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CONSTRUCTION CONTRACT SIXTH STREET RECONSTRUCTION - 2006 dated this 6th of 2006 by and between the of Mosc<)W, municinai of the State of Idaho and S & S Co:ntriivAtv to the at the followino Contractor: S & S Inc. P.O. Box359 Li!'!IIWail, II) 83540 of Moscow P.O. Box 9203 Moscow, !D 83843 PAGE ·CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTIClE 14. EXECUTION IN WiTNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year firs! above written. ACKNOWlEDGMENT State of ) ĴĵĶ-. ss ) appeared Shawn Spencer John Schacher known to me to be the President and Secretary/Treasurer of S & S Contracting, Inc. described in the above document and acknowledged to me executed the same. PAGE 4 $CONSTRUCTION CONTRACT ---PAGE BREAK--- Ma 31 2006 !1:16AM HP LASERJET 3330 TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: 6/1/06 This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for SIXTH STREET RECONSTRUCTION 2006, specified herein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the tenns and prices herein submitted. I. All project specifications and drawings examined by the undersigned and their tenns and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration ofthe contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions ofth:is proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. Bid Proposal- Page 1 of 5 p. 3 ---PAGE BREAK--- Ma 31 2006 11:20AM HP LASERJET 3330 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Number 1 through 1 have been delivered to him and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. I 0. The undersigned holds Idaho State Contractor's License Number 13990-AA-4 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB-16: Subcontractors Trade Specialty Idaho Public Works License No. $Amount p. 1 a. Poe Asphalt - Paving/Concrete 12496-MA-2 $ 196,867.50 b. MA SWeeping - Grinding 12688-B-4 $ 12,833.55 c. 12. The undersigned proposes to fum ish labor, materials, equipment and services of all kinds required for SIXTif STREET RECONSTRUCTION 2006, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule of contract prices as follows: Bid Proposal- Page 2 of 5 ---PAGE BREAK--- Maı 31 2006 !1:21AM HP LASERJET 3330 p.2 BID SCHEDULE 6th Street Resurfacing - Project No. 109-004 Item Item Description Quantity Unit Price Total Price f;J:.JJl No. & Unit 39 193.t0 1. Excavation by Cubic Yard 4104 CY $ 9.55 $ 39', 164. 55 2a. Remove and Dispose of Bituminous Surface l:>y Square Yard 7505 SY $ 2.95 $ 22,139.72__ Remove and Dispose of Cone. S.W ./Driveway by Square 2b. Yard 247SY $ 5.00 $ 1,235.00 2c. Remove and Dispose of Concrete Curb by Lineal Foot 3940 LF $ 2.95 $ 11,623.00 2d. Remove and Dispose of Catch Bas in per Each 12 EA $ 350.00 $ 4,200.00 3a. Catch Basin per Each 17 EA _L 875.00 $ 14,875.00 4a. 4-lnch PVC Storm Pipe by Lineal Foot 16 LF $ 50.00 $ 800 00 4b. 6-lnch PVC Storm Pipe by lineal Foot 7 LF $ 65.00 $ 455.00 4c. 8-lnch PVC Storm Pipe {CI. by Lineal Fool 673 LF $ 38.25 $ 25,742.25 4d. 8-lnch PVC Storm Pipe (CI. by Lineal Foot 33LF $ 64.00 $ 2,112.00 4e. 6-lnch Per forated Drain Pipe by Lineal Foot 553 LF $ 14.05 $ 7,769.65 Sa. 4-lnch PVC Sanitary Sewer Pipe by Lineal Foot 108 LF $ 28.42 $ 3,069.36 5b. 6-lnch PVC Sanitary Sewer Pipe by lineal Foot 225 LF $ 29.80 $ 6,705.00 6. Replace Sanitary Manhole per Each 1 EA $ 1,850.00 $ 1 8.50 00 7. 6-lnch Ductile Iron Water Main by Lump Sum 1 LS $ 68,732.00 $ 68,732.00 8. Replace Water Service lines by lineal Foot 389LF $ 33 55 $ 13,050.95 9a. Concrete Curb and Gutter by L ineal Foot 4036 LF $ 12.00 $ 48,432.00 9b. Concrete Curb by lineal Foot 23 LF $ 27.00 $ 621.00 10a. Concrete Sidewalk by Square Yard 19 SY $ 48.50 $ 921.50 10b. Concrete Pedestrian Approach by Square Yard 8 0SY $ 155.00 $ 12,400.00 10c. Concrete Driveway Approach by Square Yard 274 SY $ 58.00 $ 15,892.00 10d. Concrete Alley Approach by Square Yard 140SY $ 58.00 s 8,120.00 Bid Proposal - Page 3 of 5 ---PAGE BREAK--- Ma 31 2006 !1:21AM HP LASERJET 3330 p. 3 11a. 1-1/4 Inch Aggregate Sub-Base by Ton 2424 Ton $ 10 55 $ 25 573.20 11b. 3/4 Inch Aggregate Base by Ton 2245 Ton $ 12.25 $ 27,501.25 11c. Geotextile Fabric by Square Yard 6430 SY $ 2 00 $ 12.860.00 12a. Plant Mix Paving, Bas e Course by Ton 1009 Ton $ 67 9_0 $ 68 511.10 12b. Plant Mix Paving, Surface C ourse by Ton 605 Ton $ 68,75 $ 41 593.75 12c. Misc. Plant Mix Paving by Square Yard 242 SY $ 25.00 $ 6,050.00 13. Storm Sewer Manhole per Each 1 EA $ 1,850.00 $ 1 , 850. 00 14. Topsoil by Cubic Yard 150 CY $ 35.00 $ 5 250.00 15a. Adjust Manholes (Schedule I) per Each 12 EA $ 450.00 $ 5,400.00 15b. Adjust Manholes (Schedule II} per Each BEA $ 750.00 $ 6,000.00 15c. Adjust Manholes (Schedule Ill) per Each 4 EA $ 550.00 $ 2,200.00 15d. Aclj us! Catch Basin per Each 1 EA $ 350.00 $ 350.00 15e. Adjust Valve Boxes per Each 12 EA $ 200,00 $ 2,400.00 16. Traffic Control by Lump Sum 1 LS $ 12.900.00 $ 12,900.00 17. Mobilization by Lump Sum 1 LS $ 27,690.00 $ 27,690.00 513& 067. 9(,11>ti. TOTAL $ 55O, 939. 31 Bid Proposal - Page 4 of 5 ---PAGE BREAK--- Ma 31 2006 !1:24AM HP LASERJET 3330 S & S Contracting, Inc. Signature of Bidder Shaum Spencer - President Official Title SEAL (Jf incorporated) Dated at Lewiston, Idaho P.O. Box 359 - Lapwai, ID 83540 Mailing Address 13990-M-4 Public Works License No. Idaho State of Incorporation if Incorporated This 1st day of Jun_e 2006. Bid Proposal - Page 5 of 5 p. 1 ---PAGE BREAK--- BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS, That we, S & S Contracting, Inc. Bond No. i _ as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Moscow as Obligee, hereinafter called the Obligee, in the sum of Dollars 5% of Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Sixth Street Reconstruction 2006 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of f(?\litness) 2006 TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA Printed in cooperation with the American Institute of Architects (AlA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AlA Document A310, February 1970 edition. 8- I 869-G {07 -97) ---PAGE BREAK--- WARNING: TH!S POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER • STPAUL TRAVELERS POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 214684 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 Certificate No. 0 0 0 1513 3 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, 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, Tmvelers 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 Cheryl Ashby, Della J. Allen, James M. Hewitt, Karol J. McBride, Lisa Smith. Phil Stonebraker, Vonda Hall. and Robert E. Keller of the City of Clarkston , State of Washington , their true and lawful Attorney(sHn-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 Qfedjin anr ·ajilons 0{ 1!¦Ceedings allowed by law. 22nd IN WITNESS WHEREOF, the Companies have caused this instmƶ to be,_signeil and_¥if;:corporate seals to be hereto affixed, this d f February :2006 , 6 - · > ay 0 'r State of Connecticut City of Hartford ss. Farmington Casualty CoJUpiinY· Fidelity and Guaranty b.SUr§ct, 6odipany<> Fidelity and Guaranty Insufaiite ' 'Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company By: 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 On this the 22nd day of February 2006 , 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., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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, 2006. 58440"9·05 Printed in U.S.A. c. j Mane C. TeueaulL Notary Public WARNING: THI POWER OF ATIORNEY IS INVALID WITHOUT THE RED B ROER ---PAGE BREAK--- 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., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chainnan, the President, any Vice Chainnan, 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 narure 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 Chainnan, 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 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 duly executed (under seal, if required) by one or more Attomeys¥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. L Kori M. Johanson. the undersigned,Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurancy Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and S¦§-Q"¨_(2dm.Pany·£tJmeri_©'\: -²d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Pow.ª«.gf¬ttOrney,.ebuted b;;.,s 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 Chainnan. 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 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 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 Attomeys¬in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuranc Cgmpany® St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sun;Jy ¯9ffipany °'t!±meric².-apd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Pow;r qfl}.tt0rneY::-,³e&ufed b´(s3.l(i':<:ompanies, which is in full force and effect and has not been revoked. 5- IN TESTIMONY WHEREOF, I have hereunto set my hand To verify the authenticity of this Power of Attorney, call l-[PHONE REDACTED] or contact us at www.stpaultravelersbond.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 !S !NVAUD WITHOUT THE RED BORDER ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS I . . A/A Document A312 Bond No. I 04686864 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): S & S Contracting, Inc. Travelers Casualty and Surety Company of America PO Box 359 Lapwai, ID 83540 OWNER (Name and Address): City of Moscow PO Box 8203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: 06/07/06 Amount: $556,067.96 Description (Name and Location): BOND 707 West Main St., Ste. 300 Spokane, W A 9920 I Sixth Street Reconstruction 2006 Date (Not earlier than Construction Contract Date): 06/07/06 Amount: $556,067.96 Modifications to this Bond: CONTRACTOR AS PRINCIPAL 00 None SURETY D See Page6 Comany: . (Corporate Seal) S Co aning, c » / Signatur"!: - Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature: Name a.1d Title: Name and Title: Shawn Spencer Della J. Allen Attorney In Fact (Any additional signatures appear on page 6) President (FOR I NFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or STONEBRAKER McQUARY AGENCY GROUP other party): PO Box9 CLARKSTON, WA 99403 (509)758-5529 AlA DOCUMENT A312 ·PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED-A!A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., IN W. WASHINGTON, D.C. 20006 THIRD PRINTING- MARCH 1987 A312-1984 4 ---PAGE BREAK--- WARNING: TH!S POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER MSTPAUL NTRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 214684 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 Certificate No. 0 0 0 1513 3 8 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the Jaws of the State of New York, 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 FideHty 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 Cheryl Ashby, Della J. Allen. James M. Hewitt, Karol J. McBride, Usa Smith, Phil Stonebraker, Vonda Hall. and Robert E. Keller of the City of Clarkston , State of Washin!!t°)O , their true and lawful Attomey(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 ted" in any' aPtJ:ons or J?_fuceedings allowed by law. 22nd IN WITNfED Y EREOF, the Comp:;2BC have caused this inst:ru-tO'be sig?ed afld.I't·oorporate seals to be hereto affixed, this789:- day of , . y • State of Connecticut City of Hartford ss. Farmington Casualty Co¤p;.py . , Fidelity and Guaranty lnsUranct; Corilpany;}< Fidelity and Guaranty lnc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 22nd February 2006 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., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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, 2006. 58440-9-05 Printed in U.S.A we ;;.hrie C. Tdreanlt. :-i