Loading...
HomeMy WebLinkAboutTenth Street Phase 1Jacobi, Toombs and Lanz, Inc. consulting Engineers '120 Bell Avenue Clarksville, Indiana 47'129 Phone 8'12.288.6646 Fax 8'12.288.6656 RECEIVED MT_MC) From: Subject'. Date: Anne Marie Galligan Jeffersonville City Attorney Jorge I. Lanz, P.E. Tenth Street Reconstruction, Phase 1 Gohmann Asphalt and Construction, Inc. July 24, 2003 Enclosed are copies of the Notice to Proceed, Certificate of Insurance, and Performance and Payment Bonds for your records. ACORD. PRODUCER CERTIFICATE OF LIABI[:ITY/NSURANCF o._, Sterling G. Thompson Co. 137 W. Muh=m~ad Ali Blvd.#200 Louisville K~ 40202 Phone:502-585-3277 Fax:502-585-3306 Gob_mann Asphalt And Construction. Inc. P.O. Box 2428 Clarksville IN 47131-2428 DATE {MM.'OD/¥Y) 07/21/03 INSURED THIS ~t:;KHFiCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE [NSURERA: St. Psul Fire & Marine Ins. Co INSURER E: INSURER C: NBURER D iNSURER E: COVERAGES THE POLICIES OF iNSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V~qTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLiCiES DESCRIBED HEREIN ~S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI IClES AGGREGATE L M TS SHOWN MAY HAVE BEEN REDUCED EY PAID CLAIMS. NSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYpE OF INSURANCE POLICY NUMBER DATE (MM/DDPt~fl DATE (MM/DO/Yy)I LIMITS GE[GENERAL LIABILITY EACH OCCURRENCE I $ i , 000 , 000 A~COMMERCIALGENERALL1ABILITY ~04100942 12/31/02 12/31/03 FIREDAMAGE(Anyonefire) $ 100/000 I CLA[MSMADE [] OCCbR MEDEXP(~y0nepemon) $ 5,000 PERSONAL& ADVINJURY $ i, 000,000 -- GENE~,5,L AGGREGATE $ 2,000,000 GEN'L AGGREGATE MM[T APPLIES PER: PRODUCTS - COMP/Op AGG $ 2 · 000,000 I AUTOMOBILE LIABILITY " COMBINED SINGLE LIMIT $ I ~, 0 0 0 / ~ (~ 0 .~ I1~ ANYAUTO ['~:04100942 12/31/02 , 22/31/03 (~,accident) SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY --7 OCCUR [] CLAIMS MADE AGGREGATE $ $ WORKERS COMPENSA'~O" AND I TORY LIMITSI ?~- A EMPLOYERS' LIAB[UTY WVK4100412 12/31/02 12/31/03 E,L, EACH ACCIDENT $1,000,000_ OTHER . Pro~ect: Ten~ Street Reconst~ction ~o~ect~ Phase i CERTIFICATE HOLDERI 1 N ADDITIONAL INSURED~ INSdRERr [~- ~ '~ ~?-~'~t ?~? Jeffersonville Board of Public Works & Safety City County Building 501E. Court Avenue Jeffersonville IN 47130 ACORD 25-S (7/97) 'C~NCELL~TION Joe ~:: ~!:,- ©ACORD C ACORD. CERTIFICATE OF LIABILITY INSURANC °"' PRODUCER Sterling G. Thompson Co. 137 W. Muhammad Ali Blvd. S200 Louisville KY 40202 Phone:502-585-3277 Fax:502-585-3306 INSURED Gohmann Asphalt And Construction. Inc. P.O. Box 2428 Clarksville IN 47131-2428 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: St. Paul Fire & ~rine Ins. CO INSURER B: iNSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANDiNG MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LTRNSF TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE {MM/DDA Y) GENERAL LIABILITY EACH OCCURRENCE $ '1 x 000 i 000 A X COMMERCIAL GENERAL LIABILITY KK04100942 12/33./02 3.2/31/03 F]REDAMAGE(Anyonefire) $1001000 ~] OCCUR MED EXP (Any °ne pets°n) $5t000 CLAIMS MADE PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $2t000/000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ I, 000,0 (~0 A X ANYAUTO KK04100942 12/31/02 ~ 12/31/03 (Eaaccident) ALL OWNED AUTOS bO[~iL+ IN~IURY .... $ -- (Per person) SCHEDULED AUTOS PROPERTY DAMAGE $ -- Per accident) AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESS LIABILITY ~ OCCUR [] CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ I TORY LIMITSIIERurH- A EMPLOYERS'LIABILITY WVK410043.2 12/31/02 12/31/03 E.L. EACH ACCIDENT $1,000,000 E.L DISEASE - EA EMPLOYEE $ i, 000 ~ 000 E.L. DISEASE- POLICY LIMIT $ 1 ~ 000 ~ 000 I Project: Tenth Street Reconstmction Project, Phase 1 CERTIFICATE HOLDER I N J ADDITIONAL INSURED; INSURER LE'VrER: __ CANCELLATION JEFFBD1 Jeffersonville Board Of Public Works & Safety City County Building 501 E. Court Avenue Jeffersonville IN 47130 ACORD 25-S (7~97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIEE DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAiL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS A(~E ~NTS OR Joe UNITED STATES FIDELITY AND GUARANTY COMPANY [] FIDELITY AND GUARANTY INSURANCE COMPANY F'i FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): (R~t~ ~ ~ ~b~%E~O~ ]~C. P.O. ~ 2428 ~-°,[~/~rl~ IND. 47131-2428 SURETY (Name and Principal Place of Business): U~£L~J STATES ~ OWNER (Name and Address): C~/~ ~[,TJ~, ~G'v] 421 Jb~, ~DIAWA 47131 CONSTRUCTION CONTRACT Date: JULY ~, 2~03 Amount: $1,317,575.90 . Description (Name and Location): BOND Date (Not earlier than ConstnJction Contract Date): Amount: $1,317,575.90 CONTRACTOR AS PRINCIPAL 3ULY 21, 2003 []None SURETY I-I See Page 3 Company: (Coqcorate Seal) Company: (Corporate Seal) (Any additional signatu~s appear on page 3) (FOR INFORMA TION ONL Y- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or i'll. T. S~ (D. ,~C. other pa~y): 502-585-4147 Printed in cooperation with the American Institute of Architects (AIA) by the United States Fidelity and Guaranty Company. The Language in this document conforms exactly to the language used in AIA Document A312, December, 1984 edifion,.Third Printing, March, 1987 Con=a= 372 (1 8~610 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor sha!! be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's dght, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's dght to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract P~fice to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to pedorm the Construction Contract in accordance with the terms of the contract with ~be Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to pedorm and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds, ex. ecuted by a qualified surety equivalent to the bends,issued on the Construction Contract, and pay t0;;{he Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After invesfigetion, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liabitity in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without flJrther notice the Owner shall be entitled to enfome any remedy available to the Owner. 6 After the Owner has terminated the Contractor's dght to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 42. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professiona~ and delay costs resulting from the Contractor's Default, and 2 85610 [] UNITED STATES FIDELITY AND GUARANTY COMPANY [] FIDELITY AND GUARANTY INSURANCE COMPANY [] FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. A IA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ~ ASTPA[~ AND ~(~,] ~C. P.O. ~ 2428 (IARRSV~ I ~,]1~). 47131-2428 SURETY (Name and Principal Place of Business): U~rJ~J STAq]~ ~ A~D (tlARAN1Y ORvpANY OWNER (Name and Address): C[~'/~ BUIIDING, ~CEM 421 ~, ]i~DI~A 47131 CONSTRUCTION CONTRACT Date: JULY 2[, 2003 Amount: $1,317,575.90 Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: $1,317,575.90 Modifications to this Bond: JULY 21, 2003 []None r-ISee Page 6 SURETY Company: (Corporate Seal) CONTRACTOR AS PRINCIPAL ~~ A~) (~"~%CT[(~.rate Seal) (Any additional signatures appear on page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Amhitect, Engineer or ~M. T. 5['~L~-[ G3.~I[',~C. other party): 744 ~ ETELD]~; IEU. ,El 40~02 502-585-4147 Printed in cooperation with the American Institute of Amhitects (AIA) by the United States Fidelity and Guaranty Company. The language in this document conforms exactly to the language used in AIA Document A312, December, 1984 edition, Third Printing, March, 1987 Con~'act 373 ( 10-92} I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay fur labor, materials and equipment furnished for use in the performance of the Construction Contract; which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, fur all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is fur the payment for labor, materials or equipment fumished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and Surety, and provided there is no owner Default,. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, fur all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim~ 4.2. Claimants who do not have a direct contract with the Contra~O~': .1 Have /'Jmished written notice to the C~ntractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and o3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the fullowing actions: 6.1 Send an answer to the Claimant, with a copy to the owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis fur challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond~ and the amount of this Bond shall be credited fur any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's pdority to use the funds fur the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract 5 Stl ul Surety St. Patti Fire and Marine Insurance Company Unltm] Stat~ Fidelity and Guaranty Company St. Paul Guard/an Insurance Company Fidelity and Gusranty ~ Company St. Pau~ Mercury Insurance Company Flddlty and Guaranty Insuran~ Underwriter~ Seaboard Surety Company St. Paul Medical Liability Insuranc~ Company Bond No. ~ & PAS/~ RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM ~OVERAGE 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 date of the bond. You should know that, effective November 26, 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'losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 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 $o.oo. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. ' 'lhe l)auI 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. 21173 C--LiLicateNo- 1793977 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 "Companles"), and that the Companies do hereby make, constitute and appoint William E. Frombaclk Simon D. Thomas, John G. Thomas and Rebecca S. Simpson of the City of Louisville , State Kentucky , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal 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 y actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies 14t~ ~ of May 2003 Seaboard Surety Company State of Maryland City of Baltimore ? and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. THOMAS E. HUIBREGTSE, Assistant Secretary On this 14th day of Max/, 2003 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, 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. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 1st day of July, 2006. e REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. This Power of A~torney 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 Compaay, 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 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 be 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 Attorney(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 obligatorg in the nature thereof, and any such instrument executed by such Attontey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer ~'¢d.}ealed and attested to by the Secretary of the Company. I, Thomas E. Hmbregtse,~,Asststant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury, IfisuranceZ~X>~pany United States Fideiity and Guaranty Company, Fidelity and Guaranty Insurance Company and F'de 'ty and Guaranty Insurance Unde[write~sy Inc. ~d~ herel~'c, ertify that the above and foregoing is a uae and correct copy of the Power of Attorney executed by said Companies, which is in Inti force and ~ffect a~d has c~I~t bee~"~eVoked. IN TEs~I[~IO~- W~P~,OF, I hereunto set my hand this 21St day of JJLY , 2(303 Thomas E. Hthbregtse. Assistm~t Secretary To verify the authenfici~y of this Power o the above-named individuals and the details o clerk. Please refer to the Power of Attorney number,