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HomeMy WebLinkAboutSunshine Building and Development Agreement Form Well No. 4 and Raw Water Main Project -2003 12 12 , " J ,1 AGREEMENT FORM THIS AGREEMENT MADE THIS 12~' DAYOF D~-E"J..~~~ . ,2003 between the CITY OF WINTER SPRINGS of 1126 east State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Sunshine Building and Development Corporation, of Casselberry, Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor In the State of Florida, as follows: 1. gES9~ OF WORlS - CONTRACTOR shall perform the work, In accordance with the Contract Documents, at Well #4, Winter Springs, Fl. 32708 for the WTP 1 - Well NO.4 and Raw Water Main Project. 2. CONTRACT DOCVMt;NTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Orawingsas listed on the Bid Form and Index to Drawings; all Addenda Issued prior to and all Change Orders issued after execution of this Agreement. These form the Contrad and are Incorporated into this Contract by this ref$rence. 3. CONTRACT TIIVlE - The CONTRACTOR shall begin work within 10 days after 'the issuance of a written Notice to Proceed and shall complete the work within 180 calendar days from the date of the Notice to Proceed. extensions, If any, are authorized by OWNER, and may only be granted In writing. 4. LIQUIDATED DAMAGes - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss If the Work Is not substantially complete within the time specified In Paragraph 3 above,' plus any extensions thereof allowed In accordance with the General Conditions. They also recognize the delays. expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER If the Work Is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has. .paid. to.CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay 'the CONTRACTOR in current funds for the performance of the work. subject to additions and deductions by Change Order, the Total Contract Price of Two Hundred Seventy One Thousand Nine Hundred Fifty Six and 00/100 Dollars ($271,956.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices Included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 6. PROGR~S PAY~ - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City or their authorized representative, by CONTRACTOR as the work progresses, and In accordance with the Contract Documents. Progress payments may be withheld if: ~~ DEe, 3 2003 TV OF WINTER SPRINGS ~apltal Projects coordinator ,. . . (A) Work is found defective and not remedied; (8) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project. The OWNER shall release 50% of the amount withheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certific:ate. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. 8y making payments OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (8) Work that does not comply with the Contract Documents: - (C)- Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties George F. Edwards, P.E. or his authorized representative is the City's Project Director during the entire period of construction. The OWNER (City) may change the Project Director during the term of this contract. b. Inspections. Opinions. and Proaress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of /'" ,. construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work. by Contractor. d. Interpretation of Contract Documents: Decisions on DisDutes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and StoDDaGe of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. ResDonsibility for SUDervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. DisciDline and EmDloyment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed: c. FurnishinG of Labor. Materials. etc. CONTRACTOR shall provide and pay for aU labor, materials and equipment, including tool$, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees therefor. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. -~~~:qs'l- (' . . . . . . 10. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 11. MEDIA TIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. Signed, Sealed and Delivered in the presence of: ~i-. C. of~ Contractor: /// /~ N e .0. Box 180958 Casselberry, Fl 32718-0958 Address and Telephone 407-339-6721 Date ....... OWNER: CITY OF WINTER SPRINGS .tI~U~--=- By: Ronald W. cLemor&, City Manager ,I 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 ., . CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYY) ACDBD.. 12/15/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Fisher-Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1701 W. Garden Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 711 Pensacola, FL 32591-0711 INSURERS AFFORDING COVERAGE INSURED INSURER A: CNA Insurance Companies Sunshine Bldg & Development CO INSURER B: Attn: Amoret Larosa INSURER c: P. O. Box 958 INSURER D: I Casselberry, FL 32718 INSURER E: Client#. 21552 SUNSHBUIL COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER Pgk!fl,~~~~ P<6~fl,~xr:~~N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ - COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ - n'L AGGREM LIMIT APAS PER: PRODUCTS -COMP/OP AGG $ POLICY ~~9T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ $ ANY AUTO (Ea accident) f-- - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - f-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ::locCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC224762571 04/09/03 04/09/04 X IWC STATU- 1 IOTH- rnRY L1Mrt~ ER EMPLOYERS' LIABILITY $500,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS " *10 day notice of cancellation for non-payment of premium" ~ Project: WTP1 - Well 4 and Raw Water Main Certificate Holder is listed as an Additional Insured as their respects to DEe 2 3 ~nn~ General Liability and Commercial Auto Coverages. (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION Capital Projects Coordinator SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Springs DATE THER,OF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL~DAYSWRITTEN 1126 East S. R. 434 NO CETOTl~ CERTIFICATE HOLDERNAM E LEFT, BUT FAILURE TO DOSOSHALL Winter Springs, FL 32708 IMP SEND B IGA'ONORLlAB~ ANY~ \HEINSURER,ITSAGENTSOR RE RESENT hiES. c::::" AU~D EPR. ENTATlu{' /)-~ I j W -: -/' , ACORD 25-8 (7/97) 1 of 3 #S224990/M196771 , JDH @ ACORD CORPORATION 1988 .. , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7197)2 of 3 #S224990/M196771 '""",' # " . DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation applies in favor of City of Winter Springs as their respects to General Liability, Commercial Auto and Worker's Compensation Coverages. AMS 25.3 (07/97) 3 of3 #S224990/M196771 12/12/03 12:24 FAX 4073317842 D NSBlNE BLDG AN 1lJ11 SECTION 00620 JNSURANCE ENDORSEMENT FORM Name Of Project WT'P 1 - WELL 4 AND RAW WATER MAIN Owner: Engineer: City of Winter Sorlngs jj26 East S.R. 434 WInter SprlnQ9. Florida 32708 CPH Enelneers. Inc. 1117 E. RobInson Street Orlando. Ronda 32801 THIS IS TO CERTIFY that the numbered policies Identified by the attached Certificates of InsUf3nc8 have been Issued by the below-stated company In conformance With the limits and requirements as set forth in the General Condl1lons and Supplementary Conditions. The Insurance company will give at least thirty (30) days' written notice by registered mall to the OWner and the Engineer prior to any material change or cancellation of said polley or policies. ATTACH CERnFICA TES OF INSURANCE AND INDICA IE TYPE OF INSURANCE. POLICY NUMBER. EFFECTIVE DA7C. EXPIRA TlON DA TE. AND UMITS OF INSURANCE. THE CERTlFICA TES OF INSURANCE ARE TO INDICA TE THE NAMED INSURED. AND ARE TO IDENTIFY THE OWNER. ENGINEER AND OTHER PARTIES IDENTIFIED IN THE SUPPLEMENTARYCONDmONSASADDInONAL NAMED INSURED. THE OWNER AND ENGINEER ARE TO BE NAMED AS CERTIFICATE HOLDERS. " ENDORSEMENT The Owner. the Owner's Representative. the Engineer, Architect. and their consultants. and each"of their officers. agents. and employees are included as additionally named insured under said policies but only while acting In their capacity as such and only as respects operations of the orlalnally named InSured. its subcontractors. agents. and employees in the performance of the above-referenced contract. provided, however. that If the loss or damage Is ultimately determined to be the proximate result of the sole negligence of one or more of the aforesaid additionally named insured, this insurance shall not apply. This endorsement shall not operate to increase the Insurance company's total limit of liability hereunder. The insurance company hereby waives Its rights of subrogation against the addltlonally named Insured. Sunshine Building & Development Co. Named Insured CNA Insurance Co. Insurance Company 946060 Maitland CI By ~ , Authorized R presentative (SI nature and Printed Name) (Attach AcknOWledgment) . END OF SECTION FL State 32794-6060 " Zip 00620-0 - DEe 2 3 ?nn~ CITY OF WINTER SPRINGS Capital Projects Coordinator awl. nw een RI IIJCHRI III V 1161141T. L - - ACORDTM CERTIFICATE OF LIABILITY INSURANCE 12/15/03°"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Inc Fisher-Brown ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . , HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1701 W. Garden Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 711 Pensacola, FL 32591-0711 INSURERS AFFORDING COVERAGE INSURED INSURER A: CNA Insurance Companies Sunshine Bldg & Development Co INSURER e: Ohio Casualty Group Attn: Amoret Larosa INSURER C: P. O. Box 958 INSURER D: Casselberry, FL 32718 INSURER E: vrnwn~e vv ~ Lr .r4v..v 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY 01044619785 04/09/03 04/09/04 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one tire) $50 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 000 X PD Ded:2 000 PERSONAL 8 ADV INJURY $1 000 000 , GENERAL AGGREGATE $2 000 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS -COMP/OPAGG $2 000 000 POLICY PRD LOC A AUT OMOBILE LIABILITY 01044616496 04/09/03 04/09/04 COMBINED SINGLE LIMIT $1 000 000 X ANY AUTO (Ee accident) r r ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY 6X00452940348 04/09/03 04/09/04 EACH OCCURRENCE $$ 000 000 X OCCUR ~ CLAIMS MADE AGGREGATE $$ 000,000 DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND T _ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: WTP1 -Well 4 and Raw Water Main Certificate Holder is listed as an Additional Insured as their respects to General Liability and Commercial Auto Coverages. ~~C ~ 3 ~~~~ Waiver of Subrogation applies in favor of City of Winter Springs as their (See Attached Descriptions) CITY OF WINTER SPRINGS ator di n a ital Pro)ects Coor /!PQTIFIR ATF Nr11 nFR ~ ~ enmm~Nei IN CIIRFn•INRIIRER LETTER' CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Springs DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~Q_DAYSWRITTEN 1126 East S.R. 434 NOTI TOTH •ERTIFICATE HOLDER NAM ED TO THE LEFT, BUT FAILURE TO DOSOSHALL Winter Springs, FL 32708 ,~ IM PO ENOO LI~ATIONORLIABILITYOF YKIND THEINSURER,ITSAGENTSOR REPR SENTA V S. AUTH RIZED R RES TATI ~ L ACORD 25-S (7/97)1 of 3 #S224991/M196736 UpH O AGORD GORPORATIVN l9SS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/9~2 of 3 #5224991/M196736 ~ DESCRIPTIONS (Continued from Page 1) ~ respects to General Liability, Commercial Auto and Worker's Compensation Coverages. AM5 25.3 (07197) 3 Ot 3 #F522499'1IM996736 ~~ MEMORANDUM i TO: Andrea Lorenzo - Luaces, City Clerk FROM: George Edwards, P.E., Capital Projects Coordinator RE: Documentation for WTP 1-Well #4 Raw Water Main City of Winter Springs Bid # ITB-002-04/KL DATE: January 27, 2004 Transmitted herewith are the following executed documents for your files: 1) Notice of Award 2) Agreement 3) Notice to Proceed 4) Certificate of Liability Insurance 5) Performance Bond and Labor and Materials Payment Bond erg irroo Mr~ort worn oocv.wc i , ~Y TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. F5586oss6 ,effective In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. . - • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No. 016174 POWER OF AT'T'ORNEY IsNO~V AI.L 11EN BY THESF. PRESENTS: That the GREAT ATvIEKICAN INSURANCE COMPANY, a corporation organized and existing under and by vinue of the laws of the St<1te of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature. thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the linut stated below. Nmne Address Limit of Power LEWIS DONALD RUSHING ROBERT HARRIS DIXON PENSACOLA, FLORIDA ALL ALAN DOUGLAS MOORE GILBERT OSWALT BENNETT PENSACOLA, FLORIDA UNLIMITED ROBERT CORLEY MCLENDON PANAMA CITY, FLORIDA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSlIR.4NCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto aftxed this 26TH clay of NOVEMBER 2002 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss On this 26TH day of NOVEMBER, 2002 ,before me personally appeared DOUGLAS R. BOWEN, to me known, being duly swum, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Setuor Vice President of the Bond Division of Great American Insurance Comp,•my, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instnunent is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company, and that he sighed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Bo:u•d of Directors of Great American Insurance Compam• by unanimous written consent dated March I. 1993. XESO! VE,'U: That the Division Pn>s&leut, the sererral Division Vice Presidents ccnd Assistant Vice Presidents, or arty one of tlrenr, be curd hereby is authorised. from time to time. to appoint one or more .Attorneys-in-Fact to e.recutc nn behalf of the Company, as surety; ary and all bonds, undertakings ccnd corrtrczcts of suretyship, or• other uvitten obligatiars in the natrne thereof,• to proscribe their respective duties rand the respective limits of their authority: and to reroke acv such appoinnttent at arry time. RF.SOI_L'F.U FURTHER: That the Compmty sea/ and the signannr, of arry of the aforesaid c?ffrcers acrd any Secretary or• Assistmtt Secretary of tltc Company orgy be affr.rec! by facsimile to any pciu'er of attoratey or certificate of either given for the execution of any bond undertaking, corrtrnet or suretyship, or other written obligation in tyre nature thereof, such signature and sea! when so used being herelrv adopted b}'the Conrpanv as the original signature of.urch officer and the original seal of the Compm:y. to be valid and binding neon the Conrpanv n•itlt the same ford and effi>ct ns though ntmttrally affixed. CERTIFICATION 1, RONALD C. HAVES, Assistant Secretory of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Ro:u~d of Directors of March L, 1993 have not been revoked and ate now in full force and effect. Signed and sealed this day of S 10297 (17 /01)