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HomeMy WebLinkAboutC03-214 B&B ExcavatingENGINEERING DEPARTMENT (970) 328-3560 FAX (970) 328-8789 TDD (970) 328-8797 -~ _, ,,~. a ,:- x~: _ f~iGL~ COUNTY, COLO~RfiDO NOTICE OF AWARD August 5, 2003 B&B Excavating, Inc. P.O. Box 1729 Edwards, CO 81632 EAGLE COUNTY BUILDING P.O. Box 850 550 Broadway Eagle, Colorado 8163 I -0850 Re: Miller Ranch Road/Highway 6 Intersection Improvements Please be notified that on August 5, 2003 the Eagle County Board of County Commissioners awarded the above referenced project to B&B Excavating in the amount of $546,953.21. Enclosed please find four copies of the contract documents including the agreement. In ~ - accordance with Section 18 of the Instructions to Bidders, you are to execute all four copies of the Agreement, attach the Payment Bond, Performance Bond, and Proof of Insurance required by the documents, and return all four copies to Eagle County within fifteen (15) days. ~ EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS ~ ¢~~-f C~ O e 2 co '~ ~~ - -e TOM C. STONE, CHAIRMAN PRO-TEM xc: Chrono/file ^ ' AGREEMENT THIS AGREEMENT is dated as of the ~~day of in the year 2003 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and ' Oldcastle SW Grou ,Inc. P d.b.a. B&B Excavating ' (hereinafter called CONTRACTOR) ' OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: 1 Improvements on State Highway 6 at the intersection with Miller Ranch Road ARTICLE 2 -ENGINEER The Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 -CONTRACT TIME ^ 3.1 The work will be substantially completed on or before November 21, 2003, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before December 26, 2003. 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. ^ Agreement Page 1 • n U They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Six hundred forty dollars ($640.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Bid Item No. Index Item No. Descri tion Q Unit Unit Price Amount 1 201 Clearing and Grubbing 1 LS $4,761.60 $4,761.60 2 202 Removal of Pipe 1 EA $6,266.49 $6,266.49 3 202 Removal of Asphalt Mat 610 SY $5.21 $3,178.10 4 202 Removal of Pavement Marking 2530 SF $2.10 $5,313.00 5 202 Removal of Ground Sign 8 EA $56.32 $450.56 6 202 Removal of Fence 190 LF $3.60 $684.00 7 202 Removal of Delineator 4 EA $29.92 $119.68 8 202 Sawing Asphalt Mat 4210 LF $1.58 $6,651.80 9 203 Embankment Material (Complete in Place 1604 CY $48.57 $77,906.28 10 207 Topsoil (Complete in Place) 857 CY $25.38 $21,750.66 11 208 Erosion Log (Special) 1417 LF $7.82 $11,080.94 12 208 Erosion Control Supervisor 1 LS $1,248.00 $1,248.00 13 210 Reset Structure 2 EA $4,572.33 $9,144.66 14 210 Reset Fence 0 LF $0.00 $0.00 15 212 Seeding (Native) 1.54 AC $2,047.50 $3,153.15 16 213 Mulching 1.54 AC $695.10 $1,070.45 17 304 Aggregate Base Course (Class 6) 3140 CY $32.12 $100,856.80 18 403 Hot Bituminous Pavement (Grading SX) (Asphalt)(75)(PG 58-28) 950 Ton $40.93 $38,883.50 19 403 Hot Bituminous Pavement (Grading SX) (Asphalt)(75)(PG58-34) 490 Ton $48.58 $23,804.20 20 603 18" Corrugated Steel Pipe (Complete in Place) 8 LF $77.21 $617.68 ' Agreement Page 2 Bid Item No. Index Item No. Descri tion Q Unit Unit Price Amount 21 603 18" Corrugated Steel Pipe, Flared End Section (Complete in Place) 1 EA $273.75 $273.75 22 603 18" Reinforced Concrete Pipe (Complete in Place) 215 LF $48.30 $10,384.50 23 603 18" Reinforced Concrete End Section (Complete in Place) 2 EA $734.26 $1,468.52 24 603 24" Reinforced Concrete End Section (Complete in Place) 1 EA $719.43 $719.43 25 603 24" Reinforced Concrete Pipe (Complete in Place) 83 LF $125.30 $10,399.90 26 604 Manhole (Slab Base) (15 Foot) 0 EA $0.00 $0.00 27 604 Inlet Type R L 5 (5 Foot) 2 EA $4,572.44 $9,144.88 28 609 Curb and Gutter Type 2 (Section II-B) 814 LF $14.70 $11,965.80 29 612 Delineator (Type I) 10 EA $15.75 $157.50 30 612 Delineator (Type II) 20 EA $17.85 $357.00 31 612 Delineator (Type III) 4 EA $21.00 $84.00 32 614 Sign Panel (Class n 63 SF $15.75 $992.25 33 614 Steel Sign Post (P1) 59 LF $31.50 $1,858.50 34 620 Sanitary Facility 1 EA $183.75 $183.75 35 625 Construction Surveying 1 LS $3,045.00 $3,045.00 36 626 Mobilization 1 LS $23,001.40 $23,001.40 37 627 Epoxy Pavement Marking 53 Gal $78.75 $4,173.75 38 627 Preformed Plastic Pavement Marking (X-Walk)(60 Mil) 24 SF $12.60 $302.40 39 627 Preformed Plastic Pavement Marking (Word-Symbol)(60 Mil) 214 SF $15.75 $3,370.50 40 629 Survey Monument (Temporary) 23 EA $16.21 $372.83 41 630 Traffic Control Management 1 LS $2,520.00 $2,520.00 42 630 Construction Traffic Sign (Panel Size A) 2 EA $42.00 $84.00 43 630 Construction Traffic Sign (Panel Size B) 2 EA $42.00 $84.00 44 630 Construction Traffic Sign (Panel Size C) 8 EA $42.00 $336.00 45 630 Flagging 1 LS $1,932.00 $1,932.00 46 630 Traffic Cone 100 EA $5.25 $525.00 47 630 Mobile Pavement Marking Zone 1 LS $525.00 $525.00 48 614 Alternate Traffic Signal 1 LS $141,750.00 $141,750.00 TOTAL $546,953.21 Agreement Page 3 ~ • • ' ARTICLE 5 -PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ^ 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis o f t he p rogress o f t he w ork m ensured b y the s chedule o f v alues p rovided f or i n paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and. complied with Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. ^ Agreement Page 4 ^ • • 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6:2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, a nd i n accordance with other terms and c onditions of the Contract Documents; and no additional examinations, investigations, tests reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7 -CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 7, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 6, inclusive). 7.4 Performance and other Bonds, identified as exhibits ,and consisting of pages. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 41, inclusive). 7.7 Colorado Department of Transportation's Standard Specifications for Road and Bridge Construction, 1999 7.8 Eagle County's Revisions to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, 1999 ' Agreement Page 5 ' 7.9 Project Drawings 7.10 Addenda numbers 1 to 2 ,inclusive. 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages _ to _, ' inclusive). 7.12 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Article 1 of the General Conditions). ' ARTICLE 8 -MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. ' 8.2 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party h ereto without the written c onsent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless ' specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEE5: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ' 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All ' Agreement Page 6 s • portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR, or by ENGINEER on their behalf. This Agreement will be effective ATTEST: 2003. OWNER: 0~` ~~~ o0 ~" ~~ COUNTY OF EAGLE, STATE OF ~ COLORADO, By and Through Its ~ ooep~~yo BOARD OF ~OUNTY~OMMISS ~~~°i~/G~ ~~ e J. Simonton, ' Clerk to the Board of County Commissioners By: Chairman CONTRACTOR: OLD CASTLE SW GROUP, INC. dba B&B EXCAVATING By: Name: t/~v~ ~A~ Title: ~ , o. a . ,`fi a P w,,~~ STATE OF COLORADO ~ CORD`°• ~. County of ) ~ ~ t ~_ ` .° The foregoing was acknowledged before me this / ~ ~ day of ~UG~ ~%0~0 '• ~RAQ,O • • + "'~ .~~` 2003 by ~q~GNnd P~GK as G. ~, ®, of ~ ~=.(~ ~''.'11b ~~~~~`. +uni+- WITNESS my hand and official seal. My commission expires .~/2~y `~ ~~ ~~~s~ 0a,mo~©®a ®`~®~~~~d mo °~ ~ ~ o® ~ o~Notary % ' ®o ~=~ aao 7 ~, 4tl p~P ` a o ` j~) t _ ' Agreement Page 7 ~ SURETY ~ ~ PERF P:MANCE BOND O ' Bond Number: SB0085117 ' ®XL Specialty Insurance Company xL surety 25 Independence Blvd. ^ XL Reinsurance America Inc. suite X03 ^ Greenwich Insurance Company warren, New Jersey 07059 ° KNOW ALL MEN BY THESE PRESENTS: That we OLDCASTLE SW GROUP, INC. DBA B&B EXCAVATING ' (hereinafter called the Principal), andXL Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of Delaware , (hereinafter called the Surety), are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY (hereinafter called the Obligee) in the penal sum ' of FIVE HUNDRED FORTY SIX THOUSAND, NINE HUNDRED FIFTY THREE AND 21/100 Dollars ($ 546,953.21), lawful money of the United States of America, for the payment of which, well and truly be made, we, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has by written agreement dated entered into a contract with Obligee for MILLER RANCH ROAD AND HIGHWAY 6 INTERSECTION IMPROVEMENTS in accordance with drawings and specifications prepared by ,which contract is by reference made a part thereof, and is hereafter referred to as the Contract. Now, Therefore, the condition of this obligation is such that, if the Principal shall promptly and faithfully perform ' said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be and declared by Obligee to be in default under the Contract, the Obligee having ' performed Obligee's obligations thereunder, and having terminated the Principal's rights to complete the Contract, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a contract between ' such bidder and Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable ' hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract and any amendments or changes thereto, less the amount properly paid by ' Obligee to Principal, or (3) Waive its right to complete the Contract or arrange for completion of the Contract and allow the Obligee to complete or arrange for completion of the Contract in accordance with its terms and conditions. In the event the Surety elects to allow the Obligee to complete or arrange for completion of the Contract, Surety shall make available sufficient funds to pay the cost of completion less the balance of the contract price as defined in (2) above, but not exceeding; ' including other costs and damages for which the Surety may be liable, the penal sum of the bond set forth above or shall deny liability in whole or in part and notify the Obligee of the reasons therefore. Any suit under this bond must be instituted before the expiration of two (2) years from the date of completion and acceptance of the Contract irrespective of the date of discovery of defects or deficiencies in the Principal's or completion contractor's performance of the Contract. ' SB-0108 (rev. 10/02) • No right of action shall accrue on this bond to or for the use of any person or corporation other than tf2~~(TA~ ~ei~i named herein or the heirs, executors, administrators or successors of the Obligee. ~~.~`~t~0~, ; ~NC~ Signed, sealed and delivered this 11TH day of August, 20 03. = J :'~, ~9 • ~~ cn , 1q OLDCASTLE SW GROUP, INC. : ~ ~ ~' ,v•O DBA B8oB EXCAVATING ~'%~j~•~ORano .: (V1litness) ~~~ (Witness) ~d ~ i m-~~ By XL Specialty Insurance Company (Surety) (Seal) By KAREN HONE ,Attomey-in-Fact (Surety) (Seal) (Witness) By ,Attomey-in-Fact SB-0108 (rev. 10/02) 2 ~~ ~ ~~ SURETY ! ~ ~~ PAYMENT BOND LABOR & MATERIAL Bond Number: SB0085117 ' ®XL Specialty Insurance Company xL Surety ^ XL Reinsurance America Inc. 25 Independence Blvd. Suite 103 ^ Greenwich Insurance Company Warren, New Jersey 07059 KNOW ALL MEN BY THESE PRESENTS: That we OLDCASTLE SW GROUP, INC. DBA B&B EXCAVATING (hereinafter called the Principal), andXL Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of Delaware , (hereinafter called the Surety), are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY (hereinafter called the Obligee) in the penal sum of FIVE HUNDRED FORTY SIX THOUSAND, NINE HUNDRED FIFTY THREE AND 21/100 Dollars ($ 546,953.21), lawful money of the United States of America, for the payment of which, well and truly be made, we, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. ' Whereas, the Principal has by written agreement dated entered into a contract with Obligee for MILLER RANCH ROAD AND HIGHWAY 6 INTERSECTION IMPROVEMENTS in accordance with drawings and specifications prepared by ,which contract is by reference made a part thereof, and is hereafter referred to as the Contract. Now, Therefore, the condition of this obligation is such that, if the Principal shall promptly make payment to all ' claimants as hereinafter defined, for all labor and material used or reasonably required for use in the pertormance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions. ' (1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material or both, used or reasonably required for use in the pertormance of the Contract, labor and material being construed to include that part of water, gas, power, light, ' heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ' ninety (90) days after the date on which the last of such claimants work or labor was done or pertormed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due ' claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit (3) No suit or action shall be commenced hereunder by any claimant: ~ a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Obligee, or the Surety above named, within ninety (90) days after such claimant did or pertormed the last of the work or labor, or fumished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were fumished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal ' process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which claimant performed the last of ' the work of labor, or fumished the last of the materials for which said claim is made, it being ' SB-0109 (rev. 10/02) understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which mfr e filed of record against said improvement, whether or not claim for the amount of s~ol~,~'~ ~~~~~,~ presented under and against this bond. ~~~`~ ~~•..•••••~ ~N ~'~, +.~~• CORPp~;•o~; Signed, sealed and delivered this 11TH day of August, 20 03. +~ ; ,~ 9~,,;y OLDCASTLE SW GROUP, INC. o l ••~; ~. DBA B&B EXCAVATING ~'~,~~ ••~RADO _.•~~''?,~`~~ err (Witness) By N I ld inun XL Specialty Insurance Company ` (Surety) (Seal) ~~ ~~ (Witness) By KAREN HONE ,Attomey-in-Fact (Surety) (Seal) (Witness) By ,Attomey-in-Fact ' SB-0109 (rev. 10/02) SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the "Act"). Under the Act, any covered losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which XL Specialty Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) THiS IS NOT A BOND NUMBER '" UNLIMITED POWER OF ATTORNEY ::: ;:. , , ~;{LSP~CI#~1~'1' XLS X7433 ~, KNOW ~!tLL fVfEN BY THESE PRESENTS, That the JCL,,SPEC1At.TY INSURANCE COMPANY, a corporation organized .and existing by virtue of the laws of the State of Delawnie ("Compars}r" nr"CorporatioMj, ~uitFt offk~s at ~`lridependence Blvd., Suits 103, Warren, New Jersey, 07059, does. hereby nominate, constitute and appoint; tins Davis, Jace Pearson, Dolls Mart/n, Kates Hvne, V/ak/5orettser- its true and lawful Attomey{s)-in-fact to make, execute, ,attest, seal and deliver for and on its behalf, as surety, and as tts act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof; the penal Sum of no one. of which is in any event to exceed $Unltmlfsd 00 .,:,., Such bonds and undertakings, when duly executed by the aforesaid Attorneys}in-fact shall be bindng 1~ott il1Fs Said. Comps a& fully andla the Sam ext~tt ~Yf such ,,. bonds and undertakings were signed by the President and Secretary of the Company slid sealed wig rt's~ctfrppxate settl This Power of Attomey is granted and is signed by facsimile underand by the authority of the folkstiVing h~"eolufl~n adYaptetl by ttf5 Linaid of F)ltectors,ofi the Company ..: _ ; on the 5u' day of December, 1988: _ ': :::. "RESOLVED, That the President, or any Vice President of site Company or any person desigrleted. by any one of:t~rem is hereby authorised to execute Powers of Attomey qualifying the attomey named In the given Power of Attomey to execute in behalf sf tdie Company, trantls, undertakings and all contracts of suretyship, and that any Secretary or any Assistant. Secretary of the Company be, and that each or any of them'hereby is authorized to attest the execution of any such Power of Attomey, and to attach thereto the Seai of the Company. ~11F2THER RESOI~11Efl, That the Slgn~turexff sttdFt titffCOrs:and the Seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto byfacsimile, antt`attyst#ctt Powetiif Attornej+ or certificate: bearing such facsimie signatures arfacslmile seal shall be thereafter valid and bindin upon the Com g par~ji S+~tYt. respieet to any;bond; undertaking or c:ontraGt of suretyship tq which it is attached." ,: , Bonds az~ewted under this Power of Attorrtey may ire executed titidar facsimile signature and seal pursuant to the following Resolution adopted by the Board of i Directors°:of.the Company om.AUgust7,19l~7. _ . ::.. .. esldart ofthis.Corporation; and the seal of this Corporation maybe affncad or printed an any aQ nd all bonds,. undertakings~rjreeogn~iaanc~s, or othe~written obligations thereof, on any revocation of any Power of Attomey, or on any certificate relating thareta, by facsimile, and any Power of Attomey, any revocation of any Power of Attomey, bands, ~ndertakings, recognizances, Cearficata orothe~wFitten obligation; bearing such facsimile signature or facsimile seal shall be valid and binding upon the ~rsrjioration ` IN WITNESS WHEREOF, file XL SPECIALTY tNSURANCE COMPANY has caused its corporate seal to be hereunto aff;'ced antl t#tesa presents lobe signed byes ;dory authorized officers thisJuly 22, 2003. - ,. .: XL ~P~IALTY INSIJR~NCe cvnnPAl+l'if" ,yam-' ~~ ~r . ~. . -` ~-rt ,SEAI,;;~ ~~~r~,ca ` BY PRESIDENT ,~,~0-.~..-~ ;. Attest:.. _ :. STATE OE NEW JERKY ' SECRETARY. COUNTY OF BERGEN On this 22nd day of July, 2003, before me personally came Nicholas M. Brown Jr. to me known, who, bamg duly sworn, drd d$pose and say:, that he. Is President of the Corporation described in and which executed the above instrument; that he' knows the seal of said Corporation that the sa'al affixed t4 fhe aforesakt mstrurt?ent is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Eomp;~ily artd thaf.he: executed the said instrument by like order. REBECCA CLAIRE %OLLHOFF • ° s',~,pT+uly ~• , Notary Public ,raw 5trrte of ATew Jersey 'ti,~tNt~ r ' ,;:.. bfy Commission E,Ypires 3/812007 STATE OF DELAWARE ,, , NOTARY PUBLIC COUNTY: QF (iJEW CASTLE :,. . .. I, Ben Ni. ~laneta, Secretary of the XL SPECIALTY lhl,9~RAf~ICI= COMPANY a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, Eros and correct copy of Power ofAttomey, issued by:said Company, and that I have compared same wtth the original and that f< is a correct transcript therefrom anti t7f ttte whole of the original and that the said Powdr`of Attornayjls stl{! in full forts and effect and has not been revoked. IN WITNJ_SS WHEREOF, I have hereunto set my Eland and affoeeii the seal of said Company, at the City of Wgmington, this 11,day-of AUGUST 20 03 . U 4OPPO~~m ~ SEAL 2333 ':i r :.- 'f!'.. S~G~R1=`f'ARY ...~._ .: :. ' '~ <.. This Power ofAttomey may not be used to execute any t-ond with an Inception date after lLUiv 22.2007