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848-CPH Constructors-Memorial S 26)) OCT -& AH I1:221 OWNER/CONTRACTOR AGREEMENT THIS AGREEMENT MADE AS OF THE 6_th DAY OF October A.D., 2000 BY AND BETWEEN: CPH CONSTRUCTORS, LLC (herein called the "Contractor"); and City of Sanford (herein called the "Owner") for HISTORIC SANFORD MEMORIAL STADIUM ADDITIONS AND RENOVATIONS WITNESSETH THAT: Contractor and Owner for consideration hereinafter named agree as follows: ARTICLE 1. THE CONSTRUCTION CONTRACT DOCUMENTS Construction Contract Documents consist of the Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Form of Agreement, General Conditions of the Contract for Construction, Supplementary Conditions, Specifications, Drawings, Addenda (if used) issued prior to and modifications issued after execution of this agreement. These form the Contract, and are as fully a part of the Contract as if attached to this agreement or repeated herein. An enumeration of Contract Documents appears in Article 11. If anything in the Contract Documents is inconsistent with this agreement, this agreement shall govern. The Contractor shall warrant that he has reviewed the Plans and Specifications for consistency, adequacy, and constructability. ARTICLE 2. THE WORK Contractor shall perform work required by Contract Documents of Sanford Memorial Stadium, Additions and Renovations, Sanford Florida as prepared by The Scott Partnershil~ Architecture (herein called the Architect), ARTICLE 3. TIME OF COMPLETION Work to be performed under this Contract shall commence within seven (7) calendar days after the signing, execution and delivery to the Contractor of this Agreement, which date is established as the Commencement Date in the Notice to Proceed, and shall be completed as quickly as reasonably possible, with Substantial Completion within a twelve month period. In the event that the contractor is unable to complete said contract on time, contractor is liable for liquidated damages to accumulate at a rate of $250.00 (two hundred and fifty dollars) per day beyond twelve months of the notice to proceed until substantial completion, and then $50 per day from substantial completion to final completion after the expiration of the 30 day punch list period. Time is of the essence in this agreement. If the contractor be delayed at any time in the progress of the work by any act or omission of the Owner or Engineer, or of any employee of the Owner or Engineer or by any other contractor employed by .the Owner, or by changes ordered in the work, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any causes beyond the contractor's control which would not reasonably be expected to occur in connection with or during performance of the work, or by delay authorized by the Owner pending a decision, or by any cause which the Owner shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the Owner may decide. It is further expressly understood and agreed that the contractor shall not be entitled to any damages or compensation, or be reimbursed for any losses, on account of any delay or delays resulting from the any of the aforesaid causes or any other cause whatsoever. ARTICLE 4. CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract the sum of One Million Six Hundred Forty One Thousand Nine Hundred Thirteen Dollars and No Cents/Dollars $1.641,913.00. The Contact Sum is determined as follows: LUMP SUM BASE BID: $ 1,695,050.00 ALTERNATE/(S) SELECTED: $ (53, 137.00) (Alternates 4-7) TOTAL: $ 1,641,913.00 AGREEMENT FORM 00500 - 1 Owner reserves right to make changes in Work. Where quantities originally contemplated are so changed that application of agreed price to quantity of work is shown to create a hardship to Owner or Contractor, there shall be a mutually agreed upon equitable adjustment of Contract to prevent such hardship before executing the work involved. ARTICLE 5. CONTRACTOR COORDINATON The Contract accepts and includes Alternate Proposal (s), as listed in Article 4. It is mutually agreed by and between the parties hereto that the Owner reserves the right to add any Alternate included in the Contractor's Bid within the first sixty (60) calendar days form the date of this Agreement in the amount stated in the Contractor's Bid. ARTICLE 6. ACCEPTANCE AND PAYMENTS Progress payments shall be made once each month (as provided in the General Conditions) during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Contract on the basis of work completed as certified by the Contractor and approved by the Architect. Upon completion of Contract, Contractor shall submit evidence satisfactory to Owner that payrolls, material bills, and other indebtedness incurred by Contractor in connection with Project have been paid in full. After such evidence has been submitted and written notice has been given Owner that work is ready for final inspection and acceptance, work shall be inspected by, or under direction of, City of Sanford, Florida and when it is found work is acceptable under Contract, and Contract has been fully performed, Architect shall promptly issue final certificate stating work has been inspected under terms and conditions hereof, and consideration herein provided for is due under Contract to Contractor, and noted in such final certificate, whereupon after such inspection and acceptance, final payment, except as provided in next paragraph shall be due within thirty (30) calendar days, provided work be then fully completed and Contract fully performed. Ten Percent (10%) of Contract price shall be withheld until substantial completion is certified by the Architect and approved by the Owner at which time the contractor may request and receive at the Owner's discretion reduction of the retainage to 5% until final completion is approved by the Owner. ARTICLE 7. CONTRACT TERMINATION In event this Contract is terminated by Owner for failure of Contractor to comply with terms of Contract, then in that event Contractor shall be liable to and pay Owner any damages which it may sustain by failure of Contractor to comply with terms of this Contract. Dama.aes shall be as set forth in the General Conditions. ARTICLE 8. CONTRACTOR'S LIABILITY INSURANCE Contractor shall maintain such insurance as will protect him from claims under Workmen's' Compensation Acts, and from any other claims or damages for personal injury, including death, which may arise from operations under this Contract, whether such operations be not by himself or by any subcontractor or anyone directly or indirectly employed by either, in amounts provided in Supplementary Conditions. Certificate of such insurance shall be filed with Owner and Contractor shall not commence wor~k unde this ontract until he has complied with provisions of this paragraph. date, and limits of insurance. The certificates of insurance are to indicate the named insured, and are to identify the owner, engineer and other parties identified in the supplementary conditions as additionally insured. The owner and architect are to be named as certificate holders. ARTICLE 9. PROTECTION OF OWNER'S PROPERTY At all times during performance of this Contract, Contractor shall protect Owner's property from damages whatsoever on account of work being carried on under this Contract. During construction of said Project, and until final acceptance of same by Owner, Contractor shall carry at his expense, Builders Risk Insurance, to include fire, windstorm and property coverage with loss payable to Contractor or Owner as interest may appear. Such policy shall be approved by and filed with the Owner at or before the time of commencing work under this Contract Builders Risk Insurance shall AGREEMENT FORM 00500 - 2 allow for Owner occupancy during the entire construction. Z ARTICLE 10. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BO D~.~/~tl4 7_,!I~I~ This Contract shall become effective and in full force upon execution of this Agreem~, ooncurrently w t?~ ,~,~ delivery of a Performance Bond and Labor and Material Payment Bond issued by a surety 'company licensed to do Business in State of Florida, for one hundred percent (100%) of the Contract price, said bond guaranteeing the performance of this Contract and as security for payment of persons performing labor and furnishing materials in connection with this Contract. ARTICLE 11. MISCELLANEOUS PROVISIONS Terms used in this Agreement, which are defined in Conditions of Contract, shall have meanings designated in those Conditions. The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and except for Modifications issued after execution of this Agreement, are enumerated as follows: Contract Forms, Agreement, Performance Bond, Payment Bond, Insurance Certificates Conditions of the Contract, General Conditions, Supplementary Conditions, PreConst. meeting Specifications Drawings Addenda 6. Contract Modifications, Change Order, Field Order, Supplemental Instructions SIGNED, SEALED AND DELIVERED in our presence Two Witnesses as to the Signature Attest: President Contractor (Affix Seal) City of Sanford, Florida ~,~. Dale (Affix Seal) AGREEMENT FORM 00500 - 3 TO: CPH Constructors, LLC. 500 West Fulton Street Sanford, FI 32771 PROJECT DESCRIPTION: NOTICE TO PROCEED Additions and Renovations Historic Sanford Memorial Stadium The OWNER has considered the BID submitted by your firrn on 8/3 1 /00 for the above-descdbed WORK in response to the Advertisement for Bids and Information for Bidders. You are required by the Information for Bidders to execute the Agreement an~f~, i he ru/ire~d CONTRACTORs Performance Bond, Payment Bond, and ~ of insurance within F~u~;~calendar days from the date of this Notice to you. If you fail to execute said Agreement and ~ofumish said Bonds within ten (10) celendar days from the da~e of this Notice, said OWNER will be entitled to consider all your dghts arising out ofthe OWNERs acceptan~ ofyour BID as abandoned and as a forfeiture ofyour BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are requir.~to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this ~ a f (~~~"~ , 2000. dyo Title Mayor ACCEPTANCE OF NOTICE By Title this END OF SECTION C:\MyFiles\Files\Stadiurn\notictetoproceed01 .wpd 00660-1 Publid Work F.S. Chapter 255.05 (1)(a) Cover Page Executed in 4 Counterparts BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO.: SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: 178916 CPH Constructors, LLC 500 W. Fulton Street Sanford, FL 32771 (407) 322-6841 North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101-2524 (603) 644-6600 Ci.ty of Sanford, Florida 300 North Park Avenue Sanford. FL 32771 (407) 330-5600 OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: $1,641,913.00/$1,641,913.00 Historic Sanford Memorial Stadium Additions and Renovations, 1201 Mellonville Avenue, Sanford, FL 32772 1201 Mellonville Avenue, Sanford, FL 32772 LEGAL DESCRIPTION: (If applicable) THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Bcrd No. 17891 6 ~he at~ ~ L:a:3e fclm's and beuj~,~s a p~rtof this]::~' E:ec,~in4Q:untsr~sz'bs SECTION 00605 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of CONTRACTOR) ._500W. _Fulb::n~St:~e4:, Sa-'fc~-d, FL 32771 (Addre~ ~f C~NI'R~CTOR) e Oj.~ . hereinafter called (Coq~ration. Partnemhip or Indlvldual) Principal, and N:L-t:h/ms:ken Sm~__'~]b7 ~ ~ (Name of Surely) 650 :Elm St:E~, FaZ:l'ESt:~, i 03101-2524 (Address ef Surety) hereina~er called Surety, are held and firmly bound unto (1) the Ci:r~.~.~5 Sa~Eu.d, hereinafter called OWNER, in the full and just Sum of Q'B -r~ l]~ ~Lr~-'eCl'~~'~ ' DOLLARS, ($1 ,~1,913.00 ) in lawful money of the UnP,.ecl Sites, for the payment of which sum well and truly to be made, we bind ourselves, successors, and ass' ns, jointly and severally, THE CONDITION OF THIS OBUGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day ' , a cop of which is herera attached and made a part hereof for ~e condition of (2i ] (1) NamedOwner (2) Name of Project identified b Instn~tions t~ Biers This bond Is being entered into to satisfy. the requirements of Section 255.05, Florida Statues and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE; the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, ell the covenants, terms, conditions, and agreements of said Agreement including, but not arnitecl to the insurance provisions, guaranty period and the warranty pmv'mtons, in the time and manner presc~bed tn the Agreement, and - 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses costs and attorneys' fees, including costs and at~omey's fees on appeal that OWNER sustains resulling d~re~iy or indirectly from any I~reach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurTed the Agresmant, and fully indemnifies and holds harmless ~e OWNER from all costs and damages which it may sufbr by reason or failure to do so, then this bond is void; ob~erwise it shall remain in full forco and effect. The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. PERFORMANCE BOND 00605-1 in the event that the Principal sharl fail to perform any of the tetrns, covenants and conditions of fie Agreement and the Contraet Documents of which the Agreement is a part dudng the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold ~e OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' foes and costs for all trial and eppellat~ proceedings, resulting directly or indirectly from the Sumty's faRure to fultrdl its obligations hemunder. This subsection shall survive the termination or cancellation of Ibis Performance Bond. The Surety ~pulates end agrees that its obligation is to perform the Prindpare work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iS 8urety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bed faith by the Surety. The ,Surety agrees that its obligation under the bond ls to: (~ take over performance of the Principal's Work end be the completing Surety even if performance of the Prin~ipai's Work exceeds the Principai's Contract Price or (ti) re-bid and m-let fie Principal's Work to a completing c, ontracSor with Surety remaining liable for the completing corttrador's performance of the Principals Work and furnishing adequate funds to complete the Work. The Surety aclmowtedgss that its cost of complef~on u~on default by fie P,-indpal may exceed the Contract Price. In any event, the Prlncipal's Connet Tim is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, herelW stipulates and agrees that Its obligations hemunder shall be direct and immediate end not condffional or contingent upon OWNER'$ pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Prinetpal without the 8urety's knowledge or consent (i~ waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the 8uretlfs knowledge or consent, or (i~ the discharge of Principal fTom its obrLqation under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same rrmy be eraended, or any similar state or fodeml law, or any limitation of the !labitaly or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Do~urnents and compliance or noncompfianGe with any formalities connected with the Agreement or the changes therein shall net affect Surety's obligations under the Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and ~ateral) or other mocrffications to the Agreement:and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and dislinct from each other. This Bond is intended to comply with the requirements of Se~on 255.05, Rorida Statutes, as amended, and additionally, to provk:le common law rights more expansive then as required by statute. The Surety agrees that this Bond shall be constmed as a common taw bond. IN WITNESS WHEREOF, this Instrument is executed this the 6rh day of October , 2000 . PERFORMANCE BOND 00605-2 (Principal} Secretary Linda M. Gardner Typed Name (CORPORATE SEAL) (Witrless ~ ~'~pal) , ' Nancy Stubbs Typed Name By (Signature) David A. Gierach, Vice President Typed Name and TMe 500W. FultEnSt:rest Address City, State, Zip Code (~'7) 322-6841 (407) 330-0~9 Telephone No. Facsirnjle ATTEST: By. (Surety)'SeEretary' (CORPORATE SEAL) Surety (603) E~,4.'5600 (603) E~a, 5613 Telephone No. ""'Facsimile No. W~tness as to Surety Typed Name Typed Name Attorney-in-Fact & ~ Id.oa'-es:l ~ ~ Teu=~L.l~ Typed Name 222 S, f,~t=~b.,ud.e Dd.~, Suite 211 Aad ....... Lz~li::ma, t:e St:d,-q:Js~ R, 32714 City, State, Zip Code (4G7) 786-7770 (4o'7) 786-7766 Telephone No. Facsimile No. PERFORMANCE BOND 006053 NOTE: Date of the Bond must not be prior to date of Agmen~nL If CONTRACTOR is a joint venture, all ventures shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on be Treasury Departrnent's most current list (Cimular 570 as amended) and be authorized to transact business in fie State Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION PERFORMANCE BOND 00605-4 Bcrd No. 178916 SECTION 006 ~ 0 - PAYMEN~ 8OND KNOW ALL MEN 8V TI45SM PRESENTS: that ~ at4-a+e:] ~ page ffzms ard b~sapartofthisb:rfL (Name of CONTRACTOR) (Address of CONTaAb"'rO~ · a Principal, and .. N:xt:h zamad.can SpsdaZty ::Tzsa:a-z~_ ~ (Name of Surety} hereinafter after called (Address of Surety) heroinafter called Surety, are held and firrnly bound unto (1) th~ CibZ c:~ Sa~ ~ heroinafter called OVVNER, in the fuO and just Sum of ,C~re ~]l~m S~,c RLra:ks~ * ... DOLLARS, ($1 ,~1,913,001 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind oumelves, sucr,.,essors, and assi ns, ointly and severally, firmly by these presents, The sum shall not be less than c/n'dbi/c~'d~/?,~~~/tl;W~ of the Contra~ 100~ Prim, ( ) -i12, THE CONDITION OF THIS OBUGATION Is such that whereas, the Principal entered into a carrain Agreement with em OWNBt. dated the. day of ~m *~,',, ' and made a pad hereof the construction Of (2)HjSlzz~ Sc~-.___ru:G. P..;u:~n.1.- (1) Name of Owner (2) Name uf P~ect idemllbcl In Instructions to Biddes The Surety shall be bound by any and all alternative dispute resol~on awards and settlements to the same extent as CONTRACTOR is bound. NOW. THEREFORE. the condition of this. obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Rorida Statutes, supplying Principal with labor. Materials. or supplies. used directly or indireGtly by Pdndpal in the prosecution of the Wod( provided for the in the Agreement, then this obligation shall be void; otherwise. it shall remain in full force and effect Subject, however. to the following cOnditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255,05, Florida Statutes, as the same may be amended. 2. Therefore, a olaimant, except a laborer, who la not in privity with the CONTRACTOR and who has not reckaired .payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning the furnish labor, Materials or supplies forthe prosecution of the irk, furnIsh the CONTRACTOR with a notice that he intends to look to the Bond for pro~. A claimant who is not in pfivity W'dh the CONTRACTOR and who has not received payment for his labor. Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within gO days after the date that fie rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the pelfon/lance of the labor or delivery of the Materials or supplies and of the nonpaymenL No action for the labor, Materials or supplies may be instituted PAYMENT BOND 00610-1 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwi,'hstanding (i) amendments or modifications to the Agreement entered into by OVVNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER or Principal without the Sumty's mowledge or consent, or (iii) the discharge of Prlnolpaf from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any simtr state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents and compiiance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect $urety'$ obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral} or other modffications to the Agreement or Contract Documents. 5. The PerformanGe Bond and the Payment Bond and the covered amounts of each are separate and dis6nct from each other. IN WITNESS WHEREOF, this instrument is executed this the 2000 6th day of October (Principal) Secretary Linda M. Gardner · ~ypecl Name ....... (CORPORATE SEAL) DaVid A- Gierach, 'Vice President h'yp ;d'N,,me' and Title 500W, FUlt:G~SI:Ze~ AddreSs Sa~-~c~-d, FL 32771 C~y, Smm, mp Code Nancy Stubbs Typed Name Witness to Principal Linda Walker Typed Name ATTEST: (Sumt~ secttory Typed Na~ne' Surety (603) 6,'M 5600 Telephone No. SLyeLy z~tt-ess: 650 Elm Fazi'Est:~, L~ 03101-2524 (603) 644-6613 I=facsimHe No. PAYMENT BOND 00610'2 (CORPORATE SEAL) Witness as to Surety Tml~e ~ ~ Typed Name Witness as to Suret~ Typed'Name " NOTE: Date of the Bond must not be prior to date of Agreement, If CONTRACTOR is a joint venture, ell ventures shall exeoute the Bone, IF CONTRACTOR is Partnership, all parSets shall' execute Bond, tMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 aa amended) and be authorized to transaat in fie State of Florida. unless otherwise spec~-'fically approved in writing by OWNER. ATTATCH a cerfted copy d Power-of-Attorney appointing ind'Nklual Attorney-in-Fact for execution of Payment Bond on behalf of Surety. END OF SECTION .r~tllf~/Nla,lp~ae~la-2,a¢, PAYMENT BOND 0061 IT IS PROHIBITED TO PHOTOCOPY THIS DOCUMENT NORTH AMERICAN SPECIALTY INSURANCE COMPANY GENERAL =POWER OF ATTORNEY =. .. KNOW ALL MEN BY THESE PRESENTS. T'HA'i' THE NORTH AMERICAN SPECIAt:I"Y INSURANCE COMPANY. a:corporation duty organized and existing under laws of ti~e State of'New Hampshire. and having its prii~cipal office in the City of ManchesloF. New Harr:lpshire has,rnado, constitoted and apppinted. and by these presents does make. constitute and appoint " 3effre3~ ~¥. Reich, Susan I.. Reich, Kim F.. Niy, Tere.~a I_,. :Robi.sou · . joii~tl)' or se, verall.y, aud all of~itamonte Sprinl~s.; }'lorid~ its trim and lawh~l Attorney.-in'Fact, to mal;,e. axetrite. seal and deliver for and on its tiehall and as its act and deed bclnds or other wrihngs obligatory in th{-,, nature of a bond on behalf of said C6mpany, as surety, bond~, undertaking~ and coFItradts cf s.,~rstyship to be given to a[I .obligees prOvide;d that no bond or underlaking or r;ontract or s~rety'ship execulcd under thi~ autherity strait exceed ;n the amounl of ............... =. SIX MILLION (6,000,000.00) bOLLARS I- Z u.I (.) O O ;> O I,I, The Power of Atlomey is granted and is signed and sealed fly facsimile :tnder and by the authori~.y Of the following Resolution adop';ed by the F~,oard of.Difecters of North AmeriCan Specialty Insurance Company at a meeting duly callsd and ho=d on the 24th of April, 19~5. . . · 'RESOLVED. that the PresidenL and Vice President. any ~s~is~an1 Vice President or any SecretaE~ be and each or any of them hereby' is authorized' to execute Power of Attorney qu~lffying the attorney named in the givo~ Power of Attorney to exec~le or~ t~ehalf of North American Spe~ia!ty Insurance Company bonds. un~erlaking~ and all contracts of sure~y. and that each or any of them hereby, is auti~ori/ed=to attos~ to the execution of any such Power of. Attorney and {'o attach hc-reto the seal of the Comparing" af=d : FURTHER RESOLVED, that Ihe signak~re of such off.cars ~nd the seal of the Compa~y may be .affixed to any sucl~ Power ~i A~orney or to any certificate relating thereid by facsimile, and any suc~l Power of Attorney or cortificale bearing such facsimile sigrlatures or facsimile ssa~ ~jhall be bindie'~g upon the Company whdn so affixed and in the ruturn with regard to any bolld, ur~dertaking or contract of surety'tb which it is.attached. In Wilness Whereof. North Am~rk:an Spociaity insurance Company ~as caused it~ olficial seal to be hereunto affixed. ~n'd these presents to be signed by its President and attested by one of its Assislant Vece Presidents on the ! 4th of D~cember. 1998. = Steven E. Holzwarl. Assistant Vice Prssidenl State of Ohio Caunb/ol Cuyahoga SS; On this [) ecPmber 14. 1.998. before m~, a Notary Public personally appeared Rebert M. S?li~ro and Steven E. Holzwar! persona.!ly known to me. who being hy me duly sworn. acknowledged that 'they signpd the above :Power of Attorney as dfficers of said NORTH AMERICAN SPECIALTY' 'INSURANCE COMPANY and acknowledged said instrument ~o be the vo~untai'y act and deed of the corporation. · · ,lames Ziolo ., Notary Public -.SVate of OhJ~ ~ ;"'~"'~"'~"// ~lo Notary"Pubh< MY commission expires ~ay 6, 2003 " · ~ James I. R. Scott Liptak. Assisiant Vice P~esident, of NORTH AMERICAN SPECIAE[Y INSURANCE COMPANY, d~.hereby certify that the above and f~regoing is a true and correct cepy of a. P?wer of Attorney by said NORTH AMERTCAN SPECIALTY INSURANCE C~MPANY, wh;ieh is stilt in fu!l force and effect. IN WITNESS WHEREOE " I hereta sel my hand and a~fixed the seat bf said Compa~ this ................................. ~ ....... day ef .........................~ ............: ............... " .. z~=..~s .~. ~. . ' '. · .'