HomeMy WebLinkAboutC2011-045 - 1/25/2011 - ApprovedF
AGREEMENT FOR PERFORMANCE AND COMPLETION OF CONTRACT
This Agreement is made and entered into this 13th day of January 2011 by and between
City of Corpus Christi (the "City ") and Insurance Company of the West and Independence
Casualty & Surety Co. (the "Surety ")
RECITALS
WHEREAS, H &G Contractors, Inc. (the "Original Contractor ") and the City of Corpus
Christi entered into a construction contract (the "Contract ") dated October 21, 200$ for the
construction of the Laguna Shores Road Rehabilitation -- Graham Road to Hustlin' Hornet Drive,
Project No. 627$ located in Corpus Christi, Texas (the "Project ");
WHEREAS, as required by the terms of the Contract, Original Contractor and the Surety
made, executed and delivered to the City, Performance Bond No. 2274270 and Payment Bond
No. 2274270 (collectively, the "Bonds "), both in the penal sure of $2,919,681.16;
WHEREAS, the City issued a notice of default and order to suspend all work on August
20, 2010 that included a request for the involvement of the Surety under the Performance Bond
to complete the remaining scope of work under the Contract;
WHEREAS, the Surety has obtained a proposal for completion of all obligations of the
Contract from Haas - -- Anderson Construction, Ltd. the "Completing Contractor ");
WHEREAS, in fulfillment of the terms of the Performance Bond, the Surety seeps to
tender the Completing Contractor to the City to complete the Contract upon the terms set forth
therein and in this Agreement
WHEREAS, the City agrees to accept the tender of the Cornpieting Contractor to
complete the Contract upon the terms set forth therein and in this Agreement; and
WHFRF..AS, all parties hereto agree that this Agreement shall be entered into so that the
remaining work and requirements of the Contract can be completed.
AGr.RE.EMENT
ICW
1 1��rrt
A GREEMENT FOR ]PERFORMANCE AND C OMPLETION OF CO NTRACT
2011 -045
M2011 -034
01/25/11
& Independence Casualty Co.
NOW THEREFORE, in consideration of the mutual promises scat forth herein as well as
good and other consideration, the receipt and sufficiency of which is hereby acknowledged the
City and Surety do hereby covenant and agree as follows:
I. The recitals set forth above are incorporated herein and are contractual previsions,
not mere recitals.
2. Completing Contractor has submitted a bid proposal dated December 17, 2010 in
the amount of $1,450,432.12 to complete the obligations of the Contract upon the terms set forth
therein in strict accordance with the terms and conditions of the Contract, including all warranty
INDEXED
obligations and Latent conditions. A copy of the proposal of Completing Contractor is attached
hereto as Exhibit "A"
i The City shall require Completing Contractor to provide a Performance Bond and
a Payment Bond (hereinafter referred to as "New Performance Bond" and "Now Payment
Bond ") in the amount of $1,450,432.12 naming Completing Contractor as Principal and the City
as Obligee. The New Performance Bond shall guarantee Completing Contractor's performance
of the terms of the Contract. The New Perfarmance and New Payment Bonds shall be effective
as of the date of this Agreement and from a surety acceptable to the City.
4. The Payment Bond shall remain in full force and effect for all obligations of
Original Contractor and Surety. Original Contractor and Surety retain all obligations, rights, and
defenses related thereto, Completing Contractor shall not be responsible for debt or obligations
incurred by Original Contractor except as set forth herein, The Payment Bond shall not be
responsible for labor or material supplied to Completing Contractor and shall not be considered a
co- surety with Completing Contractor's surety, All payments made by Surety relating to claims
on its Payment Bond as provided herein shall be credited against the penal limit of its Payment
Bond. Surety shall not, under any circumstances, be obligated to expend more than the penal
limit of its Payment Bond. :Surety shall in no way be responsible rot any payment obligations,
debts, or failures undertaken by Completing Contractor and its surety.
5. Completing Contractor and its surety shall assume full, total, and complete
responsibility for all obligations and work and materials to be incorporated into the Project,
pursuant to the Contract requirements.
