HomeMy WebLinkAboutContract 21442944
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA,
(hereinafter called OWNER} andInsitufarm Tech. USA Indhereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
CITY OF COLUMBIA HEIGHTS SANITARY SEWER
Line 30 L.F. of 10" CIP reduced to 303 L.F. of 8" VCP on Central Avenue,
43`a Avenue to 44`" Avenue
Line 294 L.F. of 8" VCP on 44`" Avenue, Central Avenue to Tyler Place
Line 990 L.F, of 8" VCP on 45`" Avenue, Tyler Street to Fillmore Street
Line 952 L.F. of 8" VCP on Hayes Street, 37'" Avenue to 39`" Avenue
Line 330 L.F. of 8" VCP on Hayes Street, 39`" Avenue to 40`" Avenue
Line 580 L.F. of 8" VCP on 40' Avenue, Hayes Street to Arthur Street
Line 512 L.F. of 8" VCP on Hart Boulevard, 37`" Avenue to 39'" Avenue
ARTICLE 2 -THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
• 2008 SANITARY SEWER LINING:
CITY PROJECT NO. 0804
ARTICLE 3 -ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING
DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's
representative, assume all duties and responsibilities, and have the rights and authority assigned
to ENGINEER in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
17
ARTICLE 4 -CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for iilai payment as stated in the Contract Documents are of the essence of the
Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before May 30, 2009, and completed and
ready for final payment in accordance with paragraph 14.07 of the. General Conditions.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial lass if the Work is not completed within the times
specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. The parties also recognize the delays, expense, and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires
after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for
each day that expires after the time specified in paragraph 4.02 for completion and
readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 -CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs below:
For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as an Exhibit A.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been
computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 -PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of
the General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
18
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the
basis of CONTRACTOR'S Applications for Payment on or about the fifteenth day
of each month during performance of the Work as provided in paragraphs 6.02.A.1
and 6.02.A.2 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit
Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements:
I. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER may
determine or OWNER may withhold, in accordance with paragraph 14.02 of
the General Conditions:
a. 95% of Work completed (with the balance being retainage). If the Work
has been 50% completed as determined by ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER
and ENGINEER, OWNER, on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no retainage on account of Work
subsequently completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100% of
the Work completed less the aggregate of payment previously made; and
b. 95% of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to
increase total payments to CONTRACTOR to 98% of the Work completed,
less such amounts as ENGINEER shall determine in accordance with
paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's
estimate of the value of Work to be completed or corrected as shown on the
tentative list of items to be completed or corrected attached to the certificate of
Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 -INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the rate of 6% per annum.
ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
following representations:
19
A. CONTRACTOR has examined and carefully studied the Contract Documents and
the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to
the general, focal, and Site conditions t1'iat may affect cast, progress, acid
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions and (2) reports and drawings of a Hazardous Environmental Condition,
if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions
and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
......t_:,...:.~:,.,. .. ,J:.,,,«.,.~.,.~..;~~ tt,.,t (`lITTTiJ A!''TlliJ 1,~~ fl;~~~.1,A,-orI ;,~ t1, 4. ('`~,,,tr~~t
QIIIVib'UlI/l,J, Vt UIJI+i I+'lUIIV IVJ UIUt \.+vt~laVl\~a va• tlu.v ulavv vvlvu ,~, a~~v vv,itl uv~
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
20
ARTICLE 9 CONTRACT DOCUMENTS
9.O1 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 17 to 23 inclusive);
2. Performance Bond (pages 00610-1 to 00610-2 inclusive);
3. Payment Bond (pages 00615-1 to 00615-2 inclusive);
4. Other Bonds (pages to inclusive);
S. General Conditions (pages 00700-1 to 00700-41, inclusive);
6. Supplementary Conditions (pages 00700-42 to 00700-50, inclusive);
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings consisting of title sheet and 7 record drawing plan sheets.
9. Addenda (numbers to ,inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (pages to ,inclusive);
b. CONTRACTOR's Bid (pages 10 to 16, inclusive);
c. Documentation submitted by CONTRACTOR prior to Notice of
Award (pages to ,inclusive);
d.
1 1. The following which may be delivered or issued on or after the Effective Date
of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.OI.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9
D. The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.05 of the General Conditions.
ARTICLE 10 -MISCELLANEOUS
10.0 i 1 erms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will
be binding on another party hereto without the written consent of the party sought
21
to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assigmnent will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors, assigns,
and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken
provision.
10.05 Other Provisions (if applicable).
22
a
IN WITNESS WHEREOF, OWNER and CON'T'RACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on
their behalf.
This Agreement will be effective on NFU, Z~ , 2008 (which is the Effective Date of
the Agreement).
OWNER: ,~ CONTRACTOR:
F~ ~f ~ <~;~ ~ ~ °` Insituform Technologies USA, Inc.
C! '~ ~ ~G"r ."
