within fifteen (15) calendar days after receiving Substantial Completion. All work shall be completed within these described time frames 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 One Hundred Twenty Eight Thousand One Hundred Dollars ($128,100.00) for Base Bid with Alternate Bid Item #1 -Class C Backfill, as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of One Hundred Twenty Eight Thousand One Hundred Dollars ($128,100.00) unless otherwise authorized by the City. Any 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. ARTICLE 5. 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. WELL No. I 0 CONNECTION -2016 CITY AND SANDRY CONSTRUCTION COMPANY, INC. PAGE 20F5 ---PAGE BREAK--- 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 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. WELL No. 10 CONNECTION - 2016 CITY AND SANDRY CONSTRUCTION COMPANY, INC. PAGE3 OF5 ---PAGE BREAK--- 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. 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 of litigation 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: Sandry Construction Company, Inc. 4007 E. Trent Spokane, Washington 99202 ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 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: Sandry Construction Company, Inc. City: City of Moscow, Idaho WELL No. I 0 CONNECTION - 2016 CITY AND SANDRY CONSTRUCTION COMPANY, INC. PAGE40F 5 ---PAGE BREAK--- Approved As To Form: 11{2{ Roderick Hall, City Attorney ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss: County of S\ o ) On this K day of iv\ o..XvÌ , 2017, before me, the undersigned, a Notary in and for said State, personally appeared Jeff Heeter, 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 Operations Manager for Sandry Construction Company, Inc. 011111111111 I II I : Notary Public = '-'tale of : < =HERESA V1t=>NUEVA : = MY COMMISSION EXPU AE8 E OCTOBER 2020 011111111111111111111111111111111 WELL NO. IOCONNECTION-2016 CITY AND SANDRY CONSTRUCTION COMPANY, INC. Notary Public residing at: ?l(p¥ a N \J\l My commission expires: \ o ) • PAGE 5 OF 5 ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS • Premium Amount Based On Final Contract Amount Bond No. 106620880 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SANDRY CONSTRUCTION COMPANY, INC. 4007 E. Trent Spokane, WA 99202 OWNER (Name and Address): City of Moscow, Idaho 206 East Third St. PO Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: Amount: $128,100.00 Description (Name and Location): Well No. 10 Connection-2016 BOND Date (Not earlier than Construction Contract Date): Amount: $128,100.00 Modifications to this Bond: None CONTRACTOR AS PRINCIPAL COMPANY: SANDRY ONSTRUCTION COMPANY, INC. Signature: Name and Titlด fC,ff- ฑ • ณ/!k.UL- (Corporate Seal) (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: COGSWELL INSURANCE AGENCY, LLC 800 9th Street So. Great Falls, MT 59405 SURETY (Name and Principal Place of Business): Travelers Casualty And Surety Company Of America One Tower Square Hartford, CT 06183-6014 SURETY COMPANY: Ll See Page 3 Travelers Casual ty And Surety Company Of America \ J (Corporate Seal) Signature:<,..._'\__ Ƿ DQ.kV\, Name and TitleǶ Dale J. Anderson, Attorney-in-Fact OWNER'S REPRESENTATIVE (Architect, or Engineer or other party): AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 A 312-1984 THIRD PRINTING - MARCH 1987 / ---PAGE BREAK--- 1. The Contractor and the Surety, jointly and severally, binC:· themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para graph 3, the Surety shall and at the Surety's ex pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc tion Contract itself, through its agents or through inde pendent contractors; or 4.3 Obtain bids or negotiated proposals from ·qualified contractors acceptable to the Owner for a contract for performance and completion of the Con struction Contract, arrange for a contract to be pre pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance 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 Paragraph 6 in ex cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights 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 determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after 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. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered 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. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc tion of defective work and completion of the Construc tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam ages caused by delayed performance or non-perfor mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, includ ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga tions. 