HomeMy WebLinkAboutResolution - 2020-R0303 - Wachs Water Services, Contract 15375Resolution No. 2020-RO303
Item No. 7.22
September 8, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 15375 for Water Distribution
System Valve Maintenance as per RFP 20-15375-JM, by and between the City of Lubbock
and Pure Technologies US Inc./dba Wachs Water Services, of Columbia, Maryland, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on September 8, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Re b cca Garza, City Secretary
APPROVED AS TO C , TENT:
f
Jesica Mc - achern, Assistant City Manager
APPROVED AS TO FORM:
}
K 11i Leisure, Assistant City Attorney
ccdocs..RES.Contract 15375 Water Distribution System
August 12, 2020
Resolution No. 2020-R0303
Contract 15375
City of Lubbock, TX
Water Distribution System Valve Maintenance
Agreement
This Service Agreement (this "Agreement") is entered into as of the Sthday of September 2020
("Effective Date") by and between Pure Technologies US Inc.ldba Wachs Water Services, (the
Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 20-15375-IM, Water Distribution System
Valve Maintenance.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Water
Distribution System Valve Maintenance, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Proposal Price Sheet
4. Exhibit C — Insurance
5. Exhibit D — Payment and Performance Bonds
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B, Exhibit C and Exhibit D attached hereto.
Article i
1.1 The contract shall be for a term of one year, with the option of two, one-year extensions, said
date of term beginning upon formal approval. All stated annual quantities are approximations
of usage during the time period to be covered by pricing established by this bid. Actual usage
may be more or less. Order quantities will be determined by actual need. The City of Lubbock
does not guarantee any specific amount of compensation, volume, minimum, or maximum
amount of services under this bid and resulting contract. The Contractor must maintain the
insurance coverage required during the term of this contract including any extensions. It is
the responsibility of the Contractor to ensure that valid insurance is on file with the
Purchasing and Contract Management Department as required by contract or contract may
be terminated for non-compliance.
1.2 Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City
Council date of formal approval. The rate may be adjusted upward or downward at this time
at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product
12-months at the City's discretion, the effective change rate shall be based on either the local
or national index average rage for all items. If agreement cannot be reached, the contract is
terminated at the end of the current contract period.
1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.3 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) tenmination of by either party with a 30 day
written notice. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract Insurance requirements document, this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor
unless agreed upon in writing by the parties. In the event of conflict between these terms
and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the
final terms agreed upon by the parties, and any prior conflicting terms shall be of no force
or effect.
2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.14 TEXAS GOVERNMENT CODE SECTION 2252.15
The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or
services to a foreign terrorist organization. As used in the immediately preceding sentence,
"foreign terrorist organization" shall have the meaning given such term in Section
2252.151, Texas Government Code.
2.15 TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the contractor or vendor agrees that the contract can be terminated if
the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter.
To the extent Subchapter ,1, Chapter 552, Government Code applies to this agreement,
Contractor agrees to: (1) preserve all contracting information related to the contact as
provided by the records retention requirements applicable to the governmental body for the
duration of the contract; (2) promptly provide to the governmental body any contracting
information related to the contract that is in the custody or possession of the entity on request
of the governmental body; and (3) on completion of the contract, either: (A) provide at no
cost to the governmental body all contracting information related to the contract that is in the
custody or possession of the entity; or (B) preserve the contracting information related to the
contract as provided by the records retention requirements applicable to the governmental
body.
2.16 HB 89
The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government
Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel " means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli -controlled
territory, but does not include an action made for ordinary business
purposes; and
2. "Company " means a for profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability
partnership, or any limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company or affiliate of those
entities or business associations that exist to make a profit.
3. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said
contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in
accordance with Chapter 2253, Government Code, in the amount of 100% of the total
contract price in the event that said contract price exceeds $50,000. All bonds shall be
submitted on forms supplied by the Owner, and executed by an approved Surety Company
authorized to do business in the State of Texas. It is further agreed that this contract shall
not be in effect until such bonds are so furnished.
