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HomeMy WebLinkAboutbocc.con.154.2003 CIIECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANN1NG/ARCtlIVING Originating Department/Division: Contact Person: ~ ~ L='I Phone #: BOCC AGENDA ITEM (BOCC signature required) ~ STAFF AwrIIORIZED SIGNATURE (as per Procurement Code) Cheek Contract Type: Dollar Amount: Services STAFF AUTHORIZED Maintenance SIGNATURE License/Use Le=e ~ Construction .... Purchase Employment lnterg6vemmental Agreement (Requires BOCC Action) Non Profit Quasi-Public __Grant Agreements (Requires BOCC Action) Other Signatures Required: Under 25K - Department Head 25-50K - Department lIead (if appropriate), Section Leader Over $0 K- Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): I"~T ( ~A~'~''~'4dn' ~0 · Contract Start Date: \\ ] ~ 0 ! 0 "q Contract End Date: Automatic Renewal {Y/N): All Contracts should be proofed for the following: · No Pages Missing · Ifa Page is Left Intentionally Blank- Note on Page · Page numbered consecutively · All Sigdatures Affixed · All Dates Filled In · All Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) ... · Notice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning/Archiving Date: ~ i tofo Aulhorized Stag Person Signature of authorized staff person indicate that document h~ been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Myrocurement\training\clerknarrative.doc STAFF AUT . O' :', zED ........ CONTl gr SIGN · t CONTACT AGREEMENT ~spen-PitMn Coun~ ~lrpo~ ~spen, Colorado AIP PROJE~ NO. 3-03~00~-27 ~IIS AG~, ~de and ~t~ed into ~is ~ O~ day of ~. .2003, by and ~c~ the Board ofCoun~ Co~ission~s of PitMn Count, P~ of thc Fi~t Pa~ h~ina~ ~fe~cd to as ~e "Owner, "and Kiewit Western Co., Pa~ of~e Second Pa~, hereina~cr refe~cd to as ~e "Contractorf for the construction ofai~ improvcmen~ including Schedule I, Schedule II, ~d Schedule III and oth~ incid~ml work in co~cetion wi~ ~ Project No. 0003-27 at ~c ~spen-PitMn Coun~irpon (Sardy Field). ~e total estimated cost for A~ ~oject No. 3~8~3-27, Schedules I, II, and III is five million four h~cd cigh~ight · ou~d ~cc hun~ fi~-~ee doll~s ($5,488,353.00). ~SS~I: ~R~CLE I. It is h~cby mutually a~ced ~t for and in consid~tion of~e pa~ as prodded for h~in to ~e Con~ctor by the O~, ~e said ~n~ctor s~ll f~ish all labor, cquipm~t, and ~t~al and shall ~rfo~ all work neces~ to complete the improwm~ called for in ~e Con.ct D~umcn~ in a ~nn~ of~c highest quali~, ready for usc, and in s~ct accord~ce ~ ~ia Con.ct, a copy of which is filed pu~uant to law in ~e office of~e legal ~p~sen~tive of~e O~cr. ARTICLE 2. It is h~by f~hcr a~ccd that in consid~tion ofthe fai~ful p~fo~nce of~e work by ~e Con~ctor, ~e ~ shall pay the Con~ctor ~c co~nsation due hi~ by rea~n of said fai~ful ~fo~nce of~e work, at ~tcd intc~ls and in ~e amount c~ified by ~e Engine~, in accordance wi~ ~e pro~sions of~is Con.ct. ARTICLE 3. It is h~by fu~cr a~eed ~t, at ~e completion of~e work and i~ acc~mnce by · e O~, all su~ due ~e Con~ctor by reason of his fai~ful ~ffo~nce of ~e work, ~ng into consid~tion additions to or deductions from thc Con.ct p~ce by reason of alte~ons or m~ifieations of~e odglnal Con~c~ by reason of"~tm Work~ au~orizcd under ~ia Con~c~ or by re~on ofO~er's ri~t to deduct for liquidated damages and o~er d~ages ~ p~vided for in ~e Con.ct D~um~ ~11 be paid ~e Con~etor by ~e ~ after ~id completion ~d acc~nce. AR~CLE 4. It is h~by fu~ a~eed ~at any references he~in to ~e "Con.ct" shall fully include and inco~te all ~Contmct D~uments.~ ~e "Con~ct D~umen~" include ~e InaCtion for Bid, ~s~ction to Bidd~s, Bid, all issued Add.da, ~o~l, S~tcment of Qualifications, ~ticipated Su~on~ac~, Fo~ of Pro~sal Gu~, Notice of Award. Con.ct A~eemcnt, Peffo~ce & Payment ~nds, ~otlce to Priced, Notice of Con~ctor's Scalem~t, Wage ~tes, G~c~l ~o~sions, S~cial ~o~sions, Plans, Tcc~ical S~cifications, at~chcd spadices ~d all d~um~ inco~omtcd by rcfer~ee. Said Con~ct ~umen~ arc ~de a pa~ of~e Con.ct aa if set out at length h~ein, and all i~m~s used h~ein shall have the res~ctive meanings given in ~c Con.ct ~um~. AR~CLE ~. ~e Con~ctor a~ccs to p~fo~ all ~c work des~bed in ~e Con.ct D~um~ for thc unit p~ces and lump sums as submitted in ~e Bid, ~ng into consid~fion additions to or deductions ~om ~e To~I Bid by reason of altc~tions or m~ifications of~e original quantities or by reason of"Extra Work" authorized under this Agreement in accordance with the provisions of the Contract Documents. ARTICLE 6. The Contractor agrees to commence work within ten (10) calendar days after the receipt of a notice to proceed and the Contractor further agrees to complete said work within 170 Calendar Days after the notice to proceed. Extensions of the Contract time may only be permitted by execution ora formal written modification to the Contract Agreement as approved by the Owner. Liquidated damages shall be assessed in the amounts specified in General Provisions section 804)8, and as specified in Special Provisions Part C Paragraph 19. In the event of an inconsistency in the Contract Documents regarding the amount of liquidated damages to be assessed, the amounts set forth in General Provisions section 804)8 shall control. IN WITNESS WHEREOF, the Party of the First Part and the Party of the Second Part, respectively, have caused this Agreement to be duly executed in day and year first herein written in five (5) copies, all ofwhich to all intents and purposed shall be considered as the original. CONTRACTOR, Party of the Second Part OWNER, Party of the Fimt Part Randall P. Sa~an, Vice President (Office or Position of Sing) (Office (s~)- ': v. ~ . ~ ~ (S~L) /. //- (O~ce or Position of Si~) (0~ or Posi~on of Si~) ~ Bond No. 041 SB 104118957 BCM 2 LABOR AND MATERIAL PAYMENT BOND 3 4 KNOW ALL MEN BY THESE PREsENTs: Travelers 5 -- Casualty and Surety 6 That the Contractor, Kiewit Western Co. ', as Principal and hereinafter called "Principal", and Co,,,dany of 7 Amarica , as Surety and hereinafter called "Surety," a corporation organized and existing under 8 the laws of Connecticut , are held and firmly bound unto the Pitkin County Board of County 9 Commissioners, and to all subcontractors and any others who have supplied or furnished or shall supply I 0 or furnish materials, rental machinery, tools, or equipment actually used in the performance of the 11 hereinafter identified Cuntract, or wbo have performed or shall perform labor in the performance of or in 12 connection with said Contract, hereinafter called "Obligees" in the sum of Dollars ($ 5,488,353.00 13 ) together with interest at the rote of eight per cent (8%) per annum on all payments becoming due in 14 accordance with said Contract, from the time such payments shall become due until such payment shall 1 $ be made, for the payment of which, well and truly made to the Obligees, the Principal and the Surety bind 16 themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by 17 these presents. 18 19 WIIEREAS, the Principal and the Pitkin County Board of County Commissioners have entered 20 into a certain Contract, hereinafter called "Contract," dated for the construction of a PROJECT 21 describcdas AlP Project No. whichContractisherebybyreferencemadeapartherenf; 22 3-08--0003-27 23 NOW, TIIEREFORE, TIIE CONDITION OF TIIIS OBLIGATION is such that if the Principal 24 and the Surety shall fully indemnify and save harmless the Pitkin County Board of County 25 Commissioners bom and against any and all costs and damages, including patent infringements, which 26 either may suffer by reason of any failure or failures of the Principal promptly and faithfully to perform 27 ' all terms and conditions of said Contract and shall fully reimburse and repay the Pitkin County Board of 28 County Commissioners all outlay and expense which the Pitkin County Board of Connty Commissioners 29 may incur in making good any such failure or failures, and further, if the Principal and his subcontractors 30' shall duly and promptly pay for any and all labor, materials, team hire, sustenance, provisions, provender, 31 rental machinery, tools, or equipment and other supplies which have been or shall be used or consumed 32 by said Principal or his subcontractors in the performance of the work of said Contract, and if said 33 Principal shall duly and promptly pay all his subcontractors the sums due them for any and all materials, 34 rental machinery, tools, or equipment and labor that have been or shall be furnished, supplied, performed 35 or used in connection with performance of said Contract, and shall also fully indemnify and save harmless 36 the Pitkin County Board of County Commissioners to the extent of any and all expenditures which either 37 or both of them may be required to make by reason of any failures or defaults by the Principal or any 38 subcontractor in connection with such payments; then this obligation shall be null and void, otherwise it 39 shall remain in full force and effect. 40 41 42 42 It is expressly understood and agreed that any alterations which may be made in the tg,,.s of said 43 Contract or in the work to be done under said Contract, or any extension(s) of time for the performance of 44 the Contract, or any forbearance on the part of either the Pitkin County Board of County Commissioners 45 or the Principal to any of the others, shall not, in any way release the Principal and the Surety, or either of 46 them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to 47 the Surety of any such alteration, extension or forbearance being hereby waived. 48 49 IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond, this 23 2003 50 51 [Corporate Seal] PRINCIPAL 52 Kiewit Western 53 54 55 56 59 ATrEST: -~ By 60 / ' / ' / ~ Title Randall P. Sanman 61 Mark P. Campbell, Asst. iecry. 62 Vice President 63 [Corporate Seal] SURETY 64 Travelers Cas,~lty and Surety Cc~,~xny 65 of Am~rica 67 68 69 B ; ~c~ ' 70 //Janet'R. Nielsen 71 ~' Attorney-in-fact . 72 73 74 75 76 77 78 79 80 81 82 THIS BOND MUST BE ACCOMPANIED BY A POWER OF ATTORNEY, E~CTIVEL¥ DATED. 83 This bond is issued simultaneously with another bond conditioned for the full and faithful £erfortnanee of 84 the contract. 85 86 87 88 89 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COM~PANY FARMINGTON CASUALTY COI,,LoANY llartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTllORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY TtIESE PRESENTS, TtlAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under thc laws of thc State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter thc 'Companies") hath made, constituted and appointed, and do by these presents make. constitute and appoint: Philip G. Dehn, Terry K. Bartcl, Jennifer L. Miller, Janet R. Nielsen, Christopher W. Buresh, Tammy Pike, of Omaha, Nebraska, their tree and lawful Attomey(s)-in-Fact, with full power and authority hereby eom'erred to sign, execute and acknowledge, at any place within thc United States, the following instrument(s): by his/her sole signature and act. any and all b~nds, recognizances, contracts of indemhity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and Io bind thc 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)- 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 eft-ct: VOTED: That the Chain'nan, the President, any Vice Chairman, any Executive Vice President, nay Senior Vice President, any Vice President. any Second Vice President. the Treasurer, nay Assistant Treasurer. the Corporate Secrela~y or nay Assis~unt Secretary may appoint Attorneys-in-Fact nad Agents to act for nad on behalf of the compuny nad may give such appointee such authority as his or her certificate of authority may prescribe to sign with thc Company's name nad seal with tho Company's seal bonds, recognizances, contracts ofinderunity, nad other writings obligatory in thc nature of a bond, recognizence, or conditional undertaking, nad nay of said officers or the Board of Directors at nay time may rerenvc nay such appointee nad revoke the power given him or her. · VOTED: That tho Chairman. the President, nay Vice Chairmen, nay Executive Vice President, nay Senior Vice President or nay Vice President may delegate all or nay part of the foregoing ~.uthority to one or more oll~cers or employees of this Company, provided that each such delegation is in writing nad a copy thereof is filed in the office of the Sccrets~y. VOTED: That nay bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond. recognizance, or conditional nadcrtaking shall be valid nad binding upon the Company when (a) signed by the President, nay Vice Chairman. any Executive Vice President, nay Senior Vice President or nay Vice President, any Second Vice President, thc Treasurer. nay Assistant Treasurer, thc Corporate Secretary or nay Assistant Secretary nad duly attested nad sealed with the Company's seal by a Secretary or Assistant Secrelmy, or (b) duly executed (under scol. if required) by one or more Attorneys-in-Fact nad Agents pursuant to the power prescribed in his or her certificate or their cortificates of nathority or by one or more Company officers pursuant to a written delegation of nathority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of thc 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 o£ each of the following officers: President. uny Executive Vice President. nay Senior Vice President, any Vice President. any Assistant Vice President. any Secrelary. nay Assistant Secretary. nad the seal of the Company may be affixed by fac.~imile to nay power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attomc).s-m-Fact for purposes only of executing a~d attesting bonds nad undertakings nad other writings obligatory in the nature thereof, nad any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall bo valid nad binding upon thc Company nad any such power so executed nad certified by such facsimile signature nad facsimile.seal shall be valid nad binding upon the Company in the future with ~t to nay bond or undertaking to which it is atlacbed. (I 1-00 Sla~sdard) IN WITNESS WitEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument Io be sig. ncd by their Scnlor Vice Prcsldcnt and their corporate seals to be hereto afl, xed this 1 lth day of July 2001. STATE OF CONNECTICUT ' TRAVELERS CASUALTY AND SURETY COMI~ANY OF AMERICA TRAVELERS CASUALTY AINq) SURETY COMPANY } SS. tL~nford FARMINGTON CASUALTY CObl~ANY COUNTY OF HARTFORD · . George W. Thompson , Senior Vice President On this I lth day of July, 2001 Ix:fore me personally came GEORGE W. THOMPSON to me kno~, who, being by mc duly did dcpose and say: that he/she is Senior Vice Prc. sldcnt of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMLNGTON CASUAL .TY COMPANY, the corporations described in and which cxccutcd the above instrument; that he/she kno~ the sculs of said corporations; that the scols afl~xcd to the said instrument are such corporate seals; and that he/sha c. xocutcd the said instrument on bohalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires Juno 30, 2000 Notary Public Marie C. Tetreault CERTIFICATE 'I, the undcrsigncd~ Assistant Secretary of TRAVELERS CASUALTY' AND SURETY COMPANY .OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Conncaicut, DO HEREBY CER'I i~Y that the foregoing and attached Power of Attorney and Ccrtificat~ of .Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Ccrl/ficate of Authority, are now in force. Signed and Scaled at the Home OIY~ce of the Company, in the City of Hartford, State of Connoc~icot. Dated this 23 day of Sept~,ber ,2003. · e e'e" Kod M. Johanson · Assistant Secretary, Bond Travelers 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 ' $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of th~ Act do~s not result in any change in coverage under the attached poiicy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall prbmium, and is no more than one percent of your premium. Bond No. 041 S~ 104118957 B(~ 90 PERFORMANCE BOND 92 KNOW ALL MEN BY THI~SE PRESENTS, That Kiewit Western Co. as 93 Principal, hereinafter called Conlractor, and T~ c:velers Cas.at t'y and Surety Caupany of Amarica 94 as Surety, licensed to do business as such in ~he State of Color''rio. hereby bind themselves and their 95 respective heirs, executors, adminisilators, successors, and assigns, unto thc Board of County 96 Commissioners for PitM. Co..O'..4spe., Color,,do, as Oblige¢, hereinai~- called Owner, in the penal 97 sum of 98 Five Millic~ Four Hlridred Ei. cjht-e, icjht Thousand Three Hundred Fifty-three and 99 00/100 ................... Dollars ($ 5,488,353.00 )for 100 the payment whereof Conlractor and Surety bind themselves, their heirs, executors, administrators, 101 soccessor~ and assigns, 3ointly and severally, hy these 102 105 Contractor has hy written agreement Contract Document No. dated ,20__ 106 entered into a conllac! with PitM. Co..~ for 107 AI~ l~r~_~ect No. 3-08-0003-27 at the ,;XsDen-Pitkin County Airport (Sardy Field) 108 109 110 111 which conllact, including any present or future .rnendment thereto, is incorporated herein hy reference ! 12 ("the work") and is hereinafter referred to as the Conlract 114 NOW. THERP_PORE. THE CONDITION OF THIS OBLIGATION is such that, if thc Con~ractor shall' 11 $ promptly and faithfully perform said Conlrac! including all duly anthoHzed changes thereto, according to 1 ! 6 all thc terms thereof, including those under which Con~ractor a~ecs to pay legally required wage rates ! 17 including the prevailing hourly late of wages in thc locality, as determined by the Dcpa:'hnent of Labor ! 18 and Industrial Rela6uns or by final ~udicial determination, for each eral% or type of workman required 119 execute the contract, and. further, shall defend, indemnify and hold the Owner harm]ess from all damages, 120 loss and expense occasioned hy any failure whatsoever of said Conllactor and Surety to fully comply with 121 and carry out each and every requirement of the conllact, then this ohli§a6on shall 122 shall remain in full force and effect. 123 ~ 24 In the event that Conlractor shall be and is declared hy the Owner to BO in default under ~h¢ Con~lact, thc 12~ Owner having performed its ohliEations thereunder, thc Surety may promptly remedy thc default, or shall 126 promptly 128 1) Complete thc conlract in.accordance with its terms and condi6ons, or 130 2) Obtain a hid or bids for completing the Con~ract in accordance with its terms and condi6ons, and upon ! 31 detezntlna6on by Surety of thc lowest responsible bidder, or, if the Owner elects, upon determination by ! 32 . the Owner and the Surety3oindy of the lowest responsible bidder, arrange for a contract between such 133 hJdder and thc Owner, and make availahl¢ as Work progresses (ewJn though there should he a default or · 134 a succession of defaults under the contract or conlracts of completion arranged under this paragraph) 135 sufficient funds to pay thc cost of completion less the balance of thc conllact pr{ce; hut not exceeding,. 136 including other costa and damages for which the Surety may be liable bore under, thc penal sum of I]1¢ 137 bond..The term "halance of the con~lact pr{ce", as used in this paragraph, shall mean thc total amount 138 payable hy the Owner to Con~lactor under the Conllact and any amendments thereto, disbur~d at thc late 139 prox4dcd in the or{§inal conllact, less the amount properly p~id I~y [he Owner to the Con~ractor. If the, 140 completion conlruct provides for more rapid payment than the Contract, then Surety shall advance such 141 sums as are needed to make payment as provided in the completion contract and shall recover it from the 142 Owner when payment from the Ov~er is due. 143 144 WAIVER. The said surety, for value received, hereby expressly agrees that no change, extension of time, . 145 alteration or addition to the terms of the contract o/to the work to be performed thereunder, shall in any 146 wise affect the obligations of this bond; and it does hereby waive notice of any such change, extension of 147 time, or alteration or addition to the tciins of the contract or the work to be performed thereunder. 149 IN WITNESS WHEREOF, the above parties hav~ executed this instrument, the 23 dd~ 150 20 0~3. 151 152 SIGNATURE OF PRINCIPAL (as applicable) 153 154 A, Individual, partnership or joint ventm-c ] 55 (Signature of sole proprietor or ge'ncr'al parmer) 156 157 B. Corporation I~ew~t Western Co. 158 Name of Corporate Principal 159 161 Attest: ~ By 162 Secre~tary(affix~'ea~' / I~ Rand'all-P. Sanman, Vice President 163 Hark P. Campbell, Asst. Secry. '. 165 SIGNATURE OF SURETY Name and address of Corporate Surety 166 Travelers Ca~:~.L"y and Surety G~,~'~' of 167 One Tower Sq. 13CZ America 168 Hartford, CT 06183 . 170 · . 171 '.. B ~ ~'. (seal) 172 ]pt~omq, in Fact {atlach power of 173 vJ~nee R. Niolsen ' 174 . _ · .... 175 .. ^CC'~PTAN(~ BY 176 '177 · The foregoing bond is approved. 178 179 date ,~ "' By 180 '- " 182 The foregoing bond is in due form according to law and is approved. · · 183 .. 184 date , By 185 . .- , · ..... TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARbllNGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT K.NOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations d~ly 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 thc "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Philip G. Dehn, Terr~ K. Bar~el, Jennifer L Miller, Janet R. Nielsen, Christopher W. Burcsh, Tammy Pike, of Omaha, Nebraska, their tn;e and lawful Attorney(s)-in-Faet, with full power and authority hereby - conferred to sign, execute and acknowlecige, 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 lo 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 madc und~;r and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairmen, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assist~t Treasurer, the Coq~ornte Secretsry or any Assistant Secretary may appoint Attorneys-in-Fast · and Agent~ to act fir and on behalf Of the company and may give such appointee such authurity as his or ho' certificate of authority may prescribe to sign with the Company's name end seal with the Company's seal bends, recognizances, contracts of indo-anity, and other writings obligateq, in · the nature ora bond, recognizance, or conditional undertaking, nnd any of said officers or the Board of Directurs at any time may remove any such appointee and revoke the Power given him or ho-. vOTED: That the Chairman, the Presidentl amy Vice Chairman, uny Executive Vice President, nay Senior Vice President or any Vice President may delegate all or any part of the foregoing ~iuthurity to one or more officers or employees of this Company, provided that each such delegation is in writing, nnd a copy thereof is filed in the offce of the Secretary. · VOTED: That nay bend, recognizunce, contract of indenufity, or writing obligato~/ in the nature of a bond, recognizance, or conditional undenakifig shall be valid and binding upon the Company when {a) signed by the President, any Vice Chaitmun, 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 Seo-eta~ or Assistant Secretary, or 0a) duly executed {undo' seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the Power prescribed in his or ho' certificate or their e.e~ificates of authority or · · by one or more Cbmpany ofco-s pursuant to a written delegation of authority, · This Power ot~At~orney and Certificate 0f Authorityis'signed and sealed by facsimile (mechanical or printed) under'and by ...... authority of the following Standing Resolution voted by the Boards of Directo~ of TRAVELERS CASUALTY AND SURETY .: COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARM~IGTON CASUALTY '- COMPANY, which Resolution is now in full force and effect: ' .:. · ' ..... : ' " VO'I'~D: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, eny Assistant Vice President, any SeCretary, any Assistant Secretar/, and the se~] of the Company may be affx~.'d by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-m-Fact for purposes only of executing and attesting bond~ and undertakings and other v~'itings 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. . . ~ - IN' WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AM£RICA, TRAVELERS CASUALTY AND SURETY COI~,IPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be harcto affixed this I lth day of July 2001. STA'~'E'OF CONNECTIC~UT ' TRAVELERS CASUALTY AND SURETY COIVIPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS. Hartford · · FAPJ, II~NGTON CASUALTY COMI~ANY ' COUNTY OF HARTFORD ~a ~.~,.._..~ ' ' · · GeorgeW. Thompson . Senior ¥i¢e President- · ' On tl~ 1 lth day of July, :2001 before me per~onally came G£ORGE W. TItOM~SON to me known, who, being by fac duly s~om, did depo~ and wy: that be/she is Senior Vice President of TRAVELERS CASUALTY ANI) SURETY COMI~ANY OF .4dMERICA, TRAVELERS CA~IJALTY AND SURETY COMPANY and FARMINGTON CASIJALTY COMI~AN¥, the corpora/ions cle.~ribed in and which executed thc abov~ instrument; that ha/she know~ thc .serds of said co~'poradons;~that thc seals ' att'~xed to thc *aid in.m'ument are ~¢h cm~orat¢ .~cals; and that he/she executed thc ~dd imm'ument on be ,half of thc corporations by' authority of his/her ollic~ under the Standing Resolutions thereof. ' My commission expires dune 30, 2006 Nota~ Public Made ¢. Tntreaul! I, thc undersigned, 'Assistant Se~reiar~ of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY CO1VI?ANY and FARIVlI~GTON CASUALTY COMPANY, sto~k corporations of thc State of Connecticut, DO HEREBY CERTIFY till the foregoing and uttached Power of Attorney and Ccrfificai~ of Authority r~'mains in full £ore~ and has not be~n r~voked; and fiuthermer~, thui thc Standing Resolutions of thc Boards of Dire~ors, as s~l forth in ibc Certificate of Authority, al~ now in force, Signed and Scaled at thc Home Offi~ of thc Company, in thc City of Hartford, State of Connecticut. Dated this 23 day of Se~:eraSec ,2003. Kod M. Johanson Assistant Secretary~ Bond Travelers 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' statutodly 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 covera'g'e, under the attached policy or bond (or the policy or .. .... bond being quoted). I~lease also.note that no separate additional ' premium charge has bee.n 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 ti"lan one percent of your premium.