HomeMy WebLinkAboutAGAPE UNLIMITED I
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PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT between the City of Bremerton, a first class municipal
corporation of the State of Washington ('City") and Agape Unlimited ( "Owner "), and
JAMES H . R O B I N S O N CO. I N C Owner's contractor ( "Contractor") It is effective on the date executed by
all the parties
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Background
A Owner is the owner of real property commonly known as Agape Unlimited Owner is in
making improvements to that real property Incidental to those improvements, Owner is required
by the City to construct and dedicate for public purpose utility improvements known as SEWER
EXTENSHON ( "Project ")
B Owner has selected Contractor to construct the Project '
C Owner shall remain responsible and liable to the City for all aspects of the performance of
this agreement including the concurrent responsibility and liability for the Contractor's performance
under this agreement
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Terms
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1. DESCRIPTION OF THE PROJECT: The Owner has retained a licensed
Professional Engineer registered in the State of Washington ( "Design Engineer ") who j
has designed the Project as out in the approved plans and specifications attached
( "Plans ")
INSTALL APPROXIMATELY 241 LINEAL FEET OF 2 INCH HDPE FORCE {
MAIN INCLUDING CLEAN -OUTS AND APPURTENANCES
The Contractor will physically construct the project providing all performance of work,
including all labor, materials, transportation, equipment, supplies, and services necessary for and
reasonably incidental to the completion of all work as set out in the Plans
2. FEES AND EXPENSES:
A The Owner agrees to pay in advance the following fees and expenses associated
with the project and required by the Bremerton Municipal Code i
• Sewer plan check fee 241' minimum $ 24400
• Sewer inspection fees 241' @ $170 $ 40970
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Total: $ 65370
B The Contractor shall be responsible for obtaining and paying for necessary permits
from other governmental agencies and shall be responsible for any additional costs i
Bremerton/Contractor
Public Utilities Construction Agreement I
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for inspection billed to the City by any government agency, including but not limited
to the City of Bremerton, Kitsap County, or the State of Washington
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C The Owner shall pay all costs associated with easement acquisition and insuring title
to the properties
D The Contractor shall post with the City Treasurer a Performance Bond prior to
construction and a Warranty Bond upon completion of the work The bonds shall be
posted in the amounts as follows
Performance Bond I
(1) One hundred and fifty percent (150 %) of the Design Engineer's estimated
cost of construction, as approved by the City, for all work occurring within
public right -of -way or on City Property and/or 20% on private property
Warranty Bond
(1) Twenty percent (20 %) of the actual cost of construction
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E The bonds shall provide the following
(1) The Contractor shall complete the project in accordance with good and
accepted engineering and construction practice
(2) The Contractor shall comply with all the terms of this agreement
(3) The Contractor shall fully comply with all requirements of law in carrying
out the project, and shall comply with all lawful requirements unposed by
any agency with jurisdiction relating to the project.
(4) The Warranty Bond shall be effective for two years after completion of
construction unless affirmatively released sooner by the City, and shall
guarantee the completed projects against defects in workmanship and
materials
(5) The bond must be approved by the City's Risk Manager and may include
one or more surety bonds issued by any surety company that is licensed to do
business in the State of Washington and meets the City's Risk Managers
rating criteria. The Surety bond may be substituted by a cash deposit in the
fall- required amount deposited with the City Treasurer or an irrevocable and
unrestricted assignment of funds on deposit in a licensed bank or credit
union, in the full- required amount
F Contractor shall possess a current Bremerton Business License and regulatory licenses
required to fulfill Contractor's obligations under this contract As an independent
contractor, Contractor is responsible for payment of all taxes and licensing fees
necessary to perform its obligations under this Agreement These taxes and fees
include but are not limited to State industrial insurance, B &O, and City business
licensing If any taxes or fees due the City have been declared delinquent, Contractor,
by this agreement, assigns any payments due under this contract to the City Clerk for
payment of such taxes The City may also withhold the delinquent amount, plus any
additional charges ansing from the delinquency, from any payments due Contractor.
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Public Utilities Construction Agreement
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3. REPRESENTATIVES: The Owner and Contractor hereby name the following
persons as the representative of the Owner and Contractor for all purposes required by
this agreement
Owner Contractor
Name AGAPE UNLI14ITED Name JAMES H. ROBINSON CO., INC.
Phone 373 -1529 Phone 360- 377 -0066
Address 5464 KITSAP WAY Address aSO4 KITSAP MAY
Email fo ch r 360 - 373 - 405 .tmad jlm@jhrco.com f ax 360- 377 -9609
AT er an ontractor warrant that their representatives have full authority to bind
them in all respects required by this agreement, and all applicable government requirements
imposed by any agency with Jurisdiction The City hereby designates
EqW l.t) a- .p c , u of its Department of Public Works and Utilities as its Project
Manager and warrants thal the Project Manager has full authority to exercise such discretion as I
does the Director of Public Works and Utilities under the ordinance of the City for purpose of
carrying out the terms of this agreement
Notices shall be in writing and delivered by personal service or first class mail to the
above addresses for the Contractor and Owner, and for the City they shall be delivered to.
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City Address j
City of Bremerton
ATTN Paul Wandling
3027 Olympus Dr
Bremerton WA 98310
Tel 360 - 473 -2351 '
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4. PROJECT DESIGN: The Owner will retain a Design Engineer who shall design the
project, prepare the necessary plans, and provide construction engineering to the extent reasonably
necessary
The Owner shall use the following up to date standards for drafting, design and construction
of the project Deviation from City standards will not be accepted
• Standard plans and specification provided by the City
• Bremerton Utilities Development and Construction Standards
• Washington State Department of Ecology's Stormwater Management Manual for
the Puget Sound Basin
Y American Waterworks Association Standards
• Washington State Department of Transportation's Standard Specifications for Road,
Bridge, and Municipal Construction
5. PUBLIC WORKS PROJECT PERMIT: The City's Project Manager will review the
project design, plans, and specifications, and when satisfied the work is in accordance with City
standards, shall approve the plans by stamping and signing four (4) copies of the plan sheets The I
City reserves the right to require modification of the plans at the Contractor's expense in the event
of errors or mistakes in the drawings, or if new information becomes available which requires a
Bremerton/Contractor
Public Utilities Construction Agreement
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change in the plans to properly accomplish the project Plan changes initiated by the Contractor
must be approved in writing by the City's Protect Manager prior to commencement or alteration of
the work Proposed plan changes shall be accompanied by an estimate of value
The City will issue a Public Works Project Permit upon completion of the following
• Construction Plans and Specifications have been approved by the City's Project
Manager
Deposit of advance cash deposits as stated in this agreement with the City Treasurer
• Approved bonds posted with the City Clerk t
• Proof of insurance approved by the Risk Manager
• A copy of the City or County right -of -way permit submitted to the Utility
6. INSURANCE AND INDEMNITY: The Contractor shall provide liability and property
damage insurance covering all work under this agreement for construction within the public right -
of -way, including all work provided by Sub - Contractors Said insurance shall name the City of
Bremerton as additional insured and provide the following limits
- Bodily injury, $2,000,000.00 each person,
- $2,000,000 00 each accident,
- Property damage, $500,000 00
Evidence of such insurance shall be provided to the City's Risk Manager prior to issuance
of the Public Works Project Permit Insurer shall provide the City's Risk Manager with 30 days'
written notice of any cancellation or change of coverage of the policy
Contractor agrees to defend, indemnify, and hold harmless the City and its officials and
employees from and against all liability, loss, damages, and expenses, including costs and
attorneys' fees, resulting in whole or in part from actions, claims, and lawsuits ansing or alleged
to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of
Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this
Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its
immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's
indemnification and hold harmless of the City, including the duty to defend This provision shall
be inapplicable to the extent such action, claim, or lawsuit is judicially found to anse solely from
the acts or failures to act of the City. The provisions of this section shall survive the '
termination or expiration of this agreement.
7. PROSECUTION OF WORK:
A Construction of the project shall be initiated by the Contractor within one (1) year of
execution of this agreement or within 30 days of issuance of the Project Permit,
whichever shall sooner occur Failure to begin work within the one -year lint shall
result in forfeiture of all rights under the agreement regardless of any other
provisions of this agreement.
B The Contractor agrees to continuously pursue work and complete the project within
six (6) months of permit issuance
Bremerton/Contractor
Public Utihties Construction Agreement
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8. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The Contractor in
addition to other duties included in this agreement shall comply with the following
A Schedule system connections with the Project Manager and meet all requirements
for the connection and testing of their unprovements in the presence of the City's ,
authorized representative Mayor system connections to the City's system shall not
be authorized on Fridays Subsequent operation of system valves must be performed
by City personnel
B No work shall be performed by the Contractor other than Monday through Friday
between 7 30 a m and 6 00 p m , exclusive of City holidays, except with written
prior consent of the City' Project Manager If consent is given by the City's Project
Manager for work on Saturday, Sunday or holidays or before or after the normal
working hours above, the Contractor shall pay to the City the reasonable cost of
famishing the required inspection and supervision during said periods
C Remove and correct at the expense of the Contractor any improvements not
authorized or constructed in compliance with the Utilities Development and
Construction Standards
D Restore all public and private property disrupted by the installation of the project to `!
its original condition upon completion The entire job site will be maintained in a
neat and workman like appearance The Contractor will provide landscape
restoration including sod, seeding or barking as may be required by the City's
Project Manager Landscape restoration shall follow installation of the various
segments of the project as closely as is practicable When, in the opinion of the
City's Project Manager, landscape restoration has fallen behind installation of the
segments of the protect, the Project Manager may halt all construction work until
restoration catches up
E Notify the City when the project is ready for final inspection and approval by the
Utility
9. INSPECTIONS AND FINAL ACCEPTANCE:
A The City will provide periodic inspection during construction to ensure that the
work complies with plans and City Utilities and Construction Standards Inspections
by the City shall not relieve the Contractor of its responsibility to construct the I
project in full accord with the standards of the City Nor shall inspection be deemed
to be supervision of the project, methods or means of performance, compliance with
construction site safety requirements, or the Contractor's employees
B All easements necessary for the project have been obtained in the name of the City,
accepted by the Project Manager, and recorded with the County Auditor
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Bremerton/Contractor
Public Utilities Construction Agreement
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C Within thirty (30) days of final inspection, furnish a complete set of Mylar "As
built" drawings of the project improvements that have been prepared and stamped
by the Design Engineer and a complete set of electronic As built drawings, in
AutoCAD® 20001
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D Upon final approval of project construction by the City's Project Manager, the City
shall accept and approve a Deed of Conveyance of the project improvements for the
Contractor on a form approved by the City Attorney Approval of the deed shall
constitute completion of the project for the purposes of
(1) Computing the guarantee period required by this agreement for bonding
(2) Commencement by the City of its usual and customary maintenance of the
project improvements
(3) Commencement of utility services upon payment of service fees
10. GENERAL CONDITIONS:
A Reports and Information When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement The
reports and documents shall be furnished in the time and form requested
Contractor shall maintain accounting records in accordance with Generally
Accepted Accounting Principles (GAAP) to substantiate all billed amounts
B Entire Agreement: This Agreement and its Exhibits constitute the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements,
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written or oral, that have not been set forth in the text of this Agreement The section
headings and article titles of this Agreement shall have no effect upon the construction or
interpretation of any part hereof
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C Severability' Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect
D Modification- This Agreement may only be modified by written instrument signed
by both Parties
E Waiver Failure to enforce any provision of this Agreement shall not be deemed a �
waiver of that provision. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power
F Compliance with Laws: Contractor shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement
G Choice of Law and Venue- This Agreement shall be interpreted according to the
laws of the State of Washington Any judicial action to resolve disputes arising
out of this Agreement shall be brought in Kitsap County Superior Court
Bremerton/Contractor
Public Utilities Construction Agreement i
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11. NON- COMPLIANCE/TERMINATION: Failure to comply with the terms of this
agreement within 60 days following written notice by the Project Manager shall automatically result
in the termination of service and forfeiture of bonds and shall not relieve the Owner or Contractor
of the duty to comply with all the terms of this agreement, paying all sums due
12. SUCCESSORS AND ASSIGNS: The City, Owner and Contractor each agree to be
bound to the other party in respect to all covenants, agreements, and obligations contained in this
contract. Neither party shall assign the contract in part or as a whole, without the written consent
of the other
IN WITNESS WHEREOF the parties hereto have executed this Contract the date and
year indicated
O AG3APLE UNLIIII
JAN I CE f OUCHE
[name], [title] date
3 JAr H. ROBINSON CO., INC.
C c r
J r�ES H. ROBINSON, CEO /b' /* Y/
[n e], [title] date
CITY OF BREMERTON
ATA �/` la-
Patty Le , ayor date
Departmental Approval
O irec orks and Utilities
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A d as to form:
A
oger Idbovich, Attorney
Received for Filing.
Carol Etg , rty Clerk
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Bremerton/Contractor
Public Utilities Construction Agreement
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PU$EIC PROPERTY WORK PERMIT
PERFORMANCE BOND
BOND #; 105684869
PERMIT #:
DATE POSTED:
RE Owner/Developer /Contractor: James H. Robinson Company, Inc
ProlectAddress.5464 Kitsap Way, Bremerton, WA 98312
KNOW ALL PERSONS 13Y THESE PRESENTS:
1. James H. Robinson Company, Inc ( "Principal"), has applied to the
City of Bremerton ( "City "), for a right -of -way use permit ( "Permit") to
Agape Sewer Revision ( "Work') on
City - owned real property at
5464 Kitsap Way, Bremerton, WA 98312
2. The approval granted by the City and the provisions of the Bremerton Municipal Code
require that a surety bond or other financial security be furnished by the Principal to the City
conditioned upon completion of all Work to be performed under the above- referenced permit within
a specified time (which includes restoration of the site and correction of defects in workmanship,
materials, or installehon) asset out below Principal has agreed to meet this requirement by posting
this bond.
Travelers Casualty and Surety
3. Principal and Company of America a corporation authonzcd to
transact surety business for performance and maintenance bonds in the StAte of Washington
( "Surety ") agree and bind themselves, their heirs, executors, adin nistrators and assigns, unto the City
inthepenal am O Unt0f Twenty -Six Thousand Two Hundred Fifty and 00 /100 dollars ($
26,250 0 0 ), lawful money of the United States, according to the following terms and
conditions.
a Principal shall, at its sole cost and expense, carefully correct any damage or defects in
�vorl;manship, materials, or installation to the City -owned real property on which the Work is to take
place, and any City -owned facility thereon, and leave the same in as good condition as it was before
the commencement of the Work
b. Principal and Surety agree that if Principal fails to complete the Work within the time sett
out above, Surety shall, within twenty (20) days of demand by the City, make a written commitment
PE"ORMAN'CE BOND
PAGE 1 of vtnoi z RECEIVED
OCT 17 2011
ENGINEERING DIVISION
to the City that it will either
L correct the defect(s) itself 'with reasonable diligence pursuarrt to a time schedule
acceptable to the City, or
ii. tender to the City within an additional ten (10) days, the amount necessary as
determined by the City, for the City to complete the Work, up to the penal amount of
the bond
Surety shall then fulfill its obligations under this bond, according to the requirement selected
by Surety under either 3(b) (i) or 3(b) (ii) above If Surety elects to fulfill its obligation under
paragraph 4(b) (ii) above, then upon completion, the City shall notify the Surety ofthe actual cast.
The City shall return, without interest, any overpayment made by Surety, and Surety shall pay to the
City any actual cost which exceeded the City's estimate, limited to the penal amount This paragraph
shall not be construed to obligate the City in any way to complete the Work or to correct any defect,
and if the City does so, Principal and Surety shall remain liable to the City to pay all costs of the
same.
c No change, extension oftime, alteration, or addition to the Work shall affect the obligation
of Principal or Surety on this bond, and Surety waives notice of any such change, ex-tension,
alteration, or addition.
d. As part of the Work, Principal shall fully compensate all its employees, contractors,
subcontractors, material men, and anyone else who could claim a lien as a result of the Work The
City is under no obligation to accept the Work as fully performed and to release this bond until. the
City receives assurance it deems adequate that all such compensation has been made or there is no
such compensation to be made
e This bond shall remain in full force and effect until the obligations secured by it have been
fully performed and until the bond is released in writing by the City at the request of Suety or
Principal.
f. If any legal action, including but not limited to the filing of a lawsuit, must be taken to
collect on or to enforce the provisions of this bond, the prevaihng party shall be entitled to collect its
costs and reasonable attorney fees Any costs and fees shall be recoverable by the prevailing party
not only from the proceeds of this bond but also over and above the penal amount of the bond, in
addition to recovery on the bond, as a part of any recovery in any judicial proceeding,
DATEDTHIS 13th dayof October $ 2011
PERFORMANCE BOND
PAGE 2 of 3
1/1/2011
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PRINCIPAL CITY OF BREMERTON
Ja e Robinson Company, Inc.
Director of P ?r-Work-- 8c Utilities
S'(7RfiIY
Travelers Casualty and Surety Company of America
Christo her Kin , Attorney - in - Fact
Surety Mailing Address•
Y
Street 1501 Fourth Avenue Suite 1650
State/Zip Seattle WA 98101
STATE OF WASHINGTON)
) ss
COUNTY OF KITSAP ) L i
On this day personally appeared before me mes 4 ns�' to me
known to be the individual (principal) described in and who executed the vathin and foregoing
nnstrumeat, and acknowledged that signed the same as A free and voluntary act
and deed, for the uses and purposes therein mentioned
GIVEN under my hand and official seal this 1�& day of C 2011
0*11411188a"ev J---:;'-�
o j ME ,
•• C;. F gti d ,• y Notary in and for t e State of Washington,
s ° � •'. s, Residing at Y
:. NO T A RS My appointment expires: l� it
v VBLiG
.�p•�F WASN� o`•
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PERFORMANCE BOND
+ PAGE 3 of 3
1/1/2011
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• WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS 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 223961 Certificate No 004495145
KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, 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
Eric Zimmerman, Karen Swanson, Brent E Hedesen, Anne E Strieby, James B Binder, Peter J Comfort, Jennifer L Snyder, Julie R Truitt,
Peggy A Firth, Tamane Ellmgsen, Steve Mannkovich, Christopher Kinyon, Jamie Diemer, and Brady Moriarty
of the City of 126=2 State of Washington their true and lawful Attorney(s) -m -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 permittedsm any ca eons or,proceedmgs allowed by law
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IN WITNESS WHEREOF, the Companies have caused this instrument to be sign and their =corp"orate seals to be hereto affixed, this 30th
day of August 2011
Farmington Casualty Company St Paul Mercury Insurance Company
Fidelity and Guaranty Insura�nce�Company Travelers Casualty and Surety Company
f r 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
? G,,6Uq� j` JV pIRE 6 0��� I NSG JQ'+ INSUg DJp1Y 4NOB 0 4 1 0 SEAL, 0 SEAL 3 i roti°RD � ANi
u .ate
State of Connecticut By �q_
C
Ate�
ity of Hartford ss /Gcorg99 Thompson, error ice President
On this the 30th day of August 2011 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 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
G•T� t
In Witness Whereof, I hereunto set my hand and official seal T W wr t� • V�u1��J^�1
My Commission expires the 30th day of June, 2016 � jOI/BU� * Mane C Tetreault Notary Public
58440 -6 -11 Printed in U S A
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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, Si 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 Semor Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -m -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 , eal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officf rs 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 Senor 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, 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, arty Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's wal 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 i RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -m -Fact for purposes only of executing and attesting bonds
and undertalungs and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached
I, Kevin E Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc , St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and Unitted States Fidelity and Guar city Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Comparues, which m i n 11 forced effect and has not been revoked
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f,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed he s als of swdmColiipanies this 13 day of 0 �� bor 20
e
Kevin E Hughes, Assistant Sec tary
"Su, 6 V f \0.E 4 ��M I MSU ?+ 1NSUgq JPOV 4&00
0 �l J/ ' tl r i � � = -� 6 C\ a 1962 0 , \F S ; SL�of bSEALs �� �y .i Ar
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
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER