HomeMy WebLinkAboutOrdinance 4745 ORDINANCE NO. 4745
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH
MULTI-CRAFT CONTRACTORS, INC. IN THE AMOUNT OF
$27,554.00 TO PROVIDE EMERGENCY REHABILITATION TO THE
EFFLUENT FILTERING SYSTEM AT THE NOLAND
WASTEWATER TREATMENT PLANT; APPROVING A
CONTINGENCY IN THE AMOUNT OF $2,446.00; AND
DECLARING AN EMERGENCY.
WHEREAS, the effluent filtering process is an essential component to meet the effluent limits set
forth in the City's current NPDES discharge permit; and,
WHEREAS, two of the effluent filter cells have failed and must be repaired before rainfall
increases in September, and;
WHEREAS, Multi-Craft Contractors, Inc. is uniquely qualified, and prepared to conduct the
required rehabilitation without delay.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or practical,
and waives the requirements of formal competitive bidding and approves a contract with Multi-Craft
Contractors, Inc. in the amount of $27,554.00 to provide emergency rehabilitation to the Effluent
Filtering System at the Noland Wastewater Treatment Plant
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
Contingency in the amount of $2,446.00.
Section 3. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, hereby
finds the immediate rehabilitation of the effluent filter cells to be necessary to preserve the health and
safety of the citizens of Fayetteville, and because of such, an emergency is hereby declared to exist and
this ordinance shall be in full force and effect from the date of its passage and approval.
PASSE!T F` "' ' FPVED this16thday of August 2005.
�•�� v• \SY •64;; P,P
• G APPROVED:
= U •
; FAYETTEVILLE ;
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s • '
KANS • J
��` DA COODY, Mayor
ATTEST:
By. /V
S NDRA SMITH, City Clerk
Emergency Effluent Filter Rehabilitation Noland Wastewater Plant
Fayetteville, Arkansas
CONTRACT
EFFLUENT FILTER REPAIRS
NOLAND WASTEWATER TREATMENT PLANT
FAYETTEVILLE, ARKANSAS
THIS AGREEMENT, made and entered into the^ day of &o , 2005, by and between the City of
Fayetteville, County of Washington, State of Arkansas, and Multi-Craft Contractors, Inc,
Springdale, Arkansas, hereinafter called the Contractor.
WITNESSETH THAT:
WHEREAS, the City of Fayetteville has waived competitive bidding for emergency repairs on
technical equipment at the Noland Wastewater Treatment Plant in accordance with Arkansas
Purchasing Law (19- 11 - 103), and has secured what is deemed a reasonable and competitive
proposal for the rehabilitation of sever effluent filter cells in accordance with the Filter Cell
Rebuild Requirements (attached) and the July 21 , 2005 proposal from Multi-Craff Contractors,
Inc. (attached), all of said materials having been approved by the City of Fayetteville, Arkansas;
and
WHEREAS, pursuant to the non-competitive solicitation and negotiation, the Contractor is
deemed to be a reasonable, responsible, competitive and qualified provider for the emergency
construction of said Improvements;
NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete
the construction of:
Rehabilitation of two (2) effluent filter cells at the Noland Wastewater Treatment Plant in
accordance with the specifications titled "Filter Cell Rebuild Requirements" (pages 1 through 7)
and Multi-Craft quote dated July 21 , 2005 in accordance with the proposal schedule, plan
drawings, the contract documents including the project specifications, including all Work
required for a complete and acceptable installation, for the lump sum prices bid in the Bid
Proposal, all of which become and are a part of this Contract, the total sum thus being TWENTY
SEVEN THOUSAND FIVE HUNDRED FIFTY FOUR AND 00/100 ($27,554.00), such sum being the
agreed amount upon which bonds and liabilities are based, and at his own cost and expense
furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance
and other accessories and services necessary to complete the said construction in accordance
with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in
accordance with the Technical Specifications, the General Conditions, the Supplementary
Conditions, and in accordance with the Plans, which include all blueprints, and other drawings,
and written or printed explanatory matter thereof.
The Contractor shall be required to furnish 100% Performance and Payments Bonds and a
Certificate of Insurance prior to the issuance of a Notice to Proceed. The Bonds shall be written
by an approved surety, the insurance certificate shall include: property, personal injury,
workman compensation insurance coverage and general liability in statutory coverage
amounts. The insurance certificate shall list the City of Fayetteville as an additional insured and
as a certificate holder.
Page 1 of 4
Emergency Effluent Filter Rehabilitation Noland Wastewater Plant
Fayetteville, Arkansas
The Contractor agrees to commence work under this contract within ten days of the issuance of
the Notice to Proceed and totally complete all work within thirty (30) calendar days. Time of
completion will be subject to discretion of the Wastewater Plant operations, as loading
conditions or operational considerations may require staging, segmenting or delaying portions
of the work.
The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the
contract in accordance with the accepted Bid, subject to additions and deductions, as provided
in the Specifications, and to make payment on account thereof as provided below.
As soon as is practicable atter completion of each unit, and in accordance with the bid
Specifications, the City of Fayetteville will make payments to the Contractor for work performed ,
based upon the project manager's approval of work completed, said invoice being certified by
the Contractor and accepted by the City of Fayetteville. Retainage shall be withheld from the
partial payments as provided by Arkansas state laws by the City of Fayetteville until final
completion and acceptance by the City of Fayetteville.
Time is hereby expressly declared to be of the essence of this contract, and the time of
beginning, manner of progress and time of completion of the work hereunder shall be and are
essential conditions hereof.
The Contractor agrees to commence work within ten (10) calendar days from the date of the
Notice to Proceed and to proceed with the construction of the work and to prosecute the work
with an adequate force and in a manner so as to complete the work within the time stipulated
herein. If the Contractor fails in completing the contract within the time stipulated herein, the
Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one
hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts
being fixed and agreed upon by and between the parties hereto. Because of the
impracticability and extreme difficulty in fixing and ascertaining the actual damages City of
Fayetteville would in such event sustain, said amounts are to be presumed by the parties to this
contract to be the amounts of damage City of Fayetteville would sustain in related costs. Said
amounts of liquidated damages shall be deductible from any amount due Contractor under the
Final Estimate of said work, after the completion thereof, and Contractor shall be entitled to the
Final Estimate less such amounts of liquidated damages.
If the Contractor be delayed at any time in the progress of the work by any act or neglect of the
City of Fayetteville or of the City of Fayetteville's employees, or by any other Contractor
employed by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts,
fire, unusual delay in transportation, unavoidable casualties or any causes beyond the
Contractor's control, or by any cause which the Project Manager shall decide to justify the
delay, then the time of completion shall be extended for such reasonable time as the Project
Manager may decide.
No such extension shall be made for delay occurring more than seven days before claim
therefore is made in writing to the Project Manager. In the case of a continuing cause for delay,
only one claim is necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue
the work atter ten ( 10) days written notice, given Contractor by the City of Fayetteville, then the
Page 2 of 4
Emergency Effluent Filter Rehabilitation Noland Wastewater Plant
Fayetteville, Arkansas
City of Fayetteville shall have the option of 1 ) declaring this contract at an end, in which event
the City of Fayetteville shall not be liable to the Contractor for any work theretofore performed,
or 2) requiring the surety hereto, upon ten ( 10) days notice, to complete and carry out the
contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said
contract, 3) said City of Fayetteville may complete the contract as its own expense and
maintain an action against the Contractor and the surety hereto for the actual cost of same,
together with any damages or other expense sustained or incurred by City of Fayetteville in
0 • tcompleting this contract, less the total amount provided for hereunder to be paid Contractor
upon the completion of this contract.
Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
'TheIcontractor shall ensure that the City of Fayetteville receives lien waivers from all material
suppliers, subcontractors and sub-subcontractors and before work begins on the project. The
contractor shall give written notice to the material suppliers, subcontractors and sub-
subcontractors providing work on the project that states the following: "According to Arkansas
Law, it is understood that no liens can be filed against public property if a valid and enforceable
payment and performance bond is in place. Regarding this Project and Agreement, the valid
and enforceable bonds are with X f A u L ' The contractor shall have each
subcontractor; sub-subcontractor and material supplier execute a written receipt evidencing
acknowledgment of this statement prior to commencement of the work of the subcontractor,
sub-subcontractor or material supplier.
City contracts and documents prepared while performing city contractual work are subject to
the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to
the City of Fayetteville the contractor will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A.
25- 19- 101 of. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be
assessed for this compliance."
Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions,
suits, charges and judgments whatsoever that arise out of performance or nonperformance of
the services or subject matter called for in this contract, provided that nothing herein shall be
construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville
under the Constitution and Statutes of the State of Arkansas.
This contract shall be binding upon the heirs, representatives, successors or assigns of the parties
hereto, including the surety.
IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and
seals, respectively.
Multi-Craft Contractors, Inc City of Fayetteville, Arkansas
Page 3 of 4
9'
Emer ency Effluent Filter Rehabilitation land Wastewatr Plant
Faye ille,4AZrnq�s
By: By:
Authorized Signat re ayor Dan Coody
Witn s' vj� �City Clerk, Sondra Smith �„auunrr„
'If corporation, secretary should attest. ;\i ••'�\TY p�•SG
c ;
FAYETTEVILLE ; _
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%9iP '9'Q Q5 •'���
% 'Y ' kANs • Jac
End of Contract 110,0
C������
Page 4 of 4
PAYMENT AND TRAAIELERS CASUALTY AND SURETYROMPANY OF AMERICA
PERFORMANCE Hartford , Connecticut 06183
BOND
Bond No. : 103647891
KNOW ALL PERSONS BY THESE PRESENTS, That we, Multi-Craft Contractors, Inc. , as principal,
(hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a
Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto
City of Fayetteville, as Obligee, in the sum of Twenty Seven Thousand Five Hundred Fifty Four and
00/100 Dollars ($27,554.00) for the payment whereof said Principal and Surety bind themselves,
jointly and severally, as provided herein.
WHEREAS, the Principal has entered into a Contract with Obligee dated August 23, 2005, to perform
construction work for Rehabilitation two effluent filter cells at the Noland Wastewater Treatment Plant
("Contract").
NOW , THEREFORE, the condition of this obligation is such that if Principal shall promptly and
faithfully perform the Construction Work to be performed under the Contract, and shall promptly
make payment to Claimants, as hereinafter defined, for all labor and material actually used,
consumed or incorporated in the performance of the Construction Work under the Contract, then this
obligation shall be null and void; otherwise to remain in full force and effect.
Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the
Contract for failing to perform the Construction Work, and has been declared by Obligee to be in
default under the Contract for failing to perform the Construction Work; and Obligee has performed
its obligations under the Contract. In such event, Surety shall have a reasonable period of time to:
1 . Upon entering into an acceptable written takeover agreement with Obligee, undertake
to perform and complete the Construction Work to be done under the Contract; or
2. Obtain bids or negotiated proposals from qualified contractors for a contract for
completion of the Construction Work to be done under the Contract, arrange for a contract to be
prepared for execution by Obligee and contractor, to be secured with performance and payment
bonds executed by a qualified surety; or
3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1
and 2 above, and with reasonable promptness under the circumstances: (a) After investigation,
determine the amount for which it may be liable to the Obligee and, as soon as practicable after the
amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part
and notify the Obligee citing reasons therefor.
4. The Contract balance, as defined below, shall be credited against the
reasonable construction cost of completing the Construction Work to be performed under the
Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable
construction cost of completing the Construction Work exceeds the Contract balance, Surety shall
pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount
of this bond . If Surety completes the work pursuant to paragraph 1 above, that portion of the
Contract balance as may be required to complete the Construction Work to be done under the
Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner
as said sums would have been payable to Principal had there been no default under the Contract. To
the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall
be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability
shall not exceed the penal sum of this bond . The term "Contract balance" as used herein shall mean
the total amount payable by Obligee under the Contract and any amendments thereto, less the
amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as
Payment and Performance Bond - Page 1 of 3
used herein shall mean the providing of all labor and/or material necessary to complete Principal's
scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the
Contract balance shall not be reduced or set off on account of any obligation, contractual or
otherwise, except the reasonable construction cost incurred in completing the Construction Work.
5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the
expiration of one year from the date of substantial completion of the Construction Work, or (b) one
year after Principal ceased performing the Construction Work, excluding warranty work. If the public
works bond statutes in the location where the Construction Work is being performed contains a
statute of limitations for suits on the performance bond, then the limitation period set forth herein shall
be read out of this bond and the statute of limitation set forth in the public works bond statutes shall
be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable,
and said period of limitation shall be deemed to have accrued and shall commence to run no later
than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased
performing Construction Work, excluding warranty work, whichever occurs first.
6. A Claimant is defined as one other than Obligee having a contract with Principal or
with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material
is actually used, consumed or incorporated in the performance of the Construction Work under the
Contract.
7. Principal and Surety hereby jointly and severally agree with Obligee that every
Claimant as herein defined who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such Claimant's work or labor was done or performed or
materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final
judgment for the amount due under Claimant's contract for the labor and/or material supplied by
Claimant which was actually used, consumed or incorporated in the performance of the Construction
Work, and have execution thereon; provided , however, that a Claimant having a direct contractual
relationship with a subcontractor of Principal shall have a right of action on this bond only if said
Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said
Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not
be liable for the payment of any costs or expenses of any such suit.
8. No suit or action shall be commenced hereunder by any Claimant after the expiration
of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials
for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if
any, in the location where the construction work is being performed. Any limitation contained in this
bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to
be amended so as to be equal to the minimum period of limitation permitted by the law of that state,
and said period of limitation shall be deemed to have accrued and shall commence to run on the day
Claimant last supplied the labor and/or materials for which the claim is made.
9. No suit or action shall be commenced hereunder by Obligee or any Claimant other
than in a state court of competent jurisdiction in the county or other political subdivision of the state in
which the project, or any part thereof, is situated, or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
10. The amount of this bond shall be reduced by and to the extent of any payment or
payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or
otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all
Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety
may, at its option, discharge all obligations under this bond by interpleading into the registry of any
court of competent jurisdiction of the full unused penal sum of this bond, or such portion thereof that
will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this
bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford
Payment and Performance Bond - Page 2 of 3
coverage for any liability of Principal for tortious acts, whether or nol said liability is direct or is
imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability
or other insurance required by the Contract.
11 . This bond is provided to comply with a statutory or other legal requirement for
performing construction contracts for public owners in the location where the construction work is
being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which
are in addition to or differ from those statutory or legal requirements shall be read out of this bond,
and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a
statutory bond, not a common law bond.
Signed this 24th day of August, 2005.
Multi-Craft Contractors, Inc.
®(Principal)
By: -dad 7/ !
Travelers Casualty and Surety
Company of America
By:
Warren T. Baldwin, Jr, Attorney-in-Fa t
Payment and Performance Bond - Page 3 of 3
TRAVELER SUALTY AND SURETY COMPANY OFA CA
TRAWERS CASUALTY AND SURETY COMPANYqW
FARMINGTON 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: Dana Carol Freeman, Tabatha Moody, Darby Barton, Bill Brookshire, Warren T.
Baldwin, Jr., of Fayetteville, Arkansas, their true and lawful Attorey(s)-in-Fact, with full 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 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 Atlomeys-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 Attomeys-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.
(02-05) Unlimited
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IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of July, 2005.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
} SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
_f'Y 9J,�lY ANpp O�SUq(
Fi m },�pvaq,
#/HA�m_Fo�t�.► �e a wwrroa�. _ '' q g 3� o BY
George W. Thompson
Senior Vice President
On this 12th day of July, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swom,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof
6 Ter
My commission expires June 30, 2006 NotaryPublic
Marie C. Tetreault
CERTIFICATE
11 the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate 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 Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hanford, State of Connecticut. Dated this .tet +kday of
AtA4 vim+ , 20 05
O&S,
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y
Nicholas Seminara
Senior Vice President
�i STPAUL
�i 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 an insurer's
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 .
ILT- 1018 (9/04) Multi Craft Contractors, Inc 103647891