HomeMy WebLinkAboutMiddlesex Corporation Agreement - Asphalt Resurfacing - 2013 10 24 J��NTER
4 7 `Y..., CITY OF WINTER SPRINGS,FLORIDA
ID> Z
#= ' 1126 EAST STATE ROAD 434
U 1ncoporatd .
• 1959 • WINTER SPRINGS,FLORIDA 32708-2799
'ticao WEtavy,< Telephone(407)327-1800
Utility/Public Works
Department
THIS AGREEMENT MADE THIS 24 DAY OF 0 cAthe( ,2013 between the CITY
OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and The Middlesex
Corporation, a Foreign corporation authorized and duly licensed to do business in the State of Florida (herein
referred to as CONTRACTOR),as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of Asphalt Resurfacing of Various City Streets.
2. CONTRACT DOCUMENTS-The Contract Documents consist of this Agreement;all Technical, General
and Supplementary Conditions; all Addenda issued prior to and all Change Orders issued after
execution of this Agreement.These form the Contract and are incorporated into this Contract by this
reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the OWNER and the CONTRACTOR,the inconsistency shall be resolved by giving
precedence in the following order:
a. Contractor's Bid(Proposal),Agreement,and Addenda
b. Change Orders
c. Special Conditions
d. General Conditions
Any inconsistency in the work description shall be clarified by the OWNER and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole
discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR
hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in
accordance with the decision of the OWNER. When the material, article, or equipment is designated
by a brand name and more than one brand name is listed,it will be understood that the work is based
on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to
accommodate the material, article, or equipment being provided without additional cost to the
OWNER. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the
brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably
equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand
name and allow the OWNER to make a determination before CONTRACTOR uses the substitute.
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Asphalt Resurfacing of Various City Streets
5. CONTRACT TIME-The CONTRACTOR shall begin work within 10 days after the issuance of a written
Notice to Proceed and shall substantially complete the work within 60 calendar days from the date of
the Notice to Proceed.
6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within
the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a
legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially
complete on time.Accordingly, instead of requiring any such proof,OWNER and CONTRACTOR agree
that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER$500.00
for each day that expires after the time specified in Paragraph 5 for substantial completion until the
work is finally complete,and that OWNER has paid to CONTRACTOR the consideration of Ten($10.00)
Dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT-The OWNER will pay the CONTRACTOR in current funds
for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of $328,751.80. Payments will be made to the CONTRACTOR for actual quantities
installed on the basis of the Schedule of Unit Prices included as a part of the Bid,which shall be as fully
a part of the Contract as if attached or repeated herein.
8. TERMINATION;DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES-The OWNER reserves the right
to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, in the following circumstances, each of which shall represent a default
and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7) calendar days after written
notice from the OWNER specifying the default complained of, unless, however,the nature of the
default is such that it cannot,in the exercise of reasonable diligence,be remedied within seven(7)
calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent,or is unable or unwilling to pay its debts;or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder;or
d. CONTRACTOR has committed any act of fraud upon the OWNER;or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while
performing its obligations under this Agreement;or
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f. CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial,adverse
impact upon performance of this Agreement without prejudice to any other right, or remedy
OWNER may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall
have the right to exercise any other remedy the OWNER may have by operation of law, without
limitation,and without any further demand or notice. In the event of such termination,OWNER shall
be liable only for the payment of all unpaid charges,determined in accordance with the provisions of
this Agreement,for Work properly performed prior to the effective date of termination.
9. FORCE MAJEURE-Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
breakdown of or damage to OWNER's affiliates'generating plants,their equipment,or facilities;court
injunction or order;federal and/or state law or regulation;order by any regulatory agency;or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such
delay is given by such party to the other and each of the parties hereunto shall be diligent in
attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect
for sixty days,either party may terminate this Agreement.
10. SEVERABILITY-In the event any portion or part thereof of this Agreement is deemed invalid,against
public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion
and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this
Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise
be fully enforceable
11. PROGRESS PAYMENTS- OWNER shall make progress payments on account of the contract price to
CONTRACTOR,on the basis of application for payments submitted to the OWNER or OWNER's Project
Manager,by CONTRACTOR as the work progresses,and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the City of Winter Springs,Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT-OWNER shall withhold up to 10%of the Contract Price until 50%completion. After
50%completion,OWNER shall reduce to 5%the amount of retainage withheld from each subsequent
progress payment made to the Contractor. For purposes of this section, the term "50-percent
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Asphalt Resurfacing of Various City Streets
completion" shall be the point at which the OWNER has expended 50% of the total cost of the
construction services purchased as identified in the Agreement together with all costs associated with
existing change orders and other additions or modifications to the Agreement. After 50%completion,
the Contractor may present to the OWNER a payment request for up to one-half of the retainage held
by the OWNER.OWNER shall promptly make payment to the Contractor,unless OWNER has grounds
for withholding the payment of retainage.
OWNER shall make final payment to CONTRACTOR within thirty(30)days after the work is fully and
properly completed, if the contract has been fully and timely performed, but subject to the condition
that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of
liens arising out the contract, or receipt releases of lien fully covering all labor, materials and
equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER
indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents:
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND
AUTHORITY-The duties and authority of the OWNER are as follows:
a. General Administration of Contract. The primary function of the OWNER is to provide the
general administration of the contract. In performance of these duties, Brian Fields, P.E., or his
authorized representative is the OWNER's Project Manager during the entire period of
construction. The OWNER (CITY) may change the Project Manager during the term of this
contract.
b. Inspections,Opinions, and Progress Reports. The OWNER shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The OWNER will not be responsible for the means of construction, or for the sequences,
methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in
accordance with the Contract Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on
work progress, and any such inspections shall not waive Owner's claim regarding defective work
by Contractor.
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d. Interpretation of Contract Documents:Decisions on Disputes. The OWNER will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between CONTRACTOR and OWNER.
e. Resection and Stoppage of Work. The OWNER shall have authority to reject work which in
its opinion does not conform to the Contract Documents, and in this connection may stop the
work or a portion thereof,when necessary.
f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as
the work progresses, based on CONTRACTOR's applications and OWNER's inspections and
observations, and will issue certificates for progress payments and final payments in accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING—OWNER'S Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the OWNER,during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the OWNER'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR-CONTRACTOR's duties and rights in connection with the project
herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible
for all construction under this contract, including the techniques, sequences, procedures and
means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and
give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among
his employees,and he agrees not to employ for work on the project any person unfit or without
sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials. etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and work necessary for the proper
completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents)hold or will secure all trade or professional licenses required by law for CONTRACTOR
to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year
after acceptance by OWNER.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the OWNER.
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a. If upon receiving written approval from OWNER,any part of this Agreement is subcontracted
by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or
omissions performed by the subcontractor as if no subcontract had been made.
b. If OWNER determines that any subcontractor is not performing in accordance with this
Agreement,OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy
the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide
OWNER and its affiliates with insurance coverage as set forth by the OWNER.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than OWNER and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person,company,corporation,individual,or firm,other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward
third persons or the public in any manner which would indicate any such relationship with the other
party.
20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers,
employees,and city attorneys(individually and in their official capacity,from liability,losses,damages,
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed
or utilized by CONTRACTOR in the performance of this Agreement.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or
to provide for such defense,at the option of the OWNER,as the case may be,of any and all claims of
liability and all suits and actions of every name and description that may be brought against the
OWNER or its officers, employees, and city attorneys which may be covered by this indemnification.
In all events the OWNER and its officers,employees, and city attorneys shall be permitted to choose
legal counsel of its sole choice,the fees for which shall be reasonable and subject to and included with
this indemnification provided herein.
21. SAFETY-CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety
and supervision of its principals,employees,contractors,and agents while performing work provided
hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR -CONTRACTOR hereby represents and warrants
to the OWNER the following:
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a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida,and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto,and the execution,delivery,and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate
certificate of good standing provided by the State of Florida prior to the execution of this
Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the OWNER prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s)in accordance with
Florida law and to the satisfaction of OWNER,in an amount specified in the Contract Documents.
24. INSURANCE-During the term of this Agreement,CONTRACTOR shall be responsible for providing the
types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work are performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect the
CONTRACTOR from claims for damages for bodily injury, including wrongful death,as well as
from claims from property damage, which may arise from the ownership, use, or
maintenance of owned and non-owned automobiles, including rented automobiles whether
such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the
CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of$2,000,000 for all of its employees performing
Work for the OWNER pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance
shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which
satisfied the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the
OWNER 30 days prior to any expiration date.There shall also be a 30-day advance written notification
to the OWNER in the event of cancellation or modification of any stipulated insurance coverage.
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The OWNER shall be an additional named insured on all stipulated insurance policies as its interest
may appear,from time to time.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in paragraph 24.
25. MEDIATIONNENUE -The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation.The parties agree
to equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for
Seminole County,Florida.
26. GOVERNING LAW&VENUE-This Agreement is made and shall be interpreted,construed,governed,
and enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Seminole County,Florida.Venue for any federal action or litigation shall be Orlando,
Florida.
27. ATTORNEY'S FEES-Should either party bring an action to enforce any of the terms of this Agreement,
the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-
prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees,whether at settlement,trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid,to the applicable
party at the address shown on the first page of this Contract.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent
contractor and not an agent of the OWNER.The CONTRACTOR, its contractors, partners, agents,and
their employees are independent contractors and not employees of the OWNER. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners,
employees,or agents,during or after the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this
Agreement, may be deemed to be a Public Record whether in the possession or control of the
OWNER or the CONTRACTOR.Said record, document,computerized information and program, audio
or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the
OWNER's City Manager. Upon request by the OWNER,the CONTRACTOR shall promptly supply copies
of said public records to the OWNER. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall at any and all reasonable times during the normal
working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of
examination and/or audit.
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The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to
the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by
CONTRACTOR under this Agreement constitutes a Public Record;CONTRACTOR shall comply with the
Florida Public Records Law.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to
sovereign immunity under Section 768.28, or other limitations imposed on the CITY'S potential
liability under state or federal law. As such,the CITY shall not be liable, under this Agreement for
punitive damages or interest for the period before judgment. Further, the CITY shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than one
hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars($200,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein.This Agreement embodies the entire understanding of the parties,and there
are no further or other agreements or understandings,written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver,consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto.This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING-OWNER and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE-Any notices required to be given by the terms of this Agreement shall be delivered by hand
or mailed,postage prepaid to:
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For CONTRACTOR:
The Middlesex Corporation
10801 Cosmonaut Boulevard
Orlando, FL 32824
For OWNER:
City of Winter Springs
City Engineer,Public Works Department
1126 East State Road 434
Winter Springs,FL 32708
Either party may change the notice address by providing the other party written notice of the change.
Signed,Sealed and Delivered in the presence of:
CONTRACTOR: The Middlesex Corporation
4
MOE
Witne.s Name Fred p•nas
Preside Southeast
Title
10801 Cosmonaut Boulevard
Witn s Business Address
Orlando, FL 32824
City,State Zip
Date 101(. -1
OWNER:
LICITY OF WINTER SPRI
itness By evin L S ith
City Manager
it ess 1126 East State Road 434
Winter Springs,FL. 32708
407-327-1800
ASPHALT RESURFACING OF VARIOUS CITY STREETS
PRICING FORM
ITEM
NUMBER DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 MOBILIZATION LS 1 $4,700.00 $4,700.00
2 MAINTENANCE OF TRAFFIC LS 1 $3,000.00 $3,000.00
3 EROSION PROTECTION LS 1 $150.00 $150.00
4 MILLING OF EXISTING ASPHALT(1.75"AVG DEPTH) SY 39,958 $1.10 $43,953.80
5 SUPERPAVE ASPHALTIC CONCRETE SP-12.5(TRAFFIC C) TN 3,297 $84.00 $276,948.00
TOTAL PRICE(sum of items 1 through 5): $328,751.80
Pay Item Notes:
2 Includes the cost of all items needed for traffic control, i.e., barricades,flagmen, temporary variable message signs, etc., in accordance with FDOT
standards
4 The milling depth is an average of 1.75". Some streets will require a milling depth greater than 1.75"in order to maintain a finished asphalt edge from 0"
to a maximum of 1/4"above gutters and driveways. The thickness of new asphalt is 1.5" unless noted otherwise.
