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HomeMy WebLinkAboutCC Resolution 10998 (Freitas Pkwy. SB 101 Off-Ramp Signal Modifications)RESOLUTION NO. 10998 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR MANUEL T. FREITAS PARKWAY AND SB 101 OFF -RAMP SIGNAL MODIFICATIONS, PROJECT NO. 10676 (BID OPENING HELD ON TUESDAY, JANUARY 8, 2002), TO RICHARD A. HEAPS ELECTRICAL CONTRACTOR, INC. IN THE AMOUNT OF $89,556.00. WHEREAS, on the 7th day of December, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "MANUEL T. FREITAS PARKWAY AND SB 101 OFF -RAMP SIGNAL MODIFICATONS" PROJECT NO. 10676 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Richard A. Heaps Electrical Contractor, Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Richard A. Heaps Electrical Contractor, Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Richard A. Heaps Electrical Contractor, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Vice Mayor of said City be authorized and directed to execute a contract with Richard A. Heaps Electrical Contractor, Inc. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 22nd day of January, 2002, by the following vote, to wit: AYES: COUNCIL MEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Boro JEM 1NE M. LEONCINI, City Clerk File No.: 07.08.09 City of San Rafael • California Form of Contract Agreement for Manuel T. Freitas Parkway and SB 101 Off Ramp Signal Modification Project No. 10676 Federal No. CML -5043 (014) This Agreement is made and entered into this 22nd day of January, 2002 by and between the City of San Rafael (hereinafter called City) and Richard A. Heaps Electrical Contractor, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Manuel T. Freitas Parkway and SB 101 Off Ramp Siganl Modifictions, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the City to the Contractor to proceed. (b) Sixteen week lead time and 45 calender days thereafter. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of 500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. NO. ITEM 1. Traffic Control 2. Traffic Signal Modification QUANTITY UNITS TOTAL CONSTRUCTION COST LS @ UNIT PRICE 4,141.00 = TOTAL PRICE 4,141.00 LS @ 85 415.00 85,415.00 $89,556.00 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: ld?= M. Leoncini City Clerk APPItOary Oy c City Att CIT,YAN RAFAEL: ne Pa 111: Cohen - Vice Mayor URD A. PS ELECTRICAL ON TOR, C. MANE K. MEEHAN vARA SSMENT 'd= For File No: 07.08.09.03 PERFORMANCE B011141D TRAVELERS CASUALTY AND —URETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 005 SB 103721424 BCM PREMIUM: $645.00 KNOW ALL MEN BY THESE PRESENTS: That RICHARD A. HEAPS ELECTRICAL CONTRACTOR, INC., 8909 FLORIN ROAD, SACRAMENTO, CALIFORNIA 95829 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto CITY OF SAN RAFAEL 1400 FIFTH AVE. SAN RAFAEL, CALIFORNIA 94915-1560 (Here insert full name and address or legal title of Owner) as Obligee, hereafter called Owner, in the amount of EIGHTY NINE THOUSAND FIVE HUNDRED FIFTY SIX AND .00/100 Dollars ($89,556.00— ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated, JANUARY 22, 2002, entered into a contract with Owner for MANUEL T. FREITAS PARKWAY AND SB 101 OFF RAMP SIGNAL MODIFICATION PROJECT NUMBER: 10676 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. 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 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 22ND day of JANUARY,2002 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. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. 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 or the heirs, executors, administrators or successors of the Owner. RICHARD A. HEAPS ELECTRICAL CONTRACTORINC. ua ' 1(Principal) (Seal) (Witness) 1,P. J TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Josep . Weber, Attorney -In -Fact Printed in cooperation with the American Institute of Architects (AIA) by Travel rs Casualty and Surety Company of America. The language in this document conforms exactly to the language used In AIA Document A311, February 1970 edition. Page 1 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SACRAMENTO On JANUARY 22, 2002 before me, M.E.A. McLaughlin Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Joseph H. Weber No 5907 NAMEW) OF SIGNERK) l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(g) is/zxGc subscribed to the within instrument and ac- knowledged to me that he/std executed the same in his/UNAV4K authorized capacityogg), and that by his&mm)tx signature(t) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. ' �.. M. E A. MCLAUGHLIN S COMM. #1241007 N g Notary Public-Callfomia N W SACRAMENTO COUNTY -� MV Comm E)n Nw. 29.2N3 WITNESS my hand and official seal. SIGNATURE OOTARY 10,1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 ..u.. ...uu�.y a.•zy vaiaJl 1 f1J\L as ua•u• • \. Vl.al AJ. a FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hanford, County of Hanford, State of Connecticut, (hereinafter the "Companies") hath made, constituted - arid' appointed, and do by these presents make, constitute and appoint: David K Murphy, James R. Coats, John E. Murphy, Joseph H. Weber, Mary E.A. McLaughlin, of Sacramento, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instmment(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 Attorneys) -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 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. VOTED: 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY 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 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. (I 1-00 Standard) PAYMENT BOND - PUBLIC WORK SECTIONS 3247 - 3262, CIVIL CODE (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 005 SB 103721424 BCM Premium Included In Performance Bond: THAT WHEREAS, The State of Califomia, acting by and through THE CITY OF SAN RAFAEL has awarded as Contractor, RICHARD A. HEAPS ELECTRICAL CONTRACTOR, INC., 8909 FLORIN ROAD, SACRAMENTO, CALIFORNIA 95829 a contract for the work described as follows: MANUEL T. FRE ITAS PARKWAY AND SB 101 OFF RAM SIGNAL MODIFICATION PROJECT NUMBER: 10676 AND WHEREAS, Said Contractor is required to famish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law. We the undersigned Contractor and Surety are held and firmly bound unto the State of California in the amount required NOW, THEREFORE by law, the sum of EIGHTY NINE THOUSAND FIVE HUNDRED FIFTY SIX AND .00/100 DOLLARS—(589.556.00–) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 22ND day of JANUARY, 2002. RI HEAPIS3 f CTRICAL CONTRACTOR. INC. B lam/. Y UlAiNE K. MEEHAN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By 1F„ le Z Joseph H. Weber, Attorne;-In-Fact S -2061-B (07-97) CALIFORNIA ALL-PURPOaaE ACKNOWLEDGMENT State of CALIFORNIA County of SACRAMENTO On JANUARY 22, 2002 before me, M.E.A. McLaughlin Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared Joseph H. Weber No 5907 NAMEj6) OF SIGNERK) fix] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(g) is/mv, subscribed to the within instrument and ac- knowledged to me that he/sbedtW executed the same in his/ff9KWi)f authorized capacity]WM), and that by his&xwAbadx signatureft) on the instrument the person(A),, or the entity upon behalf of which the person(s) acted, executed the instrument. M. E A MCLAUGHLIN �� COMM. *1241007 U) �' Notary Public -Cal omla N W SACRAMENTO COUNTY -+ My Canm E, Nov. 29, 2003 WITNESS my hand and official seal. SIGN RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • B236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON 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'arid=appointed, and do by these presents make, constitute and appoint: David K Murphy, James R. Coats, John E. Murphy, Joseph H. Weber, Mary E.A. McLaughlin, of Sacramento, California, their true and lawful Attorneys) -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 Attorneys) -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 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. VOTED: 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND y§URETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY 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 faesimile 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. (1 1-00 Standard)