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HomeMy WebLinkAboutFluoresco Services LLC; 2017-03-31; PKRC610Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC610 This agreement is made on the <,?yjst; day of W-,_eu c.b , 20J.1, by the City of Carlsbad, California, a municipal corporation, (herei~c·d "City"), and Fluoresco Services, LLC. whose principal place of business is 5505 S Nogales Highway, Tucson, AZ 85706 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad -Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Kyle Lancaster (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC610 Page 1 of8 City Attorney Approved 9/27/2016 Tracking#: FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: '-~ ~ 4{;._ d-. d.:.,_,..__, Print Name: Mary Kidder, V of Adm1mstrat1on, Fluoresce Serv1ces LLC REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1 ,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1 ,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC610 Page 2 of 8 City Attorney Approved 9/27/2016 Tracking#: INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Fluoresce Services, LLC 5505 S Nogales Highway (name of Contractor) (street address) 998602 Tucson, AZ 85706 (Contractor's license number) (city/state/zip) C10, C45, 042, 11/30/2018 855-463-3151 (license class. and exp. date) (telephone no.) 1000006114 844-754-1306 (DIR registration number) (fax no.) 6/30/2017 knewark@fluoresco.com (DIR registration exp. date) (e-mail address) II II II II II II LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC61 0 Page 3 of 8 City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Fluoresco Services LLC s n here) Mary Kidder, VP of Administration See Board of Director's Resolution (sign here) CH Rt s M fc"T'R '-~ SJA <, . r a.t ASy-nf. fL_ (print nameltitfe) ' CITY OF CARLSBAD, a municipal corporation of the State of California By: Assista City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f..E. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ --~~~~~~~---------~t City Attorney LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC61 0 Page 4 of 8 City Attorney Approved 9/27/2016 NOTARIZATION OF SIGNATURE CITY OF CARLSBAD-MINOR WORKS CONTRACT STATE OF Wisconsin COUNTY OF YY\\\Wlllitu . on this a'-\ dayof ~ .2oJlbeforeme, fJmandtL 'E ·k+l'\( ,a Notary Public, within and for said Cou\lty and State, personally appeared Chris Metrusias to me personally known to be the Treasurer of and for Fluoresce Services LLC and acknowledged that he executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public AMANDA E. PETTY Notary Public State of Wisconsin FLUOBBSCO SDVZCBS LLC CONSBN'l' TO ACTJ:ON BY BOARD OJ' DJ:BBCTORS :IN LJ:B'O' OJ' AtmtJAL MI!ZTDlG (April 20, 2016) The undersigned, constituting all of the Directors of FLUORESCO SERVICES LLC, an Arizona limited liability company, do hereby consent to and ratify and confirm the following action taken and record made on behalf of said Company without a meeting pursuant to the provision of the Arizona Limited Liability Company Act: RESOLVED, that the following individuals are hereby appointed to the offices set forth opposite their respective names, to hold office until the next annual meeting of the Board of Directors and until their successors shall have been duly appointed and shall have qualified: Robert Zanotti Andy Kleiman Mary Kidder Chris Metrusias Daniel J. Hohl Dated: April 20, 2016 DIRECTORS: President Executive Vice President Vice President Treasurer Secretary Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., % of be Subcontracted No. Classification & Total Expiration Date Contract Concrete work Huerta's Concrete 100 004 6483 886159 exp 10/31/2018 -25% 639 Paraiso Avenue SorinQ Valley, CA 91977 Total% Subcontracted: _-__.,2"""5°.!..!Yo,____ __ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC61 0 Page 5 of 8 City Attorney Approved 9/27/2016 Tracking#: EXHIBIT B JOB QUOTATION Fluoresce Services, LLC will provide labor, material and equipment to: 1. Replace Lighting Poles and Fixtures at Stagecoach. Poinsettia and Calavera Hills Community Parks • Install one concrete base, two new light poles, and two new 250W HPS fixtures at Stagecoach Community Park • Install two concrete bases, four new light poles, and four new 250W HPS fixtures at Poinsettia Community Park • Install one concrete base, one new light pole, and one new 250W HPS fixture at Calavera Hills Community Park ITEM DESCRIPTION PRICE NO. 1 Labor and Equipment $16,867.89 2 Material $8,257.25 3 Tax $743.15 TOTAL $25,868.29 2. Relamp Fixtures at Poinsettia Community Park • Relamp (52) fixtures around soccer field with 1500W MH sports lamps • Relamp (44) fixtures at fields 1 and 2 with 1500W MH sports lamps • Rental Equipment-120' straight boom ITEM DESCRIPTION PRICE NO. 1 Labor and Equipment $10,344.75 2 Material $4,882.60 3 Tax $390.61 TOTAL* $15,617.96 *Includes plywood and labor to protect fields Fluoresce Services, LLC will provide a one (1) year warranty for labor, materials furnished and work performed. Total Contract amount shall not exceed $41,486.25. LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC610 Page 6 of 8 City Attorney Approved 9/27/2016 Tracking#: EXHIBITC Bond #106680984 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Fluorescq Services, LLC (hereinafter designated as the "Principal"), a Contract for: LIGHTING POLE AND FIXTURE REPLACEMENT CONTRACT NO. PKRC51 0 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. · NOW, THEREFORE, WE, Fluoresce Services, LLC, as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty-one thousand four hundred eighty- six dollars and twenty-five cents ($41 ,486.25), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with · California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC610 Page 7 of 8 City Attorney Approved 9/27/2016 ,_, Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _41g.th'------- day of February . 20jL_. CONTRACTOR: Fluoresce Services LLC (name of Contractor) By: ~e7.[ fCA4LJ& (s1gn here) Mary Kidder (print name here) By:...-~--__.__~&--------­( gn here) Bo~to'fb~ect~f le~~Jfkttached (print name here) Executed by SURETY this 8th day of February '20_!2___ . SURETY: Travelers Casualty and Surety Company of America (name of Surety) By: 1 Tower Square; Hartford, CT 06183 (address of Surety) (800) 747-3719 (telephone number of Surety) Robin Vinci (printed name of Attorney-in-Fact) (attach corporate· resolution showing current power of · attorney) Tttf.ASYRt«.. ft.uo~f.S(~ ift..\JlC..fS. LLL (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney ~ By: L~ Deputy City Attorney LIGHTING POLE AND FIXTURE REPLACEMENT AND RELAMP; CONT. NO. PKRC610 Page 8 of 8 City Attorney Approved 9/27/2016 ACKNOWLEDGEMENT BY SURETY STATE OF Illinois COUNTY OF Cook On this 8th day of February , 2017, before me, Jessica Hernandez , a Notary Public, within and for said County and State, personally appeared Robin Vinci to me personally known to be the Attorney-in- Fact of and for Travelers Casualty and Surety Company of America and acknowledged that she executed the said instrument as the free act and dead of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. X OFFICIAL SEAL ~ JESSICA HERNANDEZ • NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Jul 23. 2019 • WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ' ~ POWER OF ATTORNEY TRAVELERSJ Attorney-In Fact No. 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 231116 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. O 0 7 0 4 4 8 7 9 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 Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Gina M. Damato, Thomas A. Pictor, Michael Damewood, Luisa Seymour, Thomas N. Tague, Brenda D. Hockberger, Carlina A. Oswald, TaraS. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F. Rincon Moises Alcantar, James P. Fagan, Stephanie Miller, Grace Fowlkes, Ann Mulder, Launa Reidenbach, Mary D. Thomas, Amber Derkson, Dan Hasson, Dan Oma, Kristan Retusnic, Kathleen Stewart, Mary Jo Campbell, Carrie Smith, Adam Kveton, Jessica Hernandez, Robin Vinci, Jason Cummings, Emily Swatkowski, Renee D. Davis, Tiffany Uribe, Anthony Perez, and Kyle Pollock of the City of Chicago/Naperville , State of Illinois , 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 ______ l_6_th ____ _ day of November 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 0 ~ By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Raney, Senior Vice President On this the 16th day of November 201 <'\ 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. \: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. Paul Guardian Insuran'<~ 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. I, 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 c ~ day of _(_e_b_r_u_q____,':J;;;T----' 20 \l. 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 STATE OF Wisconsin COUNTY OF ~ \) L\)OJJ.)LQJ NOTARIZATION OF SIGNATURE SURETY BOND On this d Lj day of @b~ . 20ll., before me, flmandt f7 f?e"!L, , a Notary Public, within and for said ~ ty and State, personally appeared Chris Metrusias to m~sonally known to be the Treasurer of and for Fluoresce Services LLC and acknowledged that he executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. ....... ..... ..... ..... ..... --- AMANDA E. PETTY ~ Notary Public State of Wisconsin ~ ------- Notary Public