5 Quantity based on 110 lbs per square yard per 1-inch lift
5 Unit price includes all equipment, labor, and materials including bituminous material (plant mixes, prime coats, and tack coats)and all other incidental
costs to complete the work.
City of Winter Springs
2013-14 Paving Program
Structural Structural Course
Milling Resurface Avg.Mill Depth Course Tons(110
Segment# Project Project Type Yards(SY) Yards(SY) Resurface(in.) Depth(in.) lb/SY/inch)
1 Stone Gable Subdivision Resurface 5,165 5,165 1.75 1.50 426
-
2 Tusca Oaks Subdivision Resurface 13,038 13,038 1.75 1.50 1,076
3 Saranac Drive* Resurface 6,984 6,984 1.75 1.50 576
4 Fruitwood Avenue and Osage Court Resurface 3,542 3,542 1.75 1.50 292
5 Mimosa Court Resurface 1,990 1,990 1.75 1.50 164
6 Sailfish Road from Hayes Road to Shore Road Resurface 4,300 4,300 1.75 1.50 355
7 S.Edgemon Avenue from Bahama Rd to Jackson Cir Resurface 4,939 4,939 1.75 1.50 407
Total 39,958 39,958 3,297
•Note:The quantities for Saranac Drive include a second pass of both milling and resurfacing of the westbound lane from 659 to 679,
a distance of approximately 1,000 feet. The final structural course in this lane only shall be a minimum of 3-inches.
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PERFORMANCE BOND
Bond No. 105974260
BY THIS PERFORMANCE BOND, We The Middlesex Corporation as Principal, whose
address is 10801 Cosmonaut Boulevard, Orlando, FL 32824 and telephone number is
407-206-0077 and Travelers Casualty and Surety Company of America , as Surety, whose address is
350 Granite Street,Suite 1201,Braintree,MA 02184 and telephone number is 800-852-6677 are
bound to the City of Winter Springs, a Florida municipal corporation, as Owner, whose address
is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-
1800, in the initial sum of $ 361,626.98 (110% of Contract Price),
or such greater amount as the Contract may be adjusted from time to time in accordance with
the Contract between the Principal and Owner) (the "Penal Sum").
WHEREAS, the Principal has executed a contract with the Owner, dated 10124 f l', ,
Contract No. N/A (the "Contract") for the construction of the
Asphalt Resurfacing of Various City Streets project in the City of Winter Springs,
Seminole County, Florida (the"Project"); and
WHEREAS, the Owner has required the Principal to furnish a performance bond in accordance
with law and as a condition of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1),
Florida Statutes and the Contract referenced above, as the same may be amended, and
additionally, to provide common law rights more expansive than as required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves,
their heirs, administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL
PERFORMANCE. The Contract is incorporated by reference and made a part of this bond.
The Surety and the Principal are bound for the full performance of the Contract including
without exception all of the Contract Documents (as defined in the Contract) and all of their
terms and conditions, both express and implied. Without limiting the Principal's and
Surety's obligations under the Contract and this bond, the Principal and Surety agree:
A. Promptly and faithfully perform their duties and all the covenants, terms, conditions,
and obligations under the Contract including, but not limited to the insurance provisions,
guaranty period and the warranty provisions, in the time and manner prescribed in the
Agreement, and
B. Pay Owner all losses, damages, delay damages (liquidated or actual), expenses,
costs and attorneys' fees, including costs and attorney's fees on appeal that Owner
sustains resulting directly or indirectly from any breach or default by Principal under the
Contract, and
C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and
hold harmless the Owner from all costs and damages which it may suffer by reason or
failure to do so.
1
2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the Owner shall
provide to Surety the written affidavit of the Owner stating that the Principal is in breach or
default of the Contract, and that such breach or default remains uncured by the Principal,
then upon delivery of such affidavit to the Surety in the method for providing notices as set
forth in Paragraph 7 below, Surety must promptly notify the Owner in writing which action it
will take as permitted in Paragraph 3.
3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF
CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the Owner's affidavit of
breach or default by the Principal as provided in Paragraph 2 above, the Surety may
promptly remedy the breach or default or must, within forty-five (45) days, proceed to take
one of the following courses of action:
A. Proceed Itself. Complete performance of the Contract including correction of
defective and nonconforming Work through its own contractors or employees, approved
as being acceptable to the Owner, in the Owner's sole discretion, provided, however,
that Owner's discretion in approving the Surety's contractor will not be unreasonably
withheld as to any contractor who would have qualified to offer a proposal on the
Contract and is not affiliated in any way with the Principal. During this performance by
the Surety, the Owner will pay the Surety from its own funds only those sums as would
have been due and payable to the Principal under the Contract as and when they would
have been due and payable to the Principal in the absence of the breach or default not
to exceed the amount of the remaining Contract balance less any sums due the Owner
under the Contract. During this performance by Surety, any payment bond required
under the Contract must remain in full force and effect; or
B. Tender a completing contractor acceptable to Owner. Tender a contractor,
together with a contact for fulfillment and completion of the Contract executed by the
completing contractor, to the Owner for the Owner's execution. Owner's discretion to
approve Surety's completing contractor will not be unreasonably withheld as to any
contractor who would have qualified to offer a proposal on the contract and is not
affiliated with the Principal. Owner's discretion to approve the contractor as the
completing contractor and to approve the tendered contract shall be in Owner's sole and
absolute discretion. Upon execution by the Owner of the contract for fulfillment and
completion of the Contract, the completing contractor must furnish to the Owner a
performance bond and a separate payment bond, each in the form of those bonds
previously furnished to the Owner for the Project by the Principal. Each such bond must
be in the Penal Sum of the full cost to complete the Contract. The Owner will pay the
completing contractor from its own funds only those sums as would have been due and
payable to the Principal under the Contract as and when they would have been due and
payable to the Principal in the absence of the breach or default not to exceed the
amount of the remaining Contract balance less any sums due the Owner under the
Contract. To the extent that the Owner is obligated to pay the completing contractor
sums which would not have been due and payable to the Contractor under the Contract
(any sums in excess of the then remaining Contract balance less any sums due the
Owner under the Contract), the Surety must pay the Owner the full amount of those
sums at the time the completing contractor tenders an invoice to the Owner so that the
Owner can utilize those sums in making timely payment to the completing contractor; or
C. Tender the Full Penal Sum. Tender to the Owner the full Penal Sum of the
performance bond. The Owner will refund to the Surety without interest any unused
2
portion not spent by the Owner procuring and paying a completing contractor or
completing the Contract itself, plus the cost allowed under Section 4, after completion of
the contract for fulfillment and completion of the Contract and the expiration of any
applicable warranties; or
D. Other Acts. Take any other acts mutually agreed upon in writing by the Owner
and the Surety.
E. IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TO UNDERTAKE
ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL
CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE
CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS
DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM
OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS
RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN
PARAGRAPH 2.
4. SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein
above, the Surety must promptly pay the Owner(i) all losses, costs and expenses resulting
from the Principal's breach(es) or default(s), including, without limitation, fees (including
attorney's fees and related costs), expenses and costs for architects, engineers,
consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages,
whichever may be provided for in the Contract, for lost use of the Project, plus (iii)
reprocurement costs and fees and expenses, plus (iv) costs incurred at the direction,
request, or as a result of the acts or omissions of the Surety; provided that in no event shall
Surety's liability exceed the Penal Sum of this Bond.
5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the
Contract, including changes in the Contract Time, the Contract Sum, the amount of
liquidated damages, or the work to be performed under the Contract.
6. NO THIRD PARTY BENEFICIARIES. The Surety provides this performance bond for the
sole and exclusive benefit of the Owner and Owner's heirs, administrators, executors,
successors and assigns. No other party, person or entity has any rights against the Surety.
7. METHOD OF NOTICE. All notices to the Surety, the Principal or the Owner must be given
by Certified Mail, Return Receipt Requested, to the address set fourth for each party below:
SURETY:
Name: Travelers Casualty and Surety Company of America
Attention: Construction Services,Travelers Bond&Financial Products
Street: One Tower Square
City, State: Hartford.CT
Zip: 06183
PRINCIPAL:
Name: The Middlesex Corporation
Attention:
Street: —10801 Cosmonaut Boulevard
City, State: Orlando, FL
3
Zip: 32824
OWNER:
The City of Winter Springs
Attention: Kevin L. Smith
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-1800
with a copy to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407)425-9566
8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually
superceded, to the contrary notwithstanding, any action hereon may be instituted so long as
the applicable statute of limitations governing the Contract (including any warranty period)
has not run or expired or within three (3) years following Final Completion of the Contract
(including any warranty period) and acceptance of the Work performed under the Contract
by the Owner, whichever is longer.
9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference
herein and are expressly made a part of this Performance Bond.
10. GOVERNING LAW. This performance bond shall be governed by, and construed in
accordance with the laws of the State of Florida without regard to its conflict of laws
provisions.
11. VENUE. In the event any legal action shall be filed upon this performance bond, venue
shall lie exclusively in the Circuit Court for Seminole County, Florida.
12. MISCELLANEOUS.
A. The Surety agrees that this performance bond shall afford the Owner with all of the
protections and rights afforded under Florida Statutes and under common law.
B. This performance bond is issued in addition to any other bond or warranty required
under the Contract including, but not limited to, any labor and materials payment
bond and maintenance bond. Each bond issued under the Contract shall be
construed as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this performance bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and
all loss, damage, cost and expense, including reasonable attorneys' fees and costs
for all trial and appellate proceedings, resulting directly or indirectly from the
4
Surety's failure to fulfill its obligations hereunder. This subsection shall survive the
termination or cancellation of this performance bond.
D. This performance bond shall remain in full force and effect until such time all the
work, labor and materials under the Contract have been performed or provided to
the Owner's complete satisfaction, through the expiration of all warranty periods.
Principal Surety
The Middlesex Corporation Travelers Casualty and Surety Company of America
(Typed Firm Name) (Typed Firm Name)
(Seal) (Seal)
By:BY: is !�cA B ��Q,�ti �
(S'•nat• e) (Signature)
Alfred Aponas Maria Chaves
(Printed Name) (Printed Name)
President Southeast Attorney-in-Fact
(Title) (Title)
10801 Cosmonaut Boulevard 350 Granite St.,Suite 1201
Orlando, FL 32824 Braintree,MA 02184 _
(Address) (Address)
I012-‘4113 10[2N ( 12,
(Date of Execution) (Date of Execution)
END OF DOCUMENT
5
LABOR AND MATERIALS PAYMENT BOND
Bond No. 105974260
BY THIS LABOR AND MATERIALS PAYMENT BOND, WeThe Middlesex Corporation as
Principal, whose address is 10801 Cosmonaut Boulevard, Orlando, FL 32824 and telephone
number is 407-206-0077 and Travelers Casualty and Surety CompanyofAmerica, as Surety, whose address is
350 Granite Street,Suite 1201,Braintree,MA 02184 and telephone number is 800-852-6677 are
bound to the City of Winter Springs, a Florida municipal corporation, as Owner, whose address
is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-
5957, in the initial sum of $ 361,626.98 (110% of Contract Price),
or such greater amount as the Contract may be adjusted from time to time in accordance with
the Contract between the Principal and Owner) (the "Penal Sum").
WHEREAS, the Principal has executed a contract with the Owner, dated 1017-1-1 113
Contract No. N/A (the "Contract") for the construction of the
Asphalt Resurfacing of Various City Streets project in the City of Winter Springs,
Seminole County, Florida (the "Project"); and
WHEREAS, the Owner has required the Principal to furnish a labor and materials payment bond
in accordance with law and as a condition of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1),
Florida Statutes and the Contract referenced above, as the same may be amended, and
additionally, to provide common law rights more expansive than as required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves,
their heirs, administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL
PERFORMANCE. The Contract is incorporated by reference and made a part of this bond.
The Surety and the Principal are bound to promptly make payments to all claimants, as
defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials,
supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the
work provided under the Contract. Any such payments shall not involve the Owner in any
expense.
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section
255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who
is not in privity with the Principal shall, before commencing or not later than 45 days after
commencing to furnish labor, services, or materials for the prosecution of the work, furnish
the Principal with written notice that he or she intends to look to the bond for protection. A
claimant who is not in privity with the Principal and who has not received payment for his or
her labor, services, or materials shall deliver to the Principal and to the surety written notice
of the performance of the labor or delivery of materials or supplies and of the nonpayment.
The notice of nonpayment may be served at any time during the progress of the work or
thereafter but not before 45 days after the first furnishing of labor, services, or materials,
and not later than 90 days after the final furnishing of the labor, services, or materials by the
claimant or, with respect to the rental equipment, not later than 90 days after the date that
the rental equipment was last on the job site available for use. Any notice of nonpayment
1
served by a claimant who is not in privity with Principal which includes sums for retainage
must specify the portion of the amount claimed for retainage.
3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to the
Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or
materials required to be performed under the Contract.
4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive
benefit of the Owner and Owner's heirs, administrators, executors, successors and assigns,
as well as for the benefit of any claimants who have actually provided labor, material, rental
equipment, or services under the Contract.
5. RECITALS. The recitals contained in this labor and materials payment bond are
incorporated by reference herein and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to its conflict of
laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials payment
bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida.
8 . MISCELLANEOUS.
A. The Surety agrees that this labor and materials payment bond shall afford the
Owner and all claimants under the Contract with all of the protections and rights
afforded under Florida Statutes and under common law.
B. This labor and materials payment bond is issued in addition to any other bond or
warranty required under the Contract including, but not limited to, any performance
bond and maintenance bond. Each bond issued under the Contract shall be
construed as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this labor and materials
payment bond, then the Surety shall also indemnify and hold the OWNER harmless
from any and all loss, damage, cost and expense, including reasonable attorneys'
fees and costs for all trial and appellate proceedings, resulting directly or indirectly
from the Surety's failure to fulfill its obligations hereunder. This subsection shall
survive the termination or cancellation of this labor and materials payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such
time that the legal deadline for filing a claim hereunder has duly expired.
2
Principal Surety
The Middlesex Corporation Travelers Casualty and Surety Company of America
(Typed Firm Name) (Typed Firm Name)
(Seal) (Seal)
(Signature) (Signature)
Alfred S.Aponas Maria Chaves
(Printed Name) (Printed Name)
President Southeast Attorney-in-Fact
(Title) (Title)
10801 Cosmonaut Boulevard 350 Granite St.,Suite 1201
Orlando, FL 32824 Braintree,MA 02184
(Address) (Address)
Io 17L{ 113 10I2LI IR
(Date of Execution) (Date of Execution)
END OF DOCUMENT
3
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
4011116. 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. 226836 Certificate No. 005598 9 41
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
Mark P.Herendeen,Kevin A.White,Jean Correia,Maria Chaves,Theresan E. Rowedder,Jane Gilson,and Bryan Huft
of the City of Boston ,State of Massachusetts ,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 14th
day of August 2013
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
rsu ��p'Iv . r�t v„
j G �' 1'_ .) �� JFt 4 y,,a OFNN �NSfi9 i+s�q w evt Ames P.1 ��S7yAly�
j jt�00.PORA)Fi JQ-: pPORA y
S n ,iscamoRATED u 0..ra ml m Z' _._Tf':,,; a HARTFORD, 3'tNR(FCRA tE ixr p�
1982 0 1896
19771 1951 -A SEAL�o"f Wit•SEAL:'3°! CONN. a m��
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Ir
State of Connecticut By: raf
City of Hartford ss. Robert L.Raney. enior Vice President
On this the 14th day of August 2013 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.
TroktIn Witness Whereof,I hereunto set my hand and official seal. tWi G. " e •
My Commission expires the 30th day of June,2016. * 14081.10 * wMarie C.Tetreault.Notary Public
C►
CCU'
58440-8-12 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 0 G J e 20 13.
Kevin E.Hughes,Assistant Sec tary
1'lali.�r,�y F1PE 6 '4S
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a� � � �m�"�E fS•a�'�,J ,�r'........*d 61 �,� Atli
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