EGN Contruction-2005-06 , I
AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND EGN CONSTRUCTION
CORPORATION, INC. FOR THE PROVISION OF
CONSTRUCTION SERVICES FOR THE GRAND
TERRACE CORPORATE YARD (GTB BID NO.05-01)
THIS AGREEMENT IS ENTERED INTO THIS 12- DAY OF 2005 BY AND
BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND EGN CONSTRUCTION, INC.
("CONTRACTOR") FOR THE GRAND TERRACE CORPORATE YARD.
WHEREAS, CONTRACTOR is a Licensed and Qualified Contractor to perform the
services required of the Grand Terrace Corporate Yard for the City of Grand Terrace; and
WHEREAS, CITY desires to utilize the services of CONTRACTOR to implement the
Grand Terrace Corporate Yard
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SERVICES OR SCOPE OF WORK
Contractor shall perform all the services as described as follows:
A. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said City, said Contractor agrees with said City to perform and complete in a
workmanlike manner all work required under the Bidding Schedule B and Addenda of the
City's Specification, in accordance with the Specifications and Drawings therefore, to furnish
at his own expense all labor, materials, equipment, tools and services necessary therefore,
except those materials, equipment, tools and services as may be stipulated in said specification
to be furnished by said City and to do everything required by this Agreement and the said
Specifications and Drawings.
B. The Notice Inviting Bids, Instructions to Bidders, Proposal, Information Required of Bidder,
Specification, Drawings, and all addenda issued by the City with respect to the foregoing prior
to the opening of bids, are hereby incorporated in and made a part of this Agreement.
C. In entering into a Public Works Contract for a subcontract to supply goods, services or
materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and
agrees to assign to the City all rights, title, and interest in and to all c4uses of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act
(Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code, arising from purchases of goods, services, or materials pursuant to the
Public Works Contract or the subcontract. This assignment shall be made and become
City of Grand Terrace-2005 Grand Terrace Corporate Yard—Page A-1
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effective at the time the City tenders final payment to the Contractor without further
acknowledgment by the parties.
SECTION 2. SERVICES PROVIDED
CONTRACTOR shall provide all labor, supervision and equipment required to perform said
services.
SECTION 3. COMPENSATION
Contractor shall be paid One Hundred Thirty-Seven Thousand Four Hundred One Dollars and
Ninety Cents ($137,401.90) as outlined in the bid price schedule submitted by Contractor. Total
compensation for the Project is a not to exceed amount of that amount.
SECTION 4. BUSINESS LICENSE
CONTRACTOR and all designated subcontractors shall, within five (5) days of executing this
contract, obtain a current City of Grand Terrace business license, during the term of this contract
or any extension thereto.
SECTION 5. INDEPENDENT CONTRACTOR
The parties agree that CONTRACTOR is an independent contractor who is being paid to produce a
result. CONTRACTOR is in no way an employee of CITY or CITY. CONTRACTOR controls
the means of accomplishing the work. CONTRACTOR shall pay all Federal and State payroll
taxes for employees of CONTRACTOR and said employees shall in no way be deemed or
construed to be employees of CITY or CITY for any purposes.
SECTION 6. EFFECTIVE DATE/TERM
This agreement shall become effective upon the date of execution of the Agreement by both parties
and terminate 120 days thereafter, unless renewed or extended by mutual agreement.
SECTION 7. TERMINATION
City shall have the right to terminate this agreement at a date earlier than specified for default.
Before CITY exercises said right, it shall give CONTRACTOR 15 days notice of the facts
constituting the default and a chance to cure any deficiencies within that time. If those deficiencies
have not been cured, CITY shall have the right to send CONTRACTOR notice that the contract
has been terminated for default pursuant to this paragraph by giving notice as provided herein.
City of Grand Terrace-2005 Grand Terrace Corporate Yard—Page A-2
SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the expressed written consent of CITY.
SECTION 9. NOTICE
The parties may give notice under this contract by sending such notice certified mail addressed as
follows:
TO CITY: CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92313
ATTN: Steve Berry, Assistant City Manager
TO CONTRACTOR: EGN CONSTRUCTION, INC.
P.O. Box 367
Upland, CA 91785
Attn: Ernie Norlund
Such notice shall be deemed received five (5) days after mailing, whether signed for or not.
SECTION 10. GRATUITIES
CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has
offered or given any gratuities to CITY'S employees, agents or representatives with a view toward
securing this contract or securing favorable treatment with respect thereto.
SECTION 11. CONFLICT OF INTEREST
CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any
way associated with any architect, engineer or other preparer of the plans and specifications for
this project. CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules,
agrees to abide by those rules, and agrees that any breach of those rules shall give CITY the right
to rescind, cancel or otherwise terminate this agreement, at CITY'S discretion.
SECTION 12. INTEGRATION
This agreement constitutes the entire agreement and understanding between the parties hereto, and
it shall not be considered modified, altered, changed, or amended in any respect unless in writing
and signed by the parties hereto.
SECTION 13. NO WAIVER
The failure of the CITY at the time to require performance by the CONTRACTOR of any
provisions hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor
City of Grand Terrace-2005 Grand Terrace Corporate Yard—Page A-3
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shall waiver by the CITY of any breach of any provisions hereof be taken or held to be a Waiver of
any succeeding breach of such provision or as a waiver of any provision itself.
SECTION 14. INSURANCE
The Contractor shall supply insurance and licensing as follows:
Commercial General Liability:
Primary insurance shall be provided on IOSCGL Form No. CG 00 01 11 85 or 88. Total limits
shall be no less than 1 million dollars per occurrence for all coverage's and 1 million dollars
general aggregate. City and its employees and agents shall be added as additional insureds using
ISO Additional Insured Endorsement form CG 20 10 1-1 85 (in no event will City accept an
endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-
contributing basis in relation to any other insurance or self-insurance, primary or excess, available
to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or
supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply
to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall
include a "drop down" provision providing primary coverage above a maximum $25;000.00 self
insured retention for liability not covered by primary policies but covered by the umbrella policy.
Coverage shall be following form to any underlying coverage. Coverage shall be provided on a
"pay on behalf" basis, with defense costs payable in addition to .policy limits. There shall be no
cross liability exclusion. Policies shall have concurrent starting and ending dates.
Worker's-Compensation: .,
Worker's compensation shall be written on a policy form providing workers' compensation
statutory benefits as required by law. Employer's liability limits shall be no less than one million
dollars per accident or disease. Employer's liability coverage shall be scheduled .under any
umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive
any right of subrogation as respects the City, its employees or agents.
The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance
and completed Declaration Regarding Licenses Status form. Contractors and all designated
subcontractors must also have a valid City of Grand Terrace Business License.
Auto Insurance:
CONTRACTOR shall provide Auto Insurance as follows:
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business
Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be'written no
less than (one) 1 million dollars per accident. Starting and ending dates shall be concurrent. If
Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described
is acceptable.
City of Grand Terrace-2005 Grand Terrace Corporate Yard—Page A-4
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SECTION 15 LEGAL ACTION
Should the City bring any legal or equitable action for the purpose of protecting or enforcing its
rights under this Agreement, the City shall recover, in addition to all other relief, its reasonable
attorney's fees and court costs to be fixed by the Court.
SECTION 16 ATTORNEY'S FEES
The parties agree that should any dispute arise concerning the interpretation of this contract, or
regarding the performance or non-performance of this contract, that the prevailing party shall be
entitled to reasonable attorney's fees.
SECTION 17 EXTRA WORK
The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been
authorized in writing to do so by CITY.
SECTION 18 ECD CONTACT PROVISIONS
The Contractor hereby acknowledges that funding of this project is derived from Community
development Block Grant funds and that the Contractor will comply with all provisions of the
Department of Economic and Community Development Construction Provisions (Appendix A of
the Bid Specifications).
WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
ATTEST: CITY OF GRAND TERRACE
B f
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
E.G.N. CONSTRUCTION, INC.
City Attorney
Title: VICE-PRESIDENT-SECRETARY
City of Grand Terrace-2005 Grand Terrace Corporate Yard—Page A-5
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO
On JUNE 16, 2005 before me, C.S. Duffy,Notary Public
personally appeared SERA NORLUND
Personally known to me- OR- ❑5:4
Erse to be the person(s)whose name(g) is/an subscribed to the withi-n instrument and
acknowledged to zne that executed the same in his authorized ca aci
and that bye signature(e) on the instrument the persona) p tY n
behalf of which the person(g) acted, executed the instrument. ' °r the entity upon
WITNESS my hand and official seal. C.S.DUFFY
Commimion# 15,94wb
Notary Pubis -CaiiforNa
San Bernardino Cotartty
MyCorrm.EVImFeb21, j
Signa o
OPTIOAL* *�� �* *** r**� �..,«��*�***�►
Though the information below is not required by law,`kt may prove v luabte to persons r_t% g on the
document.
CAPACITY(IES) CLAIMED BY SIGNER(S):
❑ Individual(s)
Corporate Officer(s) SANDRA NORLUND
Title(s) V_pRESIDENT/SECRETARY
❑ Partner(s)
❑ Attorney-in-Fact
❑ Trustee(s)
❑ Guard ian/Conservator
❑ Other:
Signer is representing: E.G.N. Construction Inc.
DESCRIPTIO\ OF ATTACHED DOCUMENT
ATTEtiT10N NOT.4R`e': Although the informa.:cm requested is optiorrl, it coo;__;e�cr,t
fra.:duleat attachment of this certiricate to`an unact.;orized document.
Title or cr•pe of document
Number of pages. Date of document
Sizn,r(s) other than named abuve
THISCERTIFIC-1TESHOULDBEATTACHED TO THE DOCUJfEr`•TDESCRI6-D,4B0;T
BOND NO: FS9155847
EXECUTED IN DUPLICATE PREMIUM: $1,874.00
FORM OF PERFORMANCE BOND �'.}"=i��tsi•s.,'rTOADENT
sl}}t":tt�,'7 Yt7 dt3.Ss:�Tk$Ci�t7
KNOW ALL MEN BY THESE PRESENTS, that we E.G.N. CONSTRUCTION, INC.
a CORPORATION hereinafter called"Principal" and
GREAT AMER.ICAN INSURANCE COMPANY,
of OWJgGF State of California, hereinafter called the "Surety", are held and firmly bound unto
of CITY OF GRAND TERRACE
ONE HUNDRED THIRTY SEVEN THOUSAND,
hereinafter called"City" in the penal sum of FOUR HUNDRED 014E & 90/100
DOLLARS ($_ 137,401.90* ) in lawful money of these ourselves, our heirs, executors, administrators,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS; OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the City, dated the z�3_ day of '1 1ln / . 2005 a copy of which is
hereunto attached and made a part hereof for the construction of
GRAND TERRACE CORPORATE YARD GTB BID NO.'05-01
NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of'said Contract during the original term
thereof, and any extensions thereof which may be granted by/the City, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully
indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in
making good any'default, then this obligation shall be void; otherwise, to remain in full force and effect.
PROVIDED FURTHER that the said Surety, for value received hereby"stipulates and agrees that
no change; extension of time, alteration, or addition to the terms--of the Contract or to the work to be
perfo-i-med tnereunder or t e-- pees ications accompanying the same shall in any way affect its o ligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or
addition to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the City and the Contractor shall
abridge the right of any beneficiary hereunder,whose claim may be unsatisfied
Grand%e•rr(,ee Corporarton Yard
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IN WITNESS WHEREOF,this instrument is executed in TWO counterparts,each
on of which shall be deemed an original,this the16TH day of JUNE 2005.
ATTEST' E.G,.N. CONSTRUCTION, INC.