-~ A
By: ~ ~'~ ~ _ __ '- - - By:
(CORPORATE SEAL HERE]
H. Douglas Thomas, Vice President
(CORPORATE SEAL HERE]
t S`
Address for giving notices:
g~ ~i 1 ~`~~ i 7~-~' i~ 4 ~
(If OWNER is a corporation, attach evidence
of authority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing
execution ofOWNER-CONTRACTOR
Agreement).
Designated Representative:
Name: ~-Q UI ~ ]~'UVtS~ ~
Title: Di~tGtUY ~~ I~U1v1~ C lu~>ZtCS
Address: ~ ~'~ ~ ~ rv
E° ~ r i At4 ~. ~ (da . VN 47 slit k~ t' ~ ~I 7 ~
L y t Vl ~r v rr Iyr.l~iPi~ vIN J ~+
Phone: 7 ~~ ' ~ ~~ " 3~' 0 0
Facsimile: 1 ~ ~ " ~ ~~° ~ ~~ ~ (
__--
Attest.. ` i~l. ~ ~,~ ~~ , ~-~'_
Jaii~ Lause, Contracting & Attesting Officer
Address for giving notices:
17988 Edison Avenue
_Chesterfield MO 63005
License No. N/A
(Where applicable)
Agent for service of process:
CT Corporation System, Inc.
405 Second Avenue South, Minneapolis, MN 55401
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority
to sign.}
Designated Representative:
Name: H. Douglas Thomas
Z~ttle: vice President
Address: 17988 Edison Avenue
Ch cStcrf i-'d i•iv 63 vv.ri
Phone;636-530-8000
636-530-8701
Facsimile:
23
U[t.~r. _.,._, ~'_ _ A ~.t.,. ~.~.~~ cif ..., .,i~i~.~... . _, ,.... (SSA, Ins., _ _._.~a;~~
~. ~t q~~~~ t',ti:z' ~_- ;, .. ,11~:,' ~ _ - i 11"a~I31 II7~ CS~-ia',.. r~,-" ~ E~,.,.€FtSt}.
._.~e~i~uve +.~piz t~ s ~ -nir~:~uunr•, i i. _,s_t7 ,~i' 1-
Ct~`~? ~ ~ tt`~S <"•_it~ci~ J~ t;~ic.i _ ~~i, 1 __ _ i!1._] fi •~itl~t=fi itte~ ufly ibis ,~fi! ,~~_+, ~?i
~. i~v.:iti~ft4=is Ih~.° ~.IljLf~'~~L~u~ ;: '1~_,~~ :~~, :±~W:~t ~i~~rer, urr~~ ~~~~1~ t~~~~. ~ - ~ ~~ tut#~c~:it~ . ~~i~C~, ==~
~I1~' ~t}Ci1fi)~ O~~l:; ~~s ~it~. 3`~ ~i1C ~ilit~ ~'~tiliil~r~ ~~fltbt`; 3?lzit j~~t_ITt ~111~t~ iii I_iiI i. f?~ ,;11~',~',.
~_ ~' ~ ~~sicl := .~ _, E i1; _. 1 ~ ~! f t ,1: ~. ~i° _ .~ st: ~.. Fly"? €~ill
~~k ,~' ..~ Lip ~ J;.. J ~ ii:,. !~; ~ iCc~ ~~ ~ ~ _.~ i ~ti„ ~ ~''~ _._ .:L ~I'r_~it~~ ,. _ ~.tilii `_~glll ~S~t~l~.t: _
//~c. ~C~i'!C' '~`, _.!:. ._ :. ,~t', :1. -3i4i;t_-L3[lt ~'. c.._1':_l,l. .I:?t7 ll.. ~' .''~i`~)~!.. ~~.T1:1 ~~c3.tJSte ~2i1': ~~icEl[c' _.t C~r!l. ;'.`
alt~i'it~:L1~ il, « ,1 ~ ?~iti~?~ ,74 ~}lt° ~ ~;~.,;~ti?~~~ Ia:.l~ '~ 111-, !~ it=,gr9c,_' ~la~"C ~ tt ~llj~~ -117 j ,f{~F
Ct13~?i?tA~'f'~. _ `:~.- 1. lii~_1 1:~.:Y.i1il1~ 1..~1~tt:.t ,'I !~a:- 1`~`-..iilC)t3: ,i, ~, t'"'i:f_'.cltl~ [:~ ,iCS~~£ I}3c ~ _:_~ltlCt' e~i 33-t'.
`i~1~t'" (it it?C ~ t;i I1 i-i} 1t~ f'r1I~C itl1~? ..,. ?~r li;~~~_j !~1;: {_ai'~3t_)t`r3[it'13 ~, '' ~S't?1 ~ ~:i;~~ 3~)1~tlitllt~t't
~c~~'.rYa~~ ~,# t~~ + ~,~<~,~ ~~,t<~ ~,i end afl i~i~r'` r>yleC~<f T~s~r.~._', rrc luc~l;~~ ~~~ ._~~,~~~1~ , _~Fi.~' - . ~u ~ ~rt ~t_lw~,
~f3a 1_r~ ltii~5 Cif ~7~; + f~~, _.. ~ i 31t ~ {, ~ __,. ~_,tC c3llt~ ~f; ~c'Iil;:f -.. .':'+'#li3 t~3 s}C'~lA~~ ;;~ .'..;' r t~, ,~ ~.' ~ ,illy i..
(" l._a~ '.1i. fl zii'iCC d'.:C#iY.: 3 [` C!" ~tl<`i', frc~ ;1~~_ - "~slif ~~~ft~:'~~- ~ ~ ~~1~ i?ll~ 1i3e I?H1 j.'~~l'~, ~ ~`-- ~i_ ._.;;~ liC~T~:
il~. ~~~~~i 4~~. ~'~~: S'ti~E,L, Px~RJ1~6 : i' .. __~... '~~I`~~~~ ii~~ f .1111: _ ..~ ~3h1 `~C<°~.~'a ~~ _.t: ~ __
ApCtI, ~' ...
~~ "~',~ _
--_
ACORD
CERTIFICATE OF LIABILITY INSURANCE /I~
DR YYY)
DA ,E (M
TM
71,2(,(,, O
2
PRODUCER L,ockton Companies,LLC-1 St. Louis THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suite 900
Three City Place Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
St. Louis 63141-7081 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(314)432-0500
INSURERS AFFORDING COVERAGE NAIC #
INSURED IDS1tUf011T1 TBChITUIOgIeS USA, InC. INSURER A. Libe~ri Mutual Firc Insurance Company 164) 23035
1041932 l ~qgg Edison Avenue INSURER B: L.,ibelYv Insurance Cilrporation (64) 42404
Cheste~eld MO 63005
INSURER C.
INSURER D:
INSURER E.
COVERAGES INSTE02 29 NSURER/S1.IAUTNORIZED REPRESENTATIVE OR PRODUCER AND T E CERTIF LATE HOL~DER.N~
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 CONTRACTOR 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
INSR DD' POLICY EFFECTIVE POLICY EXPIRATION
LTR
NSR
TYPE OF INSURANCE POLICY NUMBER
DATE (MM/DD/YY)
DATE (MMIDD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000_
A X COMMERCIAL GENERAL LIABILITY T82-647 -00427 8-038 7/1 /2008 7/ I /2009 DAMAGE TO RENTED
PREMISES Ea occurence
$ _ __ 350,000
CLAIMS MADE X^ OCCUR MED EXP (Any one person) $ 10,000
q X Lidependt Contractor BROAD FORM PD/CON'I'RAC'fl L PERSONAL a ADV INJURY $ 2,000,000
p X XCU PER PROJECT AGG. CAP $2lIM GENERAL AGGREGATE $ 4,OOQ000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4,000,000
POLICY X PRO LOC
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
000,000
$ 2
A X ANY AUTO AS2-641-004218-028 7/1 /2008 7/1 /2f IU9 (Ea accident) ,
ALL OWNED AUTOS BODILY INJURY $ XXXXXXX
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $ XXXXXXX
NON-OWNED AUTOS (Per accident)
X PHYSICAL DAMAGE
PROPERTY DAMAGE
(Per accident) $ XXXXXXX
DED. -PER POLICY
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE. OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY AGG $ XXXXXXX
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX
OCCUR ~ CLAIMS MADE NOT APPLICABLE AGGREGATE $_ XXXXXXX
$ XXXXXXX
UMBRELLA
DEDUCTIBLE FORM $ XXXXXXX
RETENTION $ $ XXXXXXX
A
C
X
B WORKERS COMPENSATION AND WAS-64D-009004-448 7/1/2008 7/I /2009 ORY LI
ER
MITS
B EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
WC7-64 1-0042 1 8-01 8 (WI&OR)
7/1/2008
7/1/2009
E.LEACHACCIDENT
$ 1,000,000
OFFICER/MEMBER EXCLUDED?
NO E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: 2008 SANITARY SEWER LINING - CITY PRO.IECT NO. 0804. CITY OF COLUMBIA 1{EIGIi'i'S 1S ADDITIONAL INSURED UNDER GENERAL
LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WI"1 H RL:SPEC"1" "FO LIABILITY ARISING OUT
OP THE NAMED INSURED'S OPERATIONS.
CERTIFICATE HOLDER CANCELLATION
3980600 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF COLUMBIA HEIGHTS DATE THEREOF, THE ISSUING INSURER WILL1iA"VIOJQX4XMAIL 30 DAYS WRITTEN
632 38~I~I-I AVENUE N.E. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,~('d,'1?#-7Kl's'(J[~hICK90?5193~
COLUMBIA HEIGHTS MN 55421-3806 [AST{p~&~il~~HiJG~i~I4t~YX~si:Ini{Ik7S,y?pE?~~tp`(1,tI~If~;tX}~K~1C3S~3
E~RT36~~.'!}X~11~5.
