HomeMy WebLinkAboutContracts & Agreements_115-2004_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of July —, 2004, by and
between the City of Redlands, a Municipal Corporation, organized and existing under the laws of
the State of California, hereinafter referred to as the "City", and CB&I Constructors, Inc. of the City
of Claremont, County of Los Angeles, State of California, hereinafter referred to as the
"Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work
for the following:
Construction of the 1350 Zone Reservoir Project, complete, as required by the Contract
Documents and Specifications for 1350 ZONE RESERVOIR PROJECT, Project No. 4-
0518.
2. THE CONTRACT SUM: $2,406,194 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.
3. TIME FOR COMPLETION: The work under this Contract is to be completed within 270
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 sum of$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 Inviting Bids, Instructions
to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond,
Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any
addenda thereto.
CD
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 Contract 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
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 shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By
Gilberto Gil, Mayor Pref Tem
San Bernardino,California
ATTEST:
Cit Clerk, City; ands
County of San rnardino, California and ko4cr i Jrf (SEAL)
CbCr onsh-ur-° rs' :Inc..
Name of Contractor
By:
Signatu of Authorized Agent
$ t,in
Title
Signature of Authorized Agent (if necessary)
Title
465 272,
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
1350 ZONE RESERVOIR PROJECT
Project No.4-0518
Labor Code,Section 3700,provides,in part:
"Every employer except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before commencing the performance of
the work of this contract. (Labor Code section 1861)
Dated this day of W-04
064.r n*uc4vrs,
(Contractor
C)"!
(Signature)
Su5iness. TDPVe1ogYnPty+ Mfihaao'
(Official Title)
(SEAL) tovte *1 CerWiat�ov A Re-uMoit atnj ku'ffri4y4
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
the Owner prior to performing the work of the contract.)
CD 4
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
1350 ZONE RESERVOIR PROJECT
Project No. 4-0518
Labor Code,Section 3700,provides,in part:
"Every employer except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before commencing the performance of
the work of this contract.(Labor Code section 1861)
Dated this day ofUte,20,AQ .
C54T 0065JYVC4M5) Inc.
(Contractor)
(Signature)
(Official Title)
(SEAL) Strp_ "Cey*41ca4ion Peu4jor
.a.Acl hAor;4y"
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
the Owner prior to performing the work of the contract.)
CD 4
Bond No.TD8641
Executed in Duplicate
PERFORMANCE BOND
Whereas,the City Council of the City of Redlands,State of California,and.CB&i Constructors, inc.,250 West
1st Street Suite 210 Claremont-CA 9171,1 (hereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to demolish designated wastewater facilities, which said
agreement,dated August 1 , 24C14 , and identified as Constructions of 1350 ZONE
RESERVOIR PROJECT,Project No.4-0518 is hereby referred to and made a pact hereof;and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said project.
Now,therefore,said Principal and St. Paul Fire and Marine Insurance Company as surety, are held
Firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sure of Two Million Four Hundred Six
2.406.194.00**"'*' } lawful money of the
Thousand One Hundred Ninety-Four nd Nol100--bollars($ Y
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 arty alteration thereof made as
therein provided, or his or their part, 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 nult and void;otherwise it shall be and retrain 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 thereunder 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 named, on
August 1 g-- 20 04 w
�~C,e.rJJfiCgj'AK 04.'QlSC it ArxA AullhoPRlpy (SFAL)
CB&I Constructors, Inc. St. Paul Fire and Marine Insurance Company
(Contracto ( lett')
64 BY:
OF
.10 (Signature) Margaret Bubol (Signature) Attor y-in-Fact
Address: 1330 Post Oak Blvd., Suite 900
Houston TX 77056
(Sea] and Notarial Acknowledgment of Telephone( 832 )47Q 0 _,__
Surety)
Cly 5
Aon Risk Services of Texas, Inc. dba
Aon Risk Insurance Services of Texas, Inc.
CA License #0559715
CERTIFICATE OF ACKNOWLEDGMENT OF CORPORATE SURETY
State of Texas
County of Harris §
Before me, the undersigned authority, on this day personally appeared Margaret
Buboltz, known to me to be the person whose name is subscribed to the foregoing
instrument as Attorney-in-Fact of St. Paul Fire and Marine Insurance Company, and
acknowledged to me that he/she executed the same for purposes and consideration
therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this 1st day of August, 2004.
SEAL
Notary Public in and for
The State of TEXAS
CAROLYN ANNE SHEFFIELD
NOWY PUblic,State of Texas My Commission expires: 10/13/06
My Commission Expires
OCTOBER 13, 2006
Maw trf< y St.('xu!Film read AYariar Yusurxnce C uttivxu� t ititrd titafcc F t�cliti 4114C usrxuty C ung.sny
yt,Y`xurt:uyrattan InsuranceC:om play liaic{Itt SlidC'uareaatt Incurancrt:trttrprius
`st.Caut Mesut v lu,uf:trice<.full.tttt t idCkC4 aiuY C uxrnutt'ttr.urataeC C edea writers.it,r,
',eAuard Swet_v Constaant Vit.Vaut llCdiC.el It(tilitc In Slit It ce C'ut(q$an%
RIDER CONTAINING,
MCL.,OSURI NOTICE OF TERRORISM COVECtf4Cr1'<`,
This disclosure notice is required by the Terrorism Risk insurance Act of 2002 (the
'Act")- No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached bond, and is effective the data of the bond.
