Improvement Contract/Bond_SAK Construction_FY16 CIPP Sanitary Sewer Lining Project Copyright 2014
City of Dubuque Consent Items # 34.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Hawkeye Electrical for the Dubuque City Hall Electrical
Service Project; McDermott Excavating for the Heeb Street
Retaining Wall Project; SAK Construction, LLC for the FY
16 (Cl PP) Sanitary Sewer Lining Project; Top Grade
Excavating for the Key West Drive Reconstruction Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Hawkeye Electrical Contract and Bond Supporting Documentation
McDermott Excavating Contract and Bond Supporting Documentation
SAK Construction, LLC Contract and Bond Supporting Documentation
Top Grade Excavating Contract and Bond Supporting Documentation
SECTION 00500
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
FY16 (CIPP) SANITARY SEWER LINING PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 17th day of March, 2016 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and SAK
Construction, LLC (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the FY16
(CIPP) SANITARY SEWER LINING PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
7. Project Title Page (Section 00100).
8. Project Directory Page (Section 00101). y
9. This Public Improvement Contract (Section 00500).
10.Performance, Payment, and Maintenance Bond (Section 00600).
11.Out-of-State Contractor Bond (Section 00610). i
l
12.Other Bonds: y
a. (Bond Name) (pages_to , inclusive).
b. (Bond Name) (pages_to_ , inclusive). fi
{
c. (Bond Name) (pages_to_ , inclusive).
13.The Iowa Statewide Urban Design And Specifications (SURAS) 2015 Edition.
14.CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
15.Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
16.Special Provisions included in the project Contract Document Manual.
17.Drawings—Sheet No. 1 through No. 34 (00 pages) or drawings consisting of
sheets bearing the following general title:
18.Addenda (numbers_to_ , inclusive).
19.Insurance Provisions and Requirements (Section 00700).
20.Sales Tax Exemption Certificate (Section 00750).
21.Site Condition Information (Section 00775).
22.Construction Schedule and Agreed Cost of Delay (Section 00800).
23.Erosion Control Certificate (Section 00900).
I
SECTION 00500
24.Consent Decree (Section 01000).
25.Other Project Information and Permits (Section 01100).
26.Exhibits to this Contract(enumerated as follows):
a. Contractor's Bid (pages_to_, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i.
ii. I
iii.
e. None.
27.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement). i
9
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or q
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any
claim by any party that may be filed for labor and materials done and furnished in
connection with the performance of this Contract and for a longer period if such claims are
not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or
Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any
claim that has been filed against it for damages to persons or property arising through the
prosecution of the work and such sums will be held by the City until such claims have been
settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix i
any other defect in any part of the Project, even if the Project has been accepted and fully
paid for by the City. The Contractor's maintenance bond will be security for a period of two
years after the issuance of the Certificate of Substantial Completion.
SECTION 00500
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction. Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this
Contract, provided that such claim, damages, loss or expense is attributable to bodily
injury, sickness, disease or death, or injury to or destruction of property, including loss of
use resulting there from, but only to the extent caused in whole or in part by negligent acts
or omissions of Contractor, or anyone directly or indirectly employed by Contractor or
anyone for whose acts Contractor may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any'other person
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any
other Bidder, or with any public officer,whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything of value whatever in order to obtain this
Contract; and it has not, nor has another person for or in its behalf directly or indirectly,
entered into any Contractor arrangement with any other person, firm, corporation or
association which tends to or does lessen or destroy free competition in the award of this
Contract and agrees that in case it hereafter be established that such representations or
guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%)
of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the
City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of
the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
SECTION 00500
C. Equipment or products authorized to be purchased with federal funding awarded for
this Contract must be American-made to the maximum extent feasible, in accordance
with Public Law 103-121, Sections 606(a) and (b).
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
DI CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the
State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the
Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City
and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms
and corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained
to perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
httr)://www.citvofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies
of all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come
into its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to
be maintained under the Consent Decree. At the conclusion of the information-retention period, the
City must notify the United States and the State at least ninety (90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the
United States or the State, the City must deliver any such documents, records, or other information to
the EPA or IDNR.
i
SECTION 00500
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
1. 1 have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's j
failure to comply with the Consent Decree.