4. PREVAILING WAGE RATES
4.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing
Wage Rates, with respect to the payment of prevailing wage rates for the construction of a
public work, including a building, highway, road, excavation, and repair work or other
project development or improvement, paid for in whole or in part from public funds, without
regard to whether the work is done under public supervision or direction. A worker is
employed on a public work if the worker is employed by the contractor or any subcontractor
in the execution of the contract for the project.
4.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid
not less than the general prevailing rate of per diem wages for the work of a similar character
in the locality in which the work is performed, and not less than the general prevailing rate
of per diem wages for legal holiday and overtime work.
4.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall
pay to the City of Lubbock $60 for each worker employed for each calendar day or
part of the day that the worker is paid less than the wage rates stipulated in the contract.
INTENTIONALLY LEFT BLANK-----
City of Lubbock
Bid RFP 20-15375-JM
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first
above written. Executed in triplicate.
CITY OF LUBBOCK
L,�
Daniel A Pope, Mayor
A ST:
Rebecca Garza, City Secrets
OVED AS TO CONTENT:
.E.,
of
Public or
r
J n Turpi E ssistant Division Director
of Public o
APP OVED AS TO FORM
Kel Leisure, Assistant City Attorney
.1
CO 'ACTOR
BY:--�
Authorized Representative
Ryan McKeon, Vice President
Print Name
8920 State Route_ 108 Suite D
Address
Columbia MD 21045
City, State, Zip Code
1 712/2020 3:25 PM P. 56
Exhibit A
City of Lubbock, TX
RFP 20-115375-JM
Water Distribution System Valve Maintenance
GENERAL REQUIREMENTS
L INTENT
The Public Works Department is seeking proposals to establish a contract for valve maintenance including
working valves, valve repair if needed, cleaning and raising valve risers to be done in the City of Lubbock
in accordance with the applicable specifications and requirements below. The work or jobs described below
are to be done by qualified contractors duly organized, validly existing and in good standing with at within the last
twenty-four (24) months with experience in this type of service. The Contractor shall maintain a qualified work force
experienced in the performance of specified jobs and familiar with all laws, rules, and regulations regarding the
activities stipulated herein. The Contractor shall show proof of qualifications and submit a list, together with their
bid, of at least three customers and types of services done for within the last twenty-four (24) months.
2. SCOPE OF SERVICES
VALVE MAINTENANCE PROCEDURES
Operation and maintenance procedures for various types of valves are detailed in manufactures operation
manuals and in the appropriate product, AWWA standards. The following paragraphs provide guidelines
for most situations. A valve that has not been operated for a number of years needs to be closed by using a
series of up and down motions. Crews attempting to close a difficult valve should never use a T-handle and
extension to force the valve closed. Such over-torqueing to obtain a positive shutoff can cause damage to
the valve. Torque -limiting devices must be used by the proponent of this contract to avoid damage to valves.
Crews should follow the following guidelines to close a valve properly:
1. Begin with a steady amount of torque in the direction necessary to close the valve, moving
through 5 to 10 rotations.
2. Reverse for two or three rotations.
3. Reverse again and rotate 5 to 10 more turns in the closing direction.
4. Repeat this procedure until full closure is attained.
5. Once the valve is fully closed, it should be opened a few turns so that high velocity water flowing
under the gates can move the remainder of the sediment downstream with more force and clear
the bottom part of the valve body for seating.
6. Fully close the valve again.
7. Adjust rotations based on valve size
The reason for this cautious approach is that debris and sediment often build up on the gates, stem, and
slides. If this material is compacted while the valve is being closed, the torque required to close the valve
continues to build as the material is loaded. If the procedure previously described is used, the stem and
other parts are "scrubbed" by the series of back -and -forth motions, and water in the system can flush the
debris that has broken loose away from the stem gate and slides or guides.
