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HomeMy WebLinkAboutresolution.council.083A-03 RESOLUTION NO. k~ (Series of 2003) A RESOLUTION GRANTING CONSTRUCTION CONTRACT TO ASPEN EARTHMOVING, LLC, FOR CONSTRUCTION OF THE 2003 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a crmtract between the City of Aspen, Colorado and ASPEN EARTHMOVING, LLC, a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves the contract between the City of Aspen, Colorado, and ASPEN EARTHMOVING, LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. ' Dated: ~~ here2 ~a~n ~-_mnejerua, wmyor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a m~e and accurate copy o~'tha.t resol,ution, adopted by the City Council of the City of Aspen, Colorado, at a meeting held~~~l~, 2003. Kathryn S. Ko~, C~ity-clerk '~--'--' ENG-RE$-2003-03 TO: Mayor and City Council Members THRU: Steve Barwick, City Manager FROM: Nick Adeh, City Enginee/r~7 DATE: September 16, 2003 Reference: 2003 Pedestrian Safety Improvements Project SUMMARY We have asked qualified contractors to submit sealed bids for the above referenced project, and we have received one qualifying bid that was opened and read publicly. The results are summarized in the following tabular form: CONTRACTOR TOTAL BID BID STATUS Aspe~ Eartinnoving, LLC $138,380.00 Qualified Bid Basalt Construction Company, Inc. No Bid Gould Construction, Inc. No Bid K&W Concrete No Bid DISCUSSION This contract is for construction of the majority of this year's pedestrian improvements at various locations including East Hopkins Avenue missing pedestrian link, curb replacement along the southern edge of Wagner Park, and miscellaneous pedestrian ramp reconstruction as our budget allows. The City Council has appropriated funds and approved the 5-year pedestrian safety improvement plan. I recommend award of contract to qualified responsible and responsive bidder, Aspen Earthrnoving, LLC, for a total amount of $138,380. This will help us to complete the improvements within the acceptable weather conditions. FINANCIAL IMPLICATION This project has been funded and therefore, no additional money is requested. AWRD2003-02 AMENDMENT TO CONTRACT DOCUMENTS CITY OF ASPEN. PITKIN COUNTY COLORADO DATE OF ISSUANCE: September 5. 2005 PROJECT TITLE: 2003 ?edestria~ Sa£etF Improvemems CONTRACTOR: Aspen Earthmovin~, ££C CONTRACT BID NUMBER: 2003-038 ATTACHMENTS ~]$r, I£ Alf¥): None ORIGINAL CONTRACT PRICE: Not applicable AMENDD TOTAL CONTRACT PRICE: 7138. 380. OO(One hundred t,~irty et,~ht thousand three hun&ed e~_ghty Dollars), including minor c mrracz revigon if requested and ordered by the Cit~ Engineer. The above referenced contract has been amended to include the following additions to or deletions from the original bid and scope of work. Ail other contract requirements shall remmn unchanged and in effect, The contractor is responsible for distribution of this amendmem to his/her subcontractors and suppliers immediately following approval by the City. DESCRIPTION: The scope of work for this contract was reduced prior to bid award in order to keep the proiect costs within the bud.qet. Therefore. due to reduced scope of work and delayed award of bid the followinq times stated in the "Special Conditions" have been chanqed to new dates and timelines Article 1.0200 1. Notice of award is hereby issued and is effective September 5. 2003. 2. Contract documents must l~e signed and delivered by the contractor before noon. Monday, September 8. 2003. 3. All other remaining contract documents, including bonds, construcrlon sequenclng plan(s), material gradation and mix designs, etc. must be submitted [;nor to mandatory Pre-Construction Conference. 4. A man,arco/pre-construction conference will be held on Tuesday, September 23 2003. at 10:30 a.m. in the City Council Chambers. Article '1,0202 ' The Contractorshall execute the work with due diligence and shall fully complete in every detail of the work to ~e done under the new revised scope of contract within Thirty (30) Consecutive Calendar Days from the the date of Pre-Construction Conference set above ]PdgC OMMENDED: APPROVED: /~PPR, OVED: by: by: Engineer/Architect Engineering Director/City Engineer Contractor ENG-307 CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made ana entered into on .... by and between the CITY OF ASPEN. Colorado. hereinafter called the "City", and Aspen Earthmoving, LLC hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law. specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has cause~ to be published, in the manner and for the time required by law, an advertisement, for the project: YEAR 2003 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT, and. WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said nvitation for Bids; and, WHEREAS, the City, in the manner prescribed by [aw. has publicly ooened, examined. and canvassed the Bids submitted in response to the published Invitation for Bids therefore. and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work re(]uired by the Contract Documents withir~ seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4, The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Thirty Ei.qht Thousand Three Hundred £i.qhty ($138,380.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. CC.doc Page 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Soecial Conditions. such 8mounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their res[}ective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code. Title 4 of the Municioal Code. including the approval requirements of Sectior 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the Citv of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, re 3resentatives. employees, Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sub[et his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of [he terms. covenants, agreements or conditions here~n contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conaitions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction. the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation rewew or drafting of this Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction. represents that he/she s an authorizec representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and comp ete authority to enter into this Contract For Construction for the terms and conditions specified herein. CC 2oc Page 2 CC** IN WITNESS WHEREOF, the parties agree laereto have executed this Contract For Construction on the date first above'written. ¢/~.~ ,~' ~:~'~_~~ATTESTED~ c,~~BY: !ITYi:~!~ ~. OF___ASPEN, COLORAD. O.. RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: /City Engineerin9 Depart~nent ~'~ttorney ' - ATTESTED BY: CONTRACTOR: Note: Certification of Incorporation shall be executed if Contractor is a Corporation If a partnership, the Contract shall be signed by a Principal and indicate title. CC.doc Page 3 CC** CFRTIFICATF OF INCORPORATION To be completed if Contractor is a Corporation) STATE OF ~0 LO f~,A O0 )SS. COUNTY OF '6/~13.-FI ~_~ ) On this <~T¢ aa~ of '~---~i'~I~¢-4'~, ,20 03, before me appeared C.H I'~.1~ ,Stv~ I ~-~y-! , to me personally known, wne, being by me first duly sworn, did say that s/he is ~-- 0.- 0 L.O ~..~ ~1~ of /'~$1=M~r'A ~TY~B/XO V NG, L-.k-G. ana thatthe seal affixed ~o said instrument is the corporate seatJof said corporation, and that said instrument was signed aha sea~ed in behalf of said corporation by authority of its board of directors, and said de 3onem acknowi edged said ins~rumem To 3e the free act ano deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the aay and year in this certificate first above written. ~y commission expires: / / / C.O.I. Project No. 2003-038 BID DATE: August 28, 2003 PROJECT: Pedestrian Safety Improvements Project PROPOSAL SUBMITTED BY: Aspen Earthmoving, LLC CONTRACTOR GONTRAGTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requiremems of the bid documents including the plans and specifications for this bid. all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Si2cty (60) consecutive calendar daF$ from the date of bid opemng. The Contractor agrees that construction shall star[ immediately following a mandatory pre-construction conference held by the Engineering Department, which also constit~ttes the Notice ~o Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditinns~of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to wmve any informalities or ro reject any or all bids. The City hall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs m co~mection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs m connection with furnishing the proper and success completion of the work, including furnishing ali materials, eqmpment and tools, and performing ail labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. Ali quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount ofmaterials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or other~vise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25~ Percent of the total bid. I hereby acl~aowledge receipt of ADDENDUM(s) numbered /~F/,~ through EIP-2003-O38.doc BP* Page" gontractor's Initials ESTIMATED BID QUANTITIES Base Bid UNIT TOTAL BID ITEM DESCRIPTION UNIT _QUANTITY PRICE CO. ST Mobilization & demobilization LS 0001 $11000.00 $11000.00 Traffic management LS 0001 $07000.00 $07000.00 Sawcut Pavement - Full Depth LF 0860 $00006.00 $05160.00 Remove COHO.- C&G. drainage pan LF 0540 $00020.00 $10800.00 Remove COHO.- Sidewalk. access ram p SY 0090 $00030,00 $02700.00 Remove COHO.