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CONTRACT 3903 Other CLOSEDt; Contract Number: 3903 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND S&L SPECIALTY CONTRACTING, INC. i� This contract is entered into this 0' day of February 2000, by and between the City of El Segundo, a general law city and municipal corporation ( "the City ") and S &L Specialty Contracting, Inc. ( "the Contractor "). A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Six hundred thirty -eight thousand, two hundred fifty dollars and zero cents ($638,250.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. A. The Contractor will fully complete the Work within the time specified in the Contract Documents (the "Contract Time. ") Residential Sound Insulation Program 1 Group 30 COnSCrnCUM) Contract (02/04 /2009) G�CV 0 � SEGU�9 Contract Number- 3903 B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor shall not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. J. TAXPAYER IDEN'T'IFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 6. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 7. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 8. INDEMNIFICATI ®N. The Contractor agrees to indemnify and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 9. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee Residential Sound Insulation Program 2 Group 30 ConstruCtion Contract (02/04/2009) C V, 9 SEGUE Contract Number: 3903 of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 10. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 11. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City James S. O'Neill City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 The Contractor Tim Leana S &L Specialty Contracting, Inc. 315 South Franklin Street Syracuse, New York 13202 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 12. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 13. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 14. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. Precedence of documents as deternlined in the Standard Specifications. Residential Sound Insulation Program 3 Group 30 Construction Contract (02/04/2009) Contract Number: 3903 H e L"19 � S� O 15. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 16. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 17. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 18. COVENANTS AND CONDITI ®NS, The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 19. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 21. COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENT This is a federally assisted construction contract and Federal labor standards, including Davis - Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. [Signatures on next page] Residential sound Insulation Program 4 Group 30 Construction Contract (02/04/2009) G�� Y 0- Contract Number: 3903 IN WTTNESS WHEN OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: A general law city and municipal corporation. By:/— ( a City Man ger ATTEST: By: .. Cindy rtesen City Clerk APPROVED AS T, ,O MARK D. HENS Ys, Y ATTORNEY ORNEY j f fj By: I rl W13erger, I , Assistant City Attorhey r` S &I By: Taxpayer ID Number 14- 1825100 Contractor State License Number 796968 Contractor City Business License Number 23197 Residential Sound Insulation Program 5 Group 30 Constriction Contract (02/04/2009) 3903 FAITHFUL PERFORMANCE BOND Bond No. 13BCSF09719 Bond Fee: ( "PRINCIPAL ") S & L Specialty Contracting Inc. and Hartford Casualty Insurance Company , a corporation incorporated under the laws of the State of Indiana and licensed by the State of California to execute bonds and undertakings as sole surety, as surety six hundred (tSfflETY e held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of Two hundred Fittyyandgno /OQllsdn 638,250,0 U ($ 0) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, forthe payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, speWMup48Jns No. 1RSI 08 -22 and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS I. PRINCIPAL will construct the public improvements identified inRS Specifications - 30) a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CIiY's plans and profiles ('C'c ro °oaj��g Fi e No RsI os -zz _ ) which are made a part of this bond when 'said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. Z. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY,, for value received agrees that no changes, extensions of time, alteration or modification of .�gecip c ions No. SI 8 -n or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: FAITHFUL PERFORMANCE BOND U A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SI ED AND SEALED this 10th day of April 20 09 c al y Contracting Inc. Hart rd Cas a•lty Insurance Company P DENT SURETI''sQ DEW Pamela J. Bgyle, At'Lorney- in -fa i AL s CRETARY �^ SURETY's Sc Wi& xx Lisa Nosal, Attorney -in -fact PRINCIPAL'.s MAILING ADDRESS: • R . t • as I A• AW I N r. - - SURETY's MAILING ADDRESS: 100 Enterprise Drive Rockaway, NJ 07866 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. C'rtifcats Pursuant to 9960640(x) Code of Citric procedure I. - DEAN C. LOGAN of edg - _ , State of California, n old erk for Said County IO HEREBY CERTIFY THAI '0� �\ has a certifir.,ate of auif.,orsty a adrt�iit �Sct r �cu v >c, Insurance Slate e C aliforsrcx,er ,uttturtzrnq tr,e Insure to t �rnsaot surety nsu� ar ce in �E estate of Calilorrr�;;, ano roar Wlsetl on the reoor'ds shown rn 'the Department of trtsuranc� wett,rre ("al authut"q, na:. riut b�:c�n Burr t7derr;d, re,,.vked canned, annufted. or yuspene.ea In ?-es rnsura �rcra�¢af; t ndite t unto s � n and anb raffixed the seal of id County ore 'ire. �,:-. 1,--0. ",�...�.' °•°- -a.,�. - �-- --a- -- COurvry CLERK A. Deputy C;aunty Clerk OSHA LOS FAITHFUL PERFORMANCE BOND ACKNOWLEDGEMENT OF SURETY State of New Jersey ] -ss County of Passaic 39 0 On April 10, 2009, before me personally came Pamela J. Boyle to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Hartford Casualty Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: Notary Public ACKNOWLEDGEMENT OF SURETY State of New Jersey ] I-ss County of Passaic ] On April 10, 2009, before me personally came Lisa Nosal to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Hartford Casualty Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: ; Notary Public JEMMM NOTARY pu cof NEW JERSEY my Cons" EM EeSOCTOBER 90, t01� KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 13- 652046 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 of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut O Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 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 "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Michael S. Culnen, Pamela J. Boyle, Lisa Nosal, Louis A. Vlahakes, Robert E. Culnen of Totowa, NJ 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 executing 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 January 22, 2004 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. v .rl«Ms r;`rc.arre.rfi'Tr a rl,O$?'r 9i' CJS .� ;,� .Myl.rk rea r ► 1; p.\yrai n@. r6,r.,.7 ryv `Jt � O �• ' !®a• o fk +a $,a�`•.,.•149uY M7 is 5 �y $r :S \_Fr9( 9 %®r�tiwu A Scott Sadowsky, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss• Hartford COUNTY OF HARTFORD On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides In the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 7 • AleKta « Scull E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 10, 2009 Signed and sealed at the City of Hartford. rrar�, t ^ttn,� `ate C�,,- S '1 V �'LY :--� �wma�'`yrr!a�,R!pe•r r. l mJ1 l.«ly f�+f t 2 *s f jlo,{air l$l rai► � 9•% „ 1070 i + �s = try I979 (-/1cj `”. . Gary W. Stumper, Assistant Vice President ASSETS U.S. Government Bonds ............. Bonds of other Governments ........ State, County, Municipal and Miscellaneous Bonds ...... Stocks ........................ Short Term Investments ............. $ 7,263,229 7,000,000 ... 1,827,995,347 191,280,108 7,408,974 $ 2,040,947,658 Real Estate ............................... Cash........ ............................... Agents' Balances (Under 90 Day...... Other Invested Assets ................... Miscellaneous ............................ Total Admitted Assets ................. 76,036 2,648,151 120,879,307 $ 2,164,551,152 LIABILITIES Reserve for Claims and Claim Expense......... Reserve for Unearned Premiums .... Reserve for Taxes, License and Fees ...................... Miscellaneous Liabilities ............. Total Liabilities ...................... Capital Paid In $ 4,800,000 Surplus .......... 915,419,568 $ U6 �� r .. . 09 914,419,488 278,653,363 10,462,383 40,796,350 $ 1,244,331,584 Surplus as regards Policyholders... $ 920,219,568 Total Liabilities, Capital and Surplus ................. $ 2,164,551,152 STATE OF CONNECTICUT COUNTY OF HARTFORD SS. CITY OF HARTFORD Colleen Mastroianni, Vice- President, and Patricia A. Murrone, Assistant Secretary of the Hartford Casualty Insurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial condition as of December 31, 2007. Subscribed and sworn to before me this 5th day of March, 2008. Scott E. Paseka Notary Public My Commission Expires October 31, 2012 Form CS -19 -37 HC Printed m U s A Colleen Mastroianni, Vice- President Patricia A. Murrone, Assistant Secretary Bond No. 13BCSF09719 Bond Fee: S & L SQcialty Contracting Inc.,,_ as principal ( "PRINCIPAL ") and Hartford Casualty Insurance Companja corporation incorporated under the laws of the State of Indiana and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum oftWO hundred ft tyyandgno /100us'J 638.250Adollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in Specifications No. RSI g8c22 (Group 30) _ _ ( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. 1. PRINCIPAL will construct the public improvements identified in Specifications No.-RSI 08 -22 (Group 30) and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (city Drawing File No. RSI 08 -2 (Group 30) ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of Specifications No. RSI 08 -22 (Group 30), or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such LABOR AND MATERIALS RnNi) CsrtificaltG PUMalant to 995.640(a) Code of Civil Procedure I, QEANI C. l_CCAN, County Clerk of the County Of State: of California, is ana for said County DO HE"rtEIT" CERTIFY THAAJ has a Gehl lCiit% Oi hUfiiO:`i ab ati d-0 ",.,d swety issaiad by .he California Insuranc*- carnimsslOils? 2 itMormlo T� e i(Y ' rcr to brans act suiety Insurance in the Stare of Galirowla,, a,iu tear OdSa~ti on lth� records, Shown ivt tt� 0epartment of Insurance vvebmc! ui, l H:utncntY na, not caen surrendered, (QVOKeG, canceled, atnnullea, ur �u5,. nose In Yesm' -w y siei -eUf I nay ;o and band athx(Aa the seal of said County un COUNTY CLERK $Y, ---- -- Deputy County Cleric ASHERLOCK 3 o change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full forte and effect. SIIGNED AND SEALED this loth S & L SdVcia�ty contracting Inc. .. R, _ _, i, ' 'at W ECRETARY day of April r M '' Hartford ualty /lnsurince C gany URETY's ik :E -f Pamela j. Boyle —VA Attorney -in -fact SURETY'ktCTIARY Lisa Nosal, Attorney -in -fact S &I- Specialty Contracting, Inc, 100 Enterprise Drive 315 South Franklin Street . Rockaway, NJ 07866 Syracuse, MY 13202 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. t State of New Jersey ] -ss County of Passaic ACKNOWLEDGEMENT OF SURETY On April 10, 2009, before me personally came Pamela J. Boyle to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Hartford Casualty Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: Notary Public JEAN WALIKY NOTARY PUBIJCOF NEW JERSEY COMM MY EXPIRES OCTOBER 10, 2012 ACKNOWLEDGEMENT OF SURETY State of New Jersey ] I-ss County of Passaic ] On April 10, 2009, before me personally came Lisa Nosal to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Hartford Casualty Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: Notary Public JEAN WAUKY NOTARY PURLCOF NEW JERRY my GOMM EKPIRES OCTOBER %AV 390 .3 Direct Inquiries /Claims to: THE HARTFORD "'WE"R TT'I"RN' BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860 -757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 13- 652046 n l 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 of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 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 "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Michael S. Culnen, Pamela J. Boyle, Lisa Nosal, Lours A. Vlahakes, Robert E. Culnen of Totowa, NJ 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 executing 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 January 22, 2004 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. �y 87 0 1 a � +�`roR.notv.. �aa0nta ;. p979 e f 'v,�• I9Y9 r.�AM!►'�* v.S ' p•'�d`j'': ' ®��6 a y'�e�'uiN.S "� 4nrf ���'. Scott Sadowskyy, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss, Hartford COUNTY OF HARTFORD On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides In the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he 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 he signed his name thereto by like authority. .A •Mt° . Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of April 10, 2009 Signed and sealed at the City of Hartford. ,y+a+• ° fOf..tarrs �in s tia�i Lys s st0"�u'e�� i o `., �`hr.nrdr`t��,r 7�pt�f' wy11874 � 'r•®' 177 � ��t9i9 t, Gary W. Stumper, Assistant Vice President' ASSETS U.S. Government Bonds ................ Bonds of other Governments ........... State, County, Municipal and Miscellaneous Bonds ........ Stocks.......................... Short Term Investments ................ Real Estate ............................... Cash........ ............................... Agents' Balances (Under 90 Day..... Other Invested Assets .................. Miscellaneous ........................... Total (Admitted Assets $ 7,263,229 7,000,000 1,827,995,347 191,280,108 7,408,974 $ 2,040,947,658 76,036 2,648,151 1 20,879,307 $ 2,164,551,152 LIABILITIES Reserve for Claims and Claim Expense......... Reserve for Unearned Premiums ..... Reserve for Taxes, License and Fees ...................... Miscellaneous Liabilities ............. Total Liabilities ...................... Capital Paid In $ 4,800,000 Surplus .......... 915,419,568 $ 914,419,488 278,653,363 10,462,383 40,796,350 $ 1,244,331,584 Surplus as regards Policyholders... $ 920,219,568 Total Liabilities, Capital and Surplus ................. $ 2,164,551,152 STATE OF CONNECTICUT COUNTY OF HARTFORD SS. CITY OF HARTFORD Colleen Mastroianni, Vice - President, and Patricia A. Murrone, Assistant Secretary of the Hartford Casualty Insurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial condition as of December 31, 2007. Subscribed and sworn to before me this 5th day of March, 2008. Scott E. Paseka Notary Public My Commission Expires October 31, 2012 Form CS -19 -37 HC Printed in ti s A Colleen Mastroianni, Vice- President �[L l _-a <A- ,A Patricia A. Murrone, Assistant Secretary