AUl
ACORD 25 (2001/08) For questions regarding this certificate, contact the number listed inthe'Producer's - ,,,,,,~~,,,~ ,,,,,2PORATION 1988
PBRF®RMANCE BONA
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR {Narnc and Address): SURETY (Name and Address of Principal Place of Business):
Insituform Technologies USA, Inc. Travelers Casualty and Surety Company of America
17988 Edison Avenue One Tower Square
Chesterfield, MO 63005 Hartford, CT 06183-9079
OWNER (Name and Address):
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421-3806
CONT)tACT
Date:
Amount: Ninety Nine Thousand Seventy Six and NO/100 Dollars ($99,076.00)
Description (Name and Location): 2008 Sanitary Sewer Lining
City Project No. 0804
BOND
Bond Number: 105200889
Dace (Not earlier than Contract Datc):
Amount: Ninety Nine Thousand Seventy Six and NO/100 Dollars ($99,076.00)
Modifications to this Bond how: N/A
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance
Bond to be duly executed vn its behalf by its authorized officer, agent, or represcntalivc.
CONTRAC'T'OR AS PRINCIPAL
Company:Insituform Techn logie USA, Inc.
Signature: ~'~"~ ~ (Seal)
Name and Title:
H. Douglas Thomas, Vice President
(Sparc is provided below for signatures of additional
parties, if required.)
SURETY
Travelers Casualty and Surety Company of America
(Seal)
Surety's Namc and Corporate Seal ~-
Sign`attice and itle Stephanie L Klearman, Attorney-In-Fact
{Attach P wcr of Attorney)
Attest: r ~ ~ n¢~ ~ `` '~
Signature an Title Lynn Christanell, Witness
CONTRACTOR AS PRINCIPAL
Company:
Signature; (Scat)
Name and Title:
SURETY
(seal)
Surety's Name & Corporate Seal
BY=
Signature and Title
(Attach Power of Attorney)
DttaM~
Signature and Title:
EJCDC No. C-610 (2002 Edltton)
OriEinatly prepared through the joint etTorty of the Surety Associrition of America, EnginoerF Joint Contract Documents Committee, the Associated General
Contractors of America, And the AmGriCAn institute of Architects.
00610-1
I 'fhc Contractor and the Surety, jointly and Severely, bend themselves. lhtir
herrs, execuors, admnsistrators, successors and assigns to Owttcr for the
performance nrthc Contract, whioh is tncorpnrned herein by reference.
2. if Contractor performs the Contract, Sun:ry and Contractor have no ohtigation
under this t3ond, except to pantciptne in conferences as provided in psmgraph 3.1
3. if there is no Owner Default, surety's obligation under thts Bond shell arise
a Rer
3. t Owner has nouficd Contractor and surety, at the addresses described in
Paragraph 10 below, that Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with
Contractor snd Surety to be held notluter than l,5 days after receipt of
such notice to discuss methods of perl'nrming the Contract. If Owner,
Contractor and Sdrery agree, Contractor shall be allowed a reasonablC
time to perform the Contract, but such an agreemem shalV not waive
Owner`s right, ifany, subsequently to declare a Contractor r)efnult; and
7.2 Owner has declared a Contracror Defouk and Cormally tcrminatcd
Contractor's right to complete the Contract. Such Contractor Defauh
shall not be declared earlier than 20 days after Contractor and Surety
have received notice as provided in f'eragraph 3,1: and
3.3 Owner has agreed to pay the Halancc of the Contract Price to:
t. Surety in accordance with the terms of the ConuucC
2. Another contractor setccted pursuant m Paragraph 4,3 to perform
the Contract.
4, When Owner has satisfied the conditions of Paragraph 3, Surety shalt promptly
and et Surety's expense take one of the following actions:
q,l Arrange for Contractor, with consent of Owner, to perform end
complete the Conuact; or
4.2 Undertake to perform and complete the Contract hself, through its
agents or through independent contractors; or
4,3 Obtain bids or negotiated proposals from qualified contntetots
acceptnblc [o Owner for a contract for performance and completion of
the Comract, arrange for s contract to be prepared for execution by
Owner and Contractor setccted with Owner's Concurt'Ctree, to be
secured with perfomrancc snd payment bonds executed by a qualified
surety equivalent to the bonds issued on the Comract, and pay To Own or
the amount of damages as described in Paragraph 6 in excess of the
Balance of the Contract Pnce incurted by Owner resulting from
CanlractorDcfault; or
4.4 Waive its right to perform and complete, arrange for completion, or
obtain a new conuactnr and with reasonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may be
liable to Owner and, as soon as praclicablc after the amount is
determined, under payment therefore to Owner, or
2. Deny liability in whoic nr in pan and notify Owner citing reasons
therefor.
5 tf Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default nn this Hond IS days char
receipt of an additional wrinen notice From Owner to 5urcry demanding that
~a..,~ ,.tirea..~~~ „~~~r laic Rn_nd. and Owner Shall be entitled to
J41LL~J p...llVl,,, its Vw.•t,r,...... ~"--' ""- - "-
enCorce any temtdy available ro Owner. !f Surcry proceeds as provided io
Paragraph a,4, and Owner refuses the payment tendered or Surcry has dented
liability, in whoic or in pnt1, without further notice Owner shall be Cnlilled to
enforce any remedy avatlablc w Owner,
12,3 Contractor Default. railurc of the Contractor, which has neither been
remedied nor waived, to perform or otherwise to cornply wuh the terms
of [hc Contract.
11 A Uwner DefaulC Failure of Uwner, which has neititcr been remedied oar
waived, to pay Contractor ns required by the Contract or to perform and
ComplCle or comply with the other terms ihcrcol'.
FOR [NFOI.MATION ONLY -Name, Address, anQ Telephone JW Terrill
16091 Swingley Ridge Road
Surety Agency or Broker Chesterfield, MO 63017
Owner's Representative (engineer, or other parry) 636-728-7700 _........_ __._
6. After Owner has terminared Contractor's right to complete the Contract, snd if
5urcry tiects to act under Paragraph 4, i, 4 2, or 4.3 above, then the respnnsibilitics
of Surety m Owner shall not be greater than those of Comractnr under the
Contract, and the responsibiliucs of Uwner ro Surcry shall not be greater Than
those of Owner under the Contract To a hmu ttl' the amount of this l3ond, but
subject to commitment by Owner of the Balance of tht Contract Price to
mitigation of costs and damages an the Contract, Surety is obligated without
dupliceuan far
6 t The re5ponsibilittes of Contractor far corrcctinn of defective Work and
completion of the Contract;
6:L Additional legal, design professional, and delay ousts resuhing from
Contractor's i)efuult, and resulnng from the actions or fatlurc to act of
Surcry under Paragraph 4, anti
6,3 Liquidated damages, ar if no liqutduted damages ace specified in thu
Contract, actual damages caused by delayed performance or non-
performanoe of Contractor,
7. Surety shall not be liable to Owner or others for obligations of Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shat{ not be
reduced or set oifi on account ofanysuctt unrelated obligations. Nn right ofaction
shall accrue on this Bond to any person or entity other than Owner or its heirs,
executors, administrators, orsuecessors,
B. Surety hereby waives notice of any change, including changes of Ume, to
Comract or to related subcontracts, purchase orders, and other obligations
g, Any proceeding, legal or equitable, under this Hond may be instituted in any
loon 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 Oefautt or
within two years after Contractor ceased working or within two years after Surcry
refuses or faits to perform its obligations under this Bond, whichever occurs first,
If the provisions of this paragraph ere void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction ol'thc suit
shall be applicable,
10, No[iee to Surety, Owner or Contractor shall be mailed or delivered to the
address shown on the signature page.
t I. When this bond has been famished to comply with a statutory requirement in
the location where the Contract was to be performed, any provision in this Bond
conflicting with said statutory requirement shalt be deemed deleted herefrom and
provisions conforming to such statutory requiremem shalt be dctmcd incnrporared
herein, "fhc intent is that this Bond shalt be construed as a statmary bond and not
as common taw bond.
72. f?cfinitions:
12,1 Balance of the Contract Price: The mtal amount payable by Owner to
Contractor under the Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or to
be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of Conliactorunder the Conuact.
12.2 Contract: The agtcement between Owner and Contractor tdenlified on
the signature page, including all Contrect llncumcnts and changes
thereto,
00610-2
FAYNiENT BOPI'Y}
Any singular reference to Contractor, Surety, Owner or other party shat l be considered plural where appiicabie.
CONTRACTOR (Name and Address):
Insituform Technologies USA, Inc.
17988 Edison Avenue
Chesterfield, MO 63005
OWNER (Name and Address):
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421-3806
SURETY (Name and Address of Principal Place of business):
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183-9079
CONTRACT
Date:
Amount: Ninety Nine Thousand Seventy Six and NO/100 Dollars ($99,076.00)
Description (Name and Location}: 2008 Sanitary Sewer Lining
City Project No. 0804
BOND
Bond Number; 105200889
Date (Not earlier than Contract Date):
Amount; Ninety Nine Thousand Seventy Six and NO/100 Dollars ($99,076.00)
Modifications to this Bond Form: N/A
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Payment bond to be duly executed on its behalfby its authorized officer, agent, ar representative.
CONTRACTOR AS PRINCIPAL
Company:Insituform Technolog' s USA, Inc.
Signature: (Seal)
Narne an itie.__.
H. Douglas Thomas, Vice President
(Space is provided below for signatures of additional
parties, if requited.}
CONTRACTOR AS PRINCIPAL
Company:
Signature: (Seal)
Name and Title:
SURETY
Travelers Casualty and Surety Company of America (Seal)
Surety's Name and Corpora Se
~,
Signature an Title Stephanie L. Klearman, Attorney-In-Fact
(Attach Fower of Attorney)
Attest: ~ '~ 4 ~~~
t,f'YEr~ tT t.4~~ ~,
Signature ant Title Lynn Christanell, Witness
SURETY
(Seal}
Surety's Name and Corporate Sea!
Bv:
.J T'~,..
5igr~aiure anu i iuc
{Attach Power of Attorney)
Attest:
Signature and Title
EJCDCNo. GG35 (ZOOZ?rdiiion)
Orieinatiy prepAred through the Joint efforts or the Surery A99otiatioo oiAmerica, Enginccr9 Joint Contract Documents Committee, the Associated General
Contractors orAmerica, and the American Institute of Archileete, the American Suhcontractore Association, rnd the Associated Specialty Contractors.
00615-i
1. Conlrudur and 5urep~, jointly and severally, bind ihemscives, their hors,
executors, udministrntors, successors and assigns to Uwttcr to pay fot labor.
materials and equipment furntshcd by Clnimimts for use in Ifie pcrformancc of
the Contract, which is incorporated harem by rel'crence.
2 W lih tCSpCCt l0 Owner, tots obiigauon shall be null and void if Contractor
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless Owner From all Claims,
demands, ]fens or suits alleging non-payment by Contractor by any
person or cnttty who famished labor. materials, or equipment for use
in the pcrformancc of the Contract, provided Owner has promptly
notified Contractor and Surety (at the addresses described in
Paragraph 12) of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens, or suits to Contractor and
Surary, and provided there is no Owner Default.
3, wrth respoct to Claimants, this obligation shall be null and void iC
Contractor promptly makes payment, dirccuy or indirccdy, for all sums due.
d, Surary shall hove no obligation to Claimants under this Dond until:
4.1 Claimants who arc employed by ur trove a direct contract with
Contractor have given notice to Surcry (al rho addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owncy stating
that a claim is being made under this Bond and, with substantial
accuracy, rho amount of the claim,
d : Claimants who do not have a direct contract with Contractor.
1. Flflve fumishcd wnnen notice to Contractor and sent a copy,
or notice thereof, to Owner, within 40 days after having last
performed labor or last furnished materials or equipment
included in the Guim stating, with substantial accuracy, the
amount of the claim and the name of the: parry to whom the
malCrials or equipment were fumishcd or supplied, or for
whom the labof was done or performed; and
2. Have either received a rejection in whole or in pan from
Contrntlor, or not received within 30 days of furnishing the
above notioc any communication from Contractor by which
Contractor has indicated the claim will be paid directly or
indirectly; and
3. Not having been paid within the about 30 days, hove sent a
wril[en notice to Suroty and sent a copy, of notice thereof, to
Cnvncr, stating rho[ a claim is being made under this Bond and
enclosing a copy of rho previous written notice fumishcd to
Contractor,
5. If u notice by a Claimant required by Paragraph 4 is provided 6y Owner to
Contraetoror to Sureq~, that is sufficient enmpliance.
G. When a Claimant has salislied the conditions of Paragraph 4, the Surety
shalt promptly and at Surety's expense take the foUuw-ng actions;
6.1 Send an answer to shot Claimant, with a copy to Owner, within 45
days after receipt of rho ctuim, stating the amounts thnt are
undisputed and the basis tar challenging any amounts that arc
disputed.
h 7 Vav nr arranor rnr navment nfnnv undisputed amounts.
7. Surety's total ohhgatien shall nut exceed the amount of this Dond, and the
amount of this Dond shall be eicdited Ibr any payments made in good faith by
Surety
R. Amounts awed by Owner to Contractor under the Contract shall be used
for nc~ peribrmancc of the Contract and to satisfy claims, if any, under any
pcrformancc bond. By Contractor furnishing and O~+ner accepting this Bond,
they agree that all funds earned by Contractor in the performance of the
Contract ere dedicated to satisfy obligations of Contractor and Surety under
This Bond, subject to Gwner's priority to use the funds for the completion of
the Work.
4. Surary shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. The Owner shall not be liable
Ibr payment Of any costs nr expensCS of any
Claimant under this Dund, and shall have under this Bond no obligations to
make payments to, gwe notices on behalf uf, or otherwise have obligations to
Claimants under this Dond.
10. Surcry hereby waives notice of any change, including changes of lime to
thu Contract or to related Subcomracts, purchase orders and other nbligauons.
t 1. No suit or action shall be commenced by a Claimant under this Bond
other than in a coon of competent jurisdiction in the location in which the
Work or pan of the Work is located or after the expiration of pee year from
the date (I)on which the Claimant gave the notice required by Paragraph 9,1
ar Paragraph 4.2.3, or (2) on which the last labor or service was performed by
anyone or the Inst materials or equipment were furnished by anyone under the
Construction Contract, whichever of (t} or (2) first occurs, If the previsions
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 salt Shalt
be applicable.
12. Notice to 5uizty, Owner or Contractor shall be mailed or delivered to the
addresses shown on the signature page, Actual receipt of notice by Surety,
t7wner or Contractor, however accomplished, shall be sufficient compliance
as of the dale received at the address shown on the signature pogo.
13. When This hood has been furnished to comply with a stanrtory
requirement in the location where the Contract was to be performed, any
provision in this Bond conflicting with Said statutory or legal requirement
shall 6e deemed deleted herefrotn and provisions conforming to such statutory
requirement shall be doomed incorporated herein, The intent is chat this Dond
shall be construed as a statutory bond and not as a common law bond,
14. Upon requests of any person or enfiry appearing to be n potential
hcncficinry of this Bond, Contractor shall promptly htmish a copy of this
Hood or shall permit n copy to be mode,
I5. DGrfN1TtONS;
I5.1 Claimant. An individual- or entity having a direct contract with
Contractor, or with a First-tier subcontractor of Contractor, to
furnish Inbor, materiels, or equipment for use in the pcrformancc of
the Contract. The intent of this Bond shell be to include without
limitation in the terms "labor, materials or equipment" that part of
venter, gas, power, light, heat, oil, gasoline, telephone service, or
rental equipment used in the Con[raCt, architectural and cngincering
services required for pcrformancc of the Work of Contractor and
Contrnetor's SubcortraCtots, and all other items for which a
mechanic's lien may be asscned in the jurisd'ICtion where the labor,
materials or equipment were fumishcd.
t 5 ? Contract: The agreement between Owner and Contractor identified
nn the signature page, including all Contract llocuments and
changes thereto.
J5.3 Owner f3efeult: FailureoFOwner, which has neither been remedied
nor waived, to pay Contracror as required by the Contract or to
perform and complete or comply with the other terms thcrcot;
FOR INFORMATION ONLY -Name, Address, and Tclcphore JW Terrill
Surety Agency ar Stoker: 16091 Swingley Ridge Road
Owner's Representative (engineer or ocher party): Chesterfield, MO 63017
636-728-7700
00625-2
State of li!Iissouri
County of St. Louis
On before n1e, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared STEPHANIE L. KLEgRIQ-~AN known to me to be
Attoniey-in-Fact of
TRAVELERS CASUALTY' ~,ND S><.JlZET~' ~~31i~IPr-~l°dY ~F AIVIERIC~
the corporation described in and that executed the wifllin and foregoing instrument, and known to me to
be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
M~~ Commission Expires ~J %~ `4-~ f ~~~~ `I~°'
Dana A. Da•aaov, Notar~~ Public
m
tn/ARIvtNG: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelit;v and Guaranty Insurance Underwriters, LTC.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No. ? j 8407
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
TI•ave[ers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certiticate No.
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New Yi,rk, d7at St. Paul
Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercer}' hTSUrance Company are corporation duly organized under dTe laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Cotnl,7any, and Travelers Casualty and Surety Cumpamy of America are
corporations duly organized under the laws of dTe State of Connecticut. that United States Fidelity and Guaranty Company is a corporation ih~h~• organized under ehc
laws of the State of Maryland, that Fidelity and Guaranty Inurance Company is a corporation dull organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a wipe"n'ation duly organized under the laws of the State of Wisconsin ('herein colle~i ively called the "Companies"j, and that
the Companies do hereby make, constitute and appoint
Andrew P. Thome, Dana A. Dragoy, Justine P. Weber, Kristan L. Lucas, Anne M. Gliedt, Stephanie L. Klearman, Peter J. Mohs, and Helen A. Antoine
of the City of Chestcrtlejd ,State of M1SSOllr] ,their true and IawPul Atiorneytsi-in-Fact.
each in their separate capacity if more dean one. is named above, to sign, execute, seal .and acknowledne any and all bonds, recognizances, conditional ~mderalcin~,s and
other writings obligatory in the nature thereof on behalf of the Companies hT their business of guaranteeing dTe fidelity of persons, rusiranteeina the perfiNrnance of
contracts and executing or guaranteeing bonds and undertakings required or pernucted in an,v ac{ions qr proceedings allowed by law.
IN WITNF,U~SyWIIETtEOF, the Comp~~i~~have caused this instrumenhto be signed and Th~ircar}~orate seals to be hereto affixed, this
day of J ,
Farmington Casualty CompalTy
Fidelity and Guaranty Insurance C+Dmpanv
Fidelity and Guaranty Insurance UnderwT~ters, Inc
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
30th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
1Yavelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
O~SU,~ rr SIYiETY ..,s'yiat "4"w,,,w ~P.,~N N "\ .: •,~"iNSU° p~lr aNO """'suN '' l1TY
(~, ~,y_ M'~.o, O..-...... _Gy} ~'.1p ......._Ry`*, yJ s .tyPxa.`Eryr DOE '~'0~,
p2 oar°'4 ~ v ~°0p`°'°~c G *' 'Tro - ? i'oaron ~ 'o;' ~ %+': oP °~ g ~.,F
~ ~' ~b ° IlCOH T? ~P m 1(pf rc ... ~>Fim~ : w: ORPORA> ' r• E ¢ .. 3 i
1 9 8 2 O ~ '~ 9~' MATED 927 ~ a'" =it'^~ '.. - " i Z: ~ P ~: n ; HARTFORD ~J' HAKtFO~'s" ~oiCD
Z ~q_ _,.$' ; ~~~ 1951 ~ N~ ~`• SEAL.'o' ~~' ~o' w CONN. ~~CONN. ~~ ~, 1896 -+
~ °+ec`° a ~j, r ~'. '-~tSEALir_c y o ~ o
* O±$
.r r , ~/.~ T 9`~OF ~ /"~1sE"r n N ct C a j . ~ ~ j = °' ~, er'ba db aa~ ~f v0`'~ `~'d
b H l~ hEW ~ ~.,,,,, ~~". 5.:,:H Dr '#, ,5.. .... ..T, ~r`< < ~,N ,`mereaf ~ RPN~
"ti ,..~...^"
State ol~ ComTecticut
City of Hartford ss.
By:
Georg, Thompson, enior ici President
30th July 2008
On this the day ~'~f ,before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice; President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty b~surancc Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers
Casualty and Surety CompvTy, Travelers Casuahy and Surety Company of Amerca, and United Stages Fidehty and Guaranty Company, and that he, as such, bem~
authorized so to do, executed the foreg~~~ing instrument for dTe purposes therein contained by signing on behalf of the corporations by himself as a duly ~uuhorized officer.
G.TlT
In Witness Whereof, I hereunto set my hand and official seal. ~~
My Commission expires the 30dT day of June, 201 1. ~ * ~
~ 'OtlBll
MV C't'~'~
Marie C'. Te.u'euutt, Notary Public
58440-5-07 Printed in U.S.A.
WARNiNU: I till POWER OF ATTORNEY IS INVALID WiTHC7UTTHE RED t3UHUtHe
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 Iusuranee Company, Fidelity xnd Guaranty IIISUranCe Underwriters, Inc., Seaboard Surety Company, 5t. 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, drat the Chairman, the President, any Vice Chairman„ any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasmcr, any Assistant Treasurer, Che Corporate Secretary or any Assistant Secretary tray appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give suelt appointee such authority as his or her certificate of amthrn-iry may pre~sa-ihe to sign with the Company's name and seal with the
Company's seal bonds, reeognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or ehe Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FL'R'fl`HER RESOLVED, that the Chairman, dre President, anv Vice E:hairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate tell or any part of the foregoing authority tq one or more off`7cers 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 iudemrrity, or writing obligatory in the nanire of a bond, recognizance, or conditional undertaking
shall he valid xnd binding upt~rn dre Company when ta} signed by the President, any Vice Chairman, any Executive Vine 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 Secretarry or Assistant Secretary; or t bi duly executed 1 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 nwre Company ofFcers pursuant to a written delegation of authority; and it is
FLIR'I'13I+'.R RESOLVED, that the signature of each of the following o$iee~rs: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice Presidett, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney r'"rr 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 ally such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid attd bindin<z upon the Comparry 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 hand or understanding to which it is attached.
I, Kori M. Johanson, the. undersigned, Assistant Secreuary, of Ftu-mington Casualty Company, Fidelity and Guaranty Insurance Comparry, Fidelity and Guaranty Insurance
Underwriters, II7c., Seaboard Surety Company, St. Maul Flre and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance
Company, Travelers E`asua]ty and Surety Company, Travelers Casualty and Su-et~~ Cnrttpany of t~merica, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Powe .'-.`tlionre" executed by aid Companies, which is in full force and effect and has not been
revoked.
IN TESTIMOi~'Y ~i'IIERI:OF, I have hereunto set my hand and affixed the sea3~ of said companies this day of , 20 _
Cw /~r''GZ '
Kori M. Johann Assistant Secretary
Cnsv,~~ 'C! -cgS11WE1Y asv'~a~ a"""~~ r `*'. ,.''1 ,NSUq''~. p~SY RND ,,~}YIII-
1' c7' M °0 6 ' .. 9 JP, .......... 4 gJ y, ,[~t3a„~~BFt4 ~Yt" "~J
2y°p.POl~r 6 ~tPn°~9~~a w~v.~ G lti' ,,,$$$''' -l y `,tQ~! a*°~ .'1''~ L ~ u.Q
O5 ~ [t q ~~`^~r~nvtTt~~ ~ ~ P. m~ rjfLOR POR~)rym, ii.~irCORPORA7F'.. m` bP Fs '''~ ~~. I
~ t s s z o ~ 1877 ~ 92 7 - ~ 7 "" s ~ _-- : ~ : q HARTFORD. ~~ruarFORUt ~ Z
z ~~~$; 19.r)1 ? N - ~`~5EA •n; .~: ~os w CONN. ~~CdNN. ,f£ in .c
~~ is 9 ~. ~`-„2, °.g ~~: G,:,qo; ,o6:.SEA.L'n ~" r° ..~" ga ~ye,+U
`-r tiN .~ h~ ~OF hEW~ ~'ns~,r, y,ryc< IS'-MH,~b f dYn .. ....: P~$,r 66r Ada i•• ~yt lye AP6m°.
'1'o verify the authenticity of this Power ref Attorney, call 1-800--121-3R8t,1 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.
! WARNINr Tulc ~nrnrER nr= a-r-rn =Y i n ••; Ir ,r ruG RED BORDER