PRINCIPAL SEC
PRINCIPAL
SEAL BY:. �+ ?�
ADD PRES';'
P.O. BOX 367, 'UPLAND,. CA 92313
WITNESS AS TO PRINCIPAL
ADDRESS GREAT AMERI NSURANCE OMPANY
SURET
ATTORNE, IN FACY JANET L. MILLER
ATTEST:
SURETY SEC. ADDRESS
SEAL 750 THE CITY DRIVE, S. , #300- -:
ORANGE, CA 92868
WITNESS AS TO SURETY = `
ADDRESS
NOTE: Date of Bond must not be prior to date of Contract -
1 •
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Gro.nd Terroce Corporation Yard
rage 12
ALL PURP0tEE AbKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BEIZNARDINO ) s.s.
On JUNE 16, 2005 before me, C.S. Duffy,Notary Public
personally appeared SANDRA NORLUND
Personally known to me- OR- ❑ bz- .y
6: a to be the person(8)whose name(,e) is/an subscribed to the within instrument and
acknowledged to a thathCy executed the same'in his authorized ca aci
and that by4�signatureW on the instrument the erson p ryen
behalf of which the person(2) acted, executed the instrument. (�' or the entity upon
WITNESS my d and official seal. C.S.OUFFv
Co nmist ion#156t606
CO-
1,11MM ego Cco+°"'�°*
jai I z1,
Signature ot�(o .
********** **#*********** *OPTIONAL********************..�**********
Though the information below is not required by law, it may prove valuable to persons r:Ly g on the
doc ument.
CAPACITY(IES) CLAIMED BY SIGNER(S):
❑ Individual(s)
1� Corporate Officers) SANDRA NORLUND
Title(s) p_pRESIDENT/SECRETARY
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Guard ian/Conservator
Cl Other:
Sign;r is representing: E.G.N. Construction Inc.
DESCRIFT[O.N OF ATTACHED DOCUMENT
ATTENTION NOT.4R�*: Although o`te iriforma::on requested belov, is optior.:I, it coe::'
fmudulent attachment of this certificate to'art aria t;orized document.
Tid,- or type of document
Number of pages: Date of document
St t,r(s) ocher than named abo�-e.
Tf(!S CER TI FIC.-f TE SHOUL D EE A TT-I CHED TO THE DOC&—JfEt%-T DESCR S--n,4 BOj,E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
> SS.
County of San Bernardino
On June.16, 2005 before me, Pamela McCarthy. Notary Public ~
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Personally appeared, Janet L. Miller
Name(s)of Signer(s)
0 personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
P=A LA �01
THY within instrument and acknowledged to me that she
QCommission4310 Z executed the same in her authorized capacity,
Notary Public-California and that by her signature on the instrument the
San B®rnardino County person, or the entity upon behalf of which the person
My0=m..EKplmaApr3012= acted, executed the instrument.
WITNESS my hand and official:seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:' Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
17 Corporate Officer _
Title •
0 Partner -- O Limited O General Top of thumb here
x Attorney-in-Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
s BOND NO:• FS9155847
EXECUTED IN DUPLICATE -PREMIUM INCLUDED IN
PERFORMANCE BOND
FORM OF LABOR AND MATERIAL BOND
KNOWN ALL MEN BY THESE PRESENTS,that we E.G.N. CONSTRUCTION, INC.
hereinafter called "Principal" and of UPLAND , State of California,
hereinafter called"Surety", are held and firmly'bound unto
CITY OF GRAND TERRACE
of hereinafter GRAND TERRACE called "City", in the penal sum of
ONE HUNDRED THIRTY SEVEN THOUSAND
FOUR HUNDRED ONE & 90/100 dollars ($ 137,401.90* ) in lawfiil money,of these
United States, for the payment of-which sum will and truly to be made, we bald-ourselves, our heirs,
executors, administrators, and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal entered
into a certain Contract with the City, dated day of 2005, a copy
of which is hereto attached and made a part hereof for the construction of
GRAND TERRACE CORPORATE YARD GTB BID NO. 05-01
NOW, THEREFORE-, if the Principal shall promptly make ,payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the prosecution of.the
work provided for in such Contract, and any authorized extension of modification thereof, including all
amounts due for materials, lubricants, oil, gasoline, repairs on machines, equipment and tools, consumed
or used in connection with the construction of such-work, and-all insurance premiums of said work, and
for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that,if the original Contractor or his subcontractor fails to pay any of
the persons named- to Section 3181, or amounts due under the ,Unemployment Insurance Code with
respect to work or labor performed under the Contract, or for any amounts required to be deducted,
.withheld,and paid over to the Employment Development Department from the wages of employees of the
Con`tractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with
respect to such work and labor that the surety or sureties will pay for the- same, in an amount not
exceeding'the sum specified in ariorney's,fee, to be fixed by the court. The original Contractor may
require of his subcontractors a bond to indemnify the original Contractor for any loss sustained by the
original Contractor because of any default by his subcontractors under this section.
PROVIDED FURTHER, that the said-surety for value received hereby stipulates and agrees that
no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way effect its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or
addition to the terms of the Contract or to the work or Specifications:
PROVIDED FURTHER, that no final settlement between the City and Contractor shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
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IN WITNESS WHEREOF, this instrument is executed in six(6) counterparts, each one"of which
shall be deemed an original,this the 16THday of JUNE .2005.
ATTEST: "
(Principal) E.G.N. CONSTRUCTION, INC.
(Principal Sec.)
(SEAT.) (BY)
(Address) P.O. BOX 367, UPLAND--CA 92313 '
(Witness as to Principal)
(Address)
(Surety) GREAT AMERICAN INSURANCE COMPANY
ATTEST:
t
(Surety Sec)
(SEAL)
(3y)
,JANE L. MILLER, ATTORNEY—IN—FACT
(Address) 750 THE CITY DRIVE, S., #300
(Address) ORANGE, CA 92868
Grand Terroce Cornorarion Yard
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VJSfCT±e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT —
State of California
SS.
County of San Bernardino
On June 16, 2005 before me, Pamela McCarthy; Notary Public
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Personally appeared Janet L. Miller
Name(s)of Signer(s)
E.personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
p e1�,wtc cARTHY within instrument and acknowledged to me that she
Commisffiion13` 10 Z ` executed the same in her authorized capacity,
Floury public-caiilrornia � and-that by her signature on the instrument the
San parnardino county
WCMM.RNpjmsAPr30.2M person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could_prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title 7Top
O Partner -- O Limited O General umb here
x Attorney-in-Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
� o
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
r
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under wlvch the federal government shares; with the insurance industry,
the risk of loss from. future terrorist attacks., The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the govenunent or population of
the United States.
To be attached to and form part of Bond NoFs9155847 , effective JUNE 16, 2005
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Govenunent, Department of the Treasury, will pay a share of terrorism
losses insured under the terns of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
------------.--fio.i.-Losses-fo-r—Teri-orist Acts-Cem=tified-under that Act.-------- ---- ---_
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
1 ,
S102�U(4-U4)
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET• CINCINNATI,OHIO 45202• 513-369-5000' FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE No.0 14259
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing
under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful
attomeyin-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of
suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of
suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JAY P.FREEMAN ALL OF ALL
KELLY A.SAITMAN ONTARIO, UNLIMITED
DONALD R.DES COMBES CALIFORNIA
JANET L.MILLER
PAMELA McCARTHY
This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 71h day of, APRIL , 2005.
vsuq Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretmn, Divisional Senior lice President
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN (513-369-3811)
On this 7 h day of APRIL , 2005, before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn,
deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said
instrument is such corporate seal,that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by
like authority
KAREN L.BERRY` � ��� n NOTARY PUBLIC,STATE OF OHIO v uv>2
° �+o My Commission Expires 02-16-09
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1,1993.
RESOLVED:That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is
authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and
contracts of suretyship,or other written obligations in the nature thereof-to prescribe their respective duties and the respective limits of their authority;and to
revoke any such appointment at any time.
RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate ofeither given for the execution of any bond,undertaking,contract or suretyship,
or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I,RONALD C.HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1,1993 have not been revoked and are now in full force and effect.
Signed and sealed this 16TH day of, JUNE 2005
IW�R 1yf1/g4yC
F�
fa ,
Assistant Secretarr
S 1029T(11/01)