LOCATING, WORKING AND CLEANING VALVES
1. Valves that are located and operated shall be in Accordance with Contract requirements.
2. All available valve information will be supplied by the City.
3. Contractors will use electronic metal locators, probe rods, and visual inspection to determine valve
locations supplied by the City.
S: Purchm Bid DocvRFP 20-##ft#-IN ] b
Exhibit A
City of Lubbock, TX
RFP 20-15375-JM
Water Distribution System Valve Maintenance
4. The contractor is required to record GPS locations of all valves operated within a 1 meter accuracy of
the valve horizontally.
5. Valves that are found will be cleaned/vacuum cleaned if needed to operate nut of the valve
6. Valves covered by paving and inaccessible by manual efforts i.e. pick axe or shovel shall be marked
by the contractor and a City crew will assist in the removal of paving. The contractor will be paid for
'/ of the price of the valve for mobilization/search effort. After paving is removed by the City the
contractor will work the valve and be paid for an additional full valve beyond the initial pay of the 1/4.
7. If the Valve cannot be located with reasonable efforts as required by this contract, it will be
documented and marked as NF. (Not Found)
8. The NF Valve will be charged at '/4 the Contract price per Valve for the mobilization and search
effort. On NF valves the City will follow up with an investigation of the work performed to ensure a
reasonable effort was made to find the valve. If it is determined a reasonable effort was not made the
City reserves the right to reject payment for the NF valve.
9. Contractor will contact the City immediately in cases of Valves NF.
10. Contractor is responsible for all City of Lubbock and State permit requirements.
11. Contractor is responsible for adhering to all TCEQ regulations and licensing requirements.
Contractor shall have at least a Class D TCEQ licenses holder on site during any operations. A Class
C TCEQ license is preferred by the City of Lubbock.
12. Contractor is responsible for following all City Ordinances and applicable rules of the City of
Lubbock. Examples are the City of Lubbock Minimum Design Standards and Specifications and the
City of Lubbock Utility Excavation Manual.
13. Contractor is responsible for all Call Before you Dig Notifications as necessary.
14. Contractor is responsible for all work zone set up and traffic control. All traffic control plans shall be
approved thru the City Traffic Engineering department prior to implementation. Traffic control plans
and barricade permits will only be required on City of Lubbock thoroughfares and in State Rights of
Way. All traffic control setup will conform to the Texas Manual of Uniform Traffic Control Devices
15. Any barricades needed for residential streets shall be considered to be subsidiary to the various bid
items of this contract. All traffic control setup will conform to the Texas Manual of Uniform Traffic
Control Devices
16. Contractor will not operate any valve that will shut off or interfere with the service of a business or
residence without prior coordination and approval from the City. This includes directly operating
service valves and dead end main lines.
17. The Contractor may work the hours of 7 am to 5 pm. Monday Friday with the exception of City
Holidays. Any work to be performed outside of these hours must have prior written approval of the
City of Lubbock.
18. Contractor is responsible for maintaining clearly marked vehicles and equipment while providing all
necessary tools and valve wrenches needed to get to all valve depths. This is considered subsidiary to
the Valve Item payment. Marked vehicles shall have a clearly Marked Contractor Name and phone
number at all times.
19. The contractor will coordinate directly with the City to determine the area of the valves to be worked
s:,rwcnase,eie oocs,RFF 20-90 -IN 2a
Exhibit A
City of Lubbock, TX
RFP 20-15375-JM
Water Distribution System Valve Maintenance
within the distribution system.
20. The contractor will be responsible for locating, raising to grade, cleaning the valve riser, exercising
the valve, painting the valve box lid red for inoperable valves or blue for valves that are in proper
working order. In addition the contractor shall collect and disseminate to the City the data associated
with all valves in the specified area as identified by the City.
21. Contractor shall supply to the City the following data with all monthly pay requests:
• The completed attached Valve Inspection Form as provided in this contract
• Notes recorded by the Contractor during operations.
• The valve data sheet produced by the onboard computer system that includes accurate GPS data.
This data produced for each valve operation will be submitted with each invoice to verify totals
for pay applications.
22. Contractor shall use reasonable means to locate all valves including electronic metal locators, probe
rods, visual inspection and other measurements and information supplied by the City. Valves that are
ultimately not found shall be documented as not found in the data supplied to the City.
23. City will provide materials necessary to raise the valve box to grade, use of existing valve box is
expected.
24. Valves broken or damaged by the contractor shall be replaced at Contractors expense. Valve needs to
be repaired prior to working additional valves.
25. The contractor will be responsible for repairs to water mains ruptures from operating valves
improperly (water hammer).
26. Pressure zone valves shall not be operated by the Contractor. The City will identify these valves once
under contract.
27. If it is determined a fire hydrant lead valve will have the hydrant out of service for more than four (4)
hours, the City and Lubbock Fire Department shall be notified immediately.
28. The contractor will provide pictures of Asphalt Cut and Repair with measurements to show quantities
for payment. These Asphalt items will be paid at the quantity measured but will have a maximum of
2 square yards.
29. Reasonable efforts as defined by this contract will include at least a half hour of searching for the
valve with an electronic metal locator, probe rod, pick axe as needed to uncover the valve, visual
inspection and measurements from City as-builts. The City will require proof of this operation being
performed if excessive NF valves are claimed by the contractor.
5: PurchweiBid Docs,RFP 24-#####-IN 2 5
Exhibit B
OAVA ►lachsW ater
A Bid RFP 20-16375-JM Water Distribution System Valve Maintenance
City of Lubbock TX a xylem brand
PRICE SHEET (Tab B)
City of Lubbock, TX
RFP 20-15375-JM
Water Distribution System Valve Maintenance
Attachment A
Proposal Price Sheet
(To be completed and returned with Proposal)
Price Sheet
Line Item:
1. Valve Maintenance and Cleaning $55.00 Ea x 1500 Total = $82,500.00
2. Asphalt removal Sq. Yd. x 750 Sq. Yds. $20.00 Total = $15,000.00
There is a Maximum of 2 Sq. Yds. per Valve if needed for Asphalt removal.
3. Asphalt patching Sq. Yd. x 750 Sq. Yds. $35.00 Total = $26,250.00
�- There is a Maximum of 2 Sq. Yds. Per Valve if needed for Asphalt patching
., 4. Adjust valve box and riser to grade Ea. x 375 ea. $225.00 Total = $84,375.00
5. Traffic Control on Thoroughfares. $1.00 Ea. x 25 ea. Total = $ 25.00
Total for all Item $208,150.00
These line items will cover all paperwork, permits, equipment requirements, labor, mobilization, barricades on residential streets
etc... to perform the work within this contract. Any other unknown issues will be explicitly considered subsidiary to the price of the
Valve Maintenance and Cleaning line item. The contractor will be required to use the forms in this document for all work. The
contractor will comply with all City of Lubbock Ordinances, City of Lubbock Minimum Design Standards and Specifications and
the Utility Excavation Manual.
14
Exhibit C
City of Lubbock, TX
RFP 20-15375-JM
Water Distribution System Valve Maintenance
INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the
coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required
information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period
of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by
the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the
Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas
and acceptable to the City, in the following type(s) and amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
® W.-Heavy Equipment ® XCU
® To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate 51,000,0w
Products-Comp/Op AGG x
Personal & Adv. Injury x
Contractual Liability x
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑ General Aggregate
AUTOMOTIVE LIABILITY
®
Any Auto
❑
Scheduled Autos
❑
Non -Owned Autos
EXCESS LIABILITY
®
Umbrella Form
❑ All Owned Autos
❑ Hired Autos
GARAGE LIABILITY
❑
Any Auto
❑
BUILDER'S RISK
❑
INSTALLATION FLOATER
❑
POLLUTION
❑
CARGO
®
WORKERS COMPENSATION
®
EMPLOYERS' LIABILITY
Combined Single Limit
Each Occurrence S l,tH)0,000
Each Occurrence $4.000.006
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ 100%of the Total Contract Price
❑ 100% of the Total Material Costs
STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY $500.000
COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
0 To include products ofcompleted operations endorsement.
Exhibit C
City of Lubbock, TX
RFP 24-15375-JM
Water Distribution System Valve Maintenance
® Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include
waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable
endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements
thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms,
conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon
either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor
shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of
insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as
the interest of each insured may appear) as to all applicable coverage;
b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be
covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30
days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1314 Avenue K, Floor 9
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor
shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the
Contractor from liability.
Exhibit D
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Pure Technologies US Inc./dba Wachs Water Services (hereinafter
called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Two Hundred Eight Thousand One Hundred Fifty, Dollars ($208.150.00) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25" clay of August'
2020 to RFP 20-15375-JM Water Distribution System Valve Maintenance
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.02 ] (a) of the Texas
Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length herein.
Surety
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 2020.
(Company Name)
*By: By:
(Title) (Printed Name)
(Signature)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
Exhibit D
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Pure Technologies US Inc./dba Wachs Water Services (hereinafter
called the Principal(s), as Principal(s), and_
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Two Hundred Eight Thousand One Hundred Fifty Dollars 208150.00 lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25" day of August
2020 to RFP 20-15375-JM Water Distribution S stem Valve Maintenance
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas
Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to
the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day
of .2020.
Surety
* By:
(Title)
{Company Name)
By:...
(Printed Name)
(Signature)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
BOND CHECK
BEST RATING: +{-
LICENSED IN TEXAS
DATE:Ci' 2T-1pBY-Z2Ih
Bond No. 107255752
Exhibit D
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Pure Technologies US Inc./dba Wachs Water Services (hereinafter
called the Principal(s), as Principal(s), and Travelers Casualty And Surety Comps of Amerira
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Two Hundred Eight Thousand One Hundred Fifty Dollars ($208,150.00) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 8th day of
Sptember, 2020 to RFP 20-15375-dM Water Distribution System Valve Maintenance
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.02l(a) of the Texas
Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to
the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 16thday
of September , 2020.
Pure Technologies U.S. Inc. DBA
Travelers Casualty -And Sure Company of America
Sure
By
( a Anna Potter, Attorney -In -Fact
Wachs Water Services
(Company Name)
By:� 1 /rm IY�U�
(Printe Name)
(Signature)
V I/ ?_ ?(6--s0e,0P
(Title)
UTINTAT loot
.. , ,f -.� .Y f Sn :t7S t�.. ..'
- ii •I .. •. _ t • i 0001 vs,.. , .. . - -
!
..
� ✓ � `ate
T �
it
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
Michael J. Harrod an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Travelers Casualty And Surety Company
of America
Surety
*By:
itle) Anne Potter, Attorney -In -Fact
Approved as to Form
City
By:
dify Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
No Text
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies'), and that the Companies do hereby make, constitute and appoint Anne Potter of GARDEN CITY
New York , their true and lawful Attomey-in-Fact 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 3rd day of February,
2017.
Goo
State of Connecticut
City of Hartford ss.
By:
Robert L. Raney, Senior Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021 �,tpUe0j maV-R C
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect.
Dated this 16th day of September , 2020
reMlidq� i NNafpO. � � t�R� C
Kevin E. Hughes, Assilgrit Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached.
No Text
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT 06183
FINANCIAL STATEMENT AS OF DECEMBER 31, 2019
CAPITAL STOCKS 6,480,000
CASH AND INVESTED CASH
$ 90.238,216
UNEARNED PREMIUMS
BONDS
3.590,884,327
LOSSES
STOCKS
297,933,044
LOSS ADJUSTMENT EXPENSES
INVESTMENT INCOME DUE AND ACCRUED
37,250,410
COMMISSIONS
OTHER INVESTED ASSETS
3,986,614
TAXES, LICENSES AND FEES
PREMIUM BALANCES
263.364,263
OTHER EXPENSES
NET DEFERRED TAX ASSET
52.134.926
CURRENT FEDERAL AND FOREIGN INCOME TAXES
REINSURANCE RECOVERABLE
31,203,629
REMITTANCES AND ITEMS NOT ALLOCATED
SECURITIES LENDING REINVESTED COLLATERAL ASSETS
3,732.802
AMOUNTS WITHHELD/ RETAINED BY COMPANY FOR OTHERS
RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES
11,831,826
RETROACTIVE REINSURANCE RESERVE ASSUMED
ASSUMED REINSURANCE RECEIVABLE AND PAYABLE
567,396
POLICYHOLDER DIVIDENDS
OTHER ASSETS
3,674,968
PROVISION FOR REINSURANCE
ADVANCE PREMIUM
PAYABLE FOR SECURITIES LENDING
CEDED REINSURANCE NET PREMIUMS PAYABLE
OTHER ACCRUED EXPENSES AND LIABILITIES
TOTAL LIABILITIES
CAPITAL STOCK
PAID IN SURPLUS
OTHER SURPLUS
TOTAL SURPLUS TO POLICYHOLDERS
TOTAL ASSETS $ 4,386,702,02o I TOTAL LIABILITIES&SURPLUS
STATE OF CONNECTICUT )
COUNTY OF HARTFORD ) SS.
CITY OF HARTFORD )
MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT- FINANCE, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID
COMPANY AS OF THE 31 ST DAY OF DECEMBER, 2019.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
26TH DAY OF MARCH, 2020
%1'icc� rtc ��-iJ 7JocCe'
VICE PRESIDENT -EMNCE U
NOTARY PUBLIC
SUSAN M. WEISSLEDER
NotaryPublic
My Commission Ecpires November 30.2022
$ 1.079.715,557
772,047,572
174.714,866
46,970,467
14,728,580
43.134,646
12,674,197
17.964,746
26,565,278
826,255
11.482,845
9,837.205
2,140,883
3,732,602
46,059,812
421,937
S 2,263,017,456
$ 6,480,000
433,803,780
1,683,400.804
$ 2,123,684,564
$ 4,386,702.020
No Text
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Travelers Casualty and Surety Company of America and its affiliates'
toll -free telephone number for information or to make a complaint at:
1-800-328-2189
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: httQ://www.tdi.state.tx.us
E-mail: ConsumerProtection@Ldi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should
contact your Agent or Travelers first. If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the
attached document and is given to comply with Texas legal and regulatory requirements.
(PN-042-B) Ed. t0.18:07
BOND CHECK
BEST RATING: A #
LICENSED IN TEXAS
DATE:121- to BYE_
Bond No.107255752
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
Exhibit D
KNOW ALL MEN BY THESE PRESENTS, that Pure Technologies US Inc./dba Wachs Water Services (hereinafter
called the Principal(s), as Principal(s), andfravelers Casualty And Surety Company of America
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Two Hundred Eight Thousand One Hundred Fifty Dollars ($208.150.00) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 8th day of
September, 2020 to RFP 20-15375-JM Water Distribution System Valve Maintenance
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas
Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
16th day of September 2020, Pure Technologies U.S. Inc. DBA
Travelers Casualty And Surety Company of America
Surety
( A 4na &7b
.By.
(T a Anne Potter;-Attomey-In-Fact
Wachs Water Services
(Company Name)
By-�l�, n ll ILKr
(Pr�L—
(Signature) ame)
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Vll� Y�JPsI�I't�
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Michael J. Harrod an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Travelers Casualty And Surety
Company of America
Fact
Approved as to form:
• Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
No Text
Travelers Casualty and Surety Company of America
TRAVELERS Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Anne Potter of GARDEN CITY
New York , their true and lawful Attomey-in-Fact 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 theircorporate seals to be hereto affixed, this 3rd day of February,
2017.
Goo
State of Connecticut
By:
City of Hartford as. Robert L. Raney, Senior Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. o TR � ��� �l
My Commission expires the 30th day of June, 2021 \` \W;L 17 1µARAUX:
♦ npr• Mane C. Tetreault, Notary Public
ot�'_
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys -fin -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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect.
Dated this 16th day of September , 2020
rpwr. wiai s,a• no -
u 0
Kevin E. Hughes, Assiatant Secretary
TO verily the authentdty phis PowerofAttomey, please call us at 1-800-421-3880. _ _-
Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power Is attached.
No Text
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT 06183
FINANCIAL STATEMENT AS OF DECEMBER 31, 2019
CAPITAL STOCK $ 6,480,000
CASH AND INVESTED CASH
$ 90,238,215
UNEARNED PREMIUMS
$ 1.079.715.557
BONDS
3,590,884,327
LOSSES
772.047.572
STOCKS
297,933,044
LOSS ADJUSTMENT EXPENSES
174,714,866
INVESTMENT INCOME DUE AND ACCRUED
37,250,410
COMMISSIONS
48.970,467
OTHER INVESTED ASSETS
3,980.514
TAXES, LICENSES AND FEES
14,726,588
PREMIUM BALANCES
293.384.263
OTHER EXPENSES
43,134.646
NET DEFERRED TAX ASSET
52,134.926
CURRENT FEDERAL AND FOREIGN INCOME TAXES
12.674,197
REINSURANCE RECOVERABLE
31,203.529
REMITTANCES AND ITEMS NOT ALLOCATED
17.964.746
SECURITIES LENDING REINVESTED COLLATERAL ASSETS
3,732.602
AMOUNTS WITHHELD/ RETAINED BY COMPANY FOR OTHERS
26.565.278
RECEIVABLES FROM PARENT. SUBSIDIARIES AND AFFILIATES
11,831,826
RETROACTIVE REINSURANCE RESERVE ASSUMED
826.255
ASSUMED REINSURANCE RECEIVABLE AND PAYABLE
567.398
POLICYHOLDER DIVIDENDS
11,482.845
OTHER ASSETS
3.574.968
PROVISION FOR REINSURANCE
9.837,205
ADVANCE PREMIUM
2.140,083
PAYABLE FOR SECURITIES LENDING
3,732.602
CEDED REINSURANCE NET PREMIUMS PAYABLE
46,059,812
OTHER ACCRUED EXPENSES AND LIABILITIES
421,937
TOTAL LIABILITIES
$ 2.263.017.456
CAPITAL STOCK
$ 6,480,000
PAID IN SURPLUS
433,803,760
OTHER SURPLUS
1,683,400,804
TOTAL SURPLUS TO POLICYHOLDERS
$ 2,123,684,564
TOTALASSETS
$ 4,386,702,020
TOTAL LIABILITIES&SURPLUS
$ 4.386,7 22,020
STATE OF CONNECTICUT 1
COUNTY OF HARTFORD ) SS.
CITY OF HARTFORD )
MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT- FINANCE, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID
COMPANY AS OF THE 31ST DAY OF DECEMBER, 2019.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
28TH DAY OF MARCH, 2020
VICE PRESIDENT- RINANCE
SUSANM. WEISSLEDER
No/aryPublic
My Commission Expires November 30. 2022
No Text
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Travelers Casualty and Surety Company of America and its affiliates'
toll -free telephone number for information or to make a complaint at:
1-800-328-2189
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. 0. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: htta://www.tdi.state.tx.us
E-mail: ConsumerProtection di.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should
contact your Agent or Travelers first. If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not becomee-a part or condition of the
attached document and is given to comply with Texas legal and regulatory requirements.
(PN-042-B) Ed.10.18.07