You should know that, effective November 26, 2002, any losses cove€ed by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
formula, the United States reirnburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism losses if ttie
aggregate arrrount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers con'tbined, in that case, we will
not be tiable for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
0.00.
IMPORTANT NOTE. THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
lbeStftl POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 24137 Certificate No. 2058999
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do
hereby make,constitute and appoint
William N.Burke,Wendy W. Stuckey,Lupe Tantayo,Michael J.Herrod,Margaret Buboltz,Angela M.Tindol,
Lisa A.Ward,Patti A. Ebarb and U.Theresa Gardner
Houston Texas
of the City of State----- their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its nanic as surety to,and to execute,seat and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and xc_undertakings, q-u r m-, -- ifed mpiq—itted ptAy actions or proceedings allowed by law.
n sealed tfik' day of
`-�- 1�, �-- a- 19th December 2003
st,
IN WITNESS WHEREOF,the Companies have caused this in be stpa
- ki
Seaboard Surety Company
United States Fidelity and Guaranty Company
St-Paul Fire and Marine In C - k I�' '13�
WraAcc,Con Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance'iC omptrF Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Cortrphiy
PETER W,CARMAN,Vice President
tV
State of Maryland
City of Baltimore THOMAS-E.HUIBREGTSE,Assistant Secretary
On this 19th day of December 2003 before me, the undersigned officer, personally appeared Peter W.Carman and
Thomas E. Fluibregise,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively.of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies-,and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
pk,E
In Witness Whereof,I hereunto set my hand and official seal. &0%9,
My Commission expires the I st day of July,2006. REBECCA EASLEY-ONOKALA,Notary Public
AE CiTt
86203 Rev.7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St Paul
Fire and Marine insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September Z, 1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attornev issued in.
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may he engraved,printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,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 he valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority, and,in any case, subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Paul Mercury Insurance Company.United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 1St day of August 2004
�� �g411tY'(
�' i9Z7 toavuR,i+y j4"'�gpYORRtE +l 4 I
: fri„ •' l„ ` t 1977 wcaaraa„tn E.
SB.a.Li
Thomas E.Huibregtse,Assistant Secretary
To verify the authenticity of this Power of Attorney,call 1-500 3 80 fort Pt er o fey clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which th A,r is a �d." �
to
1. -
Website checked on Monday, August 02, 2004
4 PR 'M01-111
�ie�t
D
Company Profile Insu ,nce
ST . PAUL FIRE AND MARINE
INSURANCE COMPANY
385 WASHINGTON ST
ST PAUL, M N 55102
800 - 328 - 2189
Former Names for Company
Old Name: MERCURY INS CO Effective Date: 07- 19- 1956
Agent for Service of Process
LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA
95833
Unable to Locate the gent for Service of Process?
Reference Information
NAIC #: 24767
NAIC Group #: 3548
California Company ID #: 0825-0
Date authorized in September 18,
California: 1925
License Status: UNLIMITED—NORMAL
Company Type: Property &
Casualty
State of Domicile: MINNESOTA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of
insurance. For an explanation of any of these terms, please refer to the
Website checked on Monday, August 02, 2004
glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
1,t. Company Enforcement Action Documents
..........
Company Performance & Comparison Data
Composite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Orclanizations
Last Revised — April 26, 2004 02:22 PM
http://cdinswww.insurance.ca.gov/pis/wu—co—prof/idb—co—prof—utl.get—c
Website Checked on Monday, /\UgUsf (}2, 2[)[)4
Copyright O California Department of Insurance
Disclaimer
hffp: / /CdinsVYYVYY.insUrOnce.CO.QDY /D|S /wU__CQ__pF0f /'db__CO__prOf__Uf|.get__C...
Bond No. TD8641
Executed in Duolicate
LABOR AND MATEMAL BOND
whereas,the City Council of the City of Redlands,State of California,and CB&I Constructors, Inc., 250 Vilest
1st Street, Suite 210, Claremont, CA 91711 (hereinafter designated as "p'rincipal") have
entered into an agreement whereby Principal agrees to demolish designated wastewater facilities, which
said agreement,dated August 1 2004, and identified as 1350 ZONE RESERVOIR
PROJECT,Project No,4-0518 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 aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the sum afTwo Million Four Hundred Six TnousandDoi] 02,406,194.00)for materials frnrtrished or labor
"One Hundred thereon of any kind, or for a-mounts due under the Unemployment insurance Act with respect to such
Ninety-Four an4,ork or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set
No/100----- forth, and also in case snit 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 enfoxing 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 unsure 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 frilly performed, then this obligation shall become null and void,
otherwise it shalt be and remain in fall 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 sarne 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
August 1 2004
.' " w
CeY'I't-ti ro,++o►. G'1-V_Q' _Afk a*d Au.tkori (SEAL)
CB&I Constructors,,t Inc. St. Paul Fire and Marine Insurance Company
BY:
(Signature) Margaret Bubol (Signature) Attor ey-in-Fact
Address: 9 X30 PnSt Q-qkR1vri sti11P900
_ i-En�f�ron Tk 770�6�
,Sea]and t~?ormial Acknowledgment of Surctyj Telephanc( 832
CD 6
Aon Risk Services of Texas, Inc. dba
Aon Risk Insurance Services ofTexas, Inc.
CALicense #D55S715
CERTIFICATE OF ACKNOWLEDGMENT OF CORPORATE SURETY
State of Texas D
County 0fHarris �
Before me, the undersigned authority, onthis day personally appeared Margaret
Buboltz, hDUvvn to me to be the person whose name is subscribed to the foregoing
------
instrument as Attorney-in-Fact Of St. Paul Fire and Marine Insurance Compan , and
acknowledged to me that he/she executed the same for purposes and consideration
therein expressed, and inthe capacity therein stated.
Given under my hand and seal ofoffice this f"m
day of August, 2004.
SEAL =_
Nota�ry Public in and for
The State of TEXAS
My Commission expires: 10/13/06
'P`dtllSurety St_foal t�irc laid hfariac luso(attce Compxac Vttitaxl Stat"f'idclity and Cuarawy Certtttatty
a4( lSt.F'aut4uirdisn[uiucaaceCotupxnc HdAltt atidGuaexatr'lasurancrC"ntpau}
St..t'xui,letcurg lu'ur'.0
r rc•.S("6t+rltxact"rdzlitg and<::uxra.ntt'Irriu['at.ce Endrrwriteri,luc_
titaltu� d Stilet.,'(:si(gsxtts tit foul 11141;1x1 Lixtrilit.'tnarttxnte<'uurttsn
RIDER C.OiN,rA[NtNG
DI'SCLOSUR.i NOWCE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act'). No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached gond, and is effective the date of the bond_
You should know that, effective November 261, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
formula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism tosses if the
aggregate amount of insured losses under the Act exceeds $300,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
0.00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
POWER OFATTORNEY
f 7hegftl
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guarardy Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St,Paul Mercury Insurance Company
Power of Attorney No. 24137 Certificate No. 2058997
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State ofNew York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duty organized under the laws of the State of Iowa, and that Fidelity and Guaranty'Insurance
Underwriters,Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collective�y called the "Companies"), and that the Companies do
hereby make,constitute and appoint
William N.Burke,Wendy W. Stuckey,Lupe Tamayo,Michael J.Herrod,Margaret Buboltz,Angela M.Tindol,
Lisa A.Ward,Patti A.Ebarb and U. Theresa Gardner
Houston Texas
of the City of-
State their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to si�,,n its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other Aritten instruments in the nature thereof of) behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
performance of contracts and executing or guaranteeinla bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be-signed and scaled this 19th day of December 2003
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guarardy Insurance Company
St.Paul Guardian Insurance Compan Fidelit'y and Guaranty Insurance Underwriters,Inc.
y
St.Paul Mercury Insurance Company
E.,A L/4� S E A.L m,rER W.CARNIAN,Vice Presideat
190027
d
State of'Maryland
City of Baltimore
THOMAS E.HUTIBREGISE.Assistant Secretary
On this 19th December 2003
dav of before me, the undersigned officer, personally appeared Peter W. Carman and
Thornas E. Huibreatse,who acknowledged themselves,to be the Vice I
s -resident and Assistant Secretary,respectively,of Seaboard Surety Ccanpany,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company.St.Paul Mercury ITISUrance Company,United States Fidelity and Gu'aranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters',lnc.�and that the seats affixed to the foregoing instrument are the corporate seats of
said Cornparfies�and that they,as,such,being authorized so to do,executed the foregoing jnstrument for the purposes therein contained by signing the names ofthe
corporations by themselves as duly authorized officers,
���EA
EA
EA
No)-
,4;�.
In Witness,Whereof,I hereunto set my hand and official seal.
My Commission expires the Ita day of July 2(X,)6.
REBEN,7CA EASI-I`Y-0N0KAl,Ai Notary Public
cill
86203 Rev,7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Undenvriters,Inc.on September 2, 1998.which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may he signed,executed.and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,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 with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul.Guardian Insurance Company,
St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 1st day of August 2004
a;s'��1�9*�2�,y "cisW4�10.ENSE p j;!kd•so�fiE�N�o_.woa�AhK`.L,iI/�;C�B tj//�.J�.rP,..4-,vMoSa,U4qr�t�'M1� ey
� SEAL
197�7 s)!VfiOk0t7
UI
Thomas E Huibregtse,Assistant Secretary
To verify the authenticity of this Power of Attorney,call J-800-
It ey clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to whit thot'410 `e is attard. �
' }