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CONSTRUCTION CONTRACT MOUNTAIN VIEW WIDENING • 2004 THIS CONTRACT, dated this 20th day of July, 2004 by and between the City of Moscow, Id aho, a municipal corporation of the State of Idaho (hereinafter 'City') and McCall's Classic Construction (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, 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 the City and the Contractor concerning the work to be performed are this Contract, pages one through four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: MOUNTAINVIEW WIDENING· 2004; 3. Bid/Proposal of the Contractor, dated July 8, 2004, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Ad d end um No. One issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: MOUNTAIN VIEW WIDENING - 2004 ARTICLE3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete within sixty (60) calendar days from the date of the NOTICE TO PROCEED, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the work in accordance with the Contract Documents in current funds the amount of one hund red seven thousand three hund red two d ollars ($107,302.00). 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 the Contractor and the City by the terms of this contract It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLES. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the plans and specifications established for this project ARTICLE7. HOLD HARMLESS /INDEMNIFICATON In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, 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 the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of the Contractor or his 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 The 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. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer I Engineer and the City. ARTICLES. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto 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 Contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The 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 the City. PAGE 2 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this Contract 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 The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or this Contract, 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. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further 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 Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 13. COMMUNICATIONS Such communications as are required by this Contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: McCall's Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 City: City of Moscow P.O. Box 9203 Moscow, 10 83843 PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: McCall's Classic Construction qt? Ĝuhmittcd as an ofkr hy the undersigne d to C'Jl!Cr Into wilh tlw ( 'ily or Moscow, ld<1ho aB 1 epr hy the City ('nnncil, lwreinnficr referred to ;ls the'( 'JTY' f(lr MOUNTAIN V!FW 201H, specified hc1cin niHI which cons!JJJ<'Iion docunH'Ills nrc on file with the City Engineer. Mann Building, Moscow, Idaho, a11d whic.h are a cnndil ion hereof with the sallJC force and effect as though thcy were: hr:rc!o. The offer is conditioned on the f;JIJOWillg dedaraliOilS tk .<-)c;·J1rll1 r17 ;t11d IH lr1 ---PAGE BREAK--- ' ' Q uucontca"JQLL. I:mde_S jJecial ty Idaho Public Licmse No. $ !\mount 12. The unde1 signed proposes l.o furnish lnbor, materials, equipment and services of all kinds required for MOUNTAIN VIEW WIDENING- 2004 as described in the specifications, including all appurtenant work, all as required hy the specifications and this proposal I(Jr the prices in wilh !he prices as follows· ---PAGE BREAK--- BID SCHEDULE !';lo!Jntain_Vigy;JI\'j<;limlt.m - Pr()ject No. 108-002 It ern No. 1 2a 2b 2c 2d 2e 2f 3a 3b 3c 3d 3g 3h 31 3j 4a 4b !tern Excavation f-0 LF $ 3. $ a¢ LF $ f;;,Q LF $ cc> oa Lr IF $ ,;>i_oo $ 2;_L oO Lr $ $ .Lf6.4 oo LF $ 71""$ (,_i.Ltj. 00 El\ $ -eJa? LF $ El\ El\ $ LF $ ---PAGE BREAK--- 8 Aggreg. $ roo $ 5,J7S. oo . . $ 13. ocJ $ .2,85, = $ . d, oo $ ?,.YEz. col) $ $ 00 $ /c3. 00 $ Ďz:o. C>C) . . $ Z:JCJ.ą $ - - - - - ' 7?6. 00 $ oO$ lZo. o4;) $ !.2M.00$ . /.Z6.0. $_iP,F.M $ - $ iJaJ. a) $ _ 0.-dJ---00 ./.c2Z3az, 6) $ ---PAGE BREAK--- June 30, 2004 ADDENDUM NO. ONE City of Moscow Project: MOUNTAINVIEW ROAD WIDENING 2004 Project No. 108-002 The following changes, additions, clarifications, and/or deletions are hereby made a part of Moscow's MOUNTAINVIEW ROAD WIDENING 2004 project, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. I. Note incorrect Project No. on the project plans Cover Sheet. It should read "PROJECT NO. 108-002." 2. Add City of Moscow Engineering Standards ES-12 ASPHALT CONCRETE PAVEMENT (attached) to the Specifications and Proposal documents. 3. Plan Sheet No. 14 of 14: Replace Standard Drawing No. 26 with Standard Drawing No.8 (attached). 4. Modify Technical Specifications TS-4 (page 36) of the Specifications and Proposal documents as follows: 1n the last paragraph, where type of manhole frame is referenced; add to the sentence: The frame for the manhole shall be a 34-inch round frame with a a rectangular grate frame as provided by Inland Foundry Company Inc., item number IFC0-433, or an approved equal and a 3" Paving Riser, provided by Inland Foundry Company Inc., item number IFC0-432PR-3, or an approved equal, will also be required. 5. Plan Sheet No. 8 of 14: Add the elevation view of the manhole at 26.6' Lt. of Sta. 21+61.5 (attached). Receipt of ADDENDUM NO. ONE must be acknowledged. This document must be signed and attached to the bid to acknowledge its receipt: $4bL/'f &AS:C/e Firm Name of Bidder ""7-8Do¥ Title Date ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we McCall's Classic Construction (Here insert full name and address or legal title of Contractor) 945 Beach view Blvd, Clarkston, W A 99403 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America (Here insert full name and address or legal title of Surety) 707 W. Main, Ste 300, Spokane, WA 99201 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow (Here insert full name and address or legal title of Owner) 206 E. 3rd Street, Moscow, ID 83843 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Total Contractor's Bid Dollars of Bid) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Mountainview Widening -2004 (Here insert full name and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of July, 2004. (Seal) (Title) Travelers Casualty and Surety Company of America AlA Document 310- Bid Bond- AIAO- February 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1i"35 N.Y. AVENUE NW, WASHINGTON, D. C. 20006 ---PAGE BREAK--- TRAVELERS CASUALTY AND SURETY COMPANY OF AMF;RICA TRAY ERSCASUALTY AND SuRETY COMPANY! • ARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183˔9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the Stale of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Judith A. Rapp, James E. Majeskey, II, of Spokane, Washington, their tme and lawful Attorncy(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: 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. VOTED: 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. VOTED: 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 ana 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 Mitten delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 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 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. (11 ˓oo Standar-d) ---PAGE BREAK--- PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford , CT 06183 Bond No. 104327844 KNOW ALL MEN BY THESE PRESENTS: That McCall's Classic Construction, as Principal, hereinafter called Contractor, and, Travelers Casualtv and Suretv Company of America, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto City of Moscow, as Obligee, hereafter called Owner, in the amount of One Hundred Seven Thousand Three Hundred Two and No/100 Dollars ($107,302.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated July 20th. 2004, entered into a contract with Owner for Mountainview Widening - 2004 in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall and faithfully perform said Contract, then this obligation shall be null and void; othel\vise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract the Owner having pertormed Owner's obligations thereunder, the Surety may remedy the default, or shall 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 2nd day of½. 2004. Witness a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. , Attorney-in-Fact Printed in cooperation with the American Institute of Architects (AlA} by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AlA Document A311, February 1970 edition. S-1870-E (09-99) ---PAGE BREAK--- LABOR AND MATERIAL PAYMENT BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartf ord , CT 06183 Bond No. 104327844 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITH FULL PERFORMANCE OF THE CONTRACT KNOW All MEN BY THESE PRESENTS: That McCall's Classic Construction, as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America, of One Tower Square 3PB. Hartford. CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto City of Moscow, as Obligee, hereinafter called Owner for the use and benefit of Claimants as herein below defined, in the amount of One Hundred Seven Hundred Two and No/100 Dollars ($107,302.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated July 20th. 2004, entered into a contract with Owner for Mountainview Widening - 2004 in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Principal shall make payment to claimants as hereinafter defined, for aU labor and materia! used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1} A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, materia!, or both. used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2} The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90} days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant. and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3} No suit or action shall be commenced hereunder by any claimant Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety abovewnamed, within ninety (90} days after such claimant did or performed the last of the work Signed and sealed this 2nd day of August, £ruM. S-1871-F (09-99) or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. After the expiration of one ( 1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. ( Iassi _ c _ cC u if, A j [i it(\ { IJ A ! I ' j A , Principal velers Casualty and Surety Company of America ---PAGE BREAK--- AB Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides tnat the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. l'he premium charge that is allocable to sueh coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ---PAGE BREAK--- TRAVELERS CASUALTY AND SURETY COMPANY OF AMP RICA TRA' ERS CASUALTY AND SuRETY COMPANY • ARMINGTON CASUALTY COMPANY Hartford, Connecticut U6183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Judith A. Rapp, James E. Majeskey, II, of Spokane, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a boad, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and eflect: VOTED: 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. VOTED: That the Chainnan, 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. VOTED: That any bond, recognizance, contract of indemnity, or Miting 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 Treasun. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary, or duly executed (tmder 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following otflcers: 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 aff1xed 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 v.ritings 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 upon the Company in the future \vith respect to any bond or undertaking to which it is attached. ( 11-00 ---PAGE BREAK--- From: Admm To. Dean Weyen D<:te: 7t3-0/2004 ;Time: 9:51:28 AM Page 2 of3 ACORQ. CERTIFICATE OF LIABILITY INSURANCE I OAT£ {MMIOOITY't'Y! 07/21/2004 (5:09) 1SS-S SZ9 FAX (S09)758-S3U Sˍonebraker McQQary Agency 616 Stn St. PO Box 9 Clarkston. WA 99403 1 ˋ ˌ 9. Inc. ˒4S 8eachview Blvd. Clarkston, WA 99<03 I THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATIO!< ONe Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFoRO!I>IG COVERAGE NAJC# INS\.IA:ER A: CNA Insurance . . e: . . . - IN3UReRC: . - - INSURER . THE PO!...ICIES OF !NSUPANCC USTE:O BELOW 1-iAVE BEEN ISSUED TO THE INSUR:!:O NAMED A60VE FOR THE POLICY PERIOO INOtCAiEO.NOTW!THSTANOII\lG AN:Y REOUIREii\EtH, TERM OR CONOJI!ON OF ANY CONTRACT OR OTHER POCVMENl" RESPECT TO WHICH Tl--IS CERT!F!CATE MAY BE ISSUED OR MAY PERTAIN, 1t1€ INSURANCE Af"FOR.DED BY fHE POLICIES DESCRIBED HEREIN !9 SUBJECT TO ALl THE iERM$, EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES. AGGREGATE l!MITS SHOWN MAY HAVE BEEN RE;OUC€0 BY PAID ClAIMS. A A I I l../0ERAll\ASIP"f'l' ; 'XC . C$N" ?-I@J ClAIMS MAD£ @ OCCUfl . - - rtl f 1 r4 LOc. llMil\.ln" tK A-.1-W _1004 by insured c:m thOC>(l) SCDI(.Y"INJURY • (P.r aooden!) P-ROPERf"t D)IMAt;e; • (f>etˎ1d9fl!) ·EAAC1OENY I• OTHER TI-IAH I• AUTO ONLY: ¥4 I• I• ! • I ' fii.\li>i J I ; • EA EMPLOY£! I ' . I (.1ty or MOscow as with respect to work perform:d CANCELLATION SHOI./1..0 MtY 01' TH£ A&O'A<. o-ESCRI8!\0 POUC1ES BE CAI«:EDZI.-6:9 8fi:FOR£ THE EV1AA710N OA'rl: THiJUiOF. Tl-i£ ISSUI»O IN SUPER W\U. ˊ NA.It. иJQ OA.'I'SWR!f"l"EI!I$Ofla TO THCe!:!li.T1FtCAf! HOI-.-G@l NAMED T01"HE:DzdzT_ -ˏ-x: -IQi AVT;:lA?.;(::.TW£ M.,A.L dJ / 0 ®A>CORPORAllON 19$8 ---PAGE BREAK--- From·. Admin Tc Dean Weyen Date: 7130/2004 ;Time: 9:51:28 AM IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the po!!cy(!es) mu::;t be endorsed. A statement on this certificate does not confer rights to the certificate hokler in lieu of such endorsement(s). If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder m lieu of such endorsernent(s). DISCLAIMER The Certiflcate of Insurance on the reverse side of this form does not constitute a contract betweer1 the Issuing insurer{s), authorized representative or producer, and the certificate holder, nor does lt affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 {2001/08) Page 3 of3 ---PAGE BREAK--- O B / 1 B / 2 &8<1- O S. f>.2 F A X 36.0 9 0 2 5.39.8 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES PO Bolt U.OOO • Olympitt, Wa$hirtgton 98504-40CO August t X, :mo4 STATe OF IDAHO l :OMM-15-SlON-. . 1 f 7 1vlAt-N ST Bot.st 1:1:) .Ь3 7 ?H-IJI\4.' X. CI•:RTIFIC\TE OF WORKf:RS' COM fENSr\'I'ION INSliRAN(:E 1\ccuunl ID: 940,929-00 · Uni liЮu Bttsin:css·ldз'tlt.Hicr (-1-JBI): (i()f Sls-liil-:> Bus= Entity: l'vkCalls Clli$Siа t \m>\nlCtinn Tl·llS IS TO CbRTIFY THAT: MCCALLS CLASSIC CONSTRUCTION has in.,umnдe ˉov.,;ragt: with thн..Э Di!p2\rlTn3.nt t:•f tabor nod 111ctustric!-i ;n the of if a Washington workЯr employed 1-fy this tinn expel ie1tces ˗II( r:'J!1"Čjut:r-ttĀy.tw-ātlf>&tĂ.(;ăC.Ą·ĉ+\.--''lo"(kct. . tK.l!l:ttitlcd..tu bcnci1L' undбr lhˈ Washingl<>ll lndustrial lnsuram:e Act. Under our reciprocity ugroc:mcnt with the Sl:llc of klalm, cxtraterritmial wvcrag.c is гxtGn