CONTRACTOR:
SPrk „nuc o t,c
Contra
By:
� 1
Signator
B0r-I2
Prin ed Name
Vice P,esr�
Title
aII /(o
Dat
1
1
SECTION 00500
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents. y
CONTRACT AMOUNT $ 454,886.50
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
2-�
Signattife
Michael C. Van Milligen
Printed Name
City Manager
.Title V V
d
Date V
CONTRACTOR:
Contra,�t�rr
�r
By: I
Sig ure
I J 1-k,-
Printe6 Namep
V 1 ce { re S i d�e,,t
Title
Date
END OF SECTION 00500
I
9
p
SECTION 00600 BOND#106481276
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, SAK Construction. LLC, as Principal (hereinafter the "Contractor" or "Principal")
and Travelers Casualty and Surety Company of America , as Surety
are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this
Bond in the penal sum of
Four Hundred Fifty Four Thousand Eight Hundred Eighty Six Dollars and Fifty Cents dollars
($454,886.50 ), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally, firmly by these presents. W
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the 17th day of March, 2016, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with
the Contract Documents, and to faithfully perform all the terms and requirements of said Contract
within the time therein specified, in a good and workmanlike manner, and in accordance with the
Contract Documents. The Contract Documents for FY16 (CIPP) Sanitary Sewer Lining Project
detail the following described improvements:
Project involves the installation of approx. 12,049 linear feet of cured-in-place pipe at
various locations.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay and expense incurred by the Owner by reason of the
Contractor's default of failure to perform as required. The Contractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond is
I
ti
r
i
G
E
f
I
i
SECTION 00600
given, including but not limited to claims for all amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of two (2) year(s)from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and �
I
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent(20%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
f'�
r,
k
E
e
{
�,
i
i
i
t
i
I
i
i
SECTION 00600
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by the
Owner including interest, benefits, and overhead where applicable. Accordingly, "all
outlay and expense" would include but not be limited to all contract or employee
expense, all equipment usage or rental, materials, testing, outside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
and Surety will defend and indemnify the Owner on all claims made against the
Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and
Contract Documents, in approved change orders, and in this Bond will be fulfilled, and
that the Owner will be fully indemnified so that it will be put into the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any"outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125°/x) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
h
R
6'
�'
I
e
4
4
I
f
I
i
i
f
i
i
SECTION 00600
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable
provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or
construed according to its generally accepted meaning in the construction industry; and fourth, if it
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. # 7101637, 7102548
Witness our hands, in triplicate, this 21 day of March , 2016.
SURETY COUNTERSIGNED BY:
N/A
FORM APPROVEDBV.
Signature of Agent
Representative for QIvner
Printed Name of Agent SURETY:
Company Address Travelers Casualty and Surety Company of America
Surety Qompany `�
City,State,Zip Code By e: C,- `�' //
Signature Attorney-in-Fact Offic
Company Telephone Number Dana A.Dragoy,Attorney-In-Fact
Printed Name of Attorney-in-Fact Officer
PRINCIPAL: Travelers Casualty and Surety Company of America
SAK Construction, LLC Company Name
Cont g,cJor 4 Hoffa O'F' Ion,MO 63366 One Tower Square
Company Address
By:,.
S—idHartford,CT 06183
Boyd Hirtz City,State,Zip Code
Printed Name 860-277-0111
Company Telephone Number
Vice President
Title
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
SECTION 00600
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
END OF SECTION 00600
I
I
i
�k
f
�4
��
4
i
�I�
f
F
i
I
i
ACKNOWLEDGEMENT FOR CONTRACTOR
ACKNOWLEDGEMENT FOR CONTRACTOR, IF LIMITED LIABILITY COMPANY
STATE OF Missouri }
COUNTY OF St. Charles }
ON THE _-I DAY OF MCA 20 9 , BEFORE ME
PERSONALLY APPEARED Boyd Hirtz TO ME KNOWN AND
KNOWN TO ME TO BE THE Vice President OF SAK Construction, LLC,
A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED
LIABILITY COMPANY.
Notary Public
1RSARA TRENDE
Notary Public-Notary Seal
State of Missouri
( core aosL Stared for St.Charles County
k�jy commis )E*Ires:December 19,2018
Commission Number:
6
n
9
i
G
i
f
I
i
State of Missouri
County of St. Louis
On 3/21/2016, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and
sworn, personally appeared Dana A. Dragoy known to me to be Attorney-in-Fact of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
the corporation described in and that executed the within 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.
y�
J
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this p
certificate above.
,U' u
Amanda L. Williams, Notary Public
AMANDA L.WILLIAMS
Notary Public-Notary Seal
STATE OF MISSOURI
St.Louis County
My Commission Expires: July 24,2017
Commission#13507257
My Commission Expires:
i
�I
j
'i
I
i
I
I
�I
I
I
I
i
I
i
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELER/�^VELE'`R Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 230491 Certificate No. 006648213
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Andrew P.Thome,Dana A.Dragoy,Peter J.Mohs,Debra A.Woodard,Barbara Buchhold, Michael D.Wiedemeier,Amanda L.Williams,and Jessica
Avery
I�
of the City of Chesterfield State of Missouri their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their,business of-guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or peratted-in any actions or proceedings allowed by law.
e
' 25th
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and the corporate seals to be hereto affixed,this
day of February 2016
Farmington Casualty CourpnnyC St.Paul Mercury Insurance Company
Fidelity and Guaranty3nsurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurauce Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
R6U °fYrI'I O"u4lRE��y/WWUH -� M,•�INS �SYANO
FORD
•uNWW� TY
,�oy O�P.-....sG .Pt:.....�R,q"• ,yJr s 1NN�u96TD OFl� AM1'0
iOe'oPPy Ate 6 ie s2tl yc >q i Q•.• 9r J:' 4''= � G � �+� 4'�. 9�7 INCOBPOpgTED '� m= ma °'• m S 'Z E°�—... F•°o': a HART , 3°F14ft7FtlFlt7,i' a iNc' �
Y9&2 0 6
�e 1951 sb li SEI !0X •o; CONN. o BONN fig fl
�ycaa %csL. �o L ted., o 'o6:SEALi3S m .. •r 8
y W F �j9 * WiirY�ANGE� heels..::�y°j '+a,',raa.mwr"'"�` s1 "P I � NQ R!N
State of Connecticut By:
City of Hartford ss. Robert L.Raney, enior Vice President
On this the 25th day of February 2016 before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Cr•T�
In Witness Whereof,I hereunto set my hand and official seal. • V
My Commission expires the 30th day of June,2016. �jDG * Marie C.Tetreault,Notary Public
f $
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER p�
d
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice U
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
ti
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(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-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any j
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 1
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached. ti
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,,whiclt is in-full force'"and`effect and has not been revoked.
- ' f d
i
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21 day of March
20 16
Kevin E.Hughes,Assistant Sec tary l
9
jl
pN.Sup � .einn�"`n �pN IMs ..�,�u+s�"•,.,, A4av n++o wn TY
pc*oW*Mr a°">o"q?o y T 'y aRaangrl €qf _«
w �AI82 o �g� WCtklpaRAYFD" W ma �c k Ky w Ga�vpaarf:.n' HARrFtlRt3y
o 'dSEtIo.^ ctuuH. rGtlNN` �� 1896
'�mx r r� �9 A� 9��finN�� 'k�"��5.» �:r"'� +�M,;y�S. ..:A�,� Edi e�+� t •�.. ��A�
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 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.
i
E
i
w
i
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
, II
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD,CONNECTICUT 06"163
FINANCIAL STATEMENT AS OF DECEMBER 31,2014
CAPITAL STOCK$6,480,000
ASSETS LIABILITIES&SURPLUS
CASH AND INVESTED CASH $ 127,187,283 UNEARNED PREMIUMS $ 855,349,712
SONnS 3,411,436,937 LOSSES 660,166,443
STOCKS 326,931,879 LOSS ADJUSTMENT EXPENSES 356,911,923
INVESTMENT INCOME DUE AND ACCRUED 45,277,103 COMMISSIONS 34,142,046
OTHER INVESTED ASSETS 4,019,416 TAXES,LICENSES AND FEES 11,534,866
PREMIUM BALANCES 209,982,904 OTHER EXPENSES 40,097,405
NET DEFERRED TAX ASSET 62,639,844 CURRENT FEDERAL AND FOREIGN INCOME TAXES 24,133,560
REINSURANCE RECOVERABLE 17,397,751 REMITTANCES AND ITEMS NOTALLOCATED 11,062,662
SECURITIES LENDING REINVESTED COLLATERAL ASSETS 8,224,694 AMOUNTS WITHHELDI RETAINED BY COMPANY FOR OTHERS 41,744,996
RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 9,057,199 RETROACTIVE REINSURANCE RESERVE ASSUMED 853,430
OTHER ASSETS 3,078,655 POLICYHOLDER DIVIDENDS 7,376,699
PROVISION FOR REINSURANCE 3,416,505
ADVANCE PREMIUM 1,327,118
PAYABLE FOR SECURITIES 4,590,766
PAYABLE FOR SECURITIES LENDING 6,224,694
CEDED REINSURANCE NET PREMIUMS PAYABLE 28,084,142
ESCHEAT LIABILITY 1,136,046
OTHER ACCRUED EXPENSES AND LIABILITIES 421,157
TOTAL LIABILITIES $ 2110 576,190
CAPITAL STOCK $ 6,480,000
PAID IN SURPLUS 433,603,760
OTHER SURPLUS 1,674,373,
715
TOTAL SURPLUS TO POLICYHOLDERS $ 2,114,657475
TOTAL ASSETS $ 4 225 233,665 TOTAL LIABILITIES&SURPLUS $ 4,225,233;6fi5
- r
C
STATE OF CONNECTICUT )
COUNTY OF HARTFORD )SS.
CITY OF HARTFORD )
MICHAEL J_DOODY,BEING DULY SWORN,SAYS THAT HE IS SECOND VICE PRESIDENT,OF TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA,
AND THATTO THE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS ATRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID
COMPANY AS OF THE 31ST DAY OF DECEMBER,2014.
SECOND VICE PRESIDE j
SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY PUBLIC
19TH DAY OF MARCH,2015
ESUS�A:NIM.:jWE'1.p'r"E
SSLAERn sA'ovember30,2017
UB LIC
O
/ o
S
I�
1
i
9
N
����
II
�,
II