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HomeMy WebLinkAbout2014-244 CONT Addendum Request - Taurus Power & Controls Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER E MAIN 7/18/2014 12380 20 ST. ASHL LAND, OR 97520 (541) 488-5300 VENDOR: 018686 SHIP TO: Ashland Public Works TAURUS POWER & CONTROLS, INC (541) 488-5587 9999 SW AVERY STREET 51 WINBURN WAY TUALATIN, OR 97062 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Morgan Wavman Special Inst: Confirming? No Quantity Unit Description Unit. Price Ext. Price THIS IS A REVISED PURCHASE ORDER TAP: Talent and Regional Pump Station 81,365.00 Upqrades: Electrical and Control Improvements Public Improvement Contract & Technical Specifications Public Works Construction - TAP Emerqencv Intertie Project Effective date: (Blank) Completion date: Auqust 8, 2014 Processed change order 09/0312014 29,240.00 The amount of the contract is actually $110,605.00, not $81,365.00 per the attached documentation. SUBTOTAL 110 605.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 110,605.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 E 200808.120 110,605.00 Authorized i ure VENDOR COPY FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM Request for a Change Order PASHLAND Name of Supplier / Taurus Power & Controls Total amount of this contract amendment: Purchase Order Number:12380 Description: TAP - Talent Pumps; Upgrades - Electrical Controls - Contract price adjustment `$29,240.00 ® Per attached contract amendment Contract Amendment Original contract amount $81,365.00 100 % of original contract Total amount of previous contract amendments % of original contract Amount of this contract amendment $29,240.00 35.94 % of original contract TOTAL AMOUNT OF CONTRACT $110,605.00 135.94 % of original contract In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract. Contract amendment is within the scope of procurement: YES X Sourcing. Method: SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments :5 $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires 25% of original contract amount or $250,000 cumulative amendments $100K for Goods & Services, Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. PERSONAL SERVICES Communication. ❑ Exempt-Reason: ❑ "YES", Direct appointment:5 $35,000 ❑ Exempt- Reason: ❑ If "NO", requires approval. INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - $5,000 to $100,000 ❑ "YES', the total amount of cumulative amendments ® Written Findings: Document the nature of the Personal Services - $5,000 to $75,000 s 25% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator approval. Attach copy of Council Communication, Communication. ❑ If applicable, attach copy of Council Communication ❑ Exempt- Reason: El Exempt=Reason: El Exempt -Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council. within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date) Procurement. If "NO", Council approval is required. Attach copy of Council Communication. ❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator. Attach co of Council Communication. Project Number: 2008-08 Account Number: 670.08.15.00.704200 *Expenditure must be charged tot appropriate acc numbers for the financials to reflect the actual expenditures accurately. Attach ra pages if needed. Employee Signature: Department Head Sig otalamoun.o_contract- 5,000) City Administrator: - (Equal to greateP $2 000 or 10%) Funds appropriated for current fiscal year. 1Q / NO Finance Director (Equal to or aterthan $5,000) Da Comments. Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 8/28/2014 CITY OF FORM #13 ASHLAND EMERGENCY PROCUREMENT CONTRACT AMENDMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught Date: 7-16-2014 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: This procurement is related to the serious potential water shortages with respect to the City of Ashland's watershed. Jackson County has declared a drought emergency and the Ashland City Council has approved the Talent Ashland Phoenix (TAP intertie) waterline as an emergency project in order to meet user water needs late in the season. The emergency condition was declared due to record level low snowpack this season in Ashland's watershed. In order to offset potential severe water shortages for the community procurement of specific items is required to meet the timeline associated with when these water shortages could occur. The City of Ashland's consultant engineer for the emergency TAP Intertie Project, R112, determined that modifications to the electrical and control systems at the City of Talent and Regional Pump Stations are required to provide an adequate supply of water to the City of Ashland through the TAP intertie to avert a water shortage this summer. These modifications need to be procured in an expedited manner and so they can be completed in the time needed. It is recommended that construction of these modification be performed by Taurus Power and Controls, Inc. (Taurus) as having been determined to be the most qualified and can complete the work in the required time period. Document solicitation process: The City's consultant engineer, RH2, subcontracted with Taurus to design the required modifications. This firm was the original controls integrator for the Regional Pump Station and the City of Phoenix and City of Talent water.pump stations for the TAP project in the early 2000's. Consequently, this firm was selected to perform both the design and construct the improvements as no other firm has the experience and control system programming code to design and construct the needed modifications. A cost proposal was received by Taurus to construct the required modifications. The electrical work is being subcontracted to a local electrical company and the control modifications and programming (control integration) will be done by Taurus. Both of these elements o work must be performed in close coordination to keep both systems in operation while the work is being done. Amount of Original Emergency Contract: $81,365.00 Amount of Modified Emergency Contract: $ 29,240.00 Amount of Total Emergency Contract: $110, 605.00 Written Order Emergency Procure t-is being author4ed by the City Administrator as specified by this written order. Authorized by: - ~ Date: ' Form #13 - Emergency Procurement - Written Findings and Request for Approval, Page 1 of 2, 8/28/2014 City Administrator/ Public Contracting Officer Report Emergency Procurement to the City Council: Yes / No The nature of the emergency was documented and approved by Council at the February 18, 2014 meeting. Emergency construction of the TAP line was documented and approved by Council at the April 22, 2014 meeting. The City Administrator has been granted signatory authority by the Council for procurement of personal services and goods and services over $100,000 by the City Council. Form #13 - Emergency Procurement - Written Findings and Request for Approval, Page 2 of 2, 8/28/2014 t i 3. Statement of Work The work under this contract is for TAP Emergency Interne Project -Talent and Regional PLin Station Electrical and Control Improvements including the up,grade of the existing electrical and control systems and - rogrammfng required to increase the operational capacity o the Re ional and Talent Booster Pump Stations to provide emergency supply to the City of Ashland and as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this TAP Emergency Intertie Project - Talent and Regional Pump Station Electrical and Control Improvements for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work-on this contract. The risk of loss for such work shall not shift to the City until written acceptance. of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed: Eighty One Thousand Three Hundred Sixty Five Dollars ($81,365.00) for accomplishing. the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City and Funding Agency. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required b'y this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please tint): I A Q" -?o c, r-di r G r)- I-a L. Contact Name: J air G E,t U E ll Phone: S a3 tolI-Ao 9 7/15/1411:09 ADS Z:\Bothdl\Datx\COA\1014-033\Speca\Tauns - FJectdcd and Control\Put I Conmtt Documents - Talent R40na1 BPS Contml and Mmtdal Upgmlu(Rl).doc 0 2014 RHZ Engineering, Inc . Address: Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License # Construction Contractors Board # 7 9 Citizenship: Nonresident alien Yes No Business Designation (check one): Individual Sole Proprietorship Partnership _ Corporation Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. 1, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through I together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below; and the separately bound Oregon 2012 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2012 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited fiom entering into a contract when the contractor has neglected or refused. to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. Signed by Contractor- -ls- o i Signature/Title Date Printed Name: ~ es ~ G E [G EL NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: \ -4 Xit ~ t7 , 7 uti~ d D Ate - Authorized by Ordinance 3.013 and Delegation Order dated .dune 22: 49.19 sy/s~ X91 z°/ a Coding:(_ Reviewed: RM 7171 d As;:t. C:ty •.tterRS;y 10 7/15/1411:09 AM MBothd1\Dsta\CO 1014-033\Specs\Tku - Electrical wd ControlWa tI Contract Documents - Talent Regional BPS Contw1=dE1cctdca1Up dc 0 2014RH213ngia-dj PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND Hartford, Connecticut 06183 (Public Work) Bond No.: 106104095 KNOW ALL BY THESE PRESENTS, That we, Taurus Power and Controls, Inc., as Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto City of Ashland, Oregon, as Obligee, in the sum of One Hundred Ten Thousand Six Hundred Five and 00/100 Dollars ($110,605.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee dated July j 2014 for TAP Emergency Intertie Project - Talent and Regional Pump Station Electrical and Control Improvements, Project No. 2008-08 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall perform the Construction Work to be done under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the Construction Work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased Performance Bond - Page 1 of 2 performing the Construction Work under the Contract, excluding warranty work. If this bond is provided to comply with bond statutes in the location where the Construction Work is being performed, and the bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work. 6. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 7. This bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for the use of any person or entity other than the named Obligee. 8. This bond is provided to comply with applicable statutory or other legal requirement for performing construction contracts for public owners in the location where the Construction Work is being performed. Except as provided in paragraph 5 above, all provisions in the bond which are in addition to or differ from applicable statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed this 1 bw, day of July, 2014. Taurus Power and Controls, Inc. (Principal) By: Ad[ 6 < TZ_ Travelers Casualty and Surety Company of America By: Kehneh J. Frick, Attorney-in-Fact OR Lic. #1281122 CS-1015-0905 Performance Bond - Page 2 of 2 PAYMENT BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Public Work) Hartford, Connecticut 06183 Bond No.: 106104095 KNOW ALL BY THESE PRESENTS, That we, Taurus Power and Controls, Inc., as Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto City of Ashland, Oregon, as Obligee, in the sum of One Hundred Ten Thousand Six Hundred Five and 00/100 U.S. Dollars ($110,605.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee, dated July _ G , 2014, for TAP Emergency Intertie Project - Talent and Regional Pump Station Electrical and Control Improvements, Project No. 2008-08 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or incorporated in the performance of the construction work to be performed under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. Payment Bond - Page 1 of 2 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 5. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraph 3 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this day of July, 2014. Taurus Power and Controls, Inc. (Principal) By: 34 . Travelers Casualty and Surety Company of America By: Kenneth J. Frick, Attorney-in-Fact OR Lic. #128222 CS-1011-0905 Payment Bond - Page 2 of 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS J 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. 226181 Certificate No. 005972321 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 Donna S. Martinez, Kenneth J. Frick, Alex B. Hodge, Rodney C. Lewis, and Lori McKimmy of the City of Yakima , State of Washington 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 7th day of July 2014 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 T GASU,~+~ TY JyF\RE•6 ~y$4 t`fN jNS .~•+•'.'.NSU"w,. Jp,.TV ANp tla EI1AA Y?+'Y~ ~5 lei c~ ' WCaIPOItATED T jt@OP POR~~f~m IW~:G~pPORATf C1% 1 9 8 2 0 1977 = : S f F : . n . a HARTFORD < tuRtFaR0. < 1 L 1 n' • w CORN. 1896 -I eN'- 195 ~ = SEAL.'o? e ? codN. ° ~ /R o,~O~ SBAL,.!1 0 Shy. d 1•~ ~~y~s~NCe c° df......_ra1:r °v...... do s +si er f State of Connecticut By: City of Hartford ss. Robert L. Raney, enior Vice President On this the 7th day of July 2014 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. 0•T~ l' In Witness Whereof, I hereunto set my hand and official seal. ' TAT W wr li • ~~Vn~M My Commission expires the 30th day of June, 2016. Al/BL~G * Marie C. Tetreault, Notary Public 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. 1, 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 July 20 14. i~` Kevin E. Hughes, Assistant Sectary81f.L,0, ~ coru+. ° cow+. 8 N 898 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