6. The City certifies to Surety that the Contract amount with approved adjustments is
$2,909,463.51. The City further represents to Surety that it has paid Original Contractor
$1,716,169.08, that it paid $32,342.34 for Erosion Control (SW.PPP). $20,950.80 for Traffic
Control Harriers, $792.00 for Addition Testing, and $14,172.00 for additional Engineering
Services and that the balance of the Contract funds currently held by the City is 51,125,037.29,
The City agrees to recommit the balance of the Contract funds to the completion of the Contract.
T The Surety is hereby granted a non - compensatory time extension from the original
completion data in the Contract until the Completion Date set forth in the Completing
Contractor's proposal_ As consideration for the non - compensatory time extension, the Surety,
f'or itself and the Original Contractor, hereby waives any right to claim for additional time
extensions and/or damages as a result of any delays and/or overpayment to the Original.
Contractor which may have been caused by the City Lip to and including the date of this
Agreement.
8. The City agrees that nothing, herein shall be deemed to waive the limitation of the
Surety's liability under the Performance Bond above and beyond the penal limit of the
Performance Bond.
9. To the extent the amount of the proposal of Completing Contractor Haas
Anderson Construction, Ltd, exceeds the Contract balance currently being held by the City, the
AGREEMENT FOR PERFORMANCE AND COMPLETION OF CONTRACT
Y
Surety shall deliver to the City a check in the amount of $325,394.83 within thirty (30) days
from the date of this Agreement. Any payment by Surety shall reduce the penal sum of the
Performance Bond accordingly. The Surety shall perform a final reconciliation audit of unit
quantities upon the completion of the scope of the Contract by the Completing Contractor. The
City and the Surety agree to .make appropriate adjustments to the Contract amount and any
payment by Surety as set forth in this paragraph based on the audit of unit quantities,
10. Effective upon execution of this Agreement, the City and Surety expressly
release, acquit, and forever discharge each other their successors and assigns, subsidiaries,
parents or affiliates from any and all claims, rights, demands and/or causes of action of
whatsoever kind which the City and Surety have or may claim to have against each other under
and/or by reason of the Contract and Performance Bond, and the City hereby agrees to return the
Original Performance Bond to Surety upon execution of this Agreement.
H. The City, upon satisfactory completion of the Contract by Completing Contractor,
evidenced by a writing from the City, agrees to assign unto Surety, any and all rights, demands,
claims and/or causes of action which the City has as against Original Contractor arising out of, as
a result of and/or on the basis of the default and breach by Original Contractor of the Contract for
the Project, and the City gives Surety full power and authority to ask, demand, collect, receive,
compound and/or release, and in its name or otherwise to p rosecute and withdraw any claims,
suits or proceedings at law or in equity as against Original Contractor in its efforts to obtain
recovery uponn its rights under said assignment.
12. 'f he City accepts Completing Contractor for the completion of the Contract
including Completing Contractor's responsibility for all labor and material contemplated under
the Contract,
13. The City and the Surety hereby represent that this /Agreement, including all
documents incorporated herein by reference (including, but not limited to, the Contract, all of its
attachments, and any and all documents incorporated into the Contract), constitutes the complete
Agreement between the parties hereto. No oral understandings shall constitute any portion
hereof.
14. The City expressly agrees that Surety shall have no further obligations, liabilities,
or responsibilities For contract administration in completion of the Contract except as stated in
this Agreement.
15. 11' any provision of this Agreement is found to be invalid, all of the other
provisions shall rernain in full force and effect.
16. This Agreement represents the entire Agreement between the parties hereto and
will not be modified, except by a writing signed by all parties.
17. The parties hereto warrant that they are authorized to execute this Agreement on
behalfoftheir respective entities.
1,, �,
AGREEMENT FOR PERFORMANCE AND COMPLETION OF CONTRACT IV11-
18_ This Agreement is solely for the benefit of the parties bereft.). The parties do not
intend by any provision hereof to create any third. -party bencholaries or to cover any benefit
upon or enforce rights hereunder or otherwise upon anyone other than the parties hereto.
19. No change, addition, alteration or amendments can be made to this Agreement
unless made in writing and signed by all parties to the Agreement.
20. This Agreement sha.lI be governed by and controlled by the laws of the State of
Texas.
21. The parties hereby stipulate and agree that if it becomes necessary for either party
to file any action in. connection with this Agreement including, without Iirnitation, to enforce any
breach of this Agreement that such action shall he brought in Nueces County, Texas and that
venue shall be proper in Nueces County, Texas.
22. This Agreement may be executed in counterparts each of which shall be deemed
an original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
indicated above, and each of the undersigned personally represent and warrant that they have the
full right, power and authority to execute this Agreement on behalf of the respective parties.
ApprovetlasioLegdf • I �
Veronica Ocanas
Assistant City Attorney
For City Attorney
BY COURML...t g
w......1.3.:.�:
s£CIRUAttlr pb•
THE CITY OF CORP -JS CHRISTI
By
Natne:
Title:
INSURANCE COMPANY OF THE WEST and
INDFPENDENCE,' CASUALTY & SURETY CO.
By: A
Title: �
Name:
Title: c \ca �;nP, �A,
ATTEST,
ARlviWDO CHAPA
CITY C.RETAR"
4
AGREEMENT FOR PERF ORMANCE AND COMPLETION OF CONTRACT
. f
Inquiry No. F10150 - RFQ -1
PROPOSAL FORM FOR PROJECT COMPLETION
TO BE SUBMITTED IN TRIPLICATE TO: Carp,
C/a Insurance Company of the West
CIO Forcon International Corp.
1216 Oakfield Drive
Brandon, Florida 33511
1. CONTRACT PRICE
1.1 Total compensation to Completion Contractor for full and complete performance by
Completion Contractor of all the Work, including the furnishing of all labor, materials,
equipment, supervision, insurance, bonds, tools, taxes, overhead, profit, and each and
every item of expense necessary to complete the Work, in full compliance with all terms and
conditions of the Contract, Instructions to Bidders, General Conditions, Supplementary
Conditions, Addenda, Attachment to Addenda, Plans and Specifications, Alternates,
existing approved modifications, approved change orders and Inquiry No. F10150 - RFQ -1
as well as the correction of any patently (evident) defective work, if any, done by the Former
Contractorand all documents referenced therein, and for Completion Contractor's payment
1 of all obligations incurred in, or applicable to performance of all the Work, shall be as
provided in the original bid package. Bidders are to include the cost of all required contract
documents such as Drawings, Project Manuals, etc.
Total Unit Price Bid:����f
Written Amount
30
1.2 The quotation is valid for a period ofWdays after the Bid Due Date of this Request for
Quotation. Bidder acknowledges receipt of $10.00 as full consideration for agreeing to do
so.
1.3 The Unit Prices set forth herein are firm for the duration of the Work.
1.4 The Completion Contractor shall commence work within ten (10) working days afterthe date
of the written Notice o Pro peed from the Surety or Owner /Obligee, and shall complete the
Work within O n e. Idgma ( 100 � ) consecutive calendar
days, including Sundays and holidays. Liquidated and/or Actual damages shall be in full
force and effect for time overruns beyond the completion time specified herein.
111.1 Revised October 17, 2005
Inquiry No. F10150 - RFQ -1
2. PRICING FOR ANY APPROVED CHANGES TO THE SCOPE OF WORK DUE TO
LATENT DEFECTS
Completion Contractor shall be reimbursed for changes in the Work which have been
authorized and approved in accordance with the terms of the Completion Contract, on a
fixed price or cost reimbursable basis as determined by Surety. Cost reimbursable prices
shall be as set forth herein.
2.1 Cost Reimbursable Prices
Completion Contractor shall be reimbursed for changes in the Work which have
been authorized and approved in accordance with the terms of the Completion
Contract, on a fixed price or cost reimbursable basis and shall be priced as follows:
2.1.1 Labor Related Costs and Profit
2.1.1.1 All -in Rate
Compensation to Completion Contractor for labor related costs and
profit shall be in accordance with the rates set forth in the "Labor Rate
Schedule" included as Exhibit (L) herein.
2.1.1.2 The all - in rates shall include all direct wage rates, insurance, payroll
taxes, small tools which cost Completion Contractor less than
$2,000.00 per tool, temporary construction facilities, consumables,
expendables, overhead, profit and all other costs and expenses
incurred by Completion Contractor in performing the Work.
2.1.2 Material Costs and Markups
All actual costsof Completion Contractor supplied materials for incorporation into the
permanent facility (excluding consumables, expendable and small tools which cost
Completion Contractorless than $2,000 pertool) shall be at actual invoiced cost paid
by Completion Contractor (excluding taxes) delivered to jobsite, plus a marku for
all profit and overhead expenses of Completion Contractor thereon, of %,
(Taxes shall be at actual cost to Completion Contractor without markup per
paragraph 2.1.6 below).
111 Revised October 17, 2005
Inquiry No. F10150 - RFQ -1
2.1.3 Equipment Costs
All costs of Completion Contractor for contractor -owned equipment, including
maintenance, repairs, fuel, profit and overhead, shall be at the rates set forth
in Exhibit (M) entitled "Equipment Rate Schedule", attached and incorporated
herein.
2.1.4 Subcontracts
All subcontracts for performance of extra work shall be at actual cost to
Completion Contractor of such subcontracts (not to exceed such subcontract
price) plus a markup for all profit and overhead expense of Completion
Contractor thereon, of 10 2 — %.
2.1.5 Th ird -Party Equipment
For third party rental equipment used, Compietion Contractor shall be
reimbursed for actual net rental price, plus % of rental price for
overhead and profit. Transportation, state and local taxes shall be at actual
cost to Completion Contractor without markup.
2.1.6 Taxes
All duties, sales and use taxes, excise taxes, and similar taxes applicable to
and arising directly out of performance of the Work, which are imposed by
any governmental authority, excluding personal property taxes on
construction equipment and other property owned by Completion Contractor
and taxes on net income of Completion Contractor, shall be at Completion
Contractor's actual cost without markup.
2.2 Costs and Expenses
All costs and expenses of all items are to be at the cost or expense of or for the
account of Completion Contractor, or are to be performed by Completion Contractor
at no additional cost to Owner /Obligee. All costs and expenses of Completion
Contractor to perform the Work not expressly stated in this Section 2.0 reimbursable
to Completion Contractor, shall not be reimbursable costs under the provisions of
this Section 2.0 and shall be deemed within the markups for overhead or profit set
forth in this Section 2.0.
111 -3 RWsed Ociober 17, 2005
Inquiry No. F10150 - RFQ -1
1
3. CONDITIONS
3.1 The undersigned Bidder has examined and read the Contract Documents, has performed
a job site inspection, and is acquainted with and fully understands the extent and character
of the Work to be performed.
3.2 The Bidder agrees that if awarded a Completion Contract, the major suppliers and
subcontractors used in the prosecution of the Work shall be those listed below. The
following list includes all suppliers and subcontractors who will perform work representing
approximately a value of five percent (5 %) or more of the Work. The Bidder represents that
the suppliers and/or subcontractors listed below are financially responsible, are qualified to
do the work required and are approved by Owner /Obligee.
Name o f Supplier /Subcontractor
V c11 j C5 K _
I yV5 ' nzbhA : -Lei d
S
'H.il1 �!us f31,t11C�'
re
3.3 A Bid Bond for completion of the W rk properly executed by the undersigned nd by a
qualified surety in the sum of �D '.Sre, es°� ^ � Dollars ($� 0�6re- r-*%
representing not less than twenty percent (20 %) of the total amount of each Bid made
payable to Surety, which we agree to forfeit to Surety not as a penalty, but as reasonable,
fixed and liquidated damages in the event we fail to enter into a contract and furnish the
required performance and payment bonds in the amount of one hundred percent (100 %)
of each Bid within seven (7) working days after receipt of the Completion Contract by us,
is enclosed herewith.
3.4 The undersigned certifies that he /they is /are the only person, or persons, interested in this
proposal as principals, and that the proposal is made without collusion with any other
person, firm or corporation,
4 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERERS.
