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HomeMy WebLinkAboutAdvanced Disposal # Ar -25-020 Augusta Richmond GA DOCUMENT NAME: ,l~'h::, V "lI\.lCE" C'l 'b; s pO sill -tlo- A IZ - ;2 ~ -Q.;<() DOCUMENT TYPE: YEAR: ;;200 '&. BOX NUMBER: } 4> FILE NUMBER: J ~ ;;2. :l ~ NUMBER OF PAGES: <(?" AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES AND\' CHEEK BOODY G. HANKERSON WILLIAM B. KUHLKE. JR. WM. "WILLIE" H. MAYs, III STEPHEN E. SHEPARD MARION WILL'AMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 82t-2488 FAx No: (706) 722-5984 E-MAIL: JWAU.@CO.R.CHMOND.GA.US GEORGE R. KOLB Administrator RiCHARD L. COLCLOUGH Mayor Pro Tern June 11,2002 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 .. RE: Advanced Disposal Our File No, AR-23-020 Dear Lena: I enclose herewith the Labor and Material Payment Bond and the Performance Bond issued with Advanced Disposal Services Augusta, LLC, as Principal. Advanced Disposal Services purchased substantially all of the assets of CSRA Waste. Please include these original Bonds in the City's records. By carbon coy ofthis letter, I am forwarding copies of the Bonds to Teresa Smith for her records. With best personal regards, I am Yours very truly, ~ James B. Wall)~ JBW/sjp Enclosure cc: Ms. Teresa SmiW - , GREENWICH INSURANCE COMPANY Performance Bond Bond Number SEClO01388 KNOW ALL MEN BY THESE PRESENTS: That Advanced Disposal Services Augusta. LLC, (Name of Contractor) a corporation with principal offices located at 9250 Baymeadows Road, Suite 220. Jacksonville. FL 32256 (Address) as Principal (hereinafter called the "Contractor"), and Greenwich Insurance Company as Surety (Sureties), a California Corporation with principal offices located at 520 Eagleview Boulevard, Exton, PA 19341 (Address) (hereinafter called the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission (Name of Owner) (hereinafter called the "Obligee"), in the sum of One Million. Three Hundred Eighty-One Thousand Five Hundred Ninety Nine DOLLARS ($1.381,599.00) (hereinafter called the "Penal Sum"), for the payment whereof the Contractor and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally. WHEREAS, the Contractor has by written agreement dated August. 2001 (hereinafter called the. "Contract") entered into a contract with the Obligee for Residential and Commercial Solid Waste Collection Franchise (Project Description) (hereinafter called the "Project") in accordance with Drawings and Specifications prepared by and/or dated August, 200 I which Contract is by reference made a part hereof; except as otherwise provided herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the conditions set forth hereinbelow. The Surety's obligations and undertakings hereunder shall arise only in the event that the Obligee is not itself in default of any provision or provisions of the Contract. If the Obligee is not in default, and the Obligee contends that the Contractor is in default under the Contract, the Surety's obligations hereunder shall arise only after: 2.1 The Obligee shall have notified the Surety and the Contractor, in writing, by registered or certified mail, return receipt requested, describing with reasonable particularity the basis for the Obligee's contention that the Contractor is in default, and requesting a meeting to occur among representatives of the Obligee, the Contractor and the Surety not later than fifteen (15) days after receipt of such notice, to discuss the matters raised in the notice and the further performance of the Contract by any party; and 2.2 The Obligee has declared the Contractor to be in default and formally terminated the Contractor's right to complete the Contract. The Obligee shall not declare the Contractor to be in default earlier than twenty (20) days after the Surety and the Contractor have received notice as provided in paragraph 2.1 hereinabove, and 2.3 The Obligee has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Contract, or to a Contractor selected to perform