R05-014
II I
1 RESOLUTION NO. Ros-OIL{
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD
5 OF BID NO. #008-2413-05/JA FOR SENIOR
6 CENTER PHASE III RENOVATION IN THE
7 AMOUNT OF $428,000.00; APPROVING AN
8. 15% CONTINGENCY IN THE AMOUNT OF
i
91 $64,200.00 FOR A TOTAL PROJECT BUDGET
10 APPROPRIATION OF $492,200.00;
11 AUTHORIZING THE CITY MANAGER TO
12 EXECUTE CONTRACT DOCUMENTS; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, on November 30, 2004, two (2) competitive bids were
16 received, opened and reviewed by Procurement Services, for renovations to the
17 Senior Center; and
18 WHEREAS, the City Commission, upon recommendation of staff, deems it
19 to be in the best interests of the citizens and residents of the City of Boynton Beach,
20 to award this bid (#008-2413-05/JA), in the amount of $428,000.00, to CEM
21 Enterprises, Inc., as the lowest, most responsive, responsible bidder who meets all
22 specifications;
23 WHEREAS, the City Commission, upon recommendation of staff, deems it
24 to be in the best interests of the citizens and residents of the City of Boynton Beach,
25 to approve a fifteen (15%) percent owner's contingency in the amount of $64,200.00
26 for a total project budget appropriation of $492,200.00.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section I. The foregoing "Whereas" clauses are hereby ratified and
30 confirmed as being true and correct and are hereby made a specific part of this
31 Resolution upon adoption hereof.
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - 008-2413-05JA - Senior Center.doc
II I
i'
I The City Commission of the City of Boynton Beach, Florida,
1 Section 2.
2 hereby approves the award of Bid #008-2413-05JA, for the Senior Center Phase III
3 Renovations to CEM Enterprises, Inc., of Apopka, Florida in the amount of
4 $428,000.00; approves a fifteen (15%) percent owner's contingency in the amount
5 of $64,200.00 for a total project budget appropriation of $492,200.00 and does
6 hereby authorize the City Manager to execute a contract between the parties.
7 Section 2. That this Resolution shall become effective immediately.
8 PASSED AND ADOPTED this I day of February, 2005.
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22 ~m' sioner
23 . ~, ~~CÅ ,
24 )
25 ATTEST: V~ Commissioner
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28 C y Clerk
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S:\CA\RESQ\Agreements\Bid Awards\Award of Bid· 008-2413-05JA - Senior Center doc
CONTRACT Ros -OIL./
BID TITLE: SENIOR CENTER PHASE III RENOVATION
-
BID NUMBER: #001l-241l_0"i/.T A
PROJECT NUMBER: CP04'n
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 1st day of FehrIH";Y, 200'1, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
or "OWNER" and CF.M RNTF,RPRTSRS, TNC
a Florida Corporation LX-.J Check One
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
hereinafter called "CONTRACTOR".
WTTNRSSRTH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
SRNTOR CRNTRR PH ASR HT RF,NOV A nON
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the .lIlth day of Novemher. 2.Illlii, for the total bid amount of
$ 4211,000 00; and,
WHEREAS, On the 1st day of FehnH'ry, 2.WlS, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and authorized the
execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 150 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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CONTRACT
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Technical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
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CONTRACT
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Proj ect Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS. Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
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CONTRACT
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 150
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
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CONTRACT
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $ "i00 00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 150
calendar days from the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the right to deduct said liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
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CONTRACT
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTNES/CHANGE ORDERS.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
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11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is CH2M HH ,J '.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shalJ make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shalJ be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-I7, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, folJowed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are ofthe essence of the Contract.
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CONTRACT
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision. 0~
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
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CONTRACT
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Attest:
o~-
Signed, sealed and witnessed CEM ENTERPRISES, INC.
in the ~ence of:
r:m~ C~
State of Florida )
) ss:
County of Pal Hi IltH1fl<3 DffiY\q~ )
On this \ I day of ~brLLCV'~ ' 20.D5, personally appeared before me, duly authorized
to administer oaths, C rarlp~ ~~ known to be the
persons described herein or who has produced ~~ t:.Y\rrun1. as
identification and who executed the foregoing instrument and has ackrlowledged before me that
they have executed same.
My Commission Expires:
~~C0~
~'" Linda C Richardson
. " . My Comn\iIIiOn D01M482
'r:-;.1 expnaAprll215.2007
C - 6
Rev. 12/30/03
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We CEM Enterprises, Inc. ., as Principal
and Hartford Casualty Insurance Co. , a corporation, as Surety, are
bound to (;ity of Roynton Re:lc'h, herein called Owner, III the sum of
$ 4 28.000. 00 , for payment of which we bind ourselves, our heirs,
personal representatives, successors. and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , between Principal and Owner
for construction of Senior Center Phase III Renovation , the contract being
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
5. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under
this bond.
DATED ON February 16, 2005
CEM Enterprises. Inc.
(Name of Principal)
BY: ~~
Hart ord Casualty ;I:nsurance Co.
uston R. ~f'iIft'1, OA~
THIS FORM SHAU. BF, F,XF,ClJTF,D BY CONTRACTOR ANn SIJRMJTTED
WITH FINAL APPUCATJON FOR PA VMF,NT
WT-l Rev. 10/28/03
--
m Hartford Fire Insurance Company
m Hartford Casualty Insurance Company
m Hartford Accident and Indemnity Company
D Hartford Underwriters Insurance Company
I nr:. nAI"( I rUKU
HARTFORD PLAZA
HARTFORD, CONNECTICUT 06115
Twin City Fire Insurance Company 0
Hartford Insurance Company of Illinois 0
Hartford Insurance Company of the Midwest 0
Hartford Insurance Company of the Southeast D
.
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and 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:
James B. Newman, Huston R. Crane, Michelle S. Delaney, Steven E. Buckner
of
Orlando, FL
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 [gI, 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 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.
0.
\t: I".
. .
fJ .Ot. ~
Paul A. Bergenholtz, Assistant Secretary
John P. Hyland, Assistant Vice President
STATE OF CONNECTICUT}
55. Hartford
COUNTY OF HARTFORD
On this 19th day of September, 2000, before me personally came John P. Hyland, 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.
p~~~~
Notary Public
My Commission Expires June 30, 2004
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 Attomey executed by said Companies, which is still in full force effective as of :February .1 P , 2005
Signed and sealed at the City of Hartford.
~~
Colleen Mastroianni, Assistant Vice President