HomeMy WebLinkAboutContract `err CAG-05-025
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
CONTRACT AGREEMENT
THIS AGREEMENT is made as of the ffV^ day of rn0Aea1LJ , 2005, between the
CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY"
and ICON Materials, hereinafter referred to as"CONTRACTOR", to repave 35,864 square feet of parking
area at Renton Community Center, 1715 Maple Valley Highway, Renton, WA, by grinding out 2 inches of
existing asphalt; and furnishing, installing, and compacting 2 inches of Cl. B asphalt.
The City and Contractor agree as set forth below.
1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work
described in the Proposal which is included with this Agreement as Exhibit A.
2. Changes in Scope of Services. The City,without invalidating the Contract, may order changes in the
Services consisting of additions, deletions or modifications, the Contract Sum being adjusted
accordingly. Such changes in the work shall be authorized by written Change Order signed by the City
and the Contractor.
3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten
(10)calendar days after Contract's final execution, and shall complete the full performance of the
Contract not later than thirty(30)calendar days from the date of commencement.
4. Term Of Contract.The Term of this Agreement shall end at completion of the enclosed scope of work.
This Agreement may be extended to accomplish change orders, if required, upon mutual written
agreement of the City and the Contractor.
5. Contract Sum. The total amount of this Contract is the sum of$46,824.04, which includes
Washington State Sales Tax.
6. Method of Payment. Payment by the City for the Services will only be made after the Services have
been performed and a voucher or invoice is submitted in the form specified by the City. Payment will
be made thirty(30)days after receipt of such voucher or invoice. The City shall have the right to
withhold payment to the Contractor for any work not completed in a satisfactory manner until such time
as the Contractor modifies such work so that the same is satisfactory.
7. Employment.The Contractor's employees are not employees of the City of Renton.
8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this
Contract without express written consent of the City of Renton.
2005-048aa
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NOW CAG-05-025
9. Record Keeping and Reporting. The Contractor shall maintain accounts and records which properly
reflect all direct and indirect costs expended and services provided in the performance of this
Agreement. The Contractor agrees to provide access to any records required by the City.
10. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the City, its officers,
agents, employees and volunteers, from and against any and all claims, including claims from third
parties, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury
or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Contractor.
11. Insurance. The Consultant shall submit a Standard Accord Certification Form and an Additional Insured
endorsement(Exhibit B), prior to the execution of the contract. The minimum insurance requirements for
agreements and contract service providers are set forth in Exhibit C. The Consultant shall provide the City with
a 45-day notice of cancellation or non-renewal of insurance.
12. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the
services in accordance with all applicable federal, state, county and city laws, codes and ordinances.
13. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City
of Renton contract shall prevail.
14. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State
prevailing wage requirements as set forth in the Contract Documents.
15. Performance Bond. Contracts over$25,000 require a performance bond. A City of Renton form will
be provided.
This Agreement is entered into as of the day and year written above.
CONTRACT CITY OF RENTON
Signature Signature
Pat Skube Chief Estimator Kathy Keolker-Wheeler, Mayor
Printed Name and Title Printed Name and Title
ICON Materials, a Division of
CPM Development Corporation ��� p � W�
Business Name Attest
PO Box 88050 Bonnie I.Walton City Clerk
Mailing Address Printed Name and Title
Tukwila, WA 98138-2050
city State Zip
5 ' 5- ? zoo
Telephone
2005-048aa
east by:,;ICON"MATERIALS 2065753207; 02/09/05 1 .32PM;Jfi1EA #425;Page 3/4
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CAG-05-025
EXHIBIT "A"
to
ASPHALT PAVING PROPOSAL CONTRACT
mbne,s.rHr•►w.wo�a.�.ee..
Date: February 9,2005
Proposal To: City of Renton-Community Services
Project Name: Renton Recreation Center
Bid Unit
Item Description Quantity Units Price Extension
Repair Rtive Aisles 35,864 Sq. Ft, S 1.20 $43,036.80
Work to Include.
1)Grind out 2"existing asphalt
2)Fumish,install&compact 2"CI. B asphalt
Sales Tax is not included
Package Total $43,036.80
Proposal notes I exceptions:
• Only work specifically quoted above is included. Extra work can be performed at the request of the Owner or General Contractor.
• One(1) mobilization(s)is(are)included as part of ICONS quotation package. Add $1,500 for each additional mobilization.
• Subgrdde must be firm,unyielding and capable of supping construction equipment and fully loaded truck traffic. ICON Materials will
not be liable for damage to sidewalks,roadways,private drives etc.that must be crossed as the access route(s)to the work site.
• If,at the time of construction. 111e moisture content of the existing subgrade or foundation material is greater than the specified tolerance, any
special hamming.treatment Of the material and/or added materials lost due to poor subgrade conditions will be at additional cost.
a Sobeduing may be delayed if inclement weather impacts either the subgrade or existing pavements. ICON wil schedule its work based on the
likelihood That the site will be ready for grading/paving and In conjunction with the customers needs to the extent feasible. Subcontract signing dates
and eafly schedule notifications will also be considered when prioritizing project scheduling.
• Pricing Is based on unrestricted access to the worksite for ICON crews,equipment and fully loaded delivery trucks.
•This Is a Unit price quotatim as noted. The quantities given above are estimated and may vary. Billing and payment will be based on the actual
quantities installed and measured on accurate plans and/or M the field.
•This APPC is submitted as a single package(except as noted above)and may not be modified wlttout ICON express consent.
• This quotation may be withdrawn if not accepted vAthi n 30 days.
• The b0owing addenda so the contract plans and specifications are hereby acknowledged:
STANDARD FXCt.0 IGNS:Excavation;traffic control and flagging;barricades and signs;surveying;pavement marking or marking layout;seal
coating:saw cutting:sol sterilization;utility adjustments and/or utility patching;curbing:wheel stops;prime coating;proof rolling:pre-leveling;gravel
base:bench patching as-bult drawings:Builders risk Insurance;railroad Insurance;bonds;participation In any apprenticeship and/or training
Programs;traffic control plans;cost of Owner or General Contractor required project speciflc safety training:cost of project-specific drug testing;
permits and fees;testing.
►Washington state sales taxes are not included in this quotation.
►This document and all related exhibits shall constitute the entire contract or shall be incorporated by reference into the contract between ICON
Materials and the Owner or General Contractor.
ICON Materials ' 6819 south 2211th street.Kent, WA 98032-2961 - 206.575.3200
Mating Address ' PO Box 88050. Tukwila. WA 96138-2050 . 206.575.3207 facsimile Page 2 of 3
ICONM-02 CF APPC.xts
EXHIBIT B
,. Page 1 of 2 *fto CAG-05-025
ACORD tM CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YY)
PRODUCER FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENTS,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSF POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDD/YY (#2) LIMITED
GENERAL LIABILITY a) EACH OCCURRENCE $ 1,000,000
R 1) COMMERCIAL GENERAL LIABILITY b) FIRE DAMAGE(Any one fire $ 50,000
CLAIMS MADE X❑ OCCUR c) MED EXP(Any one person) $ 5,000
(1) PERSONAL&ADV INJURY $ 1000 000
GENL AGGREGATE LIMIT APPLIES PER: e) GENERAL AGGREGATE $ 2,000,000
❑POLICY ❑PROJECT ❑LOC Q PRODUCTS-COMP/OP AGG $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(/3) X ANY AUTO a) (Ea accidenq $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS b) (Pe,Pew) $
HIRED AUTOS
NON-OWNED AUTOS BODILY INJURY
C) (Peraccidenp $
d) (PAR Ty DAMAGE
��ll $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT f
❑ANY AUTO WA OTHER THAN EA ACC
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE _
4) [:]OCCUR ❑CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION i
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS'LIABILITY TORY LIMITS ER
E.L.EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYEE $
E.L.DISEASE-POLICY LIMIT $
(#6 OTHER
(#7) DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Renton is named as an additional insured 09)
CERTIFICATE HOLDER 0 ADDITIONAL INSURED;INSURER LETTER: CANCELLATION (#8)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE
City of Renton THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL
Attn. 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
1055 South Grady Way THE LEFT.
Renton, WA. 98055 AUTHORIZED REPRESENTATIVE
EXHIBIT B
Page 2 of 2 '4r
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following: n
W
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization �, a Px\i)(\
I0E6 S, &Odq Waq
PpAm Wk. 'Q%tr�
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule but only with respect to liability arising out of your ongoing operations
performed for that insured.
CG 20 10 03 97 Owners, Lessees, or Contractors SAMPLE No Completed Operations
WCIA InWQfidd44&941rements
' EXHIBIT C
Page 1 of 2 CAG-05-025
Certificate of Insurance Guidelines
The following is an attempt to further clarify the requirements that are mandated by the City of Renton in referenced to projects
/events and the limits of insurance coverage you are expected to provide the City. First and foremost, it is important to
remember that the limits being shown in the attached form are only minimum limits. There may be times when the project/
event will need additional coverage in some areas.
1. General Liability: Insurance protecting the person or
INSR organization from liability exposures. Make sure that
LTR TYPE OF INSURANCE the Commercial General Liability and Occurrence
GENERAL LIABILITY (Occur) boxes are checked. There are several areas
in the General Liability area. These we designate as
X COMMERCIAL GENERAL LIABILITY "limits".
CLAIMS MADE Im OCCUR # 2 Limits
'l 1 a EACH OCCURRENCE $ 1,000,000
b FIRE DAMAGE (Any one fire) $ 50,000
2. Limits: The amount of insurance coverage the C MED EXP(Any one person) $ 5,000
insured (you, in this case) has purchased.
d PERSONAL&ADV INJURY $ 1,000,000
2a. Each Occurrence: amount is the most the
insurance policy will pay for one occurrence. @ GENERAL AGGREGATE $2,000,000
This limit is$1,000,000 minimum,subject to increase. f PRODUCTS-COMP/OP AGG $ 1,000,000
2b. Fire Damage: amount is the most the insurance 2e. General Aggregate: this amount is the most the
policy will pay for a fire that you are responsible for in insurance policy will pay during the policy regard-
premises that you lease or that are in your care, less of the number of claims. This limit is$2,000,000.
custody or control. This number is pretty standard at There are few exceptions to this minimum limit.
$50,000. 2f. Products-Completed Operations Aggregate: This is
2c. Medical Expenses (Any one person): this is"no-fault" the most the insurance policy will pay for liabilities
medical expense insurance provided to other parties arising out of the Products-Completed Operations
injured during the event/project on the property. exposure. This coverage is generally provided with the
This is required for all projects/events conducted General Liability policy. The minimum limit here is
in the city. $1,000,000. This provides for products or business
operations conducted away from your premises once
2d. Personal&Advertising Injur. provides$1,000,000 the project/event is completed or abandoned.
coverage for personal injury(not bodily injury)including a COMBINED SINGLE LIMIT $ 1,000,000
slander, libel,false arrest, malicious prosecution, (Ea accident)
invasion of privacy and advertising liability for exposure {•� BODILY INJURY $
of any advertising activities. N (Per person)
BODILY INJURY $
# 3 AUTOMOBILE LIABILITY C+ Per accident
PROPERTY DAMAGE $
ANY AUTO
(Per accident)
ALL OWNED AUTOS 3a. Combined Single Limft: This is the most the insurance
SCHEDULED AUTOS policy will pay for bodily injury and property damage
7HIRED AUTOS combined for each accident. This limit is$1,000,000.
NON-OWNED AUTOS This area of coverage includes both the Bodily Injury
and the Property.
3b. Bodily Injury(Per person): This is what the insurance
policy would pay for bodily injury to one person from the
accident. Not needed if Combined Single Limit is in
3. Automobile Liability This coverage insures against effect.
liability claims arising out of the use of a covered auto.
The box"Any Auto"should be checked. This area of 3c. Bodily Injury(Per accident): This is what the insurance
coverage is determinable on whether any vehicles will policy would pay for bodily injury from each accident,
be used during the project/event. If there will not be regardless of the number of persons injured. Not needed
any automotive involvement,there will be no need for if Combined Single Limit is in effect.
this coverage.
3d. Proper Damage: This is what the insurance policy
would pay for third party property damage resulting from
2005-048aa one accident during your project/event.
EXHIBIT C
**NO,, Page 2 of 2
EXCESS LIABILITY
4. Excess Liability: Provides liability coverage on top of the
OCCUR F-1 CLAIMS MADE primary(General and Auto)General liability policy and may
# 4 provide excess limits over Auto Liability. If you are unable to
provide the limits for the General Liability and Auto Liability,
DEDUCTIBLE this area needs to be filled in to provide an"umbrella"form of
coverage that,when added to the General and Auto Liabili-
RETENTION $ ties,will meet or exceed the limits required by the City.
WORKERS'COMPENSATION AND
EMPLOYERS' LIABILITY 5. Workers'Compensation and Employers' Liability: Please
# rJ list state number on certificate, where indicated. If number
is not known, provide copy of State Certificate of Workers'
Compensation Coverage. If self-insured, please indicate
on the certificate.
OTHER
6. Other: This area is designated for any other coverage that
may apply to your individual project/event needs, such as
# 6 Professional Liability.
DESCRIPTION OF OPERATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
# 7
7. Description of Operations/Locations/Vehicles/Special Items: This section is provided for descriptive text regarding
the project/event. Please fill out with any assigned numbers, project/event names,contact people,etc. You may
add the additional language in this area; however,you will need to provide the City with an Additional Insured
Endorsement,as well.
CANCELLATION # 8
8. Cancellation Clause: The City of Renton requires a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES
non-qualified cancellation clause. Therefore, the BE CANCELED BEFORE THE EXPIRATION DATE
cancellation language must read as follows: "Should any THEREOF, THE ISSUING COMPANY WILL MAIL 45
of the above-described policies be canceled before the DAYS WRITTEN NOTICE TO THE CERTIFICATE
expiration date thereof,the issuing company will mail 45 HOLDER NAMED TO THE LEFT.
days written notice to the certificate holder named to the left.
DESCRIPTION OF OPERATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
# 9 CITY OF RENTON named as additional insured
9. Additional Insured Status: The City must be named as an additional insured on all projects/events where insurance
is required. Although the proper wording may appear in the"Descriptions"box, it is still necessary for the Additional
Insured Endorsement to be provided as well.
2005-048aa
" ' ✓ CAG-05-025
BOND NO. SB0093220
BOND TO THE CITY OF RENTON
KNOW ALL MEN BY THESE PRESENTS:
That we,the undersigned ICON Materials, a Division of CPM Development Corporation
as principal, and XL Specialty Insurance Co, corporation organized and existing
under the laws of the State of— Delaware - as a surety corporation, and qualified
under the laws of the State of Washington to become surety upon bonds of contractors with municipal
corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the
penal sum of$ 46,824.44 ' for the payment of which sum on demand we bind ourselves and our
successors,heirs,administrators or person representatives,as the case may be.
This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance
of the City of Renton.
Dated at SPOKANE ,Washington,this 22ND day of FEBRUARY ,200 5.
Nevertheless,the conditions of the above obligation are such that:
WHEREAS, under and pursuant to Public Works Construction Contract CAG- 05-025
providing for construction of Repaving at Renton Community Center
the principal is required to furnish a bond for the faithful perforrance of the contract;and
WHEREAS,the principal has accepted, or is about to accept, the contract, and undertake to perform
the work therein provided for in the manner and within the time set forth;
NOW,THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in
the caner and within the time therein set forth,or within such extensions of time as may be granted
under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all
persons who shall supply said principal or subcontractors with provisions and supplies for the
carrying on of said work, and shall hold said City of Renton harmless from any loss or damage
occasioned to any person or property by reason of any carelessness or negligence on the part of said
principal,or any subcontractor in the performance of said work,and shall indemnify and hold the City
of Renton harmless from any damage or expense by reason of failure of performance as specified in
the contract or from defects appearing or developing in the material or workmanship provided or
performed under the contract within a period of one year after its acceptance thereof by the City of
Renton,then and in that event this obligation shall be void;but otherwise it shall be and remain in full
force and effect.
ICON Materials, a Division of
CPM Development Corporation XL Specialty Insurance Company
Principal Surety
Pat Skube, Chief Estimator TINA DAVIS, ATTORNEY-IN-FACT
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 ($0.00)
THIS IS NOT A BOND NUMBER
' ' IMITED POWER OF ATTORNEY
X�� 111649
KNOW AU MEN BY THESE PRESENTS:That the XL SPECIALTY INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the State of Delaware
("Company"or"Corporation"),with offices at 25 Independence Blvd.,Suite 4006,Warren,New Jersey,07059,does hereby nominate,
appoint; Tina Davis,Jace Pearson,Vicki Sorensen
its true and lawful Attorney(s)-En-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deetl;where regwred,any and all bands,
undertakings,recognizances and written obligations in the nature thereof,the penal sum of no one of which is in any event tfl' xc
eeed$,UNLIM0L,00,Such bonds and
undertakings,when duly executed by the aforesaid Attorneys)-in-fact shall be binding upon the said Conipanyias fully and to the sarr;e extent as if sue h:bonds and
undertakings were signed by the President and Secretary of the Company and sealed with it's corporate°seal.This.;Power of Attorney;is granted and I is signed by facsimile:'
under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th dayiof December,1988:
"RESOLVED,That the President,or any Vice President of the Company or any person designated.by any one of them is hereby authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,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 Attorney,and to
attach thereto the Seal of the Company.
FURTHER RESOLVED;That the signature of such offtcers:and the Seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto 11 by facsimile,aria any such Fower of Attorney:orcert ificate.bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with
respect to ahy.bond,undertaking or,_entract oFsuretyship to:which it is attached."
Bonds executed under this Power of Attorney maybe executed under facsimile signature and seal pursuant to'the following Resolution adopted by the Board of Directors of the
Cornpany.nn August 7,1g97:
RESOLVED,That the signature of Nicholas M.Brown Jr.,as President of this Corporation,and the seal of this Corporation may be affixed or printed on any and all
bonds,undertakings,Yecognizances,or other written obligations thereof,on any revocation of any Power of Attorney,or on any certificate relating thereto,by facsimile,
and any Power of Attorney,any revocation of any Power of Attorney,bonds,undertakings,recognizances,certificate or other written obligation,bearing:such facsimile
signature or facsimile seal shall be valid and binding upon the Corporation.
IN WITNESS WHEREOF,the XL SPECIALTY INSURANCE COMPANY has caused Its corporate seal to be hereunto affixe.d,and these presents to be signed by its duly,
authorized officers this October 26th,2004.
�Illglllllil!!1bll/b! ' '' -�
" \NSU��c
O `� XL SPECIALTY INSURANCE COMPANY.
�;:pFtP ��.
U.r V cn i0 ` ....:
N. '0
�:.
SEAL..
BY PRESIDENT
STATE OF DELAWARE
COUNTY OF NEW CASTLE Attest:
SECRETARY
On this 26th day of October,2004,before me personally came Nicholas M.Brown Jr.to me known,who,being duly sworn,did depose and say:that he is President of.the Corporat n
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the aforesaid instrument is such'corporateseal:and was
affixed thereto by order and authority of the Board of Directors of said Company;and that he executed.the said instrument by like order.
OQUR
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STATE C1F NEW JERSEY' NOTARY PUBLIC
OoNTY OF SERGE
I,Ben.M,Lianeta,Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Delaware,do hereby certify that the above and forgoing is a full,true and
correct copy of Power:of.Attorney issued by said Company;and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the
original and that the said Power of Attorney is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at the City of Wilmington,this 22 day of FEBRUARY 20 ,
�Nxulmubbbry SECRETARY
a QY OFtPO qy .
�N`.SEAL:.z This Power of Attorney may not be used to execute an bond with an ince tion date after
tic Y Y Y P October.26..2008
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