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HomeMy WebLinkAboutScanned on 11/29/2017 at 08:03:21 WRIGHT- PIERCE LETTER OF Engineering a Better Environment7YPON TRANSMITTAL The Westminster Square Building 10 Dorrance Street,Suite 840 Providence,RI 02903 Phone: 401.383.2276 1 Fax: 401.383.2924 www.wright-pierce.co m ATTENTION: Anthony Manfre DATE: 11/27/2017 PROJECT NO.: 13831A TO: Mr. Anthony Manfre, RE: Executed Agreement- Insitiform Superintendent Pollution Control Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 WE ARE SENDING YOU: ❑ Attached ❑ Under Separate Cover Via: THE FOLLOWING ITEMS: ® Agreement ❑ Plans ❑ Specifications ❑ Prints ❑ Shop Drawings ❑ Change Order ❑ Samples ❑ Copy of Letter ❑ Other: COPIES DATE NO. DESCRIPTION 1 11/2017 Executed Agreement, COI and Bonds from Insituform THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For signature ❑ Approved as noted ❑ Submit copies for distribution ® For your use ❑ Returned for corrections ❑ Return corrected prints ❑ As requested ❑ For review and comment ❑ Prints returned after loan to us ❑ Other: ❑ FOR BIDS DUE REMARKS: COPY TO: file SIGNED: Dennis Diev t Jr.,PE. If enclosures are not as noted,kindly notify its at once. WRIGHT- PIERCE -1 O LETTER OF Engineering a Better Environment YEARS c� TRANSMITTAL If enclosures are not as noted,kindly notify its at once. 00510-1 SECTION 00510 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The Town of South Windsor,CT ("Owner") and Insituform Technologies, LLC ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Work consists of, but is not limited to,the CIPP lining of approximately 3,800 linear feet of concrete sewer pipe ranging from 24"to 36" in diameter, installing one new sewer manhole, and extending an existing 10"sewer force main in the Town of South Windsor. ARTICLE 2—THE PROJECT The Project, of which the Work under the Contract Documents is a part,is generally described as follows: Town of South Windsor,Connecticut-Chapel Road Sewer Improvements Project ARTICLE 3—ENGINEER 3.01 The Project has been designed by Wright-Pierce(Engineer). 3.02 The Owner has retained Wright-Pierce("Engineer")to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any,Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times:Days A. The Work will be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 13681A 00510-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR extensions thereof allowed in accordance with the Contract.The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner(1)for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow,subject to adjustment under the Contract: A. For all Work,at the prices stated in Contractor's Bid,attached hereto as an exhibit. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 13681A 00510-3 AGREEMENT BETWEEN OWNER AND CONTRACTOR 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 30`" day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values,as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage); If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer,then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, retainage may be reduced to 2 percent; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, retainage may be reduced to 2 percent; B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7—INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of prime plus 2 percent per annum. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 3 of 7 13681A 00510-4 AGREEMENT BETWEEN OWNER AND CONTRACTOR t ARTICLE 8—CONTRACTOR'S REPRESENTATIVES 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress,and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 13681A 00510-5 AGREEMENT BETWEEN OWNER AND CONTRACTOR ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 7, inclusive). 2. Performance bond(Section 00610, inclusive). 3. Payment bond(Section 00620, inclusive). 4. Other bonds. a. Bid Bond,(Section 00410, inclusive). 5. General Conditions (Section 00700, inclusive). 6. Supplementary Conditions(Section 00800, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings included in Specification Manual. 9. Addenda (Number 1, inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid. 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 5 of 7 13681A 00510-6 AGREEMENT BETWEEN OWNER AND CONTRACTOR without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or-in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels;and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 13681A 00510-7 t AGREEMENT BETWEEN OWNER AND CONTRACTOR IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWN ER: CONTRACTOR: � j l By: Z�)Ax By: L� Christlanda Adkins Title: MaUhaw 13 Galligan Title: Contracting&Attesting officer Town Manager Town of South Windsor (If Contractor is a corporation,a partnership,or a joint venture,attach evidence of authority to sign.) Attest: Attest: \ ura hi.Andreski Title: Title: Conk &Attesting Office, Address forgiving notices: Address for giving notices: ,Irv1s► 0 License No.: (where applicable) (If Owner is a corporation,attach evidence of authority to sign. If Owner is a public body,attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 13681A �1 ACOROO° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDIYYYY) �� 