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HomeMy WebLinkAboutPeterson Contractors, Inc.VILNkEek BOX A REINBECK, IOWA 50669-0155 ca\I 2.6l1 L.EvEs 1�E exrptelkic,t Coarzptc:r o. 908 Crrki ov lik)frrIEREte5t Li> : 03 331.dd0 a:46113 kUO 0016311MO &i13 QEZERSDH �DHZRAC�DRS AHC. BOX A REINBECK, IOWA 50669-0155 ui #15‘o T;g0a. 'F -v 2on LEv�i w CA-ni of W pR'EttlYO FORM OF BID OR PROPOSAL F.Y. 2017 LEVEE TREE CLEARING CEDAR RIVER (NORTHEAST) CONTRACT NO. 908 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2017 LEVEE TREE CLEANING - CEDAR RIVER (NORTHEAST), Contract No. 908, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: FORM OF BID CONTRACT NO. 908 Page 1 of 3 F.Y. 2016 LEVEE TREE CLEANING - CEDR RIVER (NORTHEAST) CONTRACT NO. 908 BID ITEM DESCRIPTION UNIT EST, QTY. UNIT BID .. PRICE TOTAL. BID PRICE 1 MOBILIZATION LS 1,000 $ 'i ,n l 0- $ x5106 -0a 2 CLEARING AND GRUBBING UNIT 1,958,10 $ 15, $ /WIc 3 CLEARING AND GRUBBING ACRE 3,870 $ 400C -1D, $ /5q, &i, 4 SEEDING, FERTILIZING AND MULCHING ACRE 3.870 $ 36600. $ a5q5- -, 5 TRAFFIC CONTROL LS 1.000 $ /C/o , $ 7O,y TOTAL BID $ L'''` ),,,;6,`,`(- 01.. ,� -SlA FORM OF BID CONTRACT NO. 908 Page 1 of 3 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of t i ;� �2 � i� , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ✓ ), or Non -Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. FORM OF BID CONTRACT NO. 908 Page 2 of 3 The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be. changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. BY: city r. 6 rtC . 1616) 12616 (Name of Bidder) (Date) Title t S r7✓Yi/f r K_ Official Address: (Including Zip Code): io14 14ne10+AWic . roll FC ; �AEatideet I.R.S. No. y. - (/1 j7/e.o,sq FORM OF BID CONTRACT NO. 908 Page 3 of 3 BID BOND KN W ALL MEN BY THESE PRESENTS, that we, al, and as Surety a held and firmly bound unto the CITY OF WATERLOO Iowa, hereinafte called "OWNER" In th:.enal sum Dollars ($ lawful money of the United States, for e payment of which sum will and my be made, we bind ourselves, our heirs, - ecutors, administrators, and successors, jointly and se -rally, firmly by these presents. The conditiof this obligation is such that whereas the Principal has su itted the accompanying bid dated the day of 20 for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the .Iternate, (b) If said Bid shall be accepted and the Pri cipal shall exec.te and deliver a contract in the form specified and shall furnish a bond for his faithful perfo ance of s. d contract, and for the payment of all persons performing labor or furnishing materials in con action the ewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the s `e shall remain in force and effect; it being expressly understood and agreed that the liability of the S ety .r any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as h: ein stat_ •. By virtue of statutory authority, the full amo t of this bid bo shall be forfeited to the Owner in liquidation of damages sustained in the event that the •rincipal fails to ecute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, here stipulates and agrees that he obligations of said Surety and its bond shall be in no way impaired or a cted by any extension of the ' e within which the Owner may accept such Bid or execute such contra , and said Surety does hereby wai - notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto -et their hands and seals, and such of them as are corporation ave caused their corporate seals to be her- .. affixed and these presents to be signed by their proper offi. ers this day of A. r 201 Witness Wit ess By (Seal) Principal (Sea Surety By Attorney-in-fact (Title) NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of -1-c743 A ) County of —RCA( 0} -Au ) P1+r F- .al being first duly sworn, deposes andel says that: 1. He is (Owner, Partner, Officer,43epresenttat v l or Agent) of i r re L,Ys-A1 (5710 ,i -c tS rive__ the Bidder that has submitted the attached Bid; )ss 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; - 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) �' ��} nn /" q/ Title Subscribed and sworn to before me this 5*4' day of bLE 20112. \ q () ,�C'��` �n,�A VQwQ �c�L oce Seeve{-0Lr Title My commission expires —kun �`l, �b lC( . ' commission Mycommissi•1 e June 7,_2019 L 6 RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non -federal -aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Non -Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 CONTRACT NO: —r PROJECT NAME: FY 2017 LEviF if E ecefrklig, DATE OF LETTING: /p/'(rPP%) RESIDENT BIDDER CERTIFICATION 9os To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME CORPORATE OFFICER TITLE 'fro DATE 45 17 ,i NON-RESIDENT BIDDER CERTIFICATION CO. ' RACT NO.: PROJE NAME: DATE OF LING: I hereby certify that I am -n Iowa non-resident bidder. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESID - CY: Stated below are the •- eference(s) to resident bidders in the tate/country of (Preference to bidde , labor force, or other preferential treatm= nt to bidders or laborers, etc. MBE/WBE BUSINESS ENTERPRISE �}/� n PRE-BID CONTACT INFORMATION FORM /• � Prime Contractor Name: j 1TERYrnl l sicrra,Rc-7m` ��1c' . Project: fl ati LEVF,; —gee (-Lgi*0.26Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: .65776eW7V)C./p�✓% Date: sac° SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBENVBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBEIWBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted E -o A SEXY lGlf4. v S j% 7 f £S � , 6;16 (Form CCO-4) Rev. 06-20-02 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBENVBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBENVBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List) If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBENVBE contact not on the City's MBENVBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBENVBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBENVBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" on why the MBENVBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBENVBE did not bid, withdrew bid or was non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBENVBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBENVBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 OW BONO KNC)W ALL MEN BY THESE PRESEN FB>, that we, Peterson Contractors,. Inc. as principal, and Travelers Casualty and Surety, Company of America as Surety are hold and tionty bound into the (AT.? Cl-Wf,;l: [ t f.fiC;..-.. loEs!;;I, hereinafter inafter celled .in the penal sum Five Percent of Amount Bid _._.......----_,.-_...,...,._..,....-.-_--.-- Dollars ($. 5%._.-_. _. } laevfnl money or The United Statez, ;or the payment of which sum will and truly be made, we bind ourselves, our hers, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submj�td the accompanying bid dated the 6th day of _October �. M 20 , for FY 2017 Levee Tree Clearing Cedar River (Northeas9, Contract N. 90 o8_. Waterloo.L �.�._....,..,,,,.,...., NOW, THEREFORE, (a) if said Bid shall be rejected, or In the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified • and shall furnish a bond for his faithful perforrnance of said contract, and for the payment of all persons performing labor or furnishing ttaalerials in connection therewith, and shall to all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the sante shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, In no event, exceed the penal amount of this obligation as herein stated. t3y virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner In liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Did or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and tho Surely, have hereunto set their hands and seats, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 21st day of September , A.D. 2016 . By Travelers C Pgjei=s�t.Contractors, Inc rincipal ally and S ety Company of America seal Witness Dione R. Yo ng Attorney-in-fact Anne Crowner IWW KERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 Attorney -In Fact No. 226103 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006798398 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 Craig E. Hansen, Jay D. Freiermuth, Brian M. Deimerly, Cindy Bennett, Anne Crowner, Tim McCulloh, Stacy Venn, Lacey Cramblit, Shirley S. Bartenhagen, and Dione R. Young of the City of West Des Moines , State of Iowa , 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 wiitings 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 17th day of May 2016 State of Connecticut City of Hartford ss. 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 United States Fidelity and Guaranty Company , \ S gP aroRPO44pett)W:,.0 6."Rr -:% S . co i _,m Zi -.. :, : -,...SEALrl t%SEAL. i` 13, ,,, tom,,.;...'°" By: Robert L. Raney, Senior Vice President On this the 17th day of May 2016 , 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. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. C. Marie C. Tetreault, Notary Public 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. Pard 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 Chaiman, 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 Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Pard 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 21St day of Se ptember Kevin E. Hughes, Assistant Secy` to 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 -nand individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER