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HomeMy WebLinkAboutContract 1 CA&.O5-185� Document A101 TM — 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 'i'i Aruar AGREEMENT made as of the day ofJa'aua n�fhe year of 2006 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) S ADDITIONS AND DELETIONS: City Renton The author of this document has 1055 S.Grady Way added information needed for its Renton,WA .98Q55 completion.The author may also have revised the text of the original AIA standard form.An and the Contrficto * Additions and Deletions Report (Name, address and other information) that notes added information as well as revisions to the standard TF''Sahli Construction form text is available from the 14607 224d Avenue`SW author and should be reviewed. Burien,WA 98166` A vertical line in the left margin of Telephone Number:206-248-0580 this document indicates where the author has added necessary information and where the author The Project is: has added to or deleted from the (Name and location) original AIA text. This document has important Burnett Linear Park Play Area Renovation legal consequences. S.Sth St.and Burnett Avenue S. Consultation with an attorney is encouraged with respect to The Architect is: its completion or modification. (Name, address and other information) AIA Document A201-1997, General Conditions of the MacLeod Reckord` Contract for Construction,is 231 Summit,Avenue East adopted in this document by Seattle,WA 9$102 reference.Do not use with other Telephone Number:206-323-7919 general conditions unless this document is modified. The Owner and Contractor agree as follows. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1980,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:10 on 01/10/2006 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1893528470) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 .DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §31 The bate of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the.,date ufcommencement if it d ffers from the date of this Agreement or, if applicable, state that the date will be fared in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §32 The Contract Time shall be measured from the date of the Notice to Proceed. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 calendar days from the date ofcommeacement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement.,Unless stetted elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of eertain portions of[he Work.) Portion of Work Substantial Completion Date 90 calendar days from Notice to Proceed. subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifany for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Murk.) Liquidated damages of$50.00 each calendar day. ARTICLE 4 `CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Fifty-seven Thousand Six Hundred Sixty-four Dollars and Zero Cents ($ 57,664.00),>subject to additions and deductions as provided in the Contract Documents. §42 The Contract Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM—1997.Copyright ©1915,1918,1925,1937, 1951,1958,1961,1963, 1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIAg' Document,or any portion of it,may result in severe civil and criminal penalties,and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:10 on 01/10/2006 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1893528470) *AW ` o N/A §4.3 Unit prices, if any,are as follows: Description Units Price($0.00) None ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §,5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: `5.1.3.The City of Renton operates on a two-week cycle according to the 2006 Accounts Payable Calendar,a copy of which will be provided'to the Contractor. Applications for Payment must be received by the Owner a minimum ofone week prior to any Purchase Order cutoff date to be processed in that run. §5.14 EadhAApplication for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the-various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §54.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end ofthe period couered.by the Application for Payment. §5.1.5 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portionmof the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5%). Pending final.detenitlination of cost to the Owner of changes in the Work,amounts not in dispute shall be included,a(spiovided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing), less retainage of 5 01*:ppay request 3 R �ade tf�/ .3 Subtract the aggregate of previous payment the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1:7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8.S of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) AIA Document A101 TM—1997.Copyright 0 1915,1918,1925,1937,1951, 1958,1961,1963,1967,1974,1977,1980,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA& Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA°'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:10 on 01/10/2006 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1893528470) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows:...N/A (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5:2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contactor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as:provided;in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a fatal Certificate for Payment has been issued by the Architect. §'5,2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's-final Certificate,for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. §"6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7. MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Mcument,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest a d upon, if any.) per annum la f (�) 4— (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) §7.3 The Owner's representative is: (Name, address and other information) Bill Rasmussen AIA Document A1101^ —1997.Copyright ©1915,1918,1925,1937,1951, 1958,1961, 1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:10 on 01/10/2006 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1893528470) *ftw r 1055 S.Grady Way Renton,WA 98055 Telephone Number:425-430-6617 Fax Number:425-430-6603 §7,4 The Contractor's representative is: (Name, address and other information) Tom Sahli 14607 22nd Avenue SW Buren,WA 98166 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the ether party. §^7.6 Other provisions: None. ARTICLE$a .ENUMERATION OF CONTRACT DOCUMENTS §V Tl*Contract:l'cuments,except for Modifications issued after execution of this Agreement,are enumerated as Follows: §8'[9 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contmeto�r,AIA Document,A10 1-1997. §;$. .2to General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Meutnent A2014997. I §11.3.The Supplementary;and other Conditions of the Contract are those contained in the Project Manual dated November 21,2005,and are as follows DRAWING NUMBER, TITLE Topographic Survey L-i fraa i L-4 Landscape Site Details Document Title Pages Project Manual Burnett Linear Park Play Area Complete Manual Renovation §8.1.4 The Specifications are those contained in the Project Manual dated November 21,2005 as in Section 1.1.6, and are as f4tlows: ,(Either list the.�eciflkations here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Technical Specifications Division 2 and 3;and Division 3 of Project Manual §8.1.5 The Drawings are as follows,and are dated November 14,2005 unless a different date is shown below: M her 11 lltE Drawings here or refer to an exhibit attached to this Agreement.) Itle of Drawings exhibit: Bid Set Burnett Linear Park Play Area Renovation;City of Renton,King County, Wngton'. §8.1.6 The Addenda,if any,are as follows:NONE Number Date Pages AIA Document A101 T"—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:10 on 01/10/2006 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1893528470) `4%W *so Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER(Signature), CONTRACTOR(Signature) Kathy Keollter,,Msr Tom Sahli,President (Printed name and title) (Printed name and title) &.'-'j. &JaZ6.' IATTEST(Signature) Bonnie Walton,City Clerk (Ptiznted name and title) AIA Document A101 TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA"" Document is protected by U.S.Copyright Law and International Treaties. s Unauthorized reproduction or distribution of this AIA°' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:10 on 01/10/2006 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1893528470) ACORD CERTIFICAIlovw OF LIABILITY INSURAN`E CSR LH DATE(MM/DD/YYYY) TFSAH-1 01/25/06 PRODUCER- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Northwest Insurance Center Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 16300 Mill Creek Blvd, Ste G-1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mill Creek WA 98012-1279 Phone: 425-742-3212 Fax:425-743-6886 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Ohio Casualty Insurance Co Thomas F. Sahli INSURER B: DBA T.F. Sahli Construction INSURER C: P.O. Box 332 INSURER D: Seahurst WA 98062 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P L Y EXPI TI N LTR NSR TYPE OF INSURANCE POLICY NUMBER P LI Y EFFE IVE DATE MM/DD/YY DATE MWDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY BKW53094183 08/01/05 08/01/06 PREMISES(Eaoccurence) $ 200,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10,000 X $250 Deductible PERSONAL&ADV INJURY $ 1,000,000 Per Job Aggregate GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BAW53094183 08/01/05 08/01/06 $ 1,000,000 A ANY AUTO CO accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ] ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS X ER A EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE BKW53094183 08/01/05 08/01/06 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,0 0 0,0 0 0 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $2,0 0 0,0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Renton, its officials, representatives, agents & employees are hereby named as additional insureds as respects to their interests in all work performed by the named insured subject to policy terms & conditions. CERTIFICATE HOLDER CANCELLATION RENTO-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN City of Renton NOTICE TO THE CERTIFICATE HOLDER NAMED TOT LEFT,BUT FAILURE TO DO SO SHALL Attn: Bill Rasmussen IMPOSE NO OBLIGATION ORLIABI ITYOFANYKIN UPON THE INSURER,ITS AGENTS OR 1055 S Grady Way REPRESENTATIVES. Renton WA 98055 AUTHORIZED REPRESEN ATIVE Lynn Horton ACORD 25(2001/08) ©ACORD CORPORATION 1988 V' 1.►' POLICY NUMBER: T F Sahli Construction NAMED INSURED: BKW53094183 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Renton,its officials,representatives,agents,&employees (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) A. Section 11—Who Is An Insured is amended to (1) All work including materials,parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule,but only with respect to such work,on the project(other than liability arising out of your ongoing operations service,maintenance or repairs)to be performed for that insured. Performed by or on behalf of the addi tional insured(s)at the site of the cov B. With respect to the insurance afforded to these ered operations has been completed; additional insureds,the following exclusion is or added: 2. Exclusions (2) That portion of"your work"out of which the injury or damage arises has This insurance does not apply to"bodily injury" been put to its intended use by any or"property damage"occurring after: person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) `40, Bond # 1040'67188 BOND TO THE CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned Thomas F. Sahli dba T.F. Sahli Construction P.O. Box 332, Seahusrt, Washington 98062 as principal, and 17avelers Casualty& Sumty Co. of ATerica corporation organized and existing under the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of$ 62,739.00 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at , Washington,this day of ,200_. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Burnett Linear Park Area Renovation (project name) the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Thomas F. Sahli dba T.F. Sahli Construction Travelers Casualty & Surety Company Principal Surety of America .Signature Thomas F. Sahli Signature Lynn Orton Owner Title Title Attorney-in-fact Northwest Insurance Center, Inc. 16300 Mill Creek Blvd. , #G-1 Mill Creek, WA 98012 TRAVE `S CASUALTY AND SURETY COMPANY O. AERICA hKVELERS CASUALTY AND SURETY COMP Y FARMINGTON 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 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: Ray A. Smith,Lynn Horton,of Mill Creek,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 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(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Pact 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 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 19th day of November,2002, STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD a�WWpMWWtq„ �'Ty AN 8'p�PN6 o opP0 A. 3 }jAq O w HARTFORD O'b D o y 1982 O By CONN.rf George W. Thompson �+a1•':'�'�� � b1 �`'dD `" ' "`� Senior Vice President On this 19th day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. G.TET� My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of 120 a�5U1pYWNRAI ,Ty A/y �rp�Sl,gy YC yJP OSG r .SUgz1 A. • S' a HARTFORD, s C7 1982 n B N HARTFCRD,j m W o Y CONN, si a Kori M. Johanson 1 °� bl gad `y • '`' Assistant Secretary, Bond