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1570 Vogel Bros Building Co-Disinfection Bonds i -' V/1\7 �' • Rib Thursday, April 11, 2013 o — 1877 = ce PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk — Mayor RE: Vogel Brothers Building Co IFB 12/13 -05 WTP 2 Disinfection By Product Compliance Bonds The item(s) noted below is /are attached and forwarded to your office for the following action(s): 1 Development Order n Mayor's signature ❑ Final Plat (original mylars) Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond Payment Bond ❑ Resolution City Manager Signature ❑ City Clerk Attest /Signature Once completed, please: n Return originals to Purchasing n Return copies Special Instructions: (j, ((S MarisolOrdofez '� ( V Fr Date T: \Dept_fonns \City Clerk Transmittal Memo - 2009.doc BOND 105874959 T b C7 at M CD C ,... Q.. City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00605 -1 co cr CPH Job No. S06118 SECTION 00605 CN 0 PERFORMANCE BOND P ' KNOW ALL MEN BY THESE PRESENTS: that lag r C7 '" Vogel Bros. Building Co. � • va (Name of CONTRACTOR) o 2720 Drane Field Rd., Lakeland, FL 33811 863- 646 -5078 o w (Address of CONTRACTOR) (Phone No. of CONTRACTOR) c ir.: : a Corporation , hereinafter called o ,, (Corporation, Partnership or Individual) 0 • t CONTRACTOR, P IC) and Travelers Casualty and Surety Company of America c, (Name of SURETY) d cp i One Tower Square, Hartford, CT 06183 860 277 - 0111 n cy (Address of SURETY) (Phone No. of SURETY) �' o 0 Y hereinafter called SURETY, are held and firmly bound unto: r ; the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida o :,.4 32771; a , '„ w Cl in the full and just Sum of Six Million Nine Hundred Thousand ° o Z DOLLARS ($ 6,900 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, bind b 1 = ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. y 0 c CD w THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating f,:t� ` and as fD m � th r ement may be amended time -to -time) with the OWNER, dated th day of P ei) , X a copy of which may be hereto attached, but, in o LY any event, is maintained in the records of the OWNER, said Agreement being hereby made a .-,, c part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being iri 0 .S °., entered generally for the construction of: C" - a w D C WTP No. 2 Disinfection By- Product Compliance Improvements (IFB 12/13 -05) u i (Name of Project) (Contract No.) 07 The Project is briefly described as: N w E; u Q\ The construction of the WTP No. 2 Disinfection By-Product Compliance Improvements, w a including but not limited to Ozone equipment and associated facilities, GAC equipment and arm:, o ,,, w ,- November 2012 Performance Bond • W :1 uW a; • u :a !.J ux City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00605 -2 CPH Job No. S06118 associated facilities, Tanks, Pump stations, Site Improvements, Telemetry, restoration, service power to new control panel including all labor, materials, dewatering, and appurtenances necessary for a complete installation. The Project is located at: 3100 Orlando Drive, Sanford Florida, 32771 This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, Florida Statutes, and to satisfy the terms and conditions the Agreement. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR: 1. Promptly and faithfully performs all of its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this Bond is able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co -equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Bond. The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR's work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. SURETY's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the SURETY. The SURETY agrees that its obligation under the Bond is to: (i) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be November 2012 Performance Bond City of Sanford — WTP No. 2 Disinfection By-Products Compliance Improvements 00605 -3 CPH Job No. S06118 the completing surety even if performance of the CONTRACTOR's work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the CONTRACTOR's work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR's work and furnishing adequate and full funds to complete the work in the required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may exceed the contract price set forth in the Agreement. In any event, the CONTRACTOR I's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to comply, at a minimum, with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the OWNER shall be entitled to all such common law rights notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as a common law bond when such construction will benefit the OWNER. The undersigned signatories represent to the OWNER that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the OWNER is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. ` ,4 11 IN W WHEREOF, this instrument is executed this the d day of/"-( ��ti ATTEST: CONTRACTOR Signatory Authority November 2012 Performance Bond City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00605-4 CPH Job No. S06118 o v ,�1/ f '. ( 7 CONTRACTOR Attesting Authority CONTRACTOR Signatory Authority Mary S. Spurlin Peter C. Vogel, President and CEO Typed Name Typed Name and Title 2720 Drane Field Rd. (CORPORATE SEAL) Address \ \Q( Lakeland, FL 33811 • (Witness . ONTRAC ) City, State, Zip D. Leigh Wa. er 863 - 646 -5078 863 - 644 - 5107 Typed Name Telephone No. Facsimile No. ATTr : T: SURETY Travelers Casualty and Surety 1- Company of America ( (RETY) XOS/ SURETY Jill Wendt 860 - 277 -0111 860 - 277 -7002 Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) / l �! .v1n sL.L) By: 1 � t 1 - r.:� IC," Witness as to VRETY Attorney -in -Fact Amy Shaver Bradley S. Babcock , Typed Name Typed Name 0,L4-six ii /./ W70N455 Cedar Pointe Ave. Wi n A r t ess o SURETY Address Cynthia A. Gross Cedarburg, WI 53012 Typed Name City, State, Zip 262 - 853 -4622 262- 546 -0708 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. November 2012 Performance Bond City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00605 -5 CPH Job No. S06118 ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION November 2012 Performance Bond r BOND 105874959 City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00610 -1 CPH Job No. S06118 SECTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Vogel Bros. Building Co. (Name of CONTRACTOR) 2720 Drane Field Rd., Lakeland, FL 33811 863- 646 -5078 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR , and Travelers Casualty and Surety Company of America (Name of SURETY) One Tower Square, Hartford, CT 06183 860 277 - 0111 (Address of SURETY) (Phone No. of SURETY) hereinafter called Surety, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Six Million Nine Hundred Thousand DOLLARS ($ 6.900.000.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating 1M ; erj and as t h Agree ment be amended from 'me -to -time) with the OWNER, dated the c �A' day of `-�(� a copy of which may be hereto attached, but, in any event, is main'Cained in the records of the e OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: WTP No. 2 Disinfection By- Product Compliance Improvements (IFB 12/13 -05) (Name of Project) (Contract No.) The Project is briefly described as: The construction of the WTP No. 2 Disinfection By- Product Compliance Improvements, November 2012 Payment Bond City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00610 -2 CPH Job No. S06118 including but not limited to Ozone equipment and associated facilities, GAC equipment and associated facilities, Tanks, Pump stations, Site Improvements, Telemetry, restoration, service power to new control panel including all labor, materials, dewaterinq, and appurtenances necessary for a complete installation. The Project is located at: 3100 Orlando Drive, Sanford Florida, 32771 The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the CONTRACTOR with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his or her labor, materials, or supplies shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the 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 rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the CONTRACTOR or the SURETY on the bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to November 2012 Payment Bond City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00610 -3 CPH Job No. S06118 the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such docume ts. IN WINE HEREOF � this instrument is executed this the �4 day da of G.A S � . ATTEST: CONT TOR Sint uthority �` l / t" /�" a v • N - q TOR Attes ing Authority CONTRACTOR gnatory Authority a � S. p'ur1eji Peter C. Vogel, President and CEO "' i ` MO ypeef No r :: ' Typed Name and Title ott r 4 1 IF -.. ; ". .•• i 2720 Drane Field Rd. •, ,''* s R ORA SEAL) Address ',,'0 «a '" "t le > L I Lakeland, FL 33811 " f ' iti t ,S-to • TRACTO° City, State, Zip M �1 ♦ f }4e+ D. Leigh Wagner 863 - 646 -5078 863 - 644 -5107 Typed Name Telephone No. Facsimile No. ATTEST' SURETY Travelers Casualty and Surety J >- �7' Company of America ..• �j (SURE ) y SURETY • November 2012 Payment Bond City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00610 -4 CPH Job No. S06118 Jill Wendt 860 - 277 -0111 860-27 2 , 11,, i ts Typed Name Telephone No Fae 1 '';. .,„ Bpi, (CORPORATE SEAL) x • Q -VV% By. ' I �L _I 1 1 �r � 1 • �I t. Witness as to S ETY Attorney -in -Fact «l • • $14, o . :' vi-001% Amy Shaver Bradley S. Babcock t ; • Typed Name Typed Name W70N455 Cedar Pointe Ave. :; Witnes as to SURETY Address Cynthia A. Gross Cedarburg, WI 53012 Typed Name City, State, Zip 262 - 853 - 4622 262 - 546 -0708 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION i November 2012 Payment Bond L WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �A► POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225943 Certificate No. 0 0 5 3 0 9 0 4 6 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 Bradley S. Babcock, Becky A. Heaston, and Kimberly L. Babcock of the City of Cedarhnrg , State of Wisconsin , 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 18th day of December 2012 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 ' �.��TVV I.Uq _ppn.. ♦ ` . 1'l l i �., ��FtRE 4y,, *M iM .: +' ... � p �tY Aft Y r C• ♦ J O . } P.......... 9 11 �P� y � t 'w0 ,(, q L .�' ♦ .I Q.,i ' : ; l V J.: . . t . , 9 L C D ! b qr�W" 5 � s „ z r o,4„D ^ .: t: Y J ORFORA m i W . ' P PPORg TE ::°,n 9 � ri NNE, O t 1977 A": f i - R- :° t 2 HARTFORD, RAFiIFORD, fl E 1951 : t� � I�i SEAL.4 N o �. / �y ""r:cr"'� + A S � l ,yv s, kA „ c ° } , : �aa D d 4 a = f � 4 .0140. State of Connecticut By: City of Hartford ss. Robert L. Raney, en ior Vice President On this the 18th day of De 2012 , 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. G � _- In Witness Whereof, I hereunto set my hand and official seal. W wr C . ���� My Commission expires the 30th day of June, 2016. * UG * ` Marie C. Tetreault, Notary Public .s 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 , 20 Kevin E. Hughes, Assistant Sec Mary G ASU A � 1' � F \AE N �N „• NS"'.,, tYq ° Y O • ` ` y J 4b 'P9 Uq k ° J pl N 0 1 1 , f a It1� 2 o a as a� �r� � nP0 ... ; (♦`� .. ...........q . � . s G [\ �� 7 6 ' C1 m �r 0 RATS IQ' RPORA .�: 9 19 2 � 0 '� 1977 �Ra,ED -: � ar, m; - i' °0 _._ T f '� �' a MAMMAS) S � e I " Y 'c 1951 ./'' �`•SEALIns �: 'oi CONN. ° N 18911 (i 0 D NY Of "M,�,m ^n om` w :..:w +v '►. . . * e \ 6 A � + AN l • 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 r WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4■ POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225943 Certificate No. 0 0 5 3 0 9 0 `t 7 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 Bradley S. Babcock, Becky A. Heaston, and Kimberly L. Babcock of the City of Cedarhurg , State of Wisconsin , their true and lawful Attomey(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 18th day of December 2012 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 Y G� y � � ' ���.`'' `. �F�RE 6 0, 7_,Z ` ' t N S� ti 4 Tv Arya .. *441). Y 2 (�L V - N ' ; QO\ '.' G J P .M - A9 t cJP` S � � ' O yP 'YJ W G P$ rCpQ P O RA .. .; Q 4.: . ' 4 G 1 � . t U , i S 0 7� ` N RA % m ° �i F i . q II , ,o : a m � 1982 O 19/ / - 4 a g a E" - HARTFORD. f ! -. G � i� , 1951 ,�& -•EAL,c: 1 �; o W MIN' I 1 r� n �y r t1101./ . 1,# `'bl a � b a s, ■„ ��: �6: \<.i' SE AL D c o ` � ry . �`' ! 4 x � snN�F ° ts'p`N�a I a `y +° r �Ayl MO 6469 i li,., State of Connecticut By: City of Hartford ss. Robert L. Raney. enior Vice President 18th December 2012 On this the day of , , 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. f on \ AA AA ,. tt.. /� In Witness Whereof, I hereunto set my hand and official seal. • W u/" C . tiALCUARdk My Commission expires the 30th day of June, 2016. O A mmo * Marie C. Tetreault, Notary Public 58440 - 8 - 12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER T WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20 et' ( lr Kevin E. Hughes, Assistant Sec -tart' G s ``. I.y J FIRE ? :> Q,.N..�MSG9 f JPt I � �JPI A N 09 ym ky- O _4yl 4 f' � f C' O R PORA >'�i Qom', y � k 4 ^ G9 ,� 0p - _ ".i y � Y ��0 d ' 2 0 NCDnFD!IA1 'j x 6 ; W f FPORA ` w / D, 1982 0 1977 lD .. tb.N m ; t W ' °0 _._ c . s �v +a[c a % 1 �� � SEA[., n ••• s 6 3f: n a HARTFORD < � CO N N . o COf 2 i 8 �! q b d A N �� .. .... '� 7 A111 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