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2011-08-25 2-D) / /'09/ /2- 00 'i? .. GERALD A. VERGILlS* KENNETH M. STENGER ALBERT P. ROBERTS THOMAS R. DAVIS STEPHEN E. DIAMOND*"* JOAN F. GARRETT" VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LA W 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 www.vsrp.com e-mail: info@vsrp.com OF COUNSEL: KAREN MacNlSH LEGAL ASSISTANTS: AMY E. DECARLO SANDRA A. OAKLEY SARAH SALISBURY CLOSING COORDINATOR: MARlA L. JONES KEVIN T. McDERMOTT ANGEL 1. F ALC6N ANTHONY M. DEFAZIO"* JAMESP. HORAN"* LISA M. COBB M. ELLEN O'SULLIVAN MARINA O'NEILL MELISSA A. MANN A- WILLIAMS POUGHKEEPSIE OFFICE By Appointment Only (845)452- I 046 . ALSO ADMlTIED IN FLA. "ALSO ADMlTIED IN CONN. ".ALSO ADMlTTED IN NJ ....ALSO ADMlTTED IN FL & MA fPa~~~ll~~[Q) AUG 2 6 20U TOWN OF WAPPINGER TOWN ,CLERK August 25,2011 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Barbara A. Gutzler, Supervisor Re: Cider Mill Loop Water Storage Tank Demolition & Replacement Sun Up Enterprises, Inc. Dear Barbara and Board Members: In connection with the above referenced matter in which Sun Up Enterprises, Inc. was the successful bidder, please be advised I have reviewed the following original documents: Acord Certificate of Liability Insurance dated August 15, 2011 issued through Marshall & Sterling, Inc. on behalf of American Alternative Insurance as to Insurer A (commercial general liability in the amount of $1,000,000.00/$2,000,000.00) and Everest National Ins Co as to Insurer B (umbrella in the amount of $10,000.00) identifying Sun Up Enterprises, Inc. and the Town of Wappinger as a certificate holders. I have determined that the proof of insurance named therein is consistent with the insurance requirements set forth in the bid documents and the requirements of the Town of Wappinger. I have also reviewed a Certificate of Workers' Compensation Insurance issued by the Wausau Business Insurance Company, bearing policy number WCKZ91451600011, and find the policy is in proper form effective April 1, 2011 through April 1, 2012. In addition, I have examined a Performance Bond and Payment Bond in form AlA Document A312 issued on behalf of Sun Up Enterprises, Inc. as Principal and issued by Travelers Casualty & Surety Company of America as Surety, bearing bond number 105359392, in favor of the Town of Wappinger in the principal sum of$809,129.00, and fmd that both documents are acceptable as to form and consistent with the bid documents. O:\Wappinger\United Wappinger Water District\Cider Mill Loop\0825 1 1 approval Itr to gutzler re insurance and bonds.doc f. ; I :" (,' \ ., .. ~s ~.~. v; 1"'"'1'. . ,'.;i - ," '.'( ,f,i( ..' \,l" . \ ~.\......, ~.~" I, ,...... . , / ~ ,-' ....! .~ ... ...".~. ...__"'.._ ._.h....~~_..__..------- ; 0\ \." . (,),.,.. Ii k ... V .. I August 25, 2011 Page 2 Accordingly, this matter should be scheduled for contract signing as soon as possible. Very truly yours VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP A1,~~OBERTS APR/so cc: Hon. John C. Masterson, Town Clerk Michael E. Takacs, P.E. LO/OI~ i 9 i 110- \ O:\Wappinger\United Wappinger Water District\Cider Mill Loop\0825 1 1 approvalltr to gutzler re insurance and bonds.doc ~ ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) \......--- 08/15/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 845-454-0800 CONTACT NAME: Marshall & Sterling, Inc. 845-485-7804 rl1gNio Extl: I FAX iAlc Nol: 110 Main Street E-MAIL Poughkeepsie, NY 12601 ADDRESS: ~n~~g~~~ 10 II: SUNUP-3 INSURER(S) AFFORDING COVERAGE NAICII INSURED Sun Up Enterprises Inc INSURER A: American Alternative Insurance 1607 Rt 376 INSURER B: Everest National Ins Co Wappingers Falls, NY 12590 INSURER C : INSURER 0 : INSURER E : INSURER F : U"'IU:~"'AY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER II&SM%~1 Ir:sM~M-~, LIMITS LTR '....D w\ln GENERAL LIABILITY EACH OCCURRENCE $ 1,OOO,OO~ A X COMMERCIAL GENERAL LIABILITY X 88A2GLOOOO024 11/18/10 11/18/11 PREMISES (Ea occurrence\ $ 100,OOC I CLAIMS-MADE 00 OCCUR MED EXP (Anyone person) $ 5,OOC PERSONAL & ADV INJURY $ 1,OOO,00C - 2,OOO,OOC GENERAL AGGREGATE $ - 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ ~ POLICY IXl ~rR,: n LOC $ AUTOMOBILE LIABILITY COMBINED SINGlE LIMIT $ 1,000,000 - (Ea accident) A X ANY AUTO 88A2CAOOOO015 11/18/10 11/18/11 $ - BODILY INJURY (Per person) ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE X (Per accident) $ HIRED AUTOS r-- $ X NON-OWNED AUTOS t-- $ X UMBRELLA L1AB ~ OCCUR EACH OCCURRENCE $ 10,OOO,00C r-- $ 10,000,OOC EXCESS LIAB CLAIMS-MADE 11/18/10 11/18/11 AGGREGATE B 71 C80002571 01 DEDUCTIBLE $ r-- 10,000 $ X RETENTION $ WORKERS COMPENSATION lR1/f;I~-:~nw~ :[0) I T~~~I~N~ I IO:~- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE - EA EMPLOYEE $ If yes, describe under AUr, 2.~ ,ntt E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below TOWN OF 'AI ^ --- DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attac~ JACORD ;C:J:;C:~WQ.rIl~ore .pete required) The Town of Wappinger is provi~ed additional i sured s . . I written contract or ao/eement With respect to _ ~ .!"....:..:'~ Loop Water Storage ank Demolition and Replacement CERTIFICATE HOLDER CANCELLATION WAPPI-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Wappinger 20 Middlebush Rd AUTHORIZED REPRESENTATIVE Wappingers Falls, NY 12590 J~5 dL- I reserved. ACORD 25 (2009/09) @1988-2009ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD . ~-----._.--------"--\ \ ~ . ":.-' t,' ..~\C:-d . <=., ; i",. (.--, ,j r'~":'" -'./ ~~.:':". .l.J lJ r~ os .. ( t. , . , I t \ ..........1'(. "^'V' -..". \"010.". >LJtJo'a ~'-;t'..'J "1') \/'l'r. 1 " G:1 1""\ i"". tj (11' /1/1 '.J _.J .. 'Ii ..... '"-' -_......~.....__..._-_.......,.~ STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE I a. Legal Name and address of Insured (Use street address only) Sun Up Enterprises, Inc 1607 Rt 376 Wappingers Falls, NY 12590 lb. Business Telephone Number ofInsured Work Location ofInsured (Only required if coverage is specifically limited to certain locations in New York State, i.e a Wrap-Up Policy) 845-462-1800 Ie. NYS Unemployment Insurance Employer Registration Number ofInsured 41755135 Id. Federal Employer Identification Number ofInsured or Social Security Number 141626397 2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) Town of Wappinger 20 Middlebush Rd Wappingers Falls, NY 12590 3a. Name of Insurance Carrier Wausau Business Insurance Company 3b. Policy Number of entity listed in box "Ia": WCKZ9145I600011 3c. Policy effective period: 04/01111 to 04/01112 3d. The Proprietor, Partners or Executive Officers are: [8J included. (Only check box if all partners/officers included) Dall excluded or certain partners/officers excluded. This certifies that the insurance carrier indicated above in box "3" insures the business referenced above in box "la" for workers' compensation under the New York State Workers' Compensation Law. (To use this form, New York (NY) must be listed under Item 3A 011 the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certificate ofInsurance to the entity listed above as the certificate holder in box "2". The Insurance Carrier will also notify the above certificate holder within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured fi'om the coverage indicated on this Certificate. (These notices may be sent by regular mail.) Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier or its licensed agent, or until the policy expiration date listed in box "3c", whichever is earlier. Please Note: Upon the cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form. Approved by: Timothy E. Dean (Print name of authorized representative or licensed agent of insurance canier) Approved by: J~5~ (Signature) 8/15/11 (Date) Title: Authorized Representative Telephone Number of authorized representative or licensed agent of insurance carrier: 845-454-0800 Please Note: Only insurance carriers and their licensed agents are authorized to issue the C-I 05.2 form. Insurance brokers are NOT authorized to issue it. C-I05.2(9-07) www.wcb.state.ny.us Workers' Compensation Law Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured. 1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any pem1it for or in connection with any work involving the employment of employees in a hazardous employment defmed by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed. 2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. C-l05.2 (9-07) Reverse AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Sun Up Enterprises, Inc. 1607 Route 376 Wappingers Falls, NY 12590 OWNER (Name and Address): Town of Wappinger 20 Middlebush Rd Wappingers Falls, NY 12590 CONSTRUCTION CONTRACT Date: September 12, 2011 Amount: $809,129.00 Description (Name and Location): BOND NUMBER: 105359392 SURETY (Name and Principal Place of Business): Travelers Casualty & Surety Company of America 300 Windsor Street Hartford, CT 06 20 ~~CC~~~~[Q) , AU~ 26 2011 TOWN OF WAPPINGER Cider Mill Loop Water Storage Tank DemolitifQ~a~RK BOND Date (Not earlier than Construction Contract Date): September 12,2011 Amount: $809,129.00 Modifications to this Bond: 181 None CONTRACTOR AS PRINCIPAL Company: (Corpor te Seal) Sun Up Enterprises, Inc. Signature: Name and Title: (Any additional signa res a (FOR INFORM A TlON ONL Y - Na AGENT or BROKER: Marshall & Sterling, Inc. 66 Middlebush Road, Suite 200 Wappingers Falls, NY 12590 o See Page 3 SURETY Company: (Corporate Seal) Travelers Casualty & Surety Company of America n page 3) e, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or. other party): 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construc- tion Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and SURETY 5026 (6-92) 3.2 The Owner has declared a Contractor Default and for- mally terminated the Contractor's right to complete the con- tract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or Printed in the USA ,.,~ " w__''''''''''_''''U''''__ ___..."'.....~,._.... ", ~.~: ~;'~ ?:H i rrfL ! '", ,.., ')11' . r: " \ q ~ r<, L~l\../r, j",.~ )--'i __: r r L~....{ ..,I..J ~j 'I -i \-.J V lit fotJ ~}13JJ Vt\tJOT , ._____. ......_......__O-'...__.~_._..___..-' ...,) VULdll1 UIUl; UI IItlYULldU:lU ~IUIJUl;dll; !I UII I 4UdlllltlU contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equiv- alent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reason- able promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, 4.3 above, then the respon- sibilities of the Surety to the Owner shall not be greater that those of the Contractor under the Construction Contract , and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Con- tract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Con- tract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design profeSSional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: NONE I Illtl .::>UI tlLY l;lldll IIUL Utl IIdUIt:l LU L1ltl VWlltll UI ULlltll l; Iur obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the juriSdiction of the suit shall be applicable 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statu- tory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Co- struction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Co orate Seal) Company: (Corporate Seal) Company: ( rp Signature: Name and Title: Address: Signature: Name and Title: Address: TR.;.\VELEHS CASUALTY .A1'1'D S{JRETY COMPAJ"-;Y OF AMERlCA HARTFORD, CT. 06183 State of New York, COUJllY of ATTORNEY-1N-FACT JUSTIFICATION PRINCIPAL'S ACKNOWLEDGt',lF:KT -IF ,\ CORPORATION DcJ~ J SS. Onthi, 15th day of August .2011 ,bd(ln::IlR:pwonaLJpN1CareG Harold Buchner to me kn()wn. who, heing by me duly swam, deposes ~mj says: TIlal he/she resides in the City or Poughke ep s i e . ; Ib.lthclsheislhe President of Sun Up Enterprises, Inc. the corporation descTibtd. in and which ~xcc\ltcd lhe \..~I~in instTlI!ocnt: [hui hc':she knows {he ~eal of sai:i COllJc>ratiOl,., Ihal ihc sc::1 af:ixed 10 said in,rrumcm is S,1',:)1 co';urate "" I; ,"" II '"' w "n ,,'" "yo.d" " II" e,"," or P"",,, " ,",d '00]>,""10", ",d 1h0l "" ,h, "."" hIY"" oom, Ih,,,,, "'lk, mdl __~_ Slate of New York. ('OUI1l)' of I 55. PRINel PAL'S ACK\'OWLEDG,vlE.'iT - IF INmVlD!.iAL OR FIR\) ()n~his day of ,20, bciilre mc pCl's(>l)ally :lppcOTcd \1) known 10 hc (thc individ\lal) (<)n~ of the tim1 of ) d~sc r:bed ill ond who txccuted the instrument, nnd he/,hc thcrcupon duly nckno\vlcdgcd \0 me lho\ hc!,hc exe.clItca the samc (a, the act UlJd deed of said firm). me "vrthin StalcoCNcwYCJfk,(ounlyof Dutchess "iss, SURETY COMPANY'S ACKNOWLEDGMENT On this 15th day of August .20 11 ,before me pCfsonaJlyappcareu Dianne Rutyna me knO\\~l, who. being by me duly ,wllm, did depc)se and say: -Inat he/sheresides in the City of Hopewell June tiOD ; .thllt .he/she is Attorney-in-Fact .of TRAYELERSCASllAL TY AND SlJRETY.CO....fI'ANY OF' Ai\fERICA.,the eorporaiion dc-scribed in and which exccuted Ihe within instt"Umcnt; th:.t he/she knows the. corporate seal of S2id Compan)';.that.the seal afli.xed IOsaidinstruJ))cnt is sucheorporateseai; and' thai he/she signed said instnlmelll as Attorney-ill-Fact by authority of the Board of Dircctors nf said Company; and affiant did Illnher depme and 53)' that the SUpt:rinlenOenl of Insuron~e of the Staie of New Ynr"k has, pUTSuanllo Chaptcf882 of the. La\Vs of Ihe State of New Y'1rk t<1T the ye~r 1939, constituting Ch..1plcr 28 of ihcConsolidntitlg l..l1ws oflhe State of New YDrk 3S ihc .Insurance l.aw as amended. issued to TRAVEl,ERS CASHA!,TY AND SURETY CUi'>1PANY OF .Ail1ERlCA his/her cenilicale th:lt said Company :s qllaliJicd to become and be accepted as surety or guarantor on :111 bonds, undcnakings, rccogniz.ances, guarantics, and Il:hcr obligatil1l1s required or pcrrllilied by law; ond that 5u;;); . 'ort,"""''''' '"' "'oj .""",, .., . .. .. .. ... ... ... ..... .. . ... ~_ . . Notary Public !l) SlEPHANtE A. PAYNE .NOlARY PU'BlIC-STATE OF NEW YORK . No> olPA6207117 Qualltl.edln Orange County My Commission Expires June 08,20 ~ 'THAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Harlfprd,Connecticut 06183 FINANCIAL 5T ATEMENT AS OF DECEMBER 31, 2008 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK $ 6,000,000 ASSETS LIABILITIES Cash & Jnvested Cash Bonds Stock Investmenllncome Due and Accrued Premium Balances Reinsurance Recoverable Net Deferred Tax Asset Other Assets $ 146.779,723 3,452.929,381 7,586.626 46,660,631 303,562,195 12.426,353 40,073,233 86.225,430 Tolal Assets $ 4,096,243,572 Unearned Premiums Losses Loss Adjustment Expenses Commissions TaXes, Licenses and Fees Other Expenses Current Federal and Foreign lncome Taxes Funds Held Under Reinsurance T Te<lties Other Accrued Expenses and Liabilities T olal Liabilities s 846.309,219 822,955.804 276,222,162 52,167.066 43,371,400 29,247.064 104,163,980 s 105,982,816 80.894,170 2,361,313.681 Capital stock Paid in Surplus Other Surplus Total Surplus to Policyholders $ 6,000,000 303.297,402 1,425,632,488 1,734,929,890 s Total liabilities & Surplus $ 4,096,243,572 Securities carried at S6,059,054 in the above sta1ement are deposited with public authorities, as required by law WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~ TRAVELERSJ 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 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 223743 Certificate No. 0 0 4 3 91514 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Timothy Dean, Dawn Dorien, Stephanie A. Payne, Rachel Y. Minholz, Camille M. Donato, Dianne Rutyna, and Kathleen A. Brown of the City of W appinger Falls , State of New York , 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 pe1ll#rted in lII\Y'aetions or proceedings allowed by law. r'O ',' -'._ '''''., IN WITNESS WHEREOF, the Companies have caused this instrument to besjgned and their corporate seals to be hereto affixed, this d f June 2011 . ay 0 30th Farmington Casualty ComplUly Fidelity and Guaranty'Insurance Compaqy. 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 @ State of Connecticut City of Hartford ss. By: ice President 30th June 2011 On this the day of , before me personally appeared George W. Thompson, 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, 2016. '\f\w C. j~ '- Marie C. Tetreault. Notary Public 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. 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., SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unite'lStates Fidelity and Gu;u:anty 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 infull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and aff1xed the seals of said Companies this 15th day of August , 20 11.. r e €) 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 THE AMERICAN INSTITUTE OF ARCHITECTS . BOND NO. 105359392 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 300 Windsor Street Hartford, Connecticut 06120 Sun Up Enterprises, Inc. 1607 Route 376 Wappingers Falls, New York 12590 OWNER (Name and Address): [R1~t~~~~[Q) Town of Wappinger 20 Middlebush Rd Wappingers Falls, New York 12590 CONSTRUCTION CONTRACT Date: September 12, 2011 Amount: $809,129.00 Description (Name and Location): AUG 2 6 2011 TOWN OF WAPPINGER TOWN CLERK Cider Mill Loop Water Storage Tank Demolition & Replacement BOND Date (Not earlier than Construction Contract Date): September 12,2011 Amount: $809,129.00 Modifications to this Bond: D None (gj See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Sun Up Enterprises, In (Any additional signatures ap ar on page 6) SURETY Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature: ~ Name and Titl (FOR INFORM A nON ONL Y - Name, Address and Telephone) OWNER'S REPRESENT A TIVE (Architect, Engineer or other AGENT or BROKER: Marshall & Sterling Inc party) 66 Middlebush Rd, Ste 200 Wappingers Falls, NY 12590 845-297 -1700 AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 4 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succe.ssors and ass!gns to the Owner to pay for labor, matenals and equipment furnished for use in the performance of the Construction Contract which is incorporated herein by reference. ' 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owne~ to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to . related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond AlA DOCUMENT A312e PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 5 conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the Jack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 6 TRAVELERS CASUALTY AND Sl.JRETY COl\'lPANY OF AMERJCA HARTFORD, CT. 06183 LeIGH SCIRBONA ATTORNEY-IN-FACT JUSTIFICATlON NOTARY PUBLlC'S""TE OF NEW PRINCIPAL'S ACKNOWLEDGt'ylDJ-IF ,\ CORPORATIO\' N'''' YORK ",",II _1_. __ O,OlSC4684910 St2lC of New York. County of ~ ss QlIal/tled In 0 . . ... _ . Mv Cornmlu,on ElCP/r:tcheas COunty Onlhis 15th dayol August .2011 ,bcJon::nlClx:rSfnlal1yzppmcG Harold B~chner sDecemb~r31,20'4 to me kn()wn. wh(),l)~ing by me duly $W(\n1, dcposcs :lDU says: TIlat he/,hc resides in lhe City of PoughkeepsJ..e. ; lhathci,heislhe President of Sun Up Enterprises, Inc. , (he corporation describt:cl in ane! which exc\:utc<llh~ \',~thin in$iTurll\:nt: (hai he!she kr.ow, the seal oi said corporation; Ihat Ihe sc;;1 afli,ed iO :;aid in,tru,r,cm i, s'.l.~h corpora Ie "0 " ,ho< " ~, ",."oj by "d" of "0 B,,,, or O;'M~ of~" ''''P''''';''', 00' >>ol 'd, ho ,;.", hiy'" ""~ <hao":~~ PRINCIPAL'S ACl<NOWLEDG\n:,''T -IF INDi'ilDUAI.. OR FlR\l Slale l.lfNew York, ('OUIlIY of ., :is. , On this day l,f .20, bcii1rc me pCr,(lllally appcared In me known 10 he (the individual) ((Jrle of the tin11 of ) described in ,r.d wl)o t:,\ccuted the within jr.strument, ond hcishe thcrc'upon duly ackno\vlcdgcd 10 Ille Ihat hci~he executed the samc (as ihc act alld ded ot" said firm). State of New York,Counl)' of Dutchess '} 55. SURETY COMPANY'S ACKNOWLEDGMENT On this 15th dayorAugust ,'2011 ,before me personally appeared Dianne Rutyna me km'Ml, who, bdng by me duly swnm, did depose llnd say: That hc/sheresides tn the Cii)' of Hop ewell June t ion ; that he/she is Altomey.in.J'act.of TRAVELERS CASUALTY AND SURETY.COi'rfI'AN'Y OF' Ai\:fERICA., the corporailon desc.tibed in and which executed Ihe within illstrument; that he/she knows the' corporate scal of S2id Company; thatrhe seal affixed to saidinstrumcnt is slleh COrporate seai; :lnd that hc:lshe signed said inSlr'lln1CJll 3., Attorney.in.Fact by authority Ilf the Board oiDircctors nf :;oid Company; and affiant did "1f1her depose and say that lhe SupcTintenuenl of Insurance M the Stille of New Ynr'k has, pursuant to ChapteOl8201 theI..a\'iS of the State of NelV York f'1r the year. 1939. cor.stiluting cJ~pter 28 of the COl1solidatirJg Laws oflhe State ot New York as the 'Insurance l.aw os amended. iss\led to TRA YEI,ERS CASliAL TY AND SURETY CC)MP ANY OF A;',.1E.RlCA his/ber ccrti IicalC that said Company is qllalificd to become and be accepted as surety or guarantor on all bonus, undertakings, rceogninnces, guaranries. and \):l1er obligacil'TIs require or err "tied by law; nnd that such certilic:irehas nofbecri reviiked: ... '. ~.. .. .:" . . . Notary Public 1<1 STEPHANIE A, PAYNE NOTARY PUBllc:"STATEOF NEW YORK No; .0 1 PA6207117 FINANCIAL STATEMENT AS OF DECEMBER31, 2008 .. .... AS FilED WITH THE INSURANCE DEPT, OF THE STATE OF NEW YORK Qualified In Orange County CAPITAL STOCK $ 6,000,000 My Commission Expires June 08, 20_[) iP..AVELERS CASUALTY AND SURETY COMPANY OF AMERICA . Hartford, Connecticut 06183. ASSETS LIABILITIES Cash & Invested Cash Bonds Stock Investment Income Due and Accrued Premium Balances Reinsurance Recoverable. Net Deferred TaxAsseL' Other Assets s 146,779,723 3,452.929,381 7,586,626 46,660;631 303,562,195 12,426,353 40,073,233 86,225,430 Total Assets $ 4,096,243,572 Unearned Premiums Losses Loss Adjustment Expenses Commissions TaXes, Licenses and Fees Other Expenses Current Fedelal and Foreign lncome Taxes Funds Held Under Reinsurance Treaties Other Accrued Expenses and Liabilities Total Liabilities s 846.309,219 822,955,804 276,222,162 52,167,066 43,371,400 29,247.064 104,163.980 105,982,816 s 80.894,170 2.351,313.681 Capital stock Paid in Surplus Other SurpluS Total SurPlus to Policyholders $ 6,000,000 303,297,402 1,425,632,488 1,734,929.890 4,096,243,572 S $ Tolal Liabilities & Surplus SeCurities carlitldat $6,059,054 in the above statement are deposited with public authorities, as required by Jaw WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . , ~ TRAVELERSJ 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 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 223743 Certificate No. 0 0 4 3 91513 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Timothy Dean, Dawn Dorien, Stephanie A. Payne, Rachel Y. Minholz, Camille M. Donato, Dianne Rutyna, and Kathleen A. Brown of the City of WHppinger FHlls , State of New Yark , 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 p.ermi.~in arw'aetions qrpt'Oceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrulJl.ettt to be signeoandthei!"corporate seals to be hereto affixed, this day of June 2011 ..' ' . " ...... ' 30th Farmington Casualty Company Fidelity and Guarantylnsurance CompaQY Fidelity and Guaranty InsuraIlce 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 @ State of Connecticut City of Hartford ss. By: 30th June 2011 On this the day of , before me personally appeared George W. Thompson, 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, 2016. '\f\w c. j~ '- Marie C Tetreault. Notary Public 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ! This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, ifrequired) 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 Fideqty 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 15 t h day of August ,2011. ~ e €> 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