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HomeMy WebLinkAboutOrd 1640 - certain telecommunications facilities Ordinance No. 1640 AN ORDINANCE APPROVING AND AUTHORIZING A MUNICIPAL CONSENT AND CONSTRUCTION PERMIT FOR CERTAIN TELECOMMUNICATIONS FACILITIES; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby approves and authorizes a consent and permit for regulated facilities in City right of way, substantially in the form which is attached as Exhibit A and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open.to the public as required by Jaw at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. nra____ _~.L__..lL_:o.....~'_'.:1L!l[j~-- --- ---:Ti'JilllTI;:r':-lr:T~- PASSED AND APPROVED ON FIRST READING, on ~ /~ ~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: ~ PASSED AND APPROVED ON SECOND READING, on . dI? ~ . Councilmembers Voting Aye: CounciJmembers Voting No: Councilmembers Absent: Attest: (Seal) ~~- Reviewed: ~ City Attorney " - b59:\540att r--- I' .n. - -'-- --0------.. nT;-J "I: i t ;Illllllr 1:1TllIrTIIT- City of West University Place, Texas ("City") CONSENT AND PERMIT FOR REGULATED FACILITIES IN R.O.W. , ROW: Academy St. Described part of ROW: (see attached drawing dated Nov. 1999) User: TELEPORT COMMUNICA nONS HOUSTON, INC., a Texas corporation TERM of this consent: April 15, 2000 through April 14, 2005, unless sooner terminated or suspended. -Address: 1301 Fannin, Suite 1290, Houston, TX 77002 Contact person: Mr. Don Smithers, 713-830-7425, fax 71J:..830-7008 WORK OR FACILITY: Subject to all conditions of this Permit, and subject to Chapter 19 of the Code of Ordinances ("'Chapter 19") and 0ther applicable regulation5. the City com;ents to and permits the l Jser to constmct. install and maintain the t("lllowing tacilities. but only within the described part of ROWand only during the tenD of this consent: one fiber optic conductor carl')'ing voice and data only (no CATV, open video or similar content services) inside a one-inch innerduct (or conduit) instaUed ,'erticall). on an existing pole and a 4-inch PVC underground conduit from the base ofthe pole approximately 65-feet south to an existing SWBeU manhole, aU behind the curb, not in any paved area. See attached drawing dated Nov. 1999. SPECL4.L CO,VDlTlOXS: . User shan comply with Subchapters F and G tor Chapter 19 as proposed by Ordinance No. 1626, passed 10-11-99, as adopted and amended from time to time. . User shaD provide f"mancial security in the amount of $1 0,000 in the form of: ( X )surety bond, or ( )cash deposit, in each case subject to the approval of the City's Director of Public Works ("Director'.).. . Application and ROW fees apply: See Subchapters F and G (referred 10 above), as amended from time to time. . BackfiU must be cement-stabilized sand to within 112 inches of the top of the trench. . Top 12 inches of the trench must be backfilled with select topsoil and grass to. match existing cover. . No excavated material may be piled in City ROW: all must be placed directly into dump trucks and removed from site. . No rubber-tired equipment may be stored overnight in the City Raw. . All excavations must be covered when not in use and properly banicaded. . Abutting property owners must be notified of any work at least 48 hours in advance. . No pavement may be affected by this project; all work must be done behind the curb and in accordance with approved plans, :GEVER4L CONDIT/OiVS: Words in this pemut have