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CONSTRUCTION CONTRACT SLURRY SEAL- 2011 THIS CONTRACT, dated this ath Day of March, 2011 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Intermountain Slurry Seal, Inc. (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through five and the following: 1. Advertisement for Bids; 2. Project Specifications titled: SLURRY SEAL- 2011; 3. Bid/Proposal of the Contractor dated February 22, 2011, physically attached to this Contract; 4. The Engineering Plans (N/A This Contract); 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One issued prior to opening of bids, attached; 7. Change Orders which may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: SLURRY SEAL- 2011 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before AUGUST 20, 2011. Work shall begin no earlier than July 5, 2011 and completed within THIRTY (30) calendar days from commencement of work, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT 0\}·09 ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the work in accordance with the Contract Documents in current funds the amount of One Hundred Fifty-Eight Thousand Five Hundred Seventy-Nine Dollars and Sixty-Three Cents ($158.579.63). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the plans and specifications established for this project. ARTICLE 7. HOLD HARMLESS /INDEMNIFICATON In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct, or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer I Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City. PAGE 2 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this Contract for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or this Contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 13. COMMUNICATIONS Such communications as are required by this Contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Intermountain Slurry Seal, Inc. P.O. Box 50085 Watsonville, CA 95077 Phone: (801)526-6144 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 Phone (208)883-7034 PAGE 3 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN \fiJ!TNESS WHEREOF, said Contractor and the City have caused this Contract to be executed em the day and year first above written. Contractor: Intermountain Slurry Seal, Inc. \ ACKNOWLEDGMENT SEE ATTACHED CALIFORNIA ACKNOWLEDGEMENT State of ) ) ss Countyof ) On this day of , 2011 , personally appeared Gary R. Price known to me to be the President of Intermountain Slurry Seal, Inc. described in the above document and acknowledged to me he executed the same. (seal) Notary Public residing at: My commission expires:-Ą Date PAGE 4- CONSTRUCTION CONTRACT ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Santa Cruz County of } March 18, 2011 On V.J. Fox, Notary Public before me, oale Here Insert Nama and 11tle of tha OfficGr personally appeared K_a_ t _hl_e_e _n _ S_ c_ h _re_ c_k_en_g:.. .o _ s _ t, _ V _ i ce=P re s id= e= nw t _ Name(s) of s1i}iier(s) Place Notary seal Abova ..yho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha<;t'ŭfirf Signature ' 'd OPTIONAL Signature of Notary Public V J F N t p bl" . . OX, 0 ary U IC Though the information below Is not required by Jaw, it may prove vafuab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Date: Number of Pages: _ _ _ Signer(s} Other Than. Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: 0 Individual 0 Corporate Officer-Tille(s): 0 Partner- 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _ _ _ Signer Is Representing: _ Signer's Name: _ _ 0 Individual 0 Corporate Officer-Tille(s): 0 Partner- 0 Limited 0 General 0 Attorney in Fact OTrus\ee 0 Guardian or Conservator 0 Other: _ Signer Is Representing: _ c2007 Nai!Onal Nolary Assoclalion• 9350 De SOlo P.O. Box 2402• Cha\s,vorlh, CA 91313·2402 • www.NalionaJNotary.org Item #5907 Reorder:GaiiTo!I·Free H!00-876-6827 ---PAGE BREAK--- SEE ATTACHED CALIFORNIA ACKNOWLEDGMENT ACKNOWLEDGMENT State of ) ) ss County of ) On this day 2011 personally appeared---------- known to me to be the Intermountain Slurry Seal, Inc. described in the (corporate officer title) the above document and acknowledged to me he/she executed the same. Notary Public residing at: (seal) My commission expires: _ Date PAGE 5- CONSTRUCTION CONTRACT ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Santa Cruz County of } M arch 18, 2011 On V.J. Fox, Notary Public before me, oate Here lnseft Neme and Title of the Offk:et personally appeared _ T_ho_ m_a _s _M _ . _ B_o_ d_e_m_a _ n _ ,_A_s_s_is. , t= a nt s e . . c r ta , _ Name(s) ol Slgnet(s) @ "\ZJF • < Commission# 1767859 t ȇ Notary Public - California " Santa Cruz County ĕ My Comm Expires Sep l 5, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my haff_rfficial Place Notary seat flb<;ve Signature / " Sig OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraud(l/ent removal and reallachment of this form to another doc(lment. Description of Attached Document Title or Type of Document Number of Pages: _ Signer{s) Other Than. Named Above: Capacity(ies) Claimed by Slgner(s) Signer's 0 Individual 0 Corporate Officer-Title(s): 0 Partner- 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _ Signer Is Representing: _ _ Top of thumb here Signer's Name: _ _ 0 Individual 0 Corporate Officer- Tille(s): _ 0 Partner- 0 Limited 0 General 0 Attorney in Fact OTrustee 0 Guardian or Conservator 0 Other: _ Signer Is Representing: _ • Top of thumb here 102007 National Notary AssoclatiO!I• 9350 De Solo Me., P.O. Box 2402 •Chals\•.,rt/1, CA 91313·2402 • IWII'I.NaliQoaiNolary.org !tern #5907 Reorder; Cat!Tolt·Free 1-800-117&6827 ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: 2/22/11 This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for SLURRY SEAL- 2011, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East Second Street, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. Iċ is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that whfm received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shan· be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish perfonnance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that Čhe said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 2 ---PAGE BREAK--- 8. The undersigned, as a bidder, aclmowledges that Addenda Number through have been delivered to him and have been examined as. part ·of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IBql3 ofthe Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number P_W ( 1 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Infonnation herein must comply with Idaho Code Section 67-2310 and IB-16: Subcontractors Trade Specialty a.Tt. N Idaho Public Works License No. OOl:/38 $Amount .3 ' 3 "10 . 0 0 c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for SLURRY SEAL - 2011 as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: 3 ---PAGE BREAK--- . . Area No. 1. 2. 3. 4. 5. Descri)2tion Palouse River Drive (SH-95 to Nursery St.) Blaine Street (3rd St. to SHq8) Eastgate Addition Frontier Addition ( Prospect Point) Stoke's Addition BID SCHEDULE Quantity &Unit 7,400 Sq. Yds. 13,1 80 Sq. Yds. 37,813 Sq. Yds. 29,655 Sq. Yds. 21.924 Sq. Yds. Unit Total Price Price $ ln L{'fZ $IQb I0·2Z-' PerS.Y. $ LLt'-lZ ${Cf,9:b PerS.Y. $l,.c.l t.t I $ :-zb þ Per S.Y. $ \ .t--lll $ :tz ,7bz-;' Per S.Y. $ G t'1· Lll Per S.Y. TOTAL BID $ ,lC( .63 P.O. Box 50085 · INTERMOUNTAIN SLURRY SEAUNC. Watsonville, CA 95077 Firm Name ofBidder i Bidders Ma1ling Address PWC-C-11545 Public Works License No; WYOMING Official Title State of Incorporation, if Incorporated SEAL (If Incorporated) Dated at .54q: L41Lt=Cc& l1:bis 22nd day of_,F...o:e=br= ·ua=rv.L..._ , 201 L 4 ---PAGE BREAK--- February 8, 2011 ADDENDUM NO. ONE City of Moscow Project: City Project No. 107-011 The following changes, additions, clarifications, and/or deletions are hereby made a part of Moscow's project MOSCOW SLURRY SEAL 2011, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. Instructions to Bidders Section IB-13 PERFORMANCE PERIOD is modified to read: All work shall begin no earlier than July 5, 2011 and end no later than August 20, 201 I . Once work has commenced, the contractor will complete the work within 30 working days. Receipt of ADDENDUM NO. ONE must be acknowledged. This addenda must be signed and attached to the bid to acknowledge its receipt: LIEJ<.MOUNT1tl\l S!Ltee'{ Sc==-.q.L. Firm Name of Bidder Title z!J i /z tl ---PAGE BREAK--- CHUBB Bond No. N/A CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 Phone: {908) 903-3485 • Facsimile: (908) 903-3656 FEDERAL INSURANCE COMPANY BID BOND Amount $ Know All Men By These Presents, That we, INTERMOUNTAIN SLURRY SEAL, INC. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF MOSCOW (hereinafter called the Obligee), in the sum of Five Percent of Bid Amount Dollars of Bid for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 02/09/2011 WHEREAS, the Principal has submitted a bid, dated [PHONE REDACTED] for SLURRY SEAL- 2011 Project No. 107-011 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of thŮ failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the diffei"ence, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which thē Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Form 15-02·0002 (Rev. 11-99) INTERMOUNTAIN SLURRY SEAL, INC. j Principal By: : !JERAL INS'!!!lE COMPANY P. Johnson, Attorney- In-Fact ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Santa Cruz County } On 02/0912011 before me, .!S}!lc1!:.9 R. Fortier, Notary Public Here Insert Namo and llUo of tho Of/icer Data personally appeared . n:z., Y Name(s) of Slg.1er(s) @ KENDRA R. FORnER · Commission tl1et1n3 8 Notary Public • Caltfomla z Santa Cruz County J. 0 4Ml gozuJJ. n !·3&4 f Place Notary Seal tu>ovo Federal Insurance Compan y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document EUJd could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Number of Pages:------ Signer(s) Other Than. Named Above: Capacity(les) Claimed by Slgner(s) Signer's 0 Individual 0 Corporate Officer- Tille(s): 0 Partner- 0 Limited 0 General 0 Attorney In Fact 0 Trustee 0 Guardian or Conservator 0 Other: _ _ Signer Is Representing: _ Top ollhumb here Signer's Name: _ 0 Individual 0 Corporate Officer-Tille(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact OTrustee 0 Guardian or Conservator 0 Other: _ Signer Is Representing: _ Top of thumb here C2007 National Notary Assodation• 9350 De SotoA\'o., P.O.!IQX 2402 •Chals\·,'Oflh,CA 91313·2402• \WIW.NalionaiNotary.org Hem Ȇ5907 AeQider: Cai!ToU·Frco 1·80076-68:!7 ---PAGE BREAK--- CHUBB Chubb Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, ·an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby ĄąČWĆćeĈnĉnaSrĊċ zhgf g - each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver lor and on their behalf as surely thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business on behalf in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGjhANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and 17 day of December, 2009 STATE OF NEW JERSEY ss. County of Somerset On this. 17th day of December, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executĒ the foregoing Power or Attomey, and the said Kenneth C. Wendel, being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies: and that he signed said Power ol Allorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President or said Companies: and that the signature or David B. Norris, Jr subscribed to said Power of Attorney is in the genuine handwriting or David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. STEPHEN B. BRADT Notary Public, State of New Jerley No. 2321097 Commission Oct. 25, 2014 CERTIFICATION Extract from the By-laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf ol the Company may and shall be executed in the name and on behalf of the Company, either by the Chatrman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respachve designations. The signature of such officers may be engraved, printed or lithographed. The signature or each of the following officers: Chairman. Prestdent. any Vice President, any Assistant Vice Pnesident, any Secretary, any Assistant Secreta!)' and the seal of the Company may be affixed by facsimile to any power or attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact lor purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimlle signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY (the "Companies") do hare by certify that the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vig1tant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in lull force and effect. Given under my hand and seals of said Companies at Warren, NJ this 02{09{2011 Lfi. IN THE EVENT YOU WISH TO NOTIFY US OF A CIJ\IM, VERIFY THE AUTHENTICITr' OF THIS BOND OR NOTIFY US OF ANY OTI-tER MATIER, PLEASE ONTACT US AT ADDRESS LISTED ABOVE OR BY Tele hone 908 903- 3493 Fax 908 903- 3656 e-mail: sure @ chubb.com Form t5-10-0154B-U {Rev.I0-02) CORP CONSENT