9. 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 part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years aftter the Surety refuses or fails to perform its obligations under this Bond, whichever oc curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 A 312-1984 2 ---PAGE BREAK--- to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor 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, re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SANDRY CONSTRUCTION COMPANY, INC. (Corporate Seal) Signature: _ Name and Title: Address: SURETY Company: Travelers Casualty And Surety Company Of America (Corporate Seal) Signature:--------- Name and Title: Dale J. Anderson, Attorney-In-Fact Address: PO Box 2009, Great Falls, MT 59403 AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA 0 A 312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS • Bond No. 106620880 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SANDRY CONSTRUCTION COMPANY, INC. 4007 E. Trent Spokane, WA 99202 OWNER (Name and Address): City of Moscow, Idaho 206 East Third St. PO Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: Amount: $128, 100.00 Description (Name and Location): Well No. 10 Connection-2016 BOND Date (Not earlier than Construction Contract Date): Amount: $128,100.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL (Any additional signatures appear on page 6) FOR INFORMATION ONLY-Name , Address and Telephone AGENT OR BROKER: COGSWELL INSURANCE AGENCY, LLC 800 9th Street So. Great Falls, MT 59405 SURETY (Name and Principal Place of Business): Travelers Casualty And Surety Company Of America One Tower Square Hartford, CT 06183-6014 See Page 6 SURETY COMPANY: Signatur Name and le: Dale J. Anderson, Atto OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 A 312-1984 4 ---PAGE BREAK--- 1. ·The Contractor and the 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 perfor mance of the Construction Contract, which is incorpo rated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 makes payment, directly, or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment fur nished for use in the performance of the Construction Contract, provided the Owner has notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor makes pay ment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the addres described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and . 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim ant under this Bond, and shall have under this Bond no obli gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. 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. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris diction in the location in which the work or part of the work is located or after the expiration of one year from the date on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or on which the last labor or service was performed by anyone or the last mate rials or equipment were furnished by anyone under the Con struction Contract, whichever of or first occurs. If the provisions of this Paragraph are 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 . 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Construction Services, Travelers Bond & Financial Products, One Tower Square, Hartford, CT 06183. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 A 312-1984 5 ---PAGE BREAK--- Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction 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. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days, notify the Claimant of the amounts that are disputed and the basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable time, but not more than 120 days, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the surety to timely discharge of its obligations under this paragraph or to dispute or identify and specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SANDRY CONSTRUCTION COMPANY, INC. (Corporate Seal) Signature:---------- Name and Title: Address: SURETY Company: Travelers Casualty And Surety Company Of America (Corporate Seal) Signature:--------- Name and Title: Dale J. Anderson, Attorney-In-Fact Address: PO Box 2009, Great Falls, MT 59403 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 A 312-1984 6 ---PAGE BREAK--- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Attorney-In Fact No. 