the Contract by the Surety at the written direction of the Surety, or in any other manner reasonably requested by the Surety. The "Balance of the Contract Price" is herein defmed as the total amount payable by the Obligee to the Contractor under the Contract after all proper adjustments have been made thereto, including any allowances due the GICSUR7 (7-96) f ...... Contractor from the Obligee in settlement of any insurance or other claims for damages to which the Contractor is entitled, and reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. After the Obligee has satisfied the conditions of Paragraphs 2.1, 2.2 and 2.3 hereinabove, then all Surety, at its option and at its expense, shall take one of the the following actions: 3.1 Arrange for the Contractor to perform and complete the Contract; or 3.2 Enter into a takeover agreement with the Obligee and undertake to perform and complete, or cause the completion of the Contract, either itself, or through any agents or independent contractors of its choosing; or 3.3 Obtain bids or negotiated proposals from qualified contractor(s) reasonably acceptable to the Obligee, for the completion of the Contract. Thereafter, the contractor(s) selected with the Obligee's concurrence, which shall not be unreasonably withheld, shall contract directly with the Obligee for the completion of the Contract (hereinafter called "Completion Contract"). The Completion Contract shall be secured with performance and payment bonds executed by a qualified surety, equivalent to the bonds issued in connection with the Contract. At the time the Obligee executes the Completion Contract, the Surety shall pay to the Obligee any difference between the price of the Completion Contract and the Balance of the Contract Price; subject to the limit of the Surety's liability as stated in the Penal Sum; or 3.4 After investigation, determine the amount of money, if any, required to complete the Contract and tender payment therefore to the Obligee; or 3.5 Deny liability in whole or in part. 1. The responsibilities of the Surety to the Obligee hereunder shall not in any event be greater than those of the Contractor to the Obligee under the Contract. The responsibilities of the Obligee to the Surety shall not be greater than those of the Obligee under the Contract. The Obligee hereby commits the Balance of the Contract Price to the Surety in mitigation of any costs incurred by the Surety in completing or causing the completion of the contract, or in otherwise performing its obligations, if any, hereunder. Under any circumstances, the Surety's liability hereunder shall not exceed the Penal Sum of this Bond. 2. The Surety shall not be liable to the Obligee or others for any obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set-off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Obligee or its heirs, executors, administrators or assigns. 3. Any proceeding, legal or equitable, under this Bond, must be instituted in a court of competent jurisdiction in the jurisdiction in which the Project or any part of it is located. Any proceeding, legal or equitable, must be instituted, if at all, within one (1) year after the Contractor first defaulted and/or was declared by the Obligee to be in default, or within one (1) year after the Contractor ceased work on the Project, or within one (1) year after the Surety has refused to perform pursuant to this Bond, whichever first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitations available to sureties as a defense in the jurisdiction where any proceeding is instituted shall apply. 4. Notice to the Surety, the Obligee and lor the Contractor shall be mailed or delivered to the addresses shown hereinabove. 5. If and when this Bond has been furnished to comply with any statutory or other legal requirement pertaining in any location where the Project is located, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed deleted herefrom, and the minimum provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. GICSUR7 (7-96) 2 .. , ., IN WITNESS WHEREOF, the Contractor and Surety have hereunto caused this Bond to be duly executed and acknowledged as set forth below this 28th day of Mav, 2002. (Impress Corporate Seal) Advanced Disposal Services Augusta, LLC (Nam of Contractor) ATTEST: Title: 6f,,~-/'4~r"a~ ~e....- (Impress Corporate Seal) Greenwich Insurance Company, Surety WITNE;_~ Cifi! Stahl BY:~PCU-&t-~ (Attorney-in-Fact) Anna Dora Paratore - \ ,- ~. '-.' NOTE: An original Power of Attorney bearing same date as Bond and acknowledgments ofC;traltor -' and Attorney-in Fact must be attached. ., . ~ ~ ., - ;. GICSUR7 (7-96) 3 " ,.." '- GREENWICH INSURANCE COMPANY. No. G-236-14 POWER OF ATTORNEY 1!RUtlUt all ~cu hy tqcsc 'rcscuts:thatGREENWICH INSURANCE COMPANY, a California corporation (the "Corporation"), with offices at 70 Seaview Avenue, Stamford, Connecticut, 06902, has made, -constituted and appointed, and ~y these presents, does make a constitute and appoint Anna Dora Paratore. Anita R. Pierce,W. Gregory StroLl , . .. ~,. Jacksonville,. . FL .., . . Its true and lawful Attorney(s)-m-Fact, at . . . . . . . . . . . . . . . . . . . . . . . . . . . , 10 the State of . . , . . . . . . . .. . . . . .. . . .. . . . . . . . and each of them to have full power to act wrthoutthe other or others, to make, execute and deliver on Its behalf, as surety or co-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 so made, executed and delivered shall obligate the Corporation ~r anU?rtion of the penal sum thereof In excess of the sum of . Tw'o'M!"tonF.oyrktundred and Thirty"Nine Thousand . 2,439,000 . . . .... . . , l,.. . . . C , . . ,... C', . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" . . . . . . . . . . . . , Dollars ($ ... ............ ........... . . . . ). SUclf.J)~nd~anJf-:liildfna.l!l.~~i~r,sai~ purposes, when duly executed by s~id attorney(s)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Q()(P9f~~QnJUl\der Its'conioratt~e~l. attested by its .Corpor~te Secretary., ., ..' f -.2:. ./ ,~ '\.:? \ 1 ')"\ - '. c" " . This 'ap'pointm8{1tis f1lllde.under ancrlly lauthority of certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on the 5th day of April, 2000, a copy of ~hiqhpppearsbelow tJillier the h~~1fi:g ,~ntitled "Certificate" . . I ,1 - - ,., , l'hitf>ower of'Attorney is Signed aiKt-s~aled by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on SeP'!ember'-.18.((99Mno.~lcrresolU\i6n has not since been re~oked. amended or repealed: " ---_~~-- 1_ " " RESOLVED, tI1atin gra,!ltnlg powers of attorney pursu~nt to .certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 11, 1996, the slgnatJ.u:e-o( such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power'of attorney or certificate bearing such facsimile signature or seal sha.II be vallO. and..binding upon the Corporation in theJuture with respect to any bond or undertaking to which it is attached.' . This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said attorney(s)-in-fact is authorized to act), December 31 ' . .02 ' , .. ...... .... . ... .... . .... . .,.,........ ,20... .... IN WITNESS WHEREOF, the Corporatio~ has caused these presJlnts to be duly signed and its corporate seal to be hereunto affixed and attested this. . -.1 ~.t.~ . . . day of . . . ~ e~ru~.rx . . . . 02 " . .,', 20 . .. . ., at Stamford, Connecticut." . (Corporate Seal) ~.,... ATIESTSiiaya K'Kie~Vice~""'" STATE OF CQN,NE.Pl6!H_ '. ss: Stamford ' COUNTY% fA1RRHD -:;;"-.;:- on,{~:~-~)~:f3"th"-.~~~~5;:~~~\:, .F:~.q~~C!~. . .. ,20. . . .Q2. b~fore me personally came . . . . . . , .M~ry,A...~Q9qy. Vic!=l. .Pf~.~iq~n\ . . . , . . . . . . ... . . . . . .. " . . ,:':';;"'~(. .l'.I.C.r~:..~::.. .:\'f<\:............................,...................... .to me known: who being by me duly sworn, did depose and say that (s)he resides In ,StamforcP",GJr.I...,... . ,.... .\,...... ... . ...... ,...... ... . ....... that (s)he isa .... .Vlce-Presldent... . .. . .. .. . ... . . of GREENWICH INSURANCE COMPANY, the corporation described in and Which ,l/xecuted the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that rt was so affixed b):""~:'.~"8~~",r.ec"~.9)~ o:Pd corporation, and that (s)he signed his(her) name thereto by like order. "'~.. ..~_ (Notinaf'SeaJ)~'<',",''C,6, t _ fh . :-~'-"'~:'.--=-3:'>:~' .... 'uzar;' . M.'Johnso' CERTIFICATE. MyCommissi6n Expires 12/31/2004 GREENWICH INSURANCE COMPANY " . . . . .~d~i~i' Presideo' . . . . STATE OF CONNECTICUT COUNTY OF FAIRFIELD ss: Stamford I,. . Kar.en M... Manente. . . .. . . .. . . . . . . . . " . .' . . . . . . . . . . . . . a California corporation (the "Corporation"), hereby certify: , the. . . . . Ass.istal1t .Secretary . . . . . . . . . . . . of GREENWICH INSURANCE COMPANY, 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The f.oltow~rd te~,OI0!Qns which were adopted by the Board of Directors of the Corporation by unanimous written consent on April 5, 2000 and said resolutions have not since been revoked, amepded ormgdilied:-_.' ",", '. i~' .~. "~""', \ '.'1 q 1-~>, ,- \. ".flESP(YEQ-,,;rnii\ each of '~.~divklya~ named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or to-sur~ wfth o"the,rs: ,_ ,,' \.;" I '-; I Latra A. Shanaha~ ~"'" I Sheila M. Kelly Mary A. Roddy Suraya K. Kieffer Lynn M. Petilli and; \ ,: ,,"") ; '.," --.:. "~"" , .~.... " ......, .. .' ;--' .:J~' "'-.:::- R'E;&tvE~, 'R;~1'1f61;~~-B'~~h O}:;he individuals named above is authorized to appoint attorneys-In-fact for the purpose of making, executing, sealing and deliver[tl~"~-Qniis.- und~~~ing;'or ." obllgiltlQ!:'S In surety.1)I co-sure~lor and on behalf of the Corporation." J '2 " ,,- ,. ~, "ct:;::':- 3. The und~~~ignea t:itn~;~fies that the above re~olutions ';;e true and correct copies of the r~solutions as so recorded and of the whole thereof. r:-~ /:'1: ' ~':"~ :; ~ ... -' ~__ -x~. ~,- ~ "- ."-;.- f- ~~ ,......., ~ . . ... ' 28th . . May 't. _,", 'J. 02-, ~ c ~ .:;- IN WITNESS WHEREOR I have hereunto set my hand and affixed the corporate seal this.. .............. day of. , . . . . . . . .. . . . . . . . . . . . . : . . . . . . . . . . . .~,~., " ' . . , 20 ' ,. .'., . . -:. ~ ....k~..m.,..m~? Karen M. Manente .::- (Corporate Seal) This Document Is prln'ed on colored bonded salety paper. Any.reproductlons are void. \, GREENWICH INSURANCE COMPANY Labor and Material Payment Bond Bond NumberSECI001388 KNOW ALL MEN BY THESE PRESENTS: That Advanced Disposal Services Augusta. LLC. 9250 Baymeadows Road. Suite 220. Jacksonville. FL 32256, (Name and address of Principal) as Principal, (hereinafter the "Principal") and Greenwich Insurance Company, a company(s) organized and existing under the laws of the State of California, as Surety (Sureties), (hereinafter the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission, (Name and address of Owner) as Obligee, (hereinafter the "Owner"), for the use and benefit of Claimants as hereinafter defmed, in the amount of One Million Three Hundred Eighty One Thousand Five Hundred Ninety Nine Dollars ($1.381.599.00) (hereinafter, the "Penal Sum") for the payment whereof of the Principal and the Surety (Sureties) bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated August, 2001, (hereinafter, the "Contract") entered into a contract with Owner for Residential and Commercial Solid Waste Collection Franchise (Describe the work or project) in accordance with drawings and specifications dated August, 2001. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect; SUBJECT, HOWEVER, to the following express conditions precedent and definitions: (1) A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract. (2) The Principal, the Surety and the Owner hereby agree, jointly and severally, and the Surety hereby undertakes, that every Claimant as hereinabove defined, who has not been paid in full before the expiration of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may thereafter sue on this bond for the use of such Claimant, prosecute suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon; as further expressly conditioned hereinbelow. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No Claimant shall be entitled to any recovery against the Surety hereunder, and no suit or action shall be commenced hereunder by any Claimant, unless and until the following express conditions precedent have been met or performed by the Claimant and/or otherwise as limited hereinbelow: (a) The Claimant, as hereinabove defined, shall have given written notice to the Principal, the Owner and the Surety within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed, describing the work or labor performed and/or the materials provided, and providing the name of the person or entity to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, return receipt requested, in envelopes addressed to the Principal, the Owner and the Surety at any place where they or each of them regularly maintain any office for the transaction of business, or served on the Principal, Owner and Surety in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer; (b) Any suit on this Bond must be commenced, if at all, within one (I) year following the date on which the Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made; it being understood, however, that if any limitation GICSUR6 (7-96) '-, embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period oflimitation permitted by such law; (c) Any suit on this Bond must be brought in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, and not elsewhere. (4) The liability and the undertaking of the Surety hereunder shall in no event exceed the Penal Sum set forth hereinabove. (5) The amount of this bond shall be reduced by and to the full extent of any and all payments made by the Surety in good faith hereunder, inclusive of the payment by the Surety of any mechanics' liens which may be filed of record against the Project, whether or not the claim for the amount of such lien be presented under and against this bond, and whether or not any payments made in good faith by the Surety hereunder were actually due, subject to defense, set-off, contested or uncontested by any party. Signed and sealed this 28th day ofMav , 2002 . A TrEST: Advanced Disposal Services Augusta. LLC Principal By:JoJi-rf4/f-- (SEAL) WITNESS: ~7~ L aa Stahl Greenwich Insurance Company Surety By:~{\j",-^~ (SE~) Anna Dora Paratore (Attorney-in-fact) '"'. ,;:- GICSUR6 (7-96) 2 . . . GREENWI.CH INSURANCE COMPANY POWER OF ATTORNEY 7 No. G-236-15 '1Liinofn nl1 ~en h~ tqese 'resents: that GREENWICH INSURANCE COMPANY, a California corporation (the "Corporation"), with offices at 70 Seaview Avenue, Stamford, Connecticut, 06902, has made, constituted and appointed, and by these presents, does make, constitute and appoint Anna Dora Paratore, Anita R. Pierce,W. Gregory Stroud . . Jacksonville ." . FL . . Its true and lawful Attorney(s)-In-Fact, at . . . . . . . . . . . . . . . . .. In !he St~te of . . . , .. . . . . .. ............... and each of them to have full power to act without the other or others, to make, execute and deliver on its behalf, as .surety 6r co-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 so made, executed and delivered shall obligate the Corporation J~! ,!ny' Eortion of the penal sum th~reof in eXcess of the sum of . !':Y0~Mi!~on.p',0\-1tt:l!{nd.~ed. ~nd. .T~.irty~~i.ne. !~~u~.~n~... .. ... .'... ... ,., " """ " ..:. , DollarS ($ ,. ,~,43,9~0~0." , ,. . , "'" . " , , ,. , ). Suc/1'\Xlnds_ano\liiderf!ll<tngsfQr.saldpurposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the P~esident of trye' ~~()f'~~o.MfndeYrts ~~?.;>>~ttn~~,1 attested by its Corpor~te S~cretary, ., " '. .' .. i _~) " , .' , ..., \ .', This-ap'pointmepHs made under and ,lJY'authority of certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on the 5th day of April, 2000, a copy of ~hlqh appears beloW ronlar the h~di09 !entitled "Certificate." I " . \ I, " ',~'_ / ~ ,~ - Thii(eo*~r g"fttorney i~.s~nrd ~iJ~, sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on Sep!ember't8':l99?i.and~~~J(Yres()lrrti6p ~~s not since been revoked, amended or repeale9: . ---' ;I ..- " ~ESOLVED, that In graptffig powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 11, 1996,tQe signature-of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such powero(attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with.respect to any bond or undertaking to which it is attached. . -, ' This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said attorney(s)-in-fact is authorized to act), December 31 c. ' .... ,."......,....,...,.. .......,..,.,20... Q2. IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this, . ,1 ~.th . . , day of. , , F.~~~~ary . . , , , , 20, .0.2, at Stamford, Connecticut. (Corporate Seal) 'mST$U~~iiice~..... STATE OF CPNNECTlC!:!-L. ss: Stamford - COUNTX O~fA1flFIELD 'J":'. /);;~~'<.:>~>'~~.' ,.~:~\</;~~~:.0-~:\ Ofl.lfllf~~ :/:.13th ' dayM.::','t,..\;" Fe.b~l,Jar:y, . . , ,20.. . . .02, before me personally came, , . . , ., . Mary, A,Roddy, Vice, Pre.si.dent , . . '.' . ' . , , , ., . , , . . '.,' , , , ,,',:~(.", , ,,',\~(;T,\P'~.: , .": ,~,;,,\t. , , . , , , , , , , , , . , , : , . . . , . . . . , . . . . . , . . . . . . , , , , , , .to me known, who being by me duly sworn, did depose and say that (s)he resides in St@mfor.cf::.bt:.',~"., :'.'" .1.",.",..,..,....,."..., '."""" that (s)he is a .,.. -Vice.P.resider:lt."",..""",., of GREENWICH INSURANCE COMPANY, Ibe corporation aescribetl in and Which ,executed the above instr~ment; that (s)he k~ows the seal of said corporation; that the seal affixed to said instrument is such corporate seal: that it was so affixed !y :"':.~ t.~.~. i~:fo{re;rs :f)1d corporation, and that (s)he signed his(her) name thereto by like order. ~)n (Notanalseall -> . ~; .. ,.. ..,... ........ ....,: , ..... ",,',',,': '-." -;.'/ uzan M. Johnso ~'.~ --- -\;:-:- . CERTIFICATE My Commission Expires 12/31/2004 GREENWICH INSURANCE COMPANY ~'a By..............,.., , .... .......,....,...... Mary A. ddy, Vice President STATE OF CONNECTICUT COUNTY OF FAIRFIELD ss: Stamford I" , Karen M.. Manente. ' . . .. , . . , , . . . . , . , . . . , ' .. . , . . . , , , . , , , , , . . . . . . , the, , . . ,Assistant Secretary, . , , , , , . , , , , of GREENWICH INSURANCE COMPANY, a California corporation (the "Corporation"), hereby certify: 1. That the original power of attorney. of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same Is a true and correct copy of the original power of attorney and of the whole thereof; - ----------- 2, The follO~~;tm IeS,QItii)ons~hiCh were adopted by the Board of Directors of the Corporation by unanimous written consent on April 5, 2000 and said resolutions have not since been revoked, ame~d. or h]Qd~fied: -< .~: _~ " . "Ff~S~L~O:i~~ ~:~J'dt'thiCin~Mdliits named below is authorized to make, execute, seal.and deliver for and on behaff of the Corporation any and all bonds, undertakings or Obligations in surety or io-sUre~ Wi!hothers: "\ (; \ . i -:~. I : "I, , ::' ,I, \ Laura A. snanahaf} . ,'/ Sheila M. Kelly Mary A. Roddy Suraya K. Kieffer Lynn M, Petilli amU I. l /-~' I :: _ "~ Lr. ')", \..., '-' '..' ..I ' """';:' RE;O~~E~~:;J~IHER;j~~~h' oi't~e individuals named a~~ve is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bo~1fs, Und~rtak:hgs or obllgatiQns in surety or co-suretyAilr and on behalf of the Corporation.", ,_ ~ ......... 0.. ,.,./ , . . 3. The unde~iQned furtner'certifies that the above resolutions cife true and correct copies of the r~solutions as so recorded and of the whole thereof, ~ "<-:. .~ IN WITNESS WHEREOF, I have hereunto s'et my hand and affixed the corporate seal this. . . . .2.$t.O, . . . .. day~f. -' ;. ~-~'f U ;, ':02 ,n9-.y. , ". ". " , " . ,.,. "" '.' '/" .';J" ,2.0 ,...,;.,c. . . ~r (Corporate Seal) ,...t(OIle/l..m....M~.~'.;. Karen M. Manente This Document Is printed on colored bonded safety paper, Anlre8rodUClionsare void.