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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-233C' Temp. Reso. #7232 Revision #1 - 10/13/95 CITY OF TAMARAC RESOLUTION NO. R-95- pj 53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE THE 10% RETAINAGE AMOUNT OF $29,826.60 TO UNITED UNDERGROUND CONTRACTOR CORPORATION OF HOLLYWOOD, FLORIDA AND RELEASE PERFORMANCE AND PAYMENT BOND NO. SA1-300-882 FROM STAR INSURANCE COMPANY OF SOUTH FIELD,MICHIGAN FOR $298,266.00 FOR THE TRACT 27 SPORTS COMPLEX DRAINAGE IMPROVEMENT PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PR IDING AN EFFECTIVE DATE. WHEREAS, United Underground Contractor Corporation of Hollywood, Florida has completed drainage improvements at Tract 27 Sports Complex for a contract amount of $298,266.00, for which a 10% retainage amount of $29,826.60 was held by the City per contract requirements, and WHEREAS, United Underground Contractor Corporation of Hollywood, Florida, as Principal, with Star Insurance Company, as Surety, has filed with the City Performance Bond and Payment Bond No. SA1-300-882 in the amount of $298,266.00 to guarantee installation of drainage improvements at Tract 27 Sports Complex, and 1 Temp. Reso. #7232 Revision #1 - 10/13/95 WHEREAS, the facilities have been inspected and found acceptable by the Public Works Department and the Parks and Recreation Department, and WHEREAS, it is the recommendation of the Public Works Director and the City Engineer that the 10% retainage amount of $29,826.60 be released to United Underground Contractor Corporation of Hollywood, Florida, subject to receipt of Final Release of Lien from all subcontractors, Final Release of Lien by Contractor, and Affidavit on Behalf of Contractor; and Performance and Payment Bond No. SA1-300-882 in the amount of $298,266.00 posted for drainage improvements at Tract 27 Sports Complex, be released subject to receipt of a Warranty Bond in the amount of $74,566.50 per the requirements of City Code Section 10-156, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to release the 10% retainage amount of $29,826.60 subject to receipt of Final Release of Lien from all subcontractors, Final Release of Lien by Contractor, and Affidavit on Behalf on Contractor; and the Performance and Payment Bond No. SA1-300-882 in the amount of $298,266.00 posted for drainage improvements at Tract 27 Sports Complex, subject to receipt of a Warranty Bond in the amount of $74,566.50. 6 Temp. Reso. #7232 Revision #1 - 10/13/95 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the 10% retainage amount of $29,826.60 is HEREBY RELEASED; subject to receipt of Final Release of Lien from all subcontractors, Final Release of Lien by Contractor, and Affidavit on Behalf of Contractor; and Performance and Payment Bond No. SA1-300-882 posted by United Construction Corporation of Hollywood, Florida, as Principal, with Star Insurance Company, as Surety, in the amount of $298,266.00 posted for drainage improvements at Tract 27 Sports Complex, is HEREBY RELEASED subject to receipt of a Warranty Bond in the amount of $74,566.50 per the requirements of City Code Section 10-156. Section 2: That the appropriate City Officials are hereby authorized to execute this Resolution to release the 10% retainage amount of $29,826.60 subject to receipt of Final Release of Lien from all subcontractors, Final Release of Lien by Contractor, and Affidavit on Behalf of Contractor; and Performance and Payment Bond No. SA1-300-882 in the amount of $298,266.00 posted for drainage improvements, subject to receipt of Warranty Bond in the amount of $74,566.50. A copy of the bond is attached as "Exhibit 1." Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 3 LJ 1 Temp. Reso. #7232 Revision #1 - 10/13/95 Section 4: If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of G �1995. ATTEST: CAROL A. EVANS, CMC I HEREBY CERTIFY th I have ap o e thi lut' n as to form I CHELL S. KRAFT CITY ATTORNEY G ES/bl 10/25/95 RECORD OF COMA MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: COMM. MI HKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHLK 4 USY0 9S -a33 r • • EXHIBIT 111" THE AMERICAN INSTITUTE OF ARCHITECTS ' MAR 3 0 1995 TAMAR ' Bond No. SAl 300 882 AC C1TY ENGINEt� AIA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): UN M UMERC RMM CWM=OiZ CORP. 600 North 71st Avenue Hollywood, Florida 33024 OWNER (Name and Address): City of Tamarac, Florida 7501 North University Drive Tamarac, Florida 33321 CONSTRUCTION CONTRACT Date: February 8, 1995 Amount: $298, 266.00 Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: $298, 266.00 Modifications to this Bond: SURETY (Name and Principal Place of Business): Star Insurance Company 26600 Telegraph Road Southfield, Michigan 48634 APPROVED CITY OF TAMARAC ENGINEERING DATL- 3 - 30 -•' T5 SIGN T• w V�,•. •.Ir. 1 I • •• • :r I :+ h TAMMW FraUM March 22, .. ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: United Under r (Ccraora,e Seal) g ntract r Co Star Insurance Company Signature: ignature: Name ar,d,,itle: i A. Carbuccia, ame and Title: Charles D. Nielson, President Attorney —in —Fact (Any additional signatures appear on page 3) (FOR INFOR,WATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (architect, Engineer or Collinsworth, Alter, Nielson,- other a Fowler & Dowling, Incp)' . 5979 Northwest 151st Street, #105 Miami Lakes, Florida- 33014 AIA DOCUMENT A31I PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 CO. • AIA 9 THE-4LmERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.w„ WASHINCTON. D.C. 20006 A312-t98-t THIRD PRINTING • MARCH 1987 e- 9s--- - -733 0 r- ] _F • 1 The Contractor and :he Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor •selected to perform the Construction Cantragt in actor- , dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount Is deter- mined, tender payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Suretv demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce anv remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whoie or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Suretv elects to act under Subparagraph 4.1, 4.2. or 4.3 above. then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6. -2 Addltionat.11egal, design professional and. delav costs resulting from the"Conttactor's Default,'and re- sulting from the actions or failure to act of the Suretv under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contrac% actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of anv such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Anv proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - OECEMBtR 1Q84 ED. • AIA 19 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE_, N.W„ WASHINCTON D C _OOW THIRD PRINTING - MARCH 15187 A312-1984 2 • 3-3 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on-te sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conilicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract' 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sit;• nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover Pape. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate '-71-3t Signature: Name and Title: Address: Signature: Name and Title: Address: AM DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT 90v0 - D(CEh16ER 198.3 ED. AIA k9 THF 1MFR!C.J1IV IN5-1Tt ITF ('1F tp(-t,r Trr-' •^5 VF,.V YORK .{VF.. V w WASHIN('Tr--q "1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. SA1 300 882 AIA Document A372 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): UNIM U5IDFRGROUrID CWTItACTOR CORP. 600 North 71st Avenue Star Insurance Company Hollywood, Florida 33024 26600 Telegraph Road Southfield, Michigan 48034 OWNER (Name and Address): City of Tamarac, Florida APPROVED 7501 N North University Drive C.T`" OF "FA M�` R - ENGINEERING ' �� $.�dGltdEc�iPdG Tamarac, Florida 33321 Ceti T L CONSTRUCTION CONTRACT Date: February 8, 1995 Siva ti Amount: $298, 266.00 Description (Name and Location): "TRACT 27 SPORTS COMPLM DRAINAr.E BOND nP�. HID ND. 94-14 TAMARAC, Date (Not earlier than Construction Contract Date): FL RmA March 22, 1995 Amount: $298, 266.00 Modifications to this Bond: _ ❑ None uk See Page 5 CONTRACTOR AS PRINCIPAL SURETY Com any: (Coe rate Seal) Untied Company: (Corporate Seal Undergr Contractor Star Insurance Company Signature: Signature: ` Name and Itle: ue1 A• Carbuccia, Name and Title: Charles D. Nielson, sident Attorney -in -Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: Collinsworth, Alter, Nielson, - OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Fowler & Dowling, Inc. 5979 Northwest 151st Street, #105 Miami Lakes, Florida 33014 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA +9 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N.W., WA5HINGTON, D.C. 20006 A312-1s&i THIRD PRINTING • MARCH 1987 b� 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is ir�wrpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit ?s for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim stating the amounts that are undisputed and the basi; for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputec amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims. if any, under any Construction Performance Bond. BN, the Contractor furnishing and the Owner accepting this Bond, they agree that all :ands earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obl'r gations to make payments to, give notices on behalf of. or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which t! a Claimant gave the, notice required by Subparagraph 4.1 _;r Clause 4.23, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Corr struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by la%., the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shail be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply ith s statutory or other legal requirement in the location here the construction was to be performed, any provision in rh:s Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement snz:l be deemed incorporated herein The intent is that th:: AIA QQCUMENr A712 - PERFORMANCE BOND AND RAYM(Nr BOND - DECEMBER 1984 ED - MAS T-4F . l sir . ._- t c -w, .Ali rr •r '•1� VI'.V ")Rw -0 N'.V WASHINI,I-) rvNY Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the • 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors. and potential beneficiary of this Bond, the Contract shall all other Items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. C� 0 15 DEFINITIONS 15.1 Claimant: An individual or entity having, a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig. nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. THIS 80-40 HEREBY IS AMENDED 80 THAT THE: PROVISIONS AND L IAA1TATIONS OF SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title. Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0 THE AMERIC,AN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE_ N.W., WASHINCTON, D.C.0006 Ta31?-198-i 6 THIRD PRiNritiC - 'AARC14 ,v�- • 11 S1.AR, INSURANCE COMP-_N'Y GENERAL POWER OF ATTORNEY NO: SA13UO882 (Void unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint xA CHARLES D. NIELSON OF MIAMI LAKES, FLORIDA its true and lawful attomey-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of one million ($19000^0.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of °.hem is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary 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 signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7th day of February, 1994. Attest, STAR INSURANCE COMPANY Robert S. Cubbin, Senior Vice President STATE OF MICHIGAN ss.: COUNTY OF OAKLAND By ` p►Ne t� oeroM T iy r, ♦ * Marc S. Willner, Senior Vice President SEAL On this Ith day of February, 1994, before me personally came Marc S. Willner, to me known, who being by me duly, sworn, did depose and say that he is a.Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above Instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. M r 1 0 veTMr Colleen Keltz NOTARY PUBLIC h My Commission Expires: FY 0 ,EM MW CERTIFICATE NOW. Ptii]ft `•M1�A . ja � P41ft inpq �mY20.. MI, im I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force 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. Signed and scaled at the city of Southfield in the State of Michigan. Dated the 22nd day of March _ . I9 95 Mary Jo Renaud, Assistant Secretary 6033-Feb. 94 Page 1 of 1 1pr09$WrtyMgmnlsl