the mearungs given in Chapter 19, unless the context othenvise requires. The 'user shall follow this Pennit and all applicable Cityor governmental plans, technical specifications, grades, rules, regulations and procedures, whether mentioned in this consent or not, and shall cause all of its workers, contractors and subcontractors to do so, U seT shall not aIter the ROW or an}1hing therein, except as authorized in this consent. User shall not cause any unreasonable adverse effect on others, including, for example: effects of noise, vibration, odors, fumes, visual intrusions, tlooding, congestion. ,'ehicular traftic, "spillover" parking of vehicles. User shall not cause any nuisance, safety hazard or health hazard. This consent is non-exclusive, and it does not convey any vested right or property right; it is revocable. This consent is not assignable; it benefits only the User, The City and the User are not partners orjoint venturers. The User is not an agent for the City. The User is independent, controlling all details, methods and teclmiques of its activities. LVSCR4.NCE AND INDE\fWTY CONDITIONS: User shall maintain im.'Urance in effect at al times during the term of this consent and thereafter so long as its use of the ROW continues. The initial insurance is described in the Insurance Specitications, Form 301 (where User is considered the "contractor."). Director may amend the insurance requirements. . Regardless of whether insurance is provided, USER SHALL PROMPTLY DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST: (I) ALL DAMAGES. COSTS, LOSSES AND EXPENSES FOR THE REPAIR, REPLACEMENT, OR RESTORATION OF CITY'S PROPERTY, EQUIPMENT, MATERIALS, STRUCTURES . AND F ACn.ITIES WHICH ARE DAMAGED, DESTROYED OR FOUND TO BE DEFECTIVE AS A RESULT OF THE USER'S ACTS OR OMISSIONS, (ll) ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, LIABILITIES AND JUDGMENTS FOR (A) DAMAGE TO OR LOSS OF PROPERTY AND/OR(B) DEATH, BODILY INJURY. ILLNESS. DISEASE, LOSS OF SERVlCES, OR LOSS OF INCOME OR WAGES, ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM A NEGLIGENT OR WILLFUL ACT OR OMISSION OF THE USER, OR ANY OF ITS AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, IN THE PERFORMANCE OF ACTIVITIES RELATED TO REGULATED FACILITIES OR IN CONNECTIONWI1UUSE OF THE ROW. ~~~;3~S0rt~~~~~~~i;~~~=urnvern~p,~ce, e.,,770'_ .D"e~/~ \.GREED TO BY User, By: ~_F Srn - - - - ~ " ,Date: .::,;11 ft) / () Cl Name: [ ltte: h59: 54pcnni ,--------~----.--'-. -r---------I~-"O~._~-~ ~n~~___ ___. .-. - "m-;l 'lll\!llliilll- li1fI'IIi'iTTFl~-- 1r ~F 4 (..1\1. (;ln9. .~ lOT ES) ,,'0- ':lIl i Key Mop ,~J2-E elMS Mop 152:15C .Mz ilu /".. 'w 0.0:: 00 g:o --------- \::4 A LL--- --- , ~ 'S i: J ~l -I. I- ~ I &':l u S ! . SAW CUT lie RESTORE '(SEE CON~T. NOTES) \ ~~~ ci.<<1Y' .,,& / . '.t~ v JO(~,\~ ~ ~.;{' ~ if~'. . . 66' . it.; .'. . ..... . . . .~_ 'r4"'t" :. .,.... ...:\ '...............'.......',. ':" " SMl' 1-3' c.w.o.~ ! 4. '" ., .. f'f 1-..... L';l . . 1+ =..----.---- -- .__.~-~------~~~ ----. rl. .... -r--.... --- Y.- -- --- - r -_.. . S.: ACADEMY STREET ~:~)...:.....w.,.::....;tt:T.....T · '1;'~ !\.,()'\ " FACING NORTH PROP. , 4" DUCT raJ;- ,,,.. . Uee. ~ ,"'. ~.f SECTIOM O[ PI!Qf. t .; DUCT AT POLE UTIUTIE$ NOT SHOWH ON THE EAST SIDE or'ACAOEMV. . , , PARTIAL SIDEWALL or. SWBT.MH 11381 ~ ~ i' r ~ S ill .:! 1 ! B k Ol!] ~------.;...,.~..-~-~---:------ ~ AR,\~ ------ ,.... (Itc. ~. ..' . .r..r........, =-=-. ~2 -- ~ ..."'== ,