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HomeMy WebLinkAboutCity of Tamarac Resolution (197)Temp. Reso. #9819 June 10, 2002 1 Revision #1, June 28, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-197 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE AND PAYMENT BOND IN THE FORM OF SURETY BOND #023SB103510599 FROM TRAVELERS CASUALTY AND SURETY. COMPANY OF AMERICA IN THE AMOUNT OF $867,786.00, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $207,657.20 FOR THE WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY OCEAN BAY CONSTRUCTION, INC., FOR THE TAMARAC EAST UTILIITES UPGRADE - PHASE I PROJECT LOCATED WITHIN TAMARAC LAKES SECTIONS 1 & 2, 1751 NW 451h COURT, TAMARAC, FLORIDA 33309; AUTHORIZING THE CITY CLERK TO RELEASE SURETY BOND #023SB103510599; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ocean Bay Construction, Inc., has completed construction of the Water Distribution and Sanitary Sewer Collection System Improvements for the Tamarac East Utilities Upgrade - Phase I Project; and WHEREAS, the terms of Section 10-156 of the City Code, requires Ocean Bay Construction, Inc., to provide a one-year Warranty Bond to the City of Tamarac for the Water Distribution and Sanitary Sewer Collection System Improvements installed for the Tamarac East Utilities Upgrade - Phase I located within Tamarac Lakes Sections 1 & 2, 1751 NW 45th Court, Tamarac, Florida, 33309 (a copy of which is attached hereto in map form as "Exhibit 1"); and Temp. Reso. #9819 June 10, 2002 2 Revision #1, June 28, 2002 WHEREAS, Ocean Bay Construction, Inc., has requested the release of a Public Improvement Performance and Payment Bond in the form of Surety Bond #023SB103510599 from Travelers Casualty and Surety Company of America in the amount of $867,786.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $207,657.20 to the City of Tamarac for the Water Distribution and Sanitary Sewer Collection System Improvements installed for the Tamarac East Utilities Upgrade — Phase I Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance and Payment Bond be released for the Tamarac East Utilities Upgrade - Phase I Project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to release the Public Improvement Performance and Payment Bond subject to the receipt of a Warranty Bond from Ocean Bay Construction, Inc., for the Water Distribution and Sanitary Sewer Collection System Improvements installed for the Tamarac East Utilities Upgrade — Phase Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Temp. Reso. #9819 June 10, 2002 3 Revision #1, June 28, 2002 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized and directed to release to the Utilities Department for return to Ocean Bay Construction, Inc., a Public Improvement Performance and Payment Bond in the form of Surety Bond #023SB103510599 in the amount of $867,786.00 to the City of Tamarac subject to the receipt and acceptance of a Warranty Bond in the amount of $207,657.20 for the Water Distribution and Sanitary Sewer Collection System Improvements installed for the Tamarac East Utilities Upgrade — Phase I Project located within Tamarac Lakes Sections 1 & 2, 1751 NW 45th Court, Tamarac, Florida, 33309 in accordance with Section 10-156 of the City Code. SECTION 3: The City Clerk is authorized to release Surety Bond #023SB103510599. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 SECTION 6: passage and adoption. Temp. Reso. #9819 June 10, 2002 4 Revision #1, June 28, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 10th day of July, 2002. MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. I T C H E Lr gt�K 14<FT CITY ATTORNEY JD/DM/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 1 .1 L, EXHIBIT • TEMP. RESO # 9819 MUNICIPAL PARKING LOT THE BOULEVARDS TAMARAC INDUSTRIAL inwL N x] PARK N (u a ST v N N cu 53 ST CAPORELLA PARK 52 ST 0, ill z 51 ST Q TEXACD u� a NQ -u FORT LAUDERDALE u UP OQ! oZ (❑ VJ V UNITED METHODIS m LAND SEC, 16 CHURCH n LOCATION Q TAMARAC LAKES (U SEC z SEC 1 NAT'L SAFETY 'CrOUNCIL '" 4g []AKLAND PA,,, / gc W > 45 Cr J WILDLIFE REFUGE TAMARAC EAST PHI -DU TAMARAC EAST UTILITIES UPGRADE — PHASE 1 PERFORMANCE AND PAYMENTS BOND RELEASE k. FORM PERFORMANCE. BOND Bond No. 023SB103510599 KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, ocEAN BAY CONSTRUCTION INC. , as Principal, hereinafter called CONTRACTOR, and,Travelers casualty and Surety Company o Ameri8S Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of 1 t u fired S'xty 5 ven * San Seven Dollars, ($ 867,786.00** ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: o1--03B awarded the day of 20____, with OWNER for TAM9RAC EAST UTILITIES UPGRADE PH&U 1 _ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20 ,for the Tamarac East Utilities Upgrade Phase 1 , within 150 calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses. damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and, 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. --c Exhibit "2" 11 .d Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this /.