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 229302 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. Q Q 6 9 3 Q 9 7 7 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 lhe 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 Dianne L. Meinhardt, Timothy G. Lightbourne, Dale J. Anderson, and Stephani L. Cordeiro of the City of Great Falls , State of Montana , 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 perfo1mance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this ! _th _ day of August 2016 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Raney, Senior Vice President On this the 11th day of August 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 June, 2021. 58440-5-16 Printed in U.S.A. c.j; Marie C. Tetreault, Notary Public WARNING: THIS POWER OF AnOR EY lS INVALID WITHOUT THE RED BORDER ---PAGE BREAK--- WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER 111is Power of Attorney is granted under and by the authority of lhe following resolucions adopted by the Boards of Directors of Farmington Casualty Company, FideUty and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lnc St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. nnd United States FideliJy 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 Treasu.rer, 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 nuthority 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 na1ure of a bond, recognizance. or conditional undertaking, and any of said officers or the Board of ,Direciors at any time may remove any such ap.pointee 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 pan 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 lhe Presidem, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice Presidolll, any Second Vice President, the Treasurer, any Assi.staot 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 duiy executed (under seal, if required) by one or more Attoroeys-in·Fact and Agents pursuant to the power prescribed. in his or her certificate or their cenificates 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 A Vice President, any Secretary, any Assistant Secretary. and 1he seal of the Company may be affixed by facsimile to any Power of Altomey or to any cenificate 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 facsin1ile 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. Hughe-Ȁ. the undersigned, Assistan1 Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by sltid Companies, which iฐ i1f full forte and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Conipanies this day of , 20 .e 0 : To verify the authenticity of this Power of Attorney, call 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. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ---PAGE BREAK--- A OLSON ฎC:::C>ฏ INSURANCE BINDER I DA TE ( M M/DD/YYYY) ญ 3/16/2017 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 OF THIS FORM. AGENCY Kalispell Office PayneWest Insurance, Inc. 33 Village Loop Kalispell, MT 59901 r.rigNJo Extl: (406) 758-4200 CODE: 25014 ǵǴdzDz5DZER ID: SANDCON-0 2 INSURED AND MAILING ADDRESS IiD Nod406) 755-1189 I SUB CODE: COMPANY Cincinnati Insurance Companies "AT!= EFFECTIVE Tl"C 3/16/2017 I 12:01 9 AM PM I BINDER# 48189 DATE' EXPIRATION TIMC 5/16/2017 M 12:01AM NOON D THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY#: DESCRIPTION OF OPERATIONS I VEHICLES I PROPERTY (Including Location) Loe 2, Bldg 1, City of Moscow, Moscow, ID 83843 SCC #1705 -Well Connection #10 Sand\r. Construction Company, Inc. 4007 . Trent Avenue Spokane, WA 99202 I COVERAGES TYPE OF INSURANCE COVERAGE I FORMS PROPERTY LJES OF lOL!J Builders Risk / Installation Floater - - BASIC aROAD X SPEC - GENERAL LIABILITY - - COMMERCIAL GENERAL LIABILITY D CLAIMS MADE D OCCUR - RETRO DATE FOR CLAIMS MADE: VEHICLE LIABILITY - ANY AUTO ALL OWNED AUTOS - SCHEDULED AUTOS - HIRED AUTOS - NON-OWNED AUTOS - LIMITS DEDUCTIBLE COINS% 2,500 EACH OCCURRENCE DAMAGE TO 1:n:::P..JT S::n OOCU1 C-Ct'> MED EXP rAnv one oersonl PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT BODILY IN 11 IRY IPer oersonl BODILY INJURY IPer accident\ PROPERTY DAMAGE MEDICAL PAYMENTS PERSONAL INJURY PROT UNINSURED MOTnRIST $ $ $ $ $ $ $ $ $ $ $ $ $ $ AMOUNT $128,100.0U VEHICLE PHYSICAL DAMAGE OED _j ALL VEHICLES LJ SCHEDULED VEHICLES ACT•''" CASH VALUE q COLLISION: STATED AMOUNT $ l'ITHER THAN COL GARAGE LIABILITY - AUTO ONLY - EA ACCIDENT $ ANY AUTO - OTHER THAN AUTO ONLY- EACH ACCIDENT $ - AGGREGATE $ EXCESS LIABILITY EACH IV'ʊ1 •RRENCE $ R UMBRELLA FORM AC.:GREGATE s OTHER THAN UMBRELLA FORM RETRn DATE FOR CLAIMS MADE· SELF-INSURED RETENTION $ PER STATUTE WORKER'S COMPENSATION E.L. EACH ACCIDENT $ AND EMPLOYER'S LIABILITY E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ SPECIAL FEES $ CONDITIONS I OTHER TAXES $ COVERAGES ESTIMATED TOTAL PREMIUM $ NAM E & ADDRESS MORTGAGEE LOSS PAYEE H ADDITIONAL INSURED LOAN#: AUTHORIZED REPRESENTATIVE Page 1of2 © 1993-2013 ACORD CORPORATION. All rights reserved. ACORD 75 (2013/09) The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- AGENCY CUSTOMER ID: SAN OCON- 02 AO LSON CONDITIONS This Company binds the kind(s) of insurance stipulated on page 1 of this form. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in Arizona Binders are effective for no more than ninety (90) days. Applicable in California When this form is used to provide insurance in the amount of one million dollars ,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2 1 1 9 Applicable i n Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1 ,000,000.00 when proof is required: Shall be fined not more than $500.00, and is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in Oklahoma All policies shall expire at 1 2:01 a.m. standard time on the expiration date stated in the policy. Applicable in Oregon Binders are effective for no more than ninety (90) days. A binder extension or renewal beyond such 90 days would require the written approval by the Director of the Department of Consumer and Business Services. Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. ACO R D 75 (2013 /09 ) Page 2 of 2 ---PAGE BREAK--- ǔ SANOC ON-02 AOI i::nr-.i ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) Ǖ 3/15/201 7 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER f.2ÒÓACT Kalispell Office rAÔgNNE,, Ext): (406) 758-4200 I rtiǝ. Nod406) 755-1 1 89 PayneWest Insurance, Inc. 33 llla?ie Loo/s Kallspe I, MT 9901 INSURE.RISI AFFORDING COVERAGE NAIC # tNSURER A : Cincinna ti Insurance Comoanies 1 0677 INSURED INSURER B : Sandry Construction Company, Inc. INSURER C : 4007 E. Trent Ave. INSURER D : Spokane, WA 99202 INSURER E : INSURER F : C OVERAG ES C ER TIFICA T E NUMBER · REVISION N UMBER · THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IǞǟǠ TYPE OF INSURANCE 1ǧ.Ǩ.P.Z ǽǾ POLICY NUMBER i:'9!:!ÕYEff .f.2L.!Ö": EXf' LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 -9 CLAIMS-MADE [Kl OCCUR RǬt;'bfiU9ǭǮi:..Ǻ--· 1 00,000 x x EPP0417811 01/01/2017 01/01/2018 $ - MED EXP IAnv one oersonl s 1 0,000 - 1 ,000,000 PERSONAL & ADV INJURY $ - 2,000,000 R 'LAGGRE0 LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY x rǜ o LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER'. $ A ǖTOMOBILE LIABILITY n:':!Ǹlliǯ.ǰINGlE LIMIT $ 1 ,000,000 x ANY AUTO EPP0417811 01/01/2017 01/01/2018 BODILY INJURY !Per oersonl $ - OWNED - SCHEDULED - AUTOS ONLY - AUTOS BODILY INJURY lPer accident) $ ONLY - Ǥ8roǥ"mǦ rƙǻd\,)'.,lAMAGE $ $ A x UMBRELLA LIAB M OCCUR EACH OCCURRENCE s 9,000,000 - EPP0417811 01/01/2017 01/01/2018 9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION I ǡǢǣTllT" I x I 2JH· AND EMPLOYERS' LIABILITY Y I N EPP0417811 01/01/201 7 01/01/2018 1 ,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ sFICEfoMǗMǘǙR EXCLUDED? N I A 1 ,000,000 anda ory n ) E.L. DISEASE - EA EMPLOYEE $ ǩmǪl);'fpgǫ ǚǛ'6PERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 A Equipment Floater EPP0417811 01/0112017 01/01/2018 RENTED/LEASED EQUIP 357,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SCC Job #1705 - Well Connection 10 City of Moscow, Idaho is Additional Insured on a Primary Non-Contributory basis with Waiver of Subrogation to the extent provided in the attached endorsement GA 233 05 10 attached to the policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Engineer, City of Moscow THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 206 East Third Street P.O. Box 9203 Moscow, ID 83843 AUTHORIZED REPRESENTATIVE 6.7 t AC OR D 25 (201 6/03) © 1988-201 5 AC OR D C OR P OR ATI ON . All rights reserved . The AC OR D name and logo are registered mar ks of AC OR D ---PAGE BREAK--- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. M ONTA NA CONTRACTORS' COMMERCIA L G E NERAL LIABI LITY BROADENED EN DORSEMENT This endorsement modifies insurance provided under the followin g : COMMERCIAL GENERAL LIABILITY COVERAGE PART A . Endorsement w Table of Contents: Coverage: Begins on Paqe: 1 . Employee Benefit Liability Coverage 2 2, Unintentional Failure to Disclose Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 3, Damage to Premises Rented to You . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 4. Supplementary Payments 9 5 , Medical Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. Voluntary Property Damage (Coverage and Care, Custody o r Control Liability Coverage (Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 7. 1 80 Day Coverage for Newly Formed or Acquired Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 8 , Waiver of Subrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 jc 9 . Automatic Additional Insured - Specified Relationships: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 • Managers or Lessors of Premises; • Lessor of L.eased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions M Permits; and Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property . . . . . . . . . . . . . . . . . . . . 1 6 1 1 . Property Damage to Borrowed Equipment . . . . . . . . . . . . . . . . . . . . , 1 6 1 2 . Employees a s Insureds - Specified Health Care Services: 1 6 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence 1 6 B. Limits o f Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse ment, except as provided below: 1 , Employee Benefit Liability Coverage Each Employee Limit: $ 1 ,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1 ,000 3 , Damage to Premises Rented to You The lesser of: 4. 5 . a. The Each OccL1rrence Limit shown in the Declarations; or b. $500,000 unless other.vise stated $ _ _ _ _ _ _ Supplementary Payments a. Bail b o nds: $ 1 ,000 b. Loss of earnings: $ 350 Medical Payments Medical Expense Limit: $ 10,000 GA 3 IVIT 05 ·1 0 Includes copyrigh ted material of Services O ffice , I n c with its permission. Page 1 of ·rn ---PAGE BREAK--- 6 . Volu ntary Property Damage (Coverage a and Care , Custody o r Control Liability Coverage (Coverage · Limits of Insurance (Each Occurrence) Coverage a, $1 ,000 Coverage b , $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a . $250 Coverage b. $250 unless otherwise stated $ _ _ _ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM Area (For Limits in Excess of (For Limits in Excess of Payroll Gross Sales 45? Units Other b. Care, Custody or Control 1 1 . Property Damage to Borrowed Equipment Each Occurrence Limit: $ 1 0,000 Deductible: $ 250 C. Coverages: 1 , Employee Benefit Liability Coverage a, The following is added to S ECTION I • COVERAGES: Employee Benefit Liability Coverage. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as dam ages caused by any act, er ror or omission of the in sured, or of any other per son for whose acts the in sured is legally liable, to which this insurance ap plies , We will have the right and duty to defend the in sured against any "suit" seeking those damages . However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply, We may, at our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re sult. But: 1 ) The amount we will pay for damages is limited as described in SEC· TION Ill k LIMITS OF I NS U RANCE; and $5,000) $5,000) $ TOTAL ANNUAL PREMIUM $ 2) Our right and duty to defend ends when we have used up the ap plicable limit of insur ance in the payment of judgments or settle ments, No other obligation or liabil ity to pay sums or perform acts or seNice.s is covered un less explicitly provided for under Supplementary Pay ments. Th is insurance applies to damages only if the act, er ror or omission, is negli gently committed in the "administration" of your "employee · benefit pro gram"; and 1 ) Occurs during the pol icy period; or 2) Occurred prior to the effective date of this endorsement provided: a) You did not have knowledge of a claim or "suit" on or before the ef fective date of this endorsement. You will be deemed to have GA 2'.l:I MT 05 ·l 0 Includes copyrighted material of Insurance Services OfficEi, Inc., with its permission. Page 2 of 'I 6 ---PAGE BREAK--- knowledge of a claim or "suit" when any "authorized repre sentative"; i} Reports all, or any part, of the act, error or omission to u s o r a n y other insurer; ii) Receives a written or ver bal demand or claim for dam ages because of the act, er ror or omis sion: and b) There is no other applicable Insur ance . Exclusions This insurance does not apply to: Bodily Injury, Property Damage or Personal and Advertising Injury ''Bodily fnjury'', "property damage" or "personal and advertising injury", Dishonest, Fraudulent, Criminal or Malicious Act Damages arisin g out o1 any intentional, dishonest, fraudulent, criminal or mali cious act, error or omission, by any insured, including the willful or reck less violation of any statute, Failure to Perform a Con· tract Damages arising out of fail· ure of performance of con· tract by any insurer, Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro gram" . Inadeq uacy of Perform· ance of Investment I Acl• vice Given With Respect to Participation Any claim based upon: 1) Failure of any invest ment to perform ; 2) Errors in providing in formation on past per formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the ''em ployee benefit pro g ram" , Workers ' Compensation anc! Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensa tion insurance, social secu rity or disability benefits law or any similar law, ERISA Damages for which any in sured is liable because of liability imposed on a fiduci ary by the Employee Re tirement Income Security Act of 1 974, as now or hereafter amended, or by any similar federal, state or local laws , Available Benefits Any claim for benefits to the extent that such benefits are available, with reason able effort and cooperation of the insured, from the ap plicable funds accrued or other collectible insurance. Taxes , Fines or Pena lties Taxes, fines or penalties, Including those 'imposed under the ln1ernal Revenue Code or any similar state or local law. U) Employme nt-R.elated Practices Any liability arising out of any: (1 ) Refusal to employ ; Includes copyrigh ted material of lnm1rance Services Office, Inc with its permission . ---PAGE BREAK--- Termination of em- ployment; Coercion, demotion , evaluation, reassign- ment. discipline, defa mation, harassment, humiliation, discrimina tion or other employ ment-related practices,· acts or o missions; or Consequential liability as a result of or above . This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Supplementary Payments SECTION I • COVERAGES, SUPPLEMENTARY PAY MENTS • COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil ity Coverage, SECTION II · WHO JS AN INSURED is deleted in its en tirety and replaced by the fol lowing: ( 1 ) If you are designated in the Declarations as: An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. A partnersl1ip or joint ven ture, you are an insured . Your members, your part ners, and their spouses are also insureds but only with respect to the conduct of your business . A limited liability company, you are an insured, Your members are also insureds, but only with respect to the conduct of your business. Your managers are in sureds, but only with re spect to their duties as your managers . An organization other than a partnership, joint venture or limited liability company, you are an insu red . Your "executive officers" and di rectors are insureds, but only with respect to their duties as your officers or di rectors . Your stockholders are also Insured s , but only with respect to their liability as stockholders. A trust, you are an insured . Your 1rustees are also in sureds, but only with re spect to their duties as trustees. Each of the following is also an insured: Each of your "employees" who is orwas authorized to admin ister your "employee benefit program" . Any persons, organizations or "employees" having proper temporary authori zation to administer your "employee benefit program" if you die, but only until your legal representative is ap pointed , Your legal representative if you die, but only with re spect to duties as such . That representative will have a.II your rights and du ties under this Coverage Part. Any organization you n ewly ac quire or form, other than a part nership, joint venture or limited liability company, and over which you maintain ownership or majority Interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover age under this provision: ls afforded only LJntif the 1 8oth day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Does not apply to any act, error or omission that was committed before you ac quired or formed the or ganization . c . Limits of Insurance As respects Employee Benefit Liabil ity Coverage, SECTION Ill LIMITS GA 2:1 3 Pill 05 ·f O Includes copyrigh lecl materi;;1J of Insurance Services Office, Inc., wi th its pennission . Page t\ of ·f G ---PAGE BREAK--- OF INSURANCE is deleted in its en tirety and replaced by the following : The Limits of Insurance shown in Section B . Limits of Insur ance, 1 . Employee Benefit Li ability Coverage and the rules below fix the most we will pay regard less of the number of: Insureds; Claims made or "suits" brought; Persons or organizations making claims or bringing "suits''; Acts, errors or omissions; or Benefits included in your "employee benefit pro- gram" . The Aggregate Limit shown in Section B. Lim its of Insurance, 1 . Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, er rors or omissions negligently committed in the "administra• tion" of your "employee benefit program". Subject to the limit described in above, the Each Employee Limit shown in Section B. Limits of Insurance, 1 . Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: An act, error or omission; or A series of related acts , er· rors or omissions, regard less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em· ployee benefit program". However, the amount paid un der this endorsement shall not exceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "em ployee ben efit program". Deductible Amount· Our obligation to pay dam ages on behalf of the in sured applies only to the amount of damages in ex cess of the deductible amount stated in the Decla rations as applicable . to Each Employee . The limits of insurance shall not be reduced by the amount of this deductible . The deductible amount stated in the Declarations applies to all damages sustained by any one "em ployee", including such "employee's" · dependents and beneficiaries, because of all acts, errors or omis sions to which this insur ance applies . The terms of this insurance, including those with respect to: 1 } Our right and d uty to defend the insured against any "suits" seeking those damw ages; and 2) Your duties, and the duties of any other in volved insured, in the event of an act, error or omission, or claim, apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall reimburse us for such part of the deductible amount as we have paid . d , Additional Conditions As respects . Employee Benefit Li ability Coverage, SECTION IV • COMMERCIAL GENERAL LIABIL· ITY CONDITIONS is amended as follows: Item 2. Duties in the Event of Occurrence, Offense, Claim or Suit is deleted in its entirety and replaced by the following: G/1 2 3 3 MT 05 ·1 D I ncludes copyrigh ted mate rial of I nsurance Srnvices Of·fice, Inc., with its permission . P Cl c. 3 Check appropriate box. for federal tax classification; check only one of the foftowlng seven boxes: 4 Exemptions (codes apply only to c certain entitles, not Individuals; see 0 0 proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 TrusVestate II> r! Instructions on page single-member LLC Exempt payee code Pf any) Cl. 0 0 Limited llabillty company. Enter the tax. (C=C corporation, S=S corporation, P=partnership) I> :g 6 .s Note. For a LLC that Is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting the tax of the owner. code Of any) .s 0 Other (sea Instructions) I> (AppliH to accounls malnlrik>•d our.side lhe U.S.) ll. u 5 Address (number. street, and apl or suite no.) Requester's name and address (oplionaO u IP P.O. BOX 507 / 200 BASIN VIEW ROAD Cl. en e City, state, and ZIP code BIGFORK, MT 5991 1 C/l 7 List account numbor(s) here (optlonnO ma Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security numbor I backup For Individuals, this Is generally your social security number (SSN). However, for a [IJ] DJ I I I I I resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 9. For other - - entitles, It Is your employer number (EIN). If you do not have a number, see How to get a . _ _ _ . TIN on paga 3. ʂ o_ rʃʄʅʆʇʈʉ Note. If the account is in more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer ldenllficollon number guldellnes on whose number to enter. 8 - 0 5 4 5 1 6 4 Certification Under penalties of perjury, I certify that: 1 . The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. I am not subject to backup withholding because: I am exempt from backup withholding, or I have not been notified by the Internal Revenue Service ()RS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or the IRS has notified me that I am no longer subject to backup and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax. return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an indivlduaf retirement arrangement {IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the insiructlons on page 3. Sign Signature ol ֍re ֎ · ֑ General Instructions Section references are to the Internal Revenue Cade unless otherwise noted. Future developments. lnlormatlon abO\ll developments Form W-9 (sue֒ as leglslotlon enacted after we rolease It) Is at www.lrs.gov/lw9. Purpose of Form An Individual or (Form W·9 requester) who Is required to me an Information return with lhe IRS must obtain your com1ct taxpayer number (TIN) which may be your soclal security number (SSN), toMpayar number PTIN), adoptlcin taxpayer number (ATIN). or employer number (EIN), to report on on Information rewm the amount paid to you, 0< other amount repor1able on an lnfonnatlon relum. Examples of inlormatlon returns Include, but are not. limited lo, the foUowing: • Form 1099-11\fT 6nterest earned or paid) • Form 1099-0IV {dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mulual fund sales and certain olher transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E {student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person Qncludlng a resident alien), to provide your correct TIN. If you do not re/um Form W-9 to Ille requester with a TIN, ycu might be subject to backup withholding. See What is backup withholding? on page 2. By signing the lilied-out form, you: 1 . Certify that the TIN you are giving is correct (or you are waiting tor a number to be Issued), 2. Certify that you are not subject to backup or 3. Claim eMempllon from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying thal as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connantad and 4, that FATCA i;ode{s) entered on this form (If MY) lnd1celln9 tllo!lt you nre exempt from the FATCA reporting, ls cermet. See Wtiat Is FATCA reporting? on page 2 for further Information. Cat. No. 10231X Form W-9 (Rev. 12-2014) ---PAGE BREAK--- RIDER TO BE ATTACHED TO AND FORM PART OF 3~1=2_- n= NO. 106620880 (Bond Type) IN FAVOR OF City of Moscow, Idaho (Obligee) ON BEHALF OF SANDRY CONSTRUCTION COMPANY, INC. EFFECTIVE March 17, 2017 (Principal) (Original Effective Date) (Bond Number) IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional premium that may be properly chargeble as a result of this rider. The Surety, Travelers Casualty And Surety Company Of America hereby gives its consent to change; Bond/Contract Amount (of) the attached bond FROM: Old Bond Amount= $153,616.88 TO: NewBondAmount=$131,916.88 REASON: Reduce Bond Amount to $131,916.88 EFFECTIVE: September 11, 2017 PROVIDED, however that the attached bond shall be subject to all its agreements, limitations, and conditions except as herein expressly modified, and that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. SIGNED, AND SEALED this l _ l _ th day of September, 2017 Accepted: City of Moscow. Idaho Obligee BY: _ SANDRY CONSTRUCTION COMPANY, JNC. :cipfil ---PAGE BREAK--- MAINTENANCE BOND Bond No. 106620880 KNOW ALL MEN BY THESE PRESENTS, That We SANDRY CONSTRUCTION COMPANY of Spokane, Washington (Hereinafter called the principal), as Principal and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, as Surety, an American corporation duly licensed to do transact business in the state of Washington (hereinafter called the "Surety"), as Surety, are held and firmly bound unto CITY OF MOSCOW (hereinafter called the oblige"), in the sum of-ONE HUNDRED THIRTY ONE THOUSAND, NINE HUNDRED AND SIXTEEN DOLLARS AND 88/100-- ($131,916.88), for the payment of which sum well and truly to be made, we, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 11 TH date of SEPTEMBER, 2017. WHERAS, The Principal has heretofore entered a contract with said Obligee dated the 11 TH DAY OF AUGU T, 2017 for WEL 10 CONNECTION PROJECT, CITY OF MOSCOW PROJECT 115-016. WHERAS, The Principal is required to guarantee the installed under said contract, against defects in materials or workmanship during the period beginning 11 TH day of AUGUST, 2017 and ending on the l ln1 day of AUGUST, 2019. In no event shall losses paid under this bond aggregate more than the amount of this bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that said principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period specified above or shall pay over, make good and reimburse to the said oblige all losses sustained by reason or failure of default of said Principal to do so, then this obligation shall be null and void; otherwise shall remain in full effect. CTION, INC. TRAVELERS CASUALTY & SURE Y COMPANY OF AMERICA ---PAGE BREAK--- WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Attorney-In Fact No. 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 229302 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. 0 0 7113 5 3 8 KNOW ALL MEN BY T HESE 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 Dianne L. Meinhardt, Timothy G. Lightbourne, Dale J. Anderson, and Stephani L. Cordeiro of the City of Great Falls , State of Montana , 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3_l_s _ t _ day of January 2017 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 0 By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Raney, Senior Vice President On this the 31st day of January 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. c.j Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ---PAGE BREAK--- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as hiG or her certificate of authority may preocribe to oign with the Company'o name and oeal 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 tiled m the othce ot the Secretary; and 1t 1s 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 authoiity 01 \Jy one or more Company office1s pursuant to a wiitten delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a trne 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 day of .20 II To verify the authenticity of this Power of Attorney, call 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER