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2007 Street Improvements . '"~\ , { *~./ ! ( , CONTRACT. PROJECT # 07-1622 2007 STREET IMPROVEMENTS JOINT/CRACK SEALING , THIS AGREEMENT, made and entered into this. ~ day of .Mwtk._, 2001-, by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and /vt\'SSCUi.-t- RtuttVU-Kt MiUrtf~, J.vic.. , Second Party, hereinafter referred to as the "Contractor." WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in accordance with the provisions of the "General Clauses," the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to construct and complete the improvements in a good, substantial and workmanlike manner; ready for use and in strict accordance with the contract drawings and specifications, as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him, by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer; in accordance with the provisions of the "General. Clauses," and as set forth in the proposal as accepted by the Owner. ARTICLE 3. It is hereby further agreed that at the completion of the work and its acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract, or by reason of "Force Account" work authorized under the contract in accordance with provisions of the "General Clauses;" will be paid the Contractor by the Owner within 30 days after said completion and acceptance. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partnership, or individual; and this contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. C-1 . , ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract" shall include all contract documents as specifically set out in the "General Clauses," and thereby made a part of this agreement to the same extent as if set out at length herein. ARTICLE 6. It is hereby further agreed that the undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction on or before APRIL 16. 2007; and the completion of the construction, ready for acceptance will be required by JUNE 8. 2007. IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY --"":<;c,oc>r: ~<L<.Jt:'"""-f'I^..:\"~;"'~~ ~c.- BYY~ .;p ~ PI es (iXc? h )r (Office or position of signer) Seal.. if Contractor be a corporation OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS BY [WAJd\ c. (to/);_ MAYOR ~ Atte~ ~ CITY CLERK t C-2 ",.~;-, _'~,' PROPOSAL TOTHE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Gentlemen: The undersigned hereby certifies that he has carefully examined the specifications and other contract documents; has fully investigated the location, character, and extent of the work to be done and the materials to be furnished in connection with the construction of the 2007 STREET IMPROVEMENTS - JOINT I CRACK SEALING - PROJECT NO. 07-1622 in the City of Salina, Kansas. He further certifies that he is familiar with the type of construction work involved throughout the scope of the project and understands that, in signing this proposal, he waives all right to plead any misunderstanding regarding same. . 1. The undersigned proposes to furnish all tools, appliances, equipment, materials, and labor required to complete the construction in a thorough, workmanlike, and satisfactory manner in accordance with the specifications, and contract documents, for the following price: BASE BID: NO. DESCRIPTION UNIT QUANTITY PRICE. 76,195 S.Y. ~ SUBTOTAL 1 JOINT I CRACK SEALING ALTERNATE BID: NO. DESCRIPTION UNIT QUANTITY PRICE 2,225 S.Y. ~ SUBTOTAL 1 JOINT I CRACK SEALING TOTAL BID TOTAL PRICE $ t-f (, fI] CO, is / $ t-jG/I 7j,~.> TOTAL PRICE $J,3S7,J,5 , $ /...1 7; 't;3 hcJ..O $ t-/7~'JC :10 I 2. The undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction on or before APRIL 16. 2007 and the completion of the construction, ready for acceptance, will be on or before JUNE 8. 2007. P-1 ; ..l., , __": 3. NOTE: All construction must be complete and ready for acceptance on or before JUNE 8. 2007. It shall be the sole responsibility of the Contractor to monitor and prevent any and all "tracking" of crack seal until acceptance of the work. 3. In evaluating bids for award of contract, the owner may take into account the proposed starting date and indicated duration of construction, together with their effect upon the total cost of the project. 4. The undersigned acknowledges receipt of the following addenda: nil ~f\~"'>Y",/9...o-.. Signed this I d+t-Day of mr, rr or. ,2007. BIDDER: {'rI:<"S'4( if'; lDa.w,'l'..'-'''+ /1I1ll.; ^ ~/KU\ \.C;' ADDRESS: t..jqiYlft iLbr+-h.G,.,bbl:,-l" 1:'V\(~l"'I':\ (fie ''f6f,'z{ BY: j)~"r .$U.",^,,, cr- /~ TITLE: _f}c9:,,/eXtJY\-t- . P-2 " '. AlA Document A3l2 Performance Bond Bond No. 37BCSZZ9743 Conforms with the American Jru;titute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Missouri Pavement Maintenance Inc. 11703 S. Hunt Road Lone Jack, MO 64070 (816) 204-4778 OWNER (Name and Address): Ctty of Salina, Kansas 300 W. Ash Street Salina, KS 67401 CONSTRUCTION CONTRACT Date: March 26, 2007 AmOlUlt: $47,836.20 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company 690 Asylum Avenue Hartford, CT 06115 (888) 266-3488 Description (Name and Location):2007 Street Improvements - JoinUCrack Sealing - Project No. 07-1622 BOND Date (Not earlier than Construction Contract Date): AmOlUlt: $47,836.20 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Missouri Pavement Maintenance Inc. (Corporate Seal) Signature: Name and Title: (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: George J. Siebers & Co., Inc. 85Dq Shawnee Mission Parkway Merr,iam, KS 66202 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perfonnance of the Construction Contmct, which is incorporated herem by Tcference,. 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 tbe Owner is considering declaring a Contmctor 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 tbe Owner, the Contractor and the Surety agree, the Contractor shall be allowed 8 reasonable time to SURETY 5026 (6-92) 8-1852/GE 10199 Page1of2 March 30, 2007 I&I None o SeePage2 -- SURETY Company: Hartford Fire Insurance Com ny o .- ~ ~-- -in-fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): perform the Construction Conbact, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default;. and 3.2 The Owner has declared a Contractor Default and formally terminated fhe Contmctor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contrnctor and the SW'ety have received notice as provided in Snbparagrapb 3.1; nnd 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Consttuction Contract or to a contractor selected to perform the Construction Contract in accordance with the tenns of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: XDP 4.1 ~nge for the Contractor, with consent of the Owner, to perform and complete the Construction Contract or '4.2 Undertake to perform and complete the Construction Contract itself. through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,. 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 equivalent 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 contmctor and with reasonable promptness under the circumstances: .1 After investigation. detennine the amount for which it may be liable to the Owner and, as soon as pmcticable after the amount is determined, tender payment therefo,r 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 It'i 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 4.1,42, or43 above, then the responsibilities of the Surety to the Ow!ler shall not be greater than those of the Contractor under the ConstruCtJOD Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. 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 Contrncl, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contmctor for correction of defective work and completion of the Construction Contract 6.2 Addition8.1 legal, design professional and delay c.osts resu!ting from the Contractor's Default, and resulting from the achons 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. b5' delayed perfonnance or non-performance of the Contractor. MODIFICA nONS TO TIllS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 Defauh or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs first. lithe 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 statutory 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 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. 12 DEFINITIONS 12.1 Balance of the Contrnct Price: The total amount payable by the Owner to the Contmctor under the Construction Contract after all proper adjustments have been made, including allowance to the Contmctor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contmctor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 122 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contmct Documents and changes thereto. 12.3 Contractor Default: Failure oftbe 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 to perform and complete or comply with the other tenns thereof (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Company: Signature: Name and Title: Address: ~'.;orporate Seal) Signature: Name and Title: Address: Page 2of2 " AlA Document A312 , Bond No. 37BCSZZ9743 " ': Payment Bond Conforms with the American Institute of Architects, AlA'Docwnent A3 12. Any singular reference to Conlmctor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Missouri Pavement Maintenance Inc. 11703 S. Hunt Road Lone Jack, MO 64070 (816) 204-4778 OWNER (Namc and Address): City of Salina, Kansas 300 W. Ash Street, Salina, KS 67401 CONSTRUCTION CONTRACT Date: March 26, 2007 Amount 47,836.20 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company 690 Asylul)1 Avenue Hartford, CT 06115 Description (Name and Location): 2007 Street Improvements - Joint/Crack Sealing - Project No. 07.1622 BOND Date( Not earlier than Constrnction Conlmct Date): Amount 47,836.20 March 30, 2007 o See Page 2 CONTRACTOR AS PRINCIPAL Company: Missouri Pavement Maintenance Inc. I&INone SURETY (Corporate Seal) Company: Hartford Fire Insurance _ Company Modifications to this Bond: Signature: Name aod Title: (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: George J. Siebers & Co., Inc. 8500 Shawnee Mission Parkway, Merriam, KS 66202 1 The Contmctor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contmct, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be DuH 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 aay 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 Con1rnct, 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 SURETY 5026 (6--92) 8-1 B53IGE 3100 Page 1 of2 (Corporate Seal) '- ~ :. ^," OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be nun and void if the ConllaClor promptly makes payment, direetly 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 5lIbstantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contmct with the Contractor: .1 Have furnished written DOtice to the Contrnctor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last fmnished materials or equipment included in the claim stating, with substantial accuracy, the amowrt of the claim and the name of too party to whom the materials were furnished or supplied or for whom the Jabor was done or perfonned; and XDP , .2 Have either received a rejection in whole Of in part from the Contmctor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicaJed the claim win be paid directly or indirectly; and .3 Not having been paid within the aoove 30 days, have sent a written notice to the Surety (at the address described in Paragrapb 12) and sent a copy, or notice thereo( 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 Owner to the Contractor orto the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the ,"oDditions 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 Corrtractor under the Construction Contmct shall be used for the performance of the Construction Contract and to satisf}' 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, su~ect to 1he Owner's priority to use 1he funds for 1he completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contmctor that are unrelated to the Construction ContIact 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 o( 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 ordet5 and other obligations. 11 No suit or action shall be commenced by 8 Claimant under this Bond other than in a court of competent jurisdiction in the location in which the MODIFICATIONS TO TIllS BOND ARE AS FOLLOWS: work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subpan~graph 4. I or Clause 42.3, 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 (I) 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, shaH 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 perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory rood and not as a common law bond. 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 pennit a copy to be made. 15 DEFINITIONS 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 perfonnance of the Contract. The intent of this Bond shall be to include without limitation in tenns "'abor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractors subcontractors, and all other items for which a med18nic's lien may be asserted in the jurisdiction where the labor, materials or equipment wete.furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 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 I (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-18531GE 3100 Page 2 of2 Signature: Name and Title: Address: KANSAS STATUTORY BOND Executed in Conjunction with Contract Bond No. 37BCSZZ9743 KNOW All MEN BY THESE PRESENTS: That we, Missouri Pavement Maintenance Inc. 11703 S. Hunt Road Lone Jack, MO 64070 as Principal, and Hartford Fire Insuranoc Company ,of Cmmecticut , a Corporation organized and existing under the laws of the State of Connecticut ,and authorized to transact business in the state of Kansas, as Surety, are held firmly bound unto THE STATE OF KANSAS, in the full and just sum of Forty-seven Thousand Eililit Htmdred Thirty-six Dollars And Twenty Cents ($ 47,836.20 ) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated this 30th day of March AD., 2007 THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, on the March 2007 , the said Missouri Pavement Maintenance Inc. 11703 S. Hunt Road entered into a contract with City of Salina, Kansas providing for 2007 Street Improvements - Joint/Crack SeaIinII- Project No. 07-1622 26th day of Lone Jack, MO 64070 NOW THEREFORE, if the said Missouri Pavement Maintenance Inc. 11703 S. Hunt Road Lone Jack, MO 64070 shall well and truly pay all indebtedness incurred for supplies, materials, or labor furnished, used or consumed in connection with or in or about the construction of the above described work so as to comply with the provisions of the General Statutes of Kansas, relating to Public or Private work, then this obligation to be null and void; otherwise to be and remain in full force and effect. Missouri Pavement Maintenance Inc. d~A/ rney-In-Fact~ Linda S. Reynolds ',: . ~,. -r 'I"t;. '""_ rr 1'11';( " ", 9-3796 (12186) S-B18CVGE 6101 xOP , . Direct Inquiries/Claims to: 'POWEROF ATTORNEY THE HARTFORD "_ BOND, T '" 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 37.271317 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State oFlndiana D Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of Illinois, a corporalion duly organized under the laws of the State of Illinois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companiesn) do hereby make, constitute and appoint, up to the amount of unlimited: Mark E. Gardner, Larry J. Cramer, Linda S. Reynolds, Judith A. Page of Merriam, KS their true and lawful Attorney(s).-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ~, and to execute, seal and aCknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and ex.ecuting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ^' .-....-.-..-..-.. .....'-.'.. ~~ Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, 'Assistant Vice President ST;TE.'.OF.C?~NECTlq~T."i... ;;'... Hartford COU NTY' OFHARTFO RD ......Jii. o~' this '25th' day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. L)~z:-' g CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and for~going is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of \f'\{b(' ~ 2D .~ I Signed and sealed at the City of Hartford. :: I ::: - POA 2003