7/1/2018 10/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAME: Three City Place Drive,Suite 900 PHONE (A/C,No,EXt: A/c No St.Louis MO 63141-7081 E-MAIL (314)432-0500 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Coml)any 22322 INSURED Insituform Technologies,LLC INSURER B: ACE American Insurance ComDany 22667 1348057 17988 Edison Avenue INSURER C: Indemnity Insurance Co of North America 43575 Chesterfield MO 63005 wsuRER D: Starr Indemnity&Liability Company 38318 NSURERE: AGCS Marine Insurance Company 22837 INSURER F COVERAGES INSTE02 CERTIFICATE NUMBER: 15033872 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYYI(MMIDDIYYYY1 LIMITS A Xr COMMERCIAL GENERAL LIABILITY Y Y CGD300084902 7/1/2017 7/1/2018 EACH OCCURRENCE 2,000,000 A CLAIMS-MADE OCCUR BROAD FORM PD/CONTRAC AL DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence X Independt Contractor MED EXP(Any oneperson) 10,000 X XCU PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO- FX]LOC PRODUCTS-COMP/OP AGG S 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y ISAH09060947 7/1/2017 7/1/2018 O aBI NeDtSINGLE LIMIT $ 2,000,000 X ANYAUTO BODILY INJURY(Per person) $ XXXXXXX AUTOSOWNED ONLY AUTOSULED BODILY INJURY(Per accident$ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX D UMBRELLA LIAB X OCCUR Y Y 1000095154171 7/1/2017 7/1/2018 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y WLRC64413272(CA/MA) 7/1/2017 7/1/2018 X STATUTE ER C YIN WLRC64413284(AOS) 7/1/2017 7/1/2018 $ 1,000,000 C OFFICER/MEMBERAN PR /PARTNER/EXEXCLUDED?ECUTIVE N❑ NIA (EXCLUDING MONOPOLISTIC) E.L.EACH ACCIDENT (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 describe under DESyesCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 E INSTALLATION FLOATER y y MX193050922 7/1/2017 7/1/2018 SEE ATTACHED LIMITS DEDUCTIBLES: VARIOUS PER POLICY SCHEDULE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:CHAPEL ROAD SEWER IMPROVEMENTS-TOWN BID 2017-01.TOWN OF SOUTH WINDSOR AND WRIGHT-PIERCE ENGINEERING IS ADDITIONAL INSURED UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY,INSTALLTION FLOATER AND UMBRELLA LIABILITY AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY, UMBRELLA LIABILITY,INSTALLATION FLOATER AND WORKERS' COMPENSATION AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 15033872 AUTHORIZED REPRESENTATIVE TOWN OF SOUTH WINDSOR ATTN:TOWN MANAGER 1540 SULLIVAN AVE SOUTH WINDSOR CT 06074 ACORD 25(2016/03) ©1988- CORD CO ORA N.All rights reserved The ACORD name and logo are registered marks of ACORD Installation Floater, No Co-Insurance, Replacement Cost, Special Perils Form including Flood&EQ Limits: $10,000,000 any one installation site $10,000,000 any one loss, disaster, or casualty Sublimits(including but not limited to:) $1,000,000 In Transit $1,000,000 Temporary Storage $1,000,000 Soft Costs(Delay of Use)/$1,000,000 Aggregate $1,000,000 Rigging ($500,000 temporary storage/$500,000 transit) Miscellaneous Attachment:M522191 Master ID: 1348057,Certificate ID: 15033872 Attachment Code:D540122 Certificate ID: 15033872 IF1 IF2 IF3 �1 ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 166_� 7/1/2018 10/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies NAME: Three City Place Drive,Suite 900 WNE No Ext: (A/C.No St.Louis MO 63141-7081 E-MAIL (314)432-0500 ADDRESS: INSURER(S)AFF RDING COVERAGE NAIC# INSURER A: Indian Harbor Insurance Company 122 36940 INSURED Insituform Technologies,LLC INSURER B: 1348017 17988 Edison Avenue INSURER C: Chesterfield MO 63005 INSURER D INSURER E: INSURER F: COVERAGES INSTE02 CERTIFICATE NUMBER: 15033888 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD1YYYYI(MM/DD1YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE XXXXXXX CLAIMS-MADE OCCUR NOT APPLICABLE DAMAGE TO RENTED XXXXXXX PREMISES Ea occurrence MED EXP(Any oneperson) XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY❑P O-- LOC PRODUCTS-COMP/OPAGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY Ee acccldentSINGLE LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE BODILY INJURY(Per person) $ XXXX'XYX AAUTOS ONLY SCHEDULED BODILY INJURY(Per accident $ X)(XXXXX AUTOS ONLY NON-OWNED ONES Perr accdentDAMAGE $ xxxxxxx UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NOT APPLICABLE W v�r OFFICERIMEMBER EXCLUDED? ElNIA E.L.EACH ACCIDENT $ XXXXXXX (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT sxxxxxxx A CONTRACTORS Y y CPL742035804 7/1/2017 7/1/2018 $20,000,000 EACH LOSS* POLLUTION LIABILITY $20,000,000 AGGREGATE $100,000 SIR PER LOSS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Includes Pollution Coverage for conditions arising from waste or materials transported by or on behalf of Named Insured via automobile during the course of performing covered operations. RE:CHAPEL ROAD SEWER IMPROVEMENTS-TOWN BID 2017-01.TOWN OF SOUTH WINDSOR AND WRIGHT-PIERCE ENGINEERING IS ADDITIONAL INSURED UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY,POLLUTION LIABILITY AND UMBRELLA LIABILITY AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY,UMBRELLA LIABILITY,POLLUTION LIABILITY AND WORKERS'COMPENSATION AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 15033888 AUTHORIZED REPRESENTATIVE TOWN OF SOUTH WINDSOR ATTN:TOWN MANAGER 1540 SULLIVAN AVE SOUTH WINDSOR CT 06074 ACORD 25(2016/03) @1988_2I7tMI50RD_C01ZP0_RA1MN.All rights reserved The ACORD name and logo are registered marks of ACORD EJCDC F 00610-1 _ SECTION 00610 PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Insituform Technologies,LLC Travelers Casualty and Surety Company of America 17988 Edison Avenue One Tower Square Chesterfield,MO 63005 Hartford,CT 06183 OWNER(name and address): Town of South Windsor Town Manager-Town Hall-1540 Sullivan Ave.,South Windsor,CT 06074 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Eight Hundred Sixty Five Thousand Three Hundred Seventy Five&00/100 Dollars($865,375.00) Description(name and location): Chapel Road Sewer Improvements;Town Bid No.2017-01 BOND Bond Number: 106823370 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Eight Hundred Sixty Five Thousand Three Hundred Seventy Five&00/100 Dollars($865,375.00) Modifications to this Bond Form: X❑ None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Insispform Technologies,LLC (seal) Travelers Casualty and Surety Company of America(seal) Con ra tor' Name and Corp rate Seal Sure 's Name and Cor orate Seal y By: By: ig 1` ure Signature(attach power of attorney) Christlanda Adkins Amanda L.Williams Print Name Print Name Contracting&Attesting Officer Attorney-in-Fact Title Title Attest: Attest:.�L`" -� Signature Signature Laura M.Andresld Dana A.Johnessee,Witness Title Attestingr Title Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. EJCDCO C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 1 of 3 13831A i 00610-2 PERFORMANCE BOND 1. The Contractor and Surety,jointly and severally,bind 5.1 Arrange for the Contractor,with the consent themselves, their heirs, executors, administrators, of the Owner, to perform and complete the successors,and assigns to the Owner for the performance Construction Contract; of the Construction Contract,which is incorporated herein by reference. 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or 2. If the Contractor performs the Construction Contract, independent contractors; the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a 5.3 Obtain bids or negotiated proposals from conference as provided in Paragraph 3. qualified contractors acceptable to the Owner for a contract for performance and completion of the 3. If there is no Owner Default under the Construction Construction Contract, arrange for a contract to be Contract,the Surety's obligation under this Bond shall arise prepared for execution by the Owner and a contractor after: selected with the Owners concurrence,to be secured with performance and payment bonds executed by a 3.1 The Owner first provides notice to the qualified surety equivalent to the bonds issued on the Contractor and the Surety that the Owner is Construction Contract, and pay to the Owner the considering declaring a Contractor Default. Such amount of damages as described in Paragraph 7 in notice shall indicate whether the Owner is requesting excess of the Balance of the Contract Price incurred by a conference among the Owner, Contractor, and the Owner as a result of the Contractor Default;or Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may, 5.4 Waive its right to perform and complete, within five (5) business days after receipt of the arrange for completion, or obtain a new contractor, Owner's notice, request such a conference. If the and with reasonable promptness under the Surety timely requests a conference,the Owner shall circumstances: attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall 5.4.1 After investigation, determine the be held within ten (10) business days of the Surety's amount for which it may be liable to the Owner receipt of the Owner's notice. If the Owner, the and, as soon as practicable after the amount is Contractor,and the Surety agree,the Contractor shall determined,make payment to the Owner;or be allowed a reasonable time to perform the Construction Contract, but such an agreement shall 5.4.2 Deny liability in whole or in part and not waive the Owner's right, if any, subsequently to notify the Owner,citing the reasons for denial. declare a Contractor Default; 6. If the Surety does not proceed as provided in 3.2 The Owner declares a Contractor Default, Paragraph 5 with reasonable promptness,the Surety shall terminates the Construction Contract and notifies the be deemed to be in default on this Bond seven days after Surety;and receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its 3.3 The Owner has agreed to pay the Balance of obligations under this Bond,and the Owner shall be entitled the Contract Price in accordance with the terms of the to enforce any remedy available to the Owner. If the Surety Construction Contract to the Surety or to a contractor proceeds as provided in Paragraph 5.4, and the Owner selected to perform the Construction Contract. refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be 4. Failure on the part of the Owner to comply with the entitled to enforce any remedy available to the Owner. notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's 7. If the Surety elects to act under Paragraph 5.1,5.2,or obligations, or release the Surety from its obligations, 5.3, then the responsibilities of the Surety to the Owner except to the extent the Surety demonstrates actual shall not be greater than those of the Contractor under the prejudice. Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 5. When the Owner has satisfied the conditions of Owner under the Construction Contract. Subject to the Paragraph 3,the Surety shall promptly and at the Surety's commitment by the Owner to pay the Balance of the expense take one of the following actions: Contract Price,the Surety is obligated,without duplication for: EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 13831A 00610-3 PERFORMANCE BOND 7.1 the responsibilities of the Contractor for 14. Definitions correction of defective work and completion of the Construction Contract; 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under 7.2 additional legal, design professional, and the Construction Contract after all proper adjustments delay costs resulting from the Contractor's Default, have been made including allowance for the and resulting from the actions or failure to act of the Contractor for any amounts received or to be received Surety under Paragraph 5;and by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, 7.3 liquidated damages, or if no liquidated reduced by all valid and proper payments made to or damages are specified in the Construction Contract, on behalf of the Contractor under the Construction actual damages caused by delayed performance or Contract. non-performance of the Contractor. 14.2 Construction Contract: The agreement 8. If the Surety elects to act under Paragraph 5.1,5.3,or between the Owner and Contractor identified on the 5.4, the Surety's liability is limited to the amount of this cover page, including all Contract Documents and Bond. changes made to the agreement and the Contract Documents. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 14.3 Contractor Default: Failure of the Construction Contract, and the Balance of the Contract Contractor,which has not been remedied or waived, Price shall not be reduced or set off on account of any such to perform or otherwise to comply with a material unrelated obligations. No right of action shall accrue on this term of the Construction Contract. Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 14.4 Owner Default:Failure of the Owner,which has not been remedied or waived, to pay the 10. The Surety hereby waives notice of any change, Contractor as required under the Construction including changes of time,to the Construction Contract or Contract or to perform and complete or comply with to related subcontracts, purchase orders, and other the other material terms of the Construction Contract. obligations. 14.5 Contract Documents:All the documents that 11. Any proceeding, legal or equitable, under this Bond comprise the agreement between the Owner and may be instituted in any court of competent jurisdiction in Contractor. the location in which the work or part of the work is located and shall be instituted within two years after a declaration 15. If this Bond is issued for an agreement between a of Contractor Default or within two years after the contractor and subcontractor,the term Contractor in this Contractor ceased working or within two years after the Bond shall be deemed to be Subcontractor and the term Surety refuses or fails to perform its obligations under this Owner shall be deemed to be Contractor. Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum 16. Modifications to this Bond areas follows: periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 3 of 3 13831A 00620-1 I SECTION 00620 PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Insituform Technologies,LLC Travelers Casualty and Surety Company of America 17988 Edison Avenue One Tower Square Chesterfield,MO 63005 Hartford,CT 06183 OWNER(name and address): Town of South Windsor-Town Manager-Town Hall-1540 Sullivan Ave.,South Windsor,CT 06074 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Eight Hundred Sixty Five Thousand Three Hundred Seventy Five&00/100 Dollars($865,375.00) Description(name and location): Chapel Road Sewer Improvements;Town Bid No.2017-01 BOND Bond Number: 106823370 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Eight Hundred Sixty Five Thousand Three Hundred Seventy Five&00/100 Dollars($865,375.00) Modifications to this Bond Form: ❑X None ❑ See Paragraph 18 Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Insit form Technologies,LLC (seal) Travelers Casualty and Surety Company of America(seal) Con raf tor's Na nd Corporate Aeall Surety's Name and Corporate Seal 1 p, �f: Jul', By: %�j By: G � ��l ua*� S' nature Signature(attach power of attorney) Christlanda Adkins Amanda L.Williams Print Name Print Name Contracting&Attesting Officer Attorney-in-Fact Title Title Attest: Attest:41L���da\j4A, <J Signature Signature Dana A.Johnessee,Witness Title Title Notes. (1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. EJCDCO C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 13831A 00620-2 PAYMENT BOND 1. The Contractor and Surety, jointly and severally, bind 6. If a notice of non-payment required by Paragraph 5.1.1 is themselves, their heirs, executors, administrators, given by the Owner to the Contractor,that is sufficient to successors, and assigns to the Owner to pay for labor, satisfy a Claimant's obligation to furnish a written notice of materials, and equipment furnished for use in the non-payment under Paragraph 5.1.1. performance of the Construction Contract, which is incorporated herein by reference,subject to the following 7. When a Claimant has satisfied the conditions of Paragraph terms. 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following 2. If the Contractor promptly makes payment of all sums due actions: to Claimants, and defends, indemnifies, and holds harmless the Owner from claims,demands,liens,or suits 7.1 Send an answer to the Claimant,with a copy to the by any person or entity seeking payment for labor, Owner,within sixty(60)days after receipt of the materials, or equipment furnished for use in the Claim,stating the amounts that are undisputed and performance of the Construction Contract,then the Surety the basis for challenging any amounts that are and the Contractor shall have no obligation under this disputed;and Bond. 7.2 Pay or arrange for payment of any undisputed 3. If there is no Owner Default under the Construction amounts. Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the 7.3 The Surety's failure to discharge its obligations Contractor and the Surety (at the address described in under Paragraph 7.1 or 7.2 shall not be deemed to Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or the Owner or the Owner's property by any person or entity Contractor may have or acquire as to a Claim, seeking payment for labor, materials, or equipment except as to undisputed amounts for which the furnished for use in the performance of the Construction Surety and Claimant have reached agreement. If, Contract,and tendered defense of such claims,demands, however, the Surety fails to discharge its liens,or suits to the Contractor and the Surety. obligations under Paragraph 7.1 or 7.2,the Surety shall indemnify the Claimant for the reasonable 4. When the Owner has satisfied the conditions in Paragraph attorney's fees the Claimant incurs thereafter to 3,the Surety shall promptly and at the Surety's expense recover any sums found to be due and owing to the defend,indemnify,and hold harmless the Owner against a Claimant. duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount 5. The Surety's obligations to a Claimant under this Bond shall of this Bond,plus the amount of reasonable attorney's fees arise after the following: provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good 5.1 Claimants who do not have a direct contract with faith by the Surety. the Contractor, 9. Amounts owed by the Owner to the Contractor under the 5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any, substantial accuracy the amount claimed under any construction performance bond. By the and the name of the party to whom the Contractor furnishing and the Owner accepting this Bond, materials were, or equipment was, they agree that all funds earned by the Contractor in the furnished or supplied or for whom the performance of the Construction Contract are dedicated labor was done or performed, within to satisfy obligations of the Contractor and Surety under ninety (90) days after having last this Bond,subject to the Owner's priority to use the funds performed labor or last furnished for the completion of the work. materials or equipment included in the Claim;and 10. The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractor that are unrelated 5.1.2 have sent a Claim to the Surety (at the to the Construction Contract. The Owner shall not be address described in Paragraph 13). liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond 5.2 Claimants who are employed by or have a direct no obligation to make payments to or give notice on behalf contract with the Contractor have sent a Claim to of Claimants, or otherwise have any obligations to the Surety(at the address described in Paragraph Claimants under this Bond. 13). EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. 2 of 3 13831A 00620-3 PAYMENT BOND 11. The Surety hereby waives notice of any change,including 6. The total amount earned by the Claimant for changes of time,to the Construction Contract or to related labor,materials,or equipment furnished as of subcontracts,purchase orders,and other obligations. the date of the Claim; 7. The total amount of previous payments 12. No suit or action shall be commenced by a Claimant under received by the Claimant;and this Bond other than in a court of competent jurisdiction in 8. The total amount due and unpaid to the the state in which the project that is the subject of the Claimant for labor, materials, or equipment Construction Contract is located or after the expiration of furnished as of the date of the Claim. one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or 16.2 Claimant: An individual or entity having a direct (2) on which the last labor or service was performed by contract with the Contractor or with a anyone or the last materials or equipment were furnished subcontractor of the Contractor to furnish labor, by anyone under the Construction Contract,whichever of materials,or equipment for use in the performance (1)or(2)first occurs. If the provisions of this paragraph of the Construction Contract. The term Claimant are void or prohibited by law, the minimum period of also includes any individual or entity that has limitation available to sureties as a defense in the rightfully asserted a claim under an applicable jurisdiction of the suit shall be applicable. mechanic's lien or similar statute against the real property upon which the Project is located. The 13. Notice and Claims to the Surety, the Owner, or the intent of this Bond shall be to include without Contractor shall be mailed or delivered to the address limitation in the terms of "labor, materials, or shown on the page on which their signature appears. equipment" that part of the water, gas, power, Actual receipt of notice or Claims,however accomplished, light, heat, oil, gasoline, telephone service, or shall be sufficient compliance as of the date received. rental equipment used in the Construction Contract, architectural and engineering services 14. When this Bond has been furnished to comply with a required for performance of the work of the statutory or other legal requirement in the location where Contractor and the Contractor's subcontractors, the construction was to be performed,any provision in this and all other items for which a mechanic's lien may Bond conflicting with said statutory or legal requirement be asserted in the jurisdiction where the labor, shall be deemed deleted herefrom and provisions materials,or equipment were furnished. conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, 16.3 Construction Contract: The agreement between the intent is that this Bond shall be construed as a the Owner and Contractor identified on the cover statutory bond and not as a common law bond. page, including all Contract Documents and all changes made to the agreement and the Contract 15. Upon requests by any person or entity appearing to be a Documents. potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall 16.4 Owner Default: Failure of the Owner, which has permit a copy to be made. not been remedied or waived, to pay the Contractor as required under the Construction 16. Definitions Contract or to perform and complete or comply with the other material terms of the Construction 16.1 Claim: A written statement by the Claimant Contract. including at a minimum: 16.5 Contract Documents: All the documents that 1. The name of the Claimant; comprise the agreement between the Owner and 2. The name of the person for whom the labor Contractor. was done, or materials or equipment furnished; 17. If this Bond is issued for an agreement between a 3. A copy of the agreement or purchase order contractor and subcontractor,the term Contractor in this pursuant to which labor, materials, or Bond shall be deemed to be Subcontractor and the term equipment was furnished for use in the Owner shall be deemed to be Contractor. performance of the Construction Contract; 4. A brief description of the labor, materials,or 18.Modifications to this Bond are as follows: equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 13831A State of Missouri County of St. Louis On , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Amanda L. Williams 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Dana A. Johnessee,Notary Public DANA A 1OHNESSEE Notary Public—Notary Seal State of Missouri,St.Louis County Commission#13516439 My Commission Expires Sept.20,2021 My Commission Expires: WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ 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. 231637 Certificate No. 007300103 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.Johnessee,Peter J.Molts,Debra A.Woodard,Barbara Buchhold, Michael D.Wiedemeier,Amanda L.Williams, Georgina Fink,and Andrea McCarthy 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 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 20th day of July 2017 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 GA5Uq 1Y �FtR 4Nwyti 1 pPf'Vf4r)I- f�' � G c �. 4Y% �O••..w, � .T Q2 a sG d,Ci ..`.YO� �-a'�' Fi o 9tCOftPORA1ED - x sic �'e:m, :w,''acPPoaarFm a ixcOraaggp HA9TF6 � � 1896 Z gyrt�5' � 19b1 � � SEAL;g1 •��.SSA.L,'3- y o �� ,�; hb �D °n"�s GO�+T'� mod•'.•..... S�J �Lr � ��\� 1/11'1 �m„•.�:.d 9 �sN},H.r �s�' r 1 ,a `���,�� AtN State of Connecticut By: X City of Hartford ss. Robert L.Raney,Senior Vice President On this the 20th day of July 2017,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. �„TET In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021. O/O �G * Marie C.Tetreault,Notary Public 58440-5-16 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,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 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 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 certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding 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 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 force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 Kevin E.Hughes,Assistant Secrrftary AAli A>'2 Pi •n. 4 94 {F F -._ .em s rc HARTfORD, � HAF3tF6 f951 4 iiSBAL o� 1" L o; ( b►'y� rN+ ��%%� � ~s c� �a�.........-L'r•< v.., a `ei P e t"...r�� ��yj AINp 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