� -fJ_ day of 192k 20 O( WITNESSES: ecreta (AFFIX SEAL) Ocean Bay Constructions Inc. cipal B �esiderit (Signature and Title) —Ronald E. Penta, President (Type Name & Title signed above) • is 0 WITNESSES: As er Attached Power ,of Attorney Secretary (AFFIX SEAL) IN T E PRESENCE Travelers Casualty and Surety Com an America Surety BY, (Signature and itie) Warren M. Alter, Attorney In Fact (Type Name and Title sigred above) INSURAN E C MPANY: By: Agent an4Atoy-n-Fact Address: 5979_ N.W_ 151st Street, Suite 105 (Street) _ Miami Lakes FL 33014 (CitylState/Zip Code) Telephone No.:Q05.1822-7800 State of Florida _ County of Miami -Dade _ On this, the-/,, --dP�I-day of 200 /, before me. the undersigned Notary Public of the State of the foregoinc instrument was acknowledged by o� �A� _ E _ 17--(name of corporate officer)7D - _(title), of �STQ,J2e- d Al (narr,e of corporation), a z A (state of corporation) corporati n, on behalf of fh corporation. WITNESS my hand and official seal U L� � I . c ry Public, St to OT Printed, t N. o9pN� stf aJ58b� Public a P, omrE"b$t0dil8, 20D4 Pl ti, • • Bwd6d Tnru Nuury PuWk Un*Nwnlm ersonally nown to me, or OProduced identification: (Type of identification produced) ❑Did take an oath, or timid not take an oath r w r CERTIFICATE AS TO PRINCIPAL i, Nancy F. Penta , cerbfY that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that, who signed the Bond on behalf of the Principal, was then President of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (AFF;X SEAL) (Name of Corporation) 0 6M WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1 lth day of October 2000. ts OF CONN`EC nCUT TRAVELERS CASUALTY AND SURETY COMPANY OF A TRICA TRAVELERS CASUALTY AND SURETY COMPANY }SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD A. 'VY• Aho 0►.su�� �M�F��trrc� „� � � o•�`o n cc HAFiTFOFiC, 1987, 0 By � � • H�OF21, 1 � CONK,71 5t CDrly W r 5btrc ab W George W. Thompson Senior Vice President On this 1lth day of October, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY CONfPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. G�'Ter it '"LN My commission expires June 30, 2001 Notary Public 4*EC Marie C. Tetreault CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and -furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of 120 . y/�N�M1y LTY Ah� G'.,i u,q Fp9 SURt,- t J' �G �q,� f A. FD � �`7 h MUM I HARTFORC, ! x 1992 coNN. ` �i�� y�af J'�D did • ti� 0 By `/ J ivc du Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTYAN) NUKE IY Lul'yl A24 z Ur A.vi._r.rv%.:+ TRAVELERS CASUALTY AND SURETY COrYIPANY FARINUNGTON CASUALTY COi�ANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTOR.NEY(S)-LN-FACT 0 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANi Y OF AjtiIERICA, TRAVELERS CASUALTY AID SURETY COi1'IPA.NY and FA.IZ.MLNGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, of Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: 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. VOTED: 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 otTicers 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. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditi undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COINIPANY OF .kMERICA, TRAVELERS CASUALTY AND SURETY COM?A.NY and FAR-NILtiGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. • (5-00 Standard) COLLINSWORTH, ALTER., NIELSON, FOWLER & DOWLING, INC. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPL.LINCE WITH FLORIDA STATUTES 255.05 M W Bond No 023SB103510599 Contractor Name Ocean Bay Construction, Inc. Contractor Address 2200 N.W. 16th Street, Pompano Beach, FL 33069 Contractor Phone No. (954) 960-0130 Travelers Casualty and Surety Company of America Surety Company Surety Address One Tower Square, Hartford, CT 06183 Surety Phone No. (860) 277-0111 Owner Name The City of Tamarac Owner Address 7525 N.W. 88th Avenue, Tamarac, FL 33321-2401 Owner Phone Number (954) 724-2450 Obligee Name (If contracting entity is different N/A from the owner, the contracting public entity) Obligee Address N/A Obligee Phone No. N/A Contract No..( If Applicable) Bid No. 01-03B Project Name Tamarac East Utilities Upgrade Phase 1 Project Location Tamarac, FL Legal Description and Street Address N/A Description of Work Utilities Upgrade FRONT PAGE' All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that maw hp nr,nrinted fherenn. FORM PAYMENT BOND Bond No. 023SB103510599 KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, OCEAN BAY CONST, RUCTION INC. as Principal, hereinafter called CONTRACTORand, LTa�merica asua ty an urety Company as Surety, are bound to t E� City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of igfit Hundred sixty Seven Thousand Dollars (a 867,786 •no**) for the payment whereof CONTRAC 0 and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.; awarded the day of 20 , with OWNER for TAMARAC EAST UTILI-1-S which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except -a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non- payment. PB-1 E • 2.3 Any action Notice and Time Florida Statutes. under this Bond must be instituted in accordance with the Limitations provisions prescribed in Section 255.05(2), The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and han es do not affect thepSu ety's obl gatioformalities th sconnected with the Contract or the c g Signed and sealed this day of, 20 WITNESSES: Kcrelary� (AFFIX SEAL) WITNESSES: Asher Attached Power of Attorney Secretary (AFFIX SEAL) IN E PRESENCE OF; 9 Ocean Bay Construction, Inc.. Principal B President y _. (Signature and Title) (Type Name and Title signed above) Travelers Casualty and Surety Company of erica S ety By: .... (Signature and Titl Warren M. Alter, Attorney In Fact__ (Type Name and Title signed above) so-so) INSURAN CO FANY: Agent and Attorney -in -Fact Warren M. ' Alter Address: fig] N. d 51se St. ,__Suite 105 (Street) FL 3014 _ (City/State/Zip Code) Telephone No.: 305 _822--7800 State of- Florida County of $coward. On this, the 131 day of, APR 20 d /, before me, the undersigned Notary Public of the State of 0R-1 A ; the foregoing instrument was acknowledged by �Q ,��-�-i� (name of Corporate offi er),,�_ �� (title), of l u f 4� / 6&csre ,r2Q6 (name of corporation), a C A (state of corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal ry OM N P � EXPIRES: AP61 B.0 de cry ;X 9on"dThry Nobly Printed, typed or stamped name of Notary Public Exactly as commissioned Erfersor.ally known by me, or ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or Calad not take an oath CERTIFICATE AS TO PRINCIPAL I, 11a1e F . Pernta , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond: that Pnna1�-� Penta who signed the Bond on behalf of the Principal, was then Preslae�n" of said and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (AFFIX SEAL) Ocean Bay Construction, Inc. (Name of Corporation) SIR 11 9 TRAVELERS CASUALTY AND SURETY CONfPA:Xy OF ANIERICA TRAVELERS CASUALTY AND SURETY COMPANY • F,AR,VIINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND C:ERTMCATE OF AUTHORITY OF ATTORYEY(S)-Vi-FACT AID SURETY COMPANY F K,tiOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY :� O ANIERXCA, TRAVELERS CASUALTY AIND SURETY CONiPAIYY and FARMINGTON CASUALTY COWi ANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles I Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, of Miami Lakes, Florida, their true and lawful Attorrtey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recogruzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Anorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chat- Tian, 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. VOTED: 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. OTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional -idertakm- shall be valid and binding upon ithe 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 y S 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPAlYY OF MMERICA, TRAVELERS CASUALTY A.ND SURETY CONIPAINY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. • (3-00 Standard) .;N ' WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this I Ith day of October 2000. STATE OF CONNECTICUT ) SS- Hartford COUNTY OF HARTFORD I" „ o EtAFrrFORa V w NACONK , n z l 9 8 2 0 � COtJt f � � CDNN. # ;� � • ��D TRAVELERS CASUALTY AND SURETY COMPANY OF ANXRICA TRAVELERS CASUALTY AND SURETY COMPAT'Y FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 11th day of October, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault 0 I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. - Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of 120 F. ^STY ENO C""Uq k,.I�O SWIfI}. rJ �G ? G1q��fL 8 " ° 'S o g a".'owl c FIARTFORC. < 0 1982 O 1 W CO►m x� # By KoriM.Johanson Assistant Secretary, Bond •