4.1 The original solicitation, offer, and award is contained in Exhibit (B) herein. The bidder shall
complete and submit with his bid all applicable sections of Representations, Certifications,
Disclosures and other Statements of Offerers if required by bid documents.
111-4 Revleed October 17 zoos
Inquiry No. F10150 - RFQ -1
5 EXECUTION OF CONTRACT
The undersigned agrees that if its Bid is accepted, it will execute and return to the
Owner /Obligee or Surety the acceptance copy of the Completion Contract within seven (7)
working days, that it will fumish the properly executed bonds as required by the terms of the
Completion Contract to the Surety or Owner /Obligee within seven (7) working days, that it
will perform the Work in accordance with the requirements of the Contract Documents, that
it will commence the Work within seven (7) working days after the Surety or Owner /Obligee
issues a Notice to Proceed, that it will complete the same within the time specified herein,
and that it will accept as full payment therefor the prices named in this Proposal Form.
Proposal Date:
Name of Bidder:
Address of Bidder:
►a , &d
Authorized Signature:
Title:
If corporation, Affix Corporate Seal
prg5tfan1, Haas- Anderson ManSOOM04 L C-
Ceneral Partner
I €1 Revised October 17.2005
Inquiry No. F10150 - RFQ -1
EXHIBIT U
PROPOSAL FORM ATTACHMENT
1. This Proposal Form Attachment Exhibit U is to be submitted with and considered apart of the "Pro
Form For Project Com letion ". A CD with the Completion Bid Proposal spreadsheet shall be provided
to bidders during the job walk. The Completion Bid Proposal spreadsheet is to be completed, printed,
submitted with and considered a part of the " Proposal Form For Project Completion ".
2. Bidder acknowledges the following RFQ Addenda:
ADDENDUM NUMBER
ADDENDUM DATE
3. The bidder is to identify which of the following subcontractors it intends to use or not use.
1 Consent of Surety is required to alter any subcontractor selections.
USE OF SUBCONTRACTORS/SUPPLIERS
SUBCONTRACTORISUPPLIER
USE
NOT USE
Bay LTD
X
Highway Technologies- striping
X
Highway Technologies -signs
X
Highway Technologies - traffic control
X
Tahoe Trucking
/
GSI Highway Products
X
Contech
Geosolutions
X
Gordon Specialties
Martin Marietta
Mother Earth
U-1 Revised October 17, 2005
j
1 ,
Inquiry No. F10150 - RFQ -1
4. Add Price Number 1: Provide an add price, if any, to provide all required warranty
obligations:
Add price: �J"b&r- 4 o w4 4.2 d1.,. ", /DD O errs e
5. Add Price Number 2: Provide an add price, if any, to assume responsibility for all latently (not
evident) defective workmanship or materials installed by the Former Contractor, or by
subcontractors under
- it: II II //pp
Add price 4 Uyc'tp[ `� P � �OGf^r'� $ 1iLL�j, ,
( }
U „ 2 Revised Odober 17, 2005
IE HAAS - ANDERSON CONSTRUCTION
6 EQUIPMENT S LABOR RATES
MOTOR GRADER (140G)
TRACK LOADER (3 1/2 CY)
938 RUBBER TIRE LOADER (3+ CY)
PNEUMATIC ROLLER (12+ TON)
PNEUMATIC ROLLER (25 TON)
BACKHOE WITH HOE RAM
EXCAVATOR (50- 60,000 # CLASS)
EXCAVATOR (60- 70,000 # CLASS)
BACKHOE (UTILITY)
PADFOOT VIBRATORY COMP (15 TON)
PADFOOT VIBRATORY COMP (25-TON)
SMOOTH DRUM VIBRATORY COMPACTOR (15 TOI
SMOOTH VIBRATORY ASPHALT COMPACTOR
12 CY TANDEM DUMP TRUCK
20 CY TRAILER DUMP TRUCK
WATER TRUCK ( 2,000 GAL)
EQUIPMENT HAUL TRUCK & TRAILER
D-4 DOZER
D-6 DOZER
TRACTOR WITH 24 CY SCRAPER
PULVIMIXER (300 HP)
MIXERIRECLAIMER (500 HP)
SLURRY PUMP
BARBER GREENE LAY DOWN (2 MEN)
WINDROW ELEVATOR
DISTRIBUTOR (2 MEN)
POWER BROOM
VIBRATORY CONCRETE SCREED
28 TON HYDRAULIC CRANE
SERVICE TRUCK
DIRT CREW FOREMAN
DIRT CREW LABORER
CONCRETE FOREMAN I FINISHER
CONCRETE CREW
STORM DRAIN FOREMAN
STORM DRAIN CREW
ASPHALT FOREMAN
ASPHALT RAKEMAN
ASPHALT CREW
SURVEYOR (UNREGISTERED)
SURVEYOR HELPER
MECHANIC WITH TRUCK & TOOLS
SUPERINTENDENT
SAFETY DIRECTOR
/Hr.
EQUIPMENT*
80.00
86.00
75.00
48.00
56.00
70.00
91.00
96.00
46.00
.54-00
59.00
54.00
59.00
41.00
54.00
38.00
64.00
75.00
86.00
107.00
112.00
166.00
32.00
112.00
43.00
75.00
38.00
75.00
91.00
48.00
38.00
$fHr.
LABOR
42.00
39.00
37.00
32.00
32.00
32.00
39.00
39.00
33.00
32.00
32.00
32.00
32.00
32.00
34.00
32.00
39.00
33.00
39.00
39.00
37.00
39.00
32.00
63.00
NIA
61.00
32.00
CREW
39.00
34.00
42.00
29.00
41.00
33.00.
41.00
33.00
41.00
34.00
33.00
50.00
33.00
60.00
76.00
76.00
$/Hr.
TOTAL
122.00
127.00
112.00
80.00
88.00
102.00
130.00
135.00
79.00
86.00
91.00
86.00
91.00
73.00
88.00
70.00
103.00
108.00
125.00
1466.00
149.00
205.00
64.00
175.00
35.00
136.00
70.00
CREW
130.00
82.00
:: l
" IDLE EQUIPMENT RATE = 70% OF NORMAL HOURLY RATE
DAILY EQUIPMENT RATES
100 CFM COMPRESSOR
70.00
200 CFM COMPRESSOR
102.00
3,000 W GENERATOR
64.00
VIBRATOR
38.00
ROTARY HAMMER
139.00
NAIL GUN
38.00
13/8" WALL SCABBLER
107.00
60# JACK HAMMER
54.00
12" QUICKIE SAW
38.00
2" WATER PUMP
48.00
4" WATER PUMP
59.00
PICKUP TRUCK
59.00
CONCRETE PICKUP TRUCK WIHAND TOOLS
91.00
CONCRETE SAW ( WALK BEHIND)
139.00
CONCRETE POWER TROWEL
139.00
ELECTRIC ARROW BOARD
171 .00
LIME SLURRY PUMP
235.00
BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(Private work) Hartford, Connecticut 08183
KNOWN ALL BY THESE PRESENTS, C AC P <A . .S i
That we, Haas - Anderson Construction, Ltd., as Principal, and
Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto
Obligee, in
the sum of Twenty Percent (20 %) of Amount Bid by Principal U.S. Dollars ($Twen #y Percent
(20 %) of Amount Bid by Principal) for the payment of which we bind ourselves, and our
successors and assigns, jointly and severally, as provided herein.
WHEREAS, Principal has submitted or is about to submit a bid to Obligee on a contract for
Inquiry No.: F10150 - RFQ - 1 Laguna Shores Road Rehabilitation Graham Road to Hustlin'
Hornet Drive P. R. #6278 ( "Project ").
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and
Principal enters into a contract with Obligee in conformance with the terms of the bid and
provides such bond or bonds as may be specified in the bidding or contract documents, then
this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference
between the amount of Principal's bid and the amount for which Obligee shall in good faith
contract with another person or entity to perform the work covered by Principal's bid, but in no
event shall Surety's and Principal's liability exceed the penal sum of this bond.
PROVIDED, HOWEVER, that neither Principal nor Surety shall be bound hereunder unless
Obligee prior to the execution of the final contract furnishes evidence satisfactory to Principal
and Surety that financing has been obtained to cover the entire cost of the Project.
Signed this 17 day of December, 2010.
Haas - Anderson Construction, Ltd.
(Princi al)
J
By: J
P. Q. p irldnt, Hass-Anderson Management. LC,
Cpiieral Partner
Travelers Casualty and Surety Company of America
By: J � -
Kerry J. oo , Attorney -in -f=act
TRAVELERS)
POWER OF ATTORNEY
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
United States Fidelity and Guaranty Company
Attorney -In Fact No. 222582
Certificate No. 003743641
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
Betty J. Baxter, Lee Anna Biesenbach, Kevin G, Keetch, donna Kauf, Kerry J. Woods, Tracie Henderson, and Lonna Pokrant
of the City of _ Cnrous Christi _, , State of _ Texas , 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 ail 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 permitted in any actions or proceedings allowed by law,
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 28011
day of .Tune 2010
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
United States Fidelity and Guaranty Company
GASG,y
( 9 0 'liY 4X0 sytTY y!s s NdWryY Q1� '�? iPy s� wwRFOM�� �Wim�pmA� on 7y oms. [ �"" Je 5ii ft196� c F�� � . JIN�'�
State of Connecticut
City of Hartford ss.
By: 044-��
Georg Thompson, nior ice President
On this the 28th day of Junta 2010 , 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.
In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 201 t.
i s
C.
Marie C. Tetreault, Notary Public
58440 -4 -09 Printed in U.S.A.
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
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -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
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 Attorncys -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
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kod M. Johanson, 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,. which is in full forceond effect and has not been revoked.
IN TESTIMONY WHEREOF, t have hereunto set my hand and affixed the seals of said. Companies this 17 day of De beT —20 10.
Kori M. Johans Assistant Secretary
p1,SU.� tt l q ��Y,INS llxiuq �ttr �qp
'� = • , 785i � ,. �,`sea� "t o' �SBAL�a � c«w. � � "° �tr m ZaBS
5 N 1S � 1.7Pt j c i f ` ' �l ��
To verify the authenticity of this Power of Attorney, tali 1- 800 -021 -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
s7PauL
TRAVELERS
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and /or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675 -3057
(267) 675 -3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714 -9104
(800) 252 -3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
W
Z
Q
s
7
z
Z
W
9 O
T
o �
d
CL
a
z
0
u
W
2
D
i
7
O
O
D
d
D
s
0
F
W
J
4
O
O
W
.0LL
8
6
8
k
L'
L
Z
a
v
° c
R
O
nnnnnn nnnnnnn
88$%88 ffl $8858
MOO
61
m
it
.
.. . . . . . . . . . . . . .
S`22I gTgvcgS$GGG
4
%i ;6
H H I rr
I T I A g0
pp
R p
$
$l l ip
$$$8$8$$16$833$$ 886$$$$$$
8
8 $$
8$
I
$$ 8
—11 IN
8
8S
l3 � 8 88888$ $8$52171$
Std
$SGG
8
tS S Y�{j� f C y 5
P.
I s .
s
s s
ss 1 61 6
a
a ea
161616
s
sass
�
9'
9
m
M 4 MM
�
_
gg gggggg
gg
gg
g g
2Q2
SS88$8833$��B�S$3$$$$$$6
8
$ 88 Bs�$
868
tl8B
!
ggig
gg gggggg gg gg gg gg ggi�gg
� .�{�
g
Zi u
�
C
A
AP
PP Oe9 AAA OPPanoaA
� - a 4a
e' - -;.p¢
$�e$
PA 8e
8
P 0 P
518
'
6
a
8
8
$ 8 88
o �r
o
p
8 �8
�y
b
'a
F
7
Y'
P
►
8
6
8
k
L'
L
Z
a
v
° c
R
O
6
Q
i
z
w
0
S
0
c
m
z
0
a
LLI
i
u
R
6