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HomeMy WebLinkAboutContract 36147 City Secretary Contract No. SECOND AGREEMENT TO RENEW CITY SECRETARY CONTRACT NO. 32865 ANNUAL CITYWIDE LARGE DIAMETER SEWER CLEANING CONTRACT This Second Renewal Agreement("Agreement")is made and entered into by and between the City of Fort Worth, Texas, a home rule municipal corporation situated in Tarrant,Denton,Parker, and Wise Counties, Texas ("City"), acting by and through Marc Ott, its duly authorized Assistant City Manager, and Ace Pipe Cleaning, Inc. ("Ace") acting by and through its duly authorized representative. City and Ace may be referred to herein individually as a"Party", or collectively as the "Parties". Recitals The following statements are true and correct and form the basis of this Agreement: A. On October 11, 2005, via M&C C-21082, City Council authorized a contract with Ace for Citywide large diameter sewer cleaning services, City Secretary Contract No. 32865 (the "Contract"). B. The Contract contains three one-year renewal options under which the Contract may be renewed under the sane terms, conditions, and unit prices. C. The City Council authorized execution of this Agreement via M&C C-22426 on October 2, 2007. Agreement In consideration of the mutual covenants, promises and obligations contained herein, the Parties agree as follows: 1. The Contract is hereby renewed and extended for the second one-year renewal period under the same terms, conditions, and unit prices, commencing on October 2, 2007. 2. M&C C-22426 reflects the appropriation of$219,960 for the services to be rendered under this Agreement. 3. All other terms and conditions of the Contract shall remain in full force and effect. City of Fort Worth&Ace Pipe Cleaning Inc. 2nd Renewal Agreement Page 1 of ORIGINAL �IN WITNESS WHEREOF, the parti::s have executed this on this jO day oI)}c, 2007. ATTEST: CITY OF T WORTH City Secretary 0 Marc A. Ott Assistant City Manager Recommended: Contra c ut:hor , zaatio� -� D Frank Crumb,Director Water Department i as to�d Legality: r sey ity Attorney Ace Pipe Cleaning, Inc. B Bruce Jameson Regional Manager City of Fort Worth&Ace Pipe Cleaning Inc. 2nd Renewal Agreement Page 2of2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/2/2007 DATE: Tuesday, October 02, 2007 LOG NAME: 60ACE PIPE REFERENCE NO.: **C-22426 SUBJECT: Authorize Execution of the Second Renewal of an Annual Contract with Ace Pipe Cleaning, Inc., for the Fort Worth City-wide Large Diameter Sewer Cleaning Contract RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the second renewal of an annual contract with Ace Pipe Cleaning, Inc., in the amount of $219,960 for the Fort Worth Citywide Large Diameter Sewer Cleaning Contract. DISCUSSION: On October 11, 2005, (M&C C-21082) the City Council authorized the City Manager to execute a contract with Ace Pipe Cleaning, Inc., in the amount of $219,960. This contract allowed for up to three annual renewals. The purpose of this Mayor & Council Communication is to exercise the second one-year renewal option. All terms, conditions, and unit prices contained in the original contract are applicable. The Citywide Large Diameter Sewer Cleaning Contract includes the cleaning and inspection of various diameter sanitary sewers located citywide. This project is an integral part of the Fort Worth Wastewater Program to eliminate and prevent sanitary sewer overflows and bypasses in the wastewater collection system, and to comply with the SSO Initiative by the Texas Commission on Environmental Quality. This project is located in ALL COUNCIL DISTRICTS. Ace Pipe Cleaning, Inc., is in compliance with the City's M/WBE Ordinance by committing to 11 percent M/WBE participation. The City's goal on this project is 10 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. TO_Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0707015 $219,960.00 Submitted for City Manager's Office by� Marc A. Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: David Cooper (8252) Logname: 60ACE PIPE Page 1 of 1 Bond No. 10461'2379 MFQRWCE BQb TTIE STATE OF TEXAS COUNi'Y OF TAitMW KNOW ALL IV2N13Y'1MEPRES Thstwo(I) _Ace Pipe Cleaning, Inc. a(2) corporation 6f Foot Worth, TX I a],end(3) Travelers Casuals and Surety Company of America, a corporation,organized and existing render the laws of the Stat4 CT and fully authorized to uansact business is the State of Texas, as Surety, are hold and firmly boned unto ft City of Port Worth, a uamicipal corporation organized and existing under d= laws of the State of Texas, h=&aft.called Owner, in the ptnal sum of, Two Hundred Nineteen Thousand Nine Hundred Sixty and 00/100 IS 219,960.00 Dol]atg in Ia.wN money of the United States,to be paid in Fort Worib,Tarrant County,Tau,for the pay=ml of which,sum well=d w4y bo made,we hereby bind ourselves, our heirs, cxecuross, administrators and successors, jointly and severally,fumly by thrse"eats. UM OONDMON OP TIES 0BLIGA110)i is such that Whereas, the Principal entered into a certain contract with the City of Fort'Arorth,,the Owner,dated the th day of. A.D.2005,a copy of which is 'hereto attached and made a part hereof,for the coast action of- Fort Srth CatWdb Largp D11metet'$cwar Cleating Contract 1005 dtsigoatad w Project No.(s) PE4570701539120, a copy of which contract is hereby attached, referred to,and mado a part hereof as t'+,tily gad to tho m=extort as if copied at length hprtin,such project and tonstsuction being hzroitn r&1red to As the"wow% NOW Tf11, EFORE,it tb&Principal shall well,,truly,and faithfully perform the work in accordance with the plans,Specifications,end Contract doctumncs d=ng the oriimal torm thereof,and any extensions thereof winch may b't granted by the Oww.r,with or without notice to the Surety,And if he shall satisfy all cIt =and demands incumd under such rontraet,and shall fully indemnity and save hamA ms the Owner from all casts and damages which it may suffer by rdason of failure to do SO, and shall reimburse and repay the Owner all outlay and cxpease which the Ovvmr may incur in making good Amy default,then this obligation shall be void;otherwise to remain in full for'cc and effect~ F-1' r PROVIDED FUR ,tut If turp Ieg1I action Med"a tlos band.ve=64 Ile in Tat =Comfy, Stato afTw=. AND PROYMED FMTSER,that fho Said.Surely,for value 1rrdved,hereby stipulates and agr=tlmt no nh=p, extcasion of time, altcmdou or addition to dw te= of ft ea&aot or to the work to t* pcdotmed thereunder or fhc spoc6calionc arcon; ►nyii4i;110 anme sball'in any wise affect Its obUga6 a on this bond,and it does bexeby waive notice of any loch change,G7t mion of time,alter4on.or addition to the temps of Idm contract or to the wMt or to the spocM atious. IN WITNESS WURMF,ft illsfimaent is executed in 6 cockparts each one of which dL4U be deemtd ttu otigi=L this fhe 23rd day of October A3].. 2007 ATItiST: Ace Pipe Cleaning, Inc. ItINC1P - (Ptiacipel)Secretary BY: 1509 ylvanla Ct. _ (SEAL) Fort Worth, 7X 76111 Travelers Casualty and Surety Company of America witmess Surety A};TFST. Brenda D. Hockberger, Attorney-In-Fact 215 Shuman Blvd., Naperville, IL 60563 (Surety)Se=tuy (Addtass) NOM Data of Bond must not be prior to daft of (SEAT,) Cote mrlt (1) ComatName of Contractor (2) A Corporation, a PaMtrsbip or w Individual,as cast may be (3) Correct name of Svrcty I (4) If Contractor is Partgership all Pov=rs should exccure Bond Witness as t urcty (5) A true copy of Poorer of Attorney shall be Gina M. Damato attached to Bond byAttomey-i-a-Fact., �Addrtss) 215 Shuman Blvd., Naperville, fL 60563 TRAVELERSJ IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty& Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. WARNING:THIS POWER OF ATTORNEY IS INVALI WrTHOUT THE R D BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboatrd Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218845 Certificate No.O 017 2 4 2 J 3 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Pa 1 Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Fasualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws:of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a Corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Dwight F.Miller,Janice B.Kaplan,Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Barbara J.Bailey, Cindy Genslinger,Gina M.Damato,Thomas A.Pictor,Erik Janssens,Jane Bronson,Michael Damewood,Rosemary Muliere,Kathleen M. Anderso Vaenessa Sims,Luisa Catalano,Marva Miller,,Thomas N.Tague,Brenda D.Hockberger,Meredith Day,Sarah A.Bibo,Michael A.Clark,Carling Jewell,Tara S.Petersen,Todd D.Baraniak,Dale F.Poquette,Oscar F.Rincon,Heather Meyer,Patrick J.Brennan,Jr.,Jennifer Fortier,Moises Alcan James P.Fagan,Casey McCarthy,Dana Junk,Amar Patel,Heather J.Meneghetti,Lucy Samuel,Ann Mulder,John C.Redding,Steph Buckner, Phil Horvath,Grace Lawrence,and David Letcher State of ILLINOIS ounty of COO$ n this 23rd day of October , _Zau , before me personally appeared renda D. Hockber er , known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEAL OSCAR F.RINCON NOTARY PUBLIC-STATE OF ILLINOIS WotaPu:b1lifc) MY COMMISSIONEXPIRES AUG30,2008 --Z; OS �11 � tr() � '1-- ���F� �iGp0.POF9T�:,n � UI977 < " t9e= o � 192T �: � :�� f r-- _mot a HAHiFOrtD,G B Mt �0 *rrc ° b' � 7 ' vl.. a•.. a r ► I did. sr �fpp State of Connecticut By: City of Hartford ss. Georg Thompson,U-1 ice President On this the Sth day of July 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety 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,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.Trt T In Witness Whereof,I hereunto set my hand and official seal. ` TM My Commission expires the 30th day of June,2011. Z Marie C.Tetreault,Notary Public 58440-8-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARN 'THIS POWER Q—F-A7TORNEY 1 INVAL.Ip WITHOUT THE RED-BO—RDEA • r 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., Seaboard Surety 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,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 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,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety 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 t*Ameriqp%pnd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of,Attom"xllcdted 4 st;jd 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 :23rd day of C)ctthe 2007 Kori M.Johan Assistant Secretary G�SUA�? yr-..� SllilEly r6.. JpY',w4�gq...'r'',: VORAT�����°°"_.._ E`:of: 'o'Ef -.SE7LL-as.•... a'amNcc 1�.AN� 1r.........�� sf a�a 1 ;A Ald To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.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 Bond No. 104612379 ph ?30ND TIM STATE OF Tl3h'AS § OQUM OF TARR.A U § KNOW AIL h04BYTfIESEPRL MM- That wo (k) Ace Pipe Clcantng, 16c. a�2)corporetton Af-Fort Worth, TX heIp�f}� p�aL (3) Travelers Casualty and Surety Company of America a coltparanon orgadZed aa�(exfiang tinder&C Iaws of the SUIc of CT and fully authoritcd to transact busicess in the Stats of Tc=, as Surcty, are held and firmly bound unto the City of Fort 'Wort% a municipal _ corporation org=ized and ousting trrtder the laws of the State of Tema, hearinafler earned Owner, and unto all person,fry,and corpmdons who atay furnish materials,for or porform labor upon the building or improvements hercinaftrrIefe>'re8misthepcnnlmint01' Two Hundred N1neteen Thousand Nine Hundred Sixty and 00/100 {$ oo Dollars in lawfW money of the;United Statts,to be paid in port Worth,Turant County,Tew,for: the payment of which suns well and tfuly bt made,we hereby bind ourselves,our hears,executors,arlu&ditrators and sueeessors,jointly and stvmvdly,&mly to these prmeat- TFM CONDMON OF THIS OBLICa'ATION is such that Whereas, the principal entered into a coin contract with the City of fort Worth,the Owner,dated the_ _ day of _ Ate., 2005,a copy of which is bmto attached and made a part thertaf,for the construction of. Fort Wprrth C!IZde Largo DLimpfer UyMr Omni Cbnfract designated as project No.(z)M 707015539120,a copy of Web cwtzet is hereto 4ttached,referred to and Ynadt; a part hereof as fully and to tlu sit extent as if copied at kno herein,such project and construction balm hereinafter referred to rig it`waW'. NOW IIMPUOM, the condition, of this obligation is such that if the Principal shall promptly make paynftt to all claimants as defined iN Article 5160,Revisod Civil Statm-s of Texas,supplying labor and mulerials in the prosecution of the work provided for in said Contract, then fts obligation shall be null and void,otherwise it shall remain m full force and offcct THIS BOND IS MAVE AND ENTERED into solely for lfno protection of all claimants supplying labor and wecial in the prosecution of the work provided for in said Contract,as claimants are defined in said Article 5160, and all such claimants shell have a direct tight of action under the bond u provided in Article S 160 of the kcviscd Ci A Stawxts. P,3 PROVIDED FMTBE. that if any kgai action be filed upon this bond,v=m shall lie is Tattaat Cotmty. State of Tee, fltat Ike told Surety,for value roceived,hoteby zdpulntes nerd am=that no ch=ge, wwsitm,of time, alteration or addition to the t= of t6a contract or to the work to be ped mmtd thtremder or the 5pedficalxons— ropanying the tamo shall in any wisp affoct its obligation on ibis bond,sad it does hereby waive aofico of arty such cbzzgc,acb=zlon of tube, altmtioa ar addition to tip teems of the contract or to dz Work or to the 6peclfacaliow, PROVM D I;U ITZI,that no final sattloment betty=the 0wrior and the Contractor shall abridge the right of u W 15awftciary h=vmdet whlosb clalti hoary be unsatisfied IN WPr11FS5 WFI�RP,OF,this instrrilberyt is extwa�d is eotzntt rpatts m4 one of which shall be dse=d in origing this the 23rd day of October &D_,2007 Ace Pipe Cleaning, Inc. ATl'E _ PR}NC'IPAL (4) BY, (principal)Secretary 1509 Sy I van i a Ct. Fort Worth, TX 76111 (STAY.) (Address) Travelers Casualty and Surety Company of America VVituess as to principal Surety — — (Ad&M) ?�f j r 211 5h-u an B 1 vd Nape-Yll1.a-!L 6050 ATTEST: (Address) NOTE: Date of Dowd must not bo prior to date of _ Contract (Surety)Secretary — (SEAL) (1) CaaectNitnc ofC=tractor (1) A Corpormion, a Parr w or an lz&v ideal,"case may be (3) Correct aame of Suloty W itaess a5 to ety (4) If Contractor is Partnership all partners G I a M. Damato should mccute Bond (Address) (5) A true copy of Power of Attomcy shall be 215 Shuman B I vd., Naper v I I I o, IL 60563 aft?,chtd to Bored by Attomey in-Feet. F-4 * TOTAI pAGF . 24 WARNI -THIS POWEPI OF 911QRNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218845 Certificate No-0 01 1 2 4 Z J J KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Dwight F.Miller,Janice B.Kaplan,Carol F.Tasciotti,Evotme Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Barbara J.Bailey, Cindy Genslinger, Gina M.Damato,Thomas A.Pictor,Erik Janssens,Jane Bronson,Michael Damewood,Rosemary Muliere, Kathleen M. Anders Vaenessa Sims,Luisa Catalano,Marva Miller,,Thomas N.Tague,Brenda D.Hockberger,Meredith Day,Sarah A.Bibo,Michael A. Clark,Carlina - Jewell,Tara S.Petersen,Todd D.Baraniak,Dale F.Poquette,Oscar F.Rincon,Heather Meyer,Patrick J.Brennan,Jr.,Jennifer Fortier,Moises Alcan[ James P.Fagan,Casey McCarthy,Dana Junk,Amar Patel,Heather J.Meneghetti,Lucy Samuel,Ann Mulder,John C.Redding,Steph Buckner, Phil Horvath,Grace Lawrence,and David Letcher of the Citv of Nwcrvi11dCb=e _-- --Stare.of illinniR w�;-•. ^� — State of ILLINOIS County of COOK � o.��, before me personally appeared On this 23rd day of October Brenda D Hockberger , known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND BURET COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. hand and affixed my official seal the day and year in this certificate first written above. IN WITNESS WHEREOF,I have hereunto set my OFFICIAL SEAL OSCAR F.RINCON �T ' NOTARY PUBLIC-STATE OF ILLINOIS \" tary ub11C) MY COMMISSION EXPIRES AUG 30,2008 ---------------- State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the Sth day of July 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Se or Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety ompany,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,a ecuted the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0•T� In Witness Whereof,I hereunto set my hand and official seal. e'My Commission expires the 30th day of June,2011. �0!/BL�G �!y Marie C.Tetreault,Notary Public 58440-8-06 Printed�n U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: 1$POWER OFArMVINEY IS INV D pUT THE RE FAmerica, of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity' ty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, ardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of d 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,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety 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 Suretyl Company of Ameriga„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 AfCorngy executed bjy 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 91rd —day of Qeteb 20 per. r Kori M.Johans Assistant Secretary t �r,su,��� SUREry `F\RE6 �*Y-=MSG pt,�Juq �•��yo FMwpY _,{�'6� �2�98Z'6 i '�C y9 rrCOAsawtto �3 �927 Y ���P••R"F.�' zesR►°RAf�n � wwrwro, �wwrrac,R A CONN. o OONp. 696 oei;SEAL;p 6 �� �✓ g3rO~ ry� Fr �y *� `�OFNEW� $rewu „cE� djy; ••N,�al >1•. :•�+ N �e To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.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