- Bikepatn driveway SY 0051 $00030.00 $01530.00 Driveway shall Include snow melt system repairs, if any) Remove street light EA 0001 $00250.00 $00250.00 Remove asphalt pavement SY 0110 $00020.00 $02200.00 Remove andscap~ng materials CY 0020 $00030.00 $00600.00 Erosion & dust control LS 0001 $02500.00 $02500.00 Unclassified excavation CY 0154 $00030.00 $04620.00 Reset sign EA 0004 $00050.00 $00200.00 Reset mailbox & post EA 0002 $00050.00 $00100.00 Reset small trash can with new pad EA 0001 $00150.00 $00150.00 Adjust valve box to new finished grade EA 0002 $00050.00 $00100.00 Adjust Manhole to new finished grade EA 0001 $00250.00 $00250.00 Install Inlet - single grate EA 0001 $02150.00 $02150.00 Install timber toe wall. 18" high LF 0100 $00010.00 $01000.00 Install one inch Diameter Elec. Conduit LF 0072 $00010.00 $00720.00 Buried 24" deep) Install MUTCD compliant traffic sign EA 0002 $00400.00 $00800.00 AII type~ Landscaping SF 0100 $00005.00 $00500.00 Install Concrete Curb & Gutter LF 0750 $00026.00 $19500.00 Install Storm Sewer Line - 15" Dia. LF 0025 $00060.00 $01500.00 (Unit bid pr/ce/s for HDPE ptpe) Connection to Existing Manhole or Inlet EA 0001 $00800.00 $00800.00 (Unit B,.~ price includes coring and restoration of inlet to City Engineer's satisfaction) BP-2003-O38.doc BP* ..~age 2 Contractor's Initials UNIT TOTAL BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST Geofabric Mat - Traffic Rated SY 0810 $00002.00 $01620.00 Crushed Screened Rock Ton 0090 $00038.00 $03420.00 Aggregate Base Course- Class 6 Ton 0012 $00035,00 $00420.00 Concrete Pavement - 4" Thick SY 0254 $00070.00 $17780.00 (Sidewalk. Pedestrian Ramp. Pedestrian Pad) Concrete Pavement - 6" Thick SY 0040 $00080.00 $03200.00 (Driveway Ramp, Shelter Pad. Etc.) Conc. light pole base with sweeps EA 0001 $00500.00 $00500.00 Install custom tree grate in sidewalk EA 0001 $00500.00 $00500.00 Hot mixed asphalt (HMA) pavement Ton 0094 $00105.00 $09870.00 Pavement marking - Paint (38 mill) SF 6000 $00001.00 $06000.00 'Crosswalks. 6" wide lane lin~, Misc. striping) 2" Dia. irrigation sleeve 12" deep LF 0024 $00010.00 $00240.00 (PVC Schedule~40. with end caps for up to 4 runs) Site Clean-Up & Restoration LS 0001 $02500.00 $02500.00 MCR- Only if requested by the City LS 0001 $08500.00 $08500.00 SUB-TOTAL BASE BID IN NUMBERS: $130,680.00 /llternate Bid Install Guardrail at bridge approach LF 0050 $00084.00 $04200.00 Traffic management EA 0001 $03000.00 $03000.00 Site cleanup and restoration EA 0001 $00500.00 $00500.00 (Work ¢er CDOT standards & detail included in Appendices) SUB-TOTAL ALTERNATE BID IN N UMBERS: $7700.00 ITOTAL BID IN NUMBERS: $138 380.00 Total Bid in Words: BP-2003-038.doc BP* ~ Contractor's Initials , acknowledge that in submitting this bid it is understood that the right to reject any and ail bids nas beer reserved by th/2e.owner. Authorized Officer: //----~.~'~~~' ~-~VJ , Title: Full name signature: Company address: ~/~'/~ Telephone number: (970) 963-0377 Fax number: (970) 963-2247 Attested by: Subcontractor & Material Supplier List Name: Elam . Phone #: 923-2399 Address: Aspen, Colorado Service or Product: Asphalt pavin¢t and Ftravel supplier Name: Jewke$ Concrete , Phone #: 379-27'14 Address: Carbondale, Colorado Service or Product: Name: G J Pipe . , Phone #: Address: Carbondale, Colorado Service or Product: Name: , Phone #: Address: Service or Product: BP-2003-038.doc BP' ~ Contractor's Initials CONTRACTOR'S QUALIFICATION STATEMENT City of Aspen. Colorado Project Numbec 2003-038 :irm Name. Contact Person Business Address Teleohone Number: Year present firm Date this form ¢~T>C~n.4 Z-'~V/~'~r, ~-¢ was established: was Prepared: ~o ~o~ i~o Type of ownership: Sheck only one Minod~y Owned Women Owned L L Name. title, and position of not more than two anncipals to contact: List related projec~ examples within the last 5 ~ears: vo~ ~¢~ ¢~¢, ¢d¢¢io,~/sheets. ifnecessa~] Project name. location & brief descptionOwneCs name. address & Cost of work Oate telephone (X$7,000)completed 03. 04. 05. 06. 07. 08. Bank references, contact Demon. telephone number: b) Trade references ma[ena~ suppliers, sub-comracror& etc./, co~tact person a~d [eiephone number: Bonding Company and ~nsurance Company s name. Agent's name. Describe current bonding capacity & liabili~ insurance coverage: ' hereby ce~i~ that ~he above QUalification Statement is accurate and true. I hereby authorize the City off' Aspen ~o con~ac~ any and all of the persons/firms listed above to obtain fu~her information regarding the qualifications of my firm. Name Title ~ Signature AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2005-038 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does nor now, nor will he/she in the future, violate the provisions ofsa/d Contract Documents, so lm2g as he/she is under the Contract ro the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to ali terms and conditions of the Aspen Murficipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal ,/~,/fl~_r~r ~9~_~_~z~/~fX31//tc~ r STATE OF COLORA2DO ) ) ss. COUNTY ) Before me .~_ ~o.,x..~-t~,. 1~ ..e~...j/'-.~.,~ _anorary public and for~ County, Colorado personally appeared '~0_~ ~l~v'N known ro me pe~'~onally to be the person(s) whose day of,~~, A.D. 20 0_~. signature(s) in my presence this My commission expires: ~/[,~{ ~ v - ' "N-'-otary 23~1ic 'AC BID BOND KNOW ALL PERSONS BY THESE PRESENTS. That we. the undersigned,..ASPEN EARTHMOVING, LLC e'~ P.O. BOX 1090~ CARB.ONDALE, CO _81623 as PrinciceL hereinafter referred iD as "P~ncipaJ", end ...~4SHINGTON. INTERNATIONAL INSURANCE. COMPANY a oJ~oration organgzed under the laws ~f the State of . ARIZONA , ~nd qualified to transact busmess in the State of Colorado. as "Surety' are held and firmly bound un[e the City of Aspi~n, Colorado. as 9bligee, hereinefte- referred to as "City," in the penal sum crt-: ONE PERCENT (I%) OF THE AMOUNT BID ....... Dollars ($ 1% OF B ID .), lawf'ul money of the United Sta~es of America. for t~e Payment of wh}ch sum, well and truly To be made to the City, we bin,~ ourselves, and our heirs, executors, adrninistret(~rs, successors and assignees. 2dr]tly and scrawly, by these presents: WHEREAS. said Prinapal has su~rn~ a b~d far construction of YEAR 2003 PEDESTRIAN SAFETY IMPROVEMENTS 'PROJECT - 20(~-038 · NOW THEREFORE, if the City shall accept the bid of the Princioal and the Principal shall enter in{o a Contract for Construction with the City in accordance with the terms of such Bid, and given such bond er bonds as may be specified in the Bid Package er Contra~ Documents with goo<: and sufficient surety for the faithful performance of such contract and for the promp[ paymen[ of labor and mateda[ furnished [n the prosecution thereof, er in the event of: the failure of ~he Pdncipe; to enter such Contract for Construction and give such bono or bonds, if the Princl;Jal sba the al[florence not te exceed the penaity, hereof b'etween [l~e amount spedfied in safd bid and such larger amount for which the Principal may in good faith contract with another ear~ m DeFfotTrl the work covered by said Bid, Ihen this she[ be null and void. otherwise to remain in full force and effect in law. SIGNED AND SEALED this 28TH ., day of AUGUST ._. 20 0..~3_. PRINC SPEN EARTHMOVING, LLC ~' - Attest SUP'~"'~SHING'~ONB~ ~u,~~ INT~[NAT IONAL f INSURANCE ARest; ~ A/~~-- ]~ile: ATTORNE~-.IN-FACT (Accompany this bond with certJt~ed copy of General Power of Attorney from the Surety Cernoan¥ to [nclune tns date of the bond.) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISMINSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance Act of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any 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 statutodly established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is ~ As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassure[v.com or you may call our office at 630- 227- 4825. :~EV: 2/03 agent nouce 100767 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire. and ha,Aug ~rs principal office ~n the City of Manchestar. New Hampshire. and Washington International Insurance Zompany a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca Illinois. each does hereby make. constitute and appoint: Eileen A. Blanchard. Timothy J. Blanchard. and Charles F. Beagle, jointly or severally its true and la~,rful Attorney(s)-in-Fact, to make. execute, seal and deliver, for and on its behalf and as its act and deed. bonds or other writings obligator5 in the nature cfa bond on behalf of each of said Companies. as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or other~mse, provided that no bond or undertalong or contract of suretyship executed under this authority shall exceed the amount of: TENMILLION [0.000.000.00, DOLLARS This Power of Attorney ~s granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Special~ Insurance Company and Washington Intematmna. Insurance Company at meetings dui5 called and held on the 24~n of March. 2000: "RESOLVED. that any two of the President. any Executive Vice President. any Vice President. any Assistant Vice President. the Secretary or any Assistant Secretary be, ane each or any of them hereby [s authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney ro execute on behalf of the Company. bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or ro any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile stgnatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond. undertaking or contract of surety to which it is attached. _--~ SEAL North American Specialty Insurance Company County of DuPage ss: