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HomeMy WebLinkAboutPW CNT 14-03/Relyco CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920) 236-5106 LETTER OF TRANSMITTAL To: Relyco, Inc. Date: March 19, 2014 PO Box 5246 Project: Armory Area Stormwater Det. Basin De Pere, WI 54115-5246 From: Carol Marchant, Adm. Assistant Re: Contract 14-03 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Fully executed copy of Contract 14-03 (original) National Guard Armory Area Stormwater Detention Basin These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 26th day of February, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RELYCO, INC., PO Box 5246, De Pere, WI 54115-5246, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 14-03 for the National Guard Armory Area Stormwater Detention Basin,for the Public Works Department, pursuant to Resolution 14-74 adopted by the Common Council of the City of Oshkosh on the 25th day of February, 2014, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of$2,777,768.50, adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 r ' a In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR RELYCO, INC. By: - L A ©111),v•- (Seal of Contractor (Specify Title) if a Corporation.) By: ■■, - - — =-�- K c/Tye-5 (Specify Title) CITY OF OSHKOSH - By: 2 -- /' ^k4 � � ii�2`- Mark . Rohloff, City Manager (Witness) � And A lid Witness) Pamela R. Ubrig, City CI rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under _ this contract 7WKE, orney t • t !d City Comptr•+- )/3 j c2 J 3 • • DATE(MM/DD/YYYY) .`` °R° CERTIFICATE OF LIABILITY INSURANCE 03/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the ig certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT 'O NAME: Aon Risk Services Central, Inc. PHONE FAX Green Bay WI Office (A/C.No.Ext): (920) 437-7123 (A/C.No.): (920) 431-6345 '0O 111 N. Washington Street, Suite 300 E-MAIL p P. 0. Box 23004 ADDRESS: _ Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: ACUITY, A Mutual Insurance Company 14184 Rel yco. Inc INSURER B: Att: Brad Ottum P 0 BOX 5246 INSURER C: De Pere WI 54115-5246 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570053092896 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY L20917 04/25/2013 04/25/2014 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR Package DAMAGE TO RENTED $100,000 PREMISES(Ea occurrence) MED EXP(Any one person) $5,006 PERSONAL&ADV INJURY $1,000,000 rn GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 rn POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 m OTHER: o N- A L20917 04/25/2013 04/25/2014 COMBINED SINGLE LIMIT Ln AUTOMOBILE LIABILITY $1,OOO,O00 Package (Ea accident) •• X ANY AUTO BODILY INJURY(Per person) o ALL OWNED —SCHEDULED BODILY INJURY(Per accident) 0) AUTOS —NON OWNED PROPERTY DAMAGE CO X HIREDAUTOS S X AUTOS (Per accident) w 0) d) A x UMBRELLALIAB X OCCUR L20917 04/25/2013 04/25/2014 EACH OCCURRENCE $7,000,000 U EXCESS LIAB CLAIMS-MADE Package AGGREGATE $7,000,000 DED RETENTION A WORKERS COMPENSATION AND L20917 04/25/2013 04/25/2014 x PER OTH- EMPLOYERS'LIABILITY y/N Package STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000— MN NA- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedulo may be attached if more space is required RE:CONTRACT 14-03, NATIONAL GUARD ARMORY AREA STORMWATER DETENTION BASIN, OSHKOSH, WISCONSIN. ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO, AND UMBRELLA CITY OF OSHKOSH AS RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, i'-a AS REQUIRED BY WRITTEN CONTRACT. CONTRACT PRICE: $2,777,768.50. ei V-= CERTIFICATE HOLDER CANCELLATION ni SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. —I CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE — 215 CHURCH AVENUE OSHKOSH WI 54903-1130 USA "�_- `�3 � M ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AL MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. HGMW-10-199-0062 That Relyco, Inc. of P.O. Box 5246, De Pere,WI 54115 as Principal, and the Hudson Insurance Company of New York, NY as Surety are held and firmly bound unto the City of Oshkosh in the penal sum of Two Million Seven Hundred Seventy Seven Thousand Seven Hundred Sixty Eight&50/100 ( $2,777,768.50 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Signed and delivered this 10th day of March 2014 WHEREAS,the Principal entered into a certain contract, dated the 26th day of February 2014 with the City of Oshkosh to furnish all the material and labor necessary for the construction of Contract 14-03, National Guard Armory Area Stormwater Detention Basin Oshkosh,WI in conformity with certain specifications; and - WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Hudson Insurance Company of New York, NY for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said Relyco, Inc. as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work,within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted.Any obligation beyond this shall be that of only the Principal. Relyco, Inc. Principal Approved By Hudson Insurance Company 6,e) C� Kelly L.Cody,1ttorney-in-Fact • t\ HUDSONh INSURANCF GROUP:, BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 17 State Street, New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jeffrey R.Meisinger,Kenton D.Arps,Kelly L.Cody,Roxanne L.Jensen of the State of Wisconsin its true and lawful Attorney(s)-in-Fact,at New York City in the State of New York,each of them alone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes. Such bid bonds,when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. Witness Whereof,HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly autho .� 1st day of November ,20 10 at New York,New York. (Co /40 .`it s 19111 HUDSON INSURANCE COMPANY • ' J drOlV/ Attest... :. Deborah S.Aschheim,Corporate Assistant Secretary Christopher T.Suarez,Execu i Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 1st day of November ,2010 before me personally came Christopher T.Suarez to me known,who being by me duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCE COMPAN , the Company described herein and which executed the above instrument,that he knows the seal of said Company,that the seal affixed to said instrument is the c rate seal o said Ct npany,that it was so affixed by order of the Board of Directors of said\;rpa�I�d,hat he signed his name thereto by like order. / .M MUH/P e .•'pS1JYPUe'• ANN M.MURPHY (Notarial Seal) � : tttpOFNFiyop'• Notary Public,State of New k No.01 MU6067553 OIMU606755$ :*= Qualified in Nassau County Commission Expires December 10,2013 • •'• 1Fl .11., � CERTIFICATION STATE OF NEW YOMirg, . '•'• � '`���� COUNTY OF NEW YORW///I,1111 0 The undersigned Deborah S.Aschheim hereby certifies: THAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27th,2007,and has not since been revoked,amended or modified: "RESOLVED, that the President,the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attorneys-in-fact,for the purpose of carrying on this Company's surety business,and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,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,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. • (•, hand of the undersigned and the seal of said Company this I Dill day of IPYICLAC..PA ,20 24 . (Corpo 1918 #014 --eZabed Deborah S.Aschheim,Corporate Assistant Secretary H:\My Documents\HUDSON\Surety\Powers and Seals\POA templates\Form Bid 8 2010(v1).doc ORIGINAL WISCONSIN SOCIETY OF ARCHITECTS .1J14- , ,' THE AMERICAN INSTITUTE OF ARCHITECTS ` AI WIS. AIA DOCUMENT Ci JULY 1980 ED. WIS. A312 to o, PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. Bond No.HGMW-10-199-0062 U, KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) RELYCO,INC. P.O.Box 5246 De Pere WI 54115-5246 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) HUDSON INSURANCE COMPANY 100 William Street 5th Floor New York NY 10038 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH 215 Church Avenue Oshkosh WI 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Million Seven Hundred Seventy Seven Thousand Seven Hundred Sixty Eight and 50/100Dollars ($ 2,777,768.50 ), (Here insert • sun at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these.preserits, WHEREAS, RELYCO,INC. Principal has by written agreement dated 2/26/2014 , entered into a contract with Owner for Contract 14-03,National Guard Armory Area Stormwater Detention Basin,Oshkosh,Wisconsin. in accordance with drawings and specifications prepared by (Here insert full name, tide and address) which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes, The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AlA DOC.WIS.A3I2AUGUST. 1989ED. PAGE I Copr. 1969 Wisconsin Society of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 10th day of March , 2014 IN THE PRESENCE OF: RELYCO, INC. Priscilla! Cl w .e c` e By: (Seal) Title: t_.Cc r?2. . HUDSON INSURANCE COMPANY Nue of Surety tUri (i 7 By: (Seel) Wits 'tip: Kelly L.Cody Attorney-in-Fact APPROVED BY* IN THE PRESENCE OF: Owner By: (Seal) Witness Title: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND _ TWO PAGES W1S.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 C' HUDSON tii HGMW-10-199-0062 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 17 State Street. New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jeffrey R.Meisinger,Kenton D.Arps,Kelly L.Cody,Roxanne L.Jensen of the State of Wisconsin its tote and lawful Attorney(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if'signed by the President of said Company under its corporate seal attested by its Secretary. 'itness whereof, HUDSON INSURANCE COMPANY has caused these presents to he of its Executive Vice President thereunto duly autho ',3421 . 1st day of November ,2010 at New York,New York. (Corry rttelit ., HUDSON INSURANCE COMPANY +4, .t. ' . . '- ' Attest... % L By.... Deborah S.Aschheim Christopher T.Suarez Corporate Assistant Secretary Executive Vice President STATE OF NIW YORK COUNTY OF NEW YORK. SS. On the 1St day of November ,2010 before me personally came Christopher T.Suarez to me known,who being by me duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument,that he knows jgjl of said Corporation,that the seal affixed to said instrument is such cur rate seal,th. it w ,so affixed by order of the Board of Directors of said Cor lt���r tl ake Icy signed his name thereto by like order. RP r it . ..,PRY f'Ug • ; ... Ir.: (Notarial Seal) �•4":0144,1.10'°, r N NI.MURPHY Notary Public,State o New Y rk i*. 9ttt741i1667553 :7ir= No.O 1 MU6067553 — Qualified in Nassau County '.+ ° ,,_ ,, ` Commission Expires December 10,2013 5 Sao d • CCY�'`' � ~ STATE OF NEw`Yii' fret i'°4. CERTIFICATION COUNTY OF NEW YORK SS. The undersigned Deborah S.Aschheim hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of'the Board of Directors of Iludson Insurance Company dated July 27r,,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances,whether made by this Company as surety thereon or otherwise, indemnity contracts,contracts and certificates,and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOLLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in fill force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. II Witness the hand of the undersigned and the seal of said Corporation this 1� 1 '"day of Marc C t\ 20 I L/ w>Me� (Corpo i r '��,��))1t'i x:. 1918 '* By...... . ..... ?~ ;qh ►. Deborah S.Aschheim, Corporate Assistant Secretary ll:\My Documents\HUDSON\Surety\Powers and Seals\POA templates\Form PerfA 10 8 2010(vt).doc