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AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of October 2004 by
and between the City of Redlands, a Municipal Corporation, organiz—
ed and existing under the laws
of the State of California, hereinafter referred to as the "City", and Pacific Hydrotech Corporation of
the City of Perris, County of Riverside, State of California, hereinafter referred to as the
"Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
I- SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work
for the following:
Construction of the California Street Landfill — East Side Landfill Closure Improvements, complete
as required by the Contract Documents and Specifications for CALIFORNIA STREET
LANDFILL—LOAD CONSOLIDATION AREA PROJECT, Project No. 3-0435.
2. THE CONTRACT SUM: $402 402 in accordance with the terms and conditions set forth in
the Contract Documents.
A. Pursuant to Section 22300 of the California Public Contract Code, Contractor has
the option to deposit securities with an Escrow Agent as a substitute for retention of
earnings requirement to be withheld by City pursuant to an Escrow Agreement as set
forth in The Public Contract Code, Section 22300. Z-�
3. TIME FOR COMPLETION: The work under this Contract is to be completed within sixty
(60) calendar days from and after the date of the Notice to Proceed.
4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the time
allowed will result in damages being sustained by the City. Such damages are, and will
continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to
the City, or have withheld from monies due it, the sumof$500 for each consecutive calendar
day in excess of the specified time for completion of the work.
Execution of the Contract shall constitute agreement by the City and Contractor that $500 per
day is the minimum and actual damage caused by the failure of the Contractor to complete the
work within the allowed time. Such sum is liquidated damages and shall not be construed as a
penalty, and may be deducted from payments due the Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: The complete contract documents, under The Agreement,
Includes all of the contract documents set forth herein, to wit-, Notice InvitinoL, Bids, Instructions
to Bidders. Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond,
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Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any
addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of the contract documents, the prevailing party in such action, in addition to
any costs and other relief, shall be entitled to recover its reasonable attorneys'fees.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount
of $375,000 or less shall be made by Contractor and processed by the City pursuant to the
provisions of Part 3, Chapter 1, Article 1.5 of the Public Contracts Code (commencing with
Section 20104). All claims shall be in writing and include the documents necessary to
substantiate the claim. Nothing in subdivision (a) of Public Contracts Code Section 20104.2
shall extend the time limit or supersede the notice requirements provided in this case from
filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and any
subcontractors agree to abide by California Public Contract Code, Section 6109, and California
Labor Code sections 1777.1 and/or 1777.7, and certify that they are not debarred and are
eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a party hereto of any rights or
interests under this agreement will be binding on another party without the written consent of
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the party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners,
successors, assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the contract documents held to be void or
unenforceable under any law or regulation shaH be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
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IN WITNESS WHEREOF", the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL} (Owner)
By:
MAyor, ity of Redlands, County of
San B rnardino, California
ATTEST:
City Jerk, City e ands
C unty of San emardino, California
(SEAL)
Pacific Hydrotech Corporation
Name of Contractor
t
ure o orized Agent - J- Kirk Harris
President
Title
Signature of Authorized Agent (if necessary)
Title
518355 - A
Contractor's License No.
CD3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description ofContract: City nfRedlands
Municipal Utilities Department
CALIFORNIA STREET LANDFILL
LOAD CONSOLIDATION AREA PROJECT'
Project No. 3-0435.
Labor Code,Section 370Oprovides, inpart:
"Every employer except the State, shall secure the payment of compensation in one or more of
the following ways:
(u) By being insured against liability to pay compensation in one or more insurer
duly authorized tuwrite compensation insurance inthis State.
(b) By securing from the Director of Tudumthu| Relations u certificate of consent to
ae|f-inuurc, either as an individual conp|oycc, or as one employer in ugroup of
employers which may hcgiven upon furnishing proof satisfactory iothe Din:obmc
of Industrial Qc|u(ionx of ability to self-insure and to pay any cncnponuubun that
may become due iuhis orher employees.
I unn uvvaro of the provisions of Section 3700 of the Labor Code, which requires every employer to he
insured against liability for wmrkcr*s conopcnxudmn or to undertake self-insurance in accordance with the
provisions of that Codc, and l will comply with such provisions before commencing the performance of
the work ufthis contract. (Labor Code section 180()
Dated this_2B-thday o[ . 20 04.
Pacific Hydrotech Corporation
President
(Official Title)
(SEAL)
(Labor Code Section 7801 provides that the above certificate must besigned and filed hythe Contractor with
the Owner prior toperforming the work oythe ountracc)
CD4
„ . EXECUTED IN DUPLICATE BOND NO. 104369638
PERFORMANCE BOND
Whereas, the City Council Of the City of Redlands, State of California,and PACIFIC HYDROTECH
CORPORATION (hereinafter designated as, "Principal”) have entered into
an agreement whereby Principal agrees to demolish designated wastewater facilities. which said
agreement,dated , 20-_, and identified as Construction of CALIFORNIA
STREET LANDFILL – LOAD CONSOLIDATION AREA PROJECT, Project No. 3-0435
is hereby referred to and made a part hereof, and
Where", said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said project.
TRAVELERS CASUALTY AND SURETY
Now,therefore, said Principal and COMPANY OF AMERICA , as surety, are held
firmly bound unto the City of Redlands(hereinafter call "City"),in the penal sum of FOUR HUNDRED TWO
THOUSAND FOUR HUNDRED TWO NO11005—Dollars(,$402,402.00-_} lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors,executors and administrators,jointly and severally,firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors,
administrator, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as
therein provided, or his or their pan, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and
save harmless the City,its elected officials,officers, agents and employees.as therein stipulated, then this
obligation shall become null and void;otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition the face amount specified therefore,there shall
be included costs, and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms, of the agreement or to the work to be performed hereunder or the specifications accompanying the
same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof, this instrument has been duly executed by the Principal and surety above nam
OCTOBER 21 �20 04 named, on
S ) TRAVELERS CASUALTY AND SURETY
PACIFIC M CH CORPORATIONEAL (SEAL)
COMPANY, OF AMERICA
,or etv:) Z_9
BY:: A 1)
(Signatur))
J. Kirk Harris --President VALERIE M. PEARCE(Signature)
ATTORNEY–IN–FACT
9325 SKY PARK COURT 1220
Address:SAN DIEGO, CA 92123
(Seal and Notarial Acknowledgment of Telephone(858 ) 1 –6240
Surety)
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Riverside
On October 28, 2004 before me, Jennifer M. Skinner,Notary Public
Dale Name and TWe of Officer(e.a.,'Jam Doe,Notary Pudic)
personally appeared J. Kirk Hams
Name(s)of 8ipner(s)
personally known to me
as
ev+deace
JENNIFER M.SKINNER to be the person(s)whose names) is/we
commission i 1337009 Z subscribed to the within instrument and
z"� Notary Public-California
Riverside county acknowledged to me that he/shaAhey executed
11 (rAy(`0mm.Ex0re9dec31,M6 the same in his/4oF414eir authorized
capacity(mies), and that by his/h tVthLeir
signature(,&)on the instrument the person(a), or
the entity upon behalf of which the
acted, e e instrument.
WITNESS my hand d o i eat.
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OPTIONAL
Though the information below is not required bylaw,t may prove valuable 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: Performance Bond
Document Date: October 21,2004 Number of Pages: 3
Signer(s)Other Than Named Above: Valerie M. Pearce
Capacity(ies)Claimed by Signer
Signer's Name: J.Kirk Harps
Individual Top of ftffnb here
�1 Corporate Officer-Title(s): President
Partner- o Limited r, General
Attorney-fn-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: Pacific Hydrotech Corporation
(D 1989 National Notary Assoc loo-9350 De Soto Ave.P _Box 2402-Chatsworth.GA 91313-2402-v�vw ,pelionainatarv.bm Pmtl_N.5907 Ro-dor.,Call To1EF—1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of SAN DI)1;GG0
on OCT 2 1224 before me, ANIMc& Ste. MAIMS NOTARY PUBLIC
r�a1e
NOW rte TO of 000(04,•Jn.Doi Wtary RW
personally appeared _� _ YALE= No P4•Rck ,
N
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(Q whose name(t) IsM
subscribed to the within instrument and
acknowledged to me that-%/sheiR executed
the same in XZ/herMiNr authorized
capacity(les), and that by er
signaturek)on the instrument the person(;, or
the entity upon behalf of which the person
AMERICA SAN MARTIN a acted,executed the instrument.
ONty
Commission# 1395482
oaPubtic-California ; WIT my hen doff' al eel.
San Diego County
My Comm.Expires Jan 21,2007
dNoarj
OPTIONAL
Though the Infomwfion bebw is not required by law,it may prove valuable to persons re4ft ort.the document and could prevent
fraudulent remove!and mattadunent of this Than to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ individual Top of ttnmb here
❑ Corporate Officer--Titie(s):
❑ Panner—❑Umited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
01989 N6fWW NO"A"OddOn•9960 D6 8010 A".,R6.Box 2402•Clulwor*,CA 91519-2402•w".ro0"W*Wy.M Prod.No.6907 R*~,Cal I—. ,oe i-W"76L827
�rav�lers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrorism-
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARAIINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Jack T. Warnock,Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson,Leticia
San Martin,Lawrence F. McMahon,James Baldassare,Jr.,Penny L Kelley, of San Diego,California, their true and lawful
Attorneys)-m-Fact,with full power and authority hereby conferred to sip,execute and acknowledge,at any place within the United
States,the following instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and
other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies,and all the acts of said Attomey(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED- That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
`This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in fail force and effect:
VOTED: That the signature of each of the following officers: President any Executive Vice President, any Senior Vice President any Vice
President,any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
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 facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such fiwaimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(05-04)Unlimited
-,EXECUTED IN DUPLICATE BOND NO. 104369638
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State Of California, and PACIFIC HYDROTECH
CORPORATION (hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to demolish designated wastewater facilities, which
said agreement,dated —20 , and identified as CALIFORNIA STREET
LANDFILL - LOAD CONSOLIDATION AREA PROJECT, project No. 3-0435 is hereby
referred to and made a part hereof-, and
Whereas, under the terms of said agreement, Principal is required before entering upon the performance
of the work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed
in the performance of the d aforesaia aforesaid
and referred to in the Code of Civil Procedure u in
FOUR HUNDRED I
TWO THOUSAND the sum of USAND Dollars ($402,402.09for materials furnished or labor
thereon of any or amounts ue under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an. amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of
Redlands in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and, all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become ntill and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time. alteration or addition to the
terms of said agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change,extension of time. alteration
or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
-- OCTOBER
21 20 04 -
(SEAL) TRAVELERS CASUALTY AND SURETY
PACIFIC HYD CH CORPORATION (SEAL)
Com"Plu, AMERICA
n!turure)
e)
s9n President VALERIE M. PEARCE
s - President (Signature) ATTORNEY-IN-FACT
Address: 9325, SKY PARK COURT #220
22.U3
(Seal and Notarial Acknowledgment of Surety) Telephone( 858)
—616-6Z40
CL)6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Riverside
On October 28, 2004 before me, Jennifer M. Skinner,Notary Public
oats wme end ntte or otrow(e-e.,Jww Doe,Notry Pubw)
personalty appeared J.Kirk Harns
c ,
5)a B)
o personally known to me
evidepse
to be the person(o whose names) is/are
subscribed to the within instrument and
JENNIFER M.StaNNER acknowledged to me that he/sheftfiey executed
Commission#1337009 Z
Notary Public-caiitomia the same in his/itcrfth>air authorized
-
z Riverside County capacity(ies), and that by his/
MYGW= �"pw3t 2pp9 signature(s)on the instrurrie person(-s),or
the entity upon behalf which the person(s)
acted,ex instrument.
WI NESS my hand nd ial Wal.
OPTIONAL
Though Ute inknnation below is not required by law,it may prove valuable to persons retying on Ute document and could prevent
6audident removal and reattachment of Utis form to another doam*nt
Description of Attached Document
Title or Type of Document: Labor and Material Bond
Document Date: October 21,2004 Number of Pages: 3
Signer(s)Other Than Named Above: Valerie M.Pearce
Capacity(ies)Claimed by Signer
Signer's Name: J.Kirk Hares
^� Individual Topotatrnbt"
\,y Corporate Officer-T-Me(s): President
Partner- o Limited o General
Attomey4n-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: Pacific Hydrotech Corporation
Q 1998 NM10"Notary Aw odmbn-8330 De Soto Ave._P.C_Box 2402-Chstww ft,GA 913132/62-vww.rta(wnalnweg_q� Prod.No.5907 Reordw,,Cae To#-Fja 1-800.676-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DISCO ss.
OCT 2 1 Z004
On before me, AFRICA MAR, MARTIN* NOTARY PUBLIC
Doo Nanw+rW'n k of O&W(04,"JW*Ow,Notary
personally appeared_ pATLEM PgpRek
Nema(a)Of 8lprb*
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(jo whose nameN) is/M
subscribed to the within instrument and
acknowledged to me that,%/sheMW executed
the same in XXAerXEV authorized
capacity(ies), and that by XTrAerXW
signaturek)on the instrument the person(%,or
-�.s►.i,`�� the entity upon behalf of which the person 10:..� �NiERICA SgNacted, executed the instrument. -
Q Commission# 1 TINTiN
� w
Notary tiWIT my hand d o
Son Diegoc-California
COMM, County
mExpires Jon 21,2001
- sure of tJotary Pubeo —'
OPTIONAL
Though the information below is not required bylaw,it may prove valuable to persons re4*v on.the document and could pmmnt
fraudulent removal and reattachment of this Wn to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
CApacity(ies) Claimed by Signer
Signer's Name:
❑ Individual rap a awnn nate
❑ Corporate Officer—Tit(e(s):
❑ Partner—❑Limited ❑General
❑ Attomey-h-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O t Me Nat'OFW Notary U"datlon-9360 De Sopa Ave.,RO.Box 2402•Cheteworbh CA 91 M-2402•www.
7.«'e Prod,No.6907 Reorder:CaM 1,....res m-9oa476e827
'I�raveler
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrorism-
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARAMGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the -Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson,Leticia
San Martin,Lawrence F. McMahon,James Baldassare,Jr.,Penny L Kelley, of San Diego, California, their true and lawful
Attorney(s)-in-Fact,with fall power and authority hereby conferred to sign,execute and acknowledge,at any place within the United
States, the following instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and
other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto
and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies,and all the acts of said Attorney(s)-m-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President,any Assistant Vice President any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
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 facsimile 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 in the future with respect to any bond or
undertaking to which it is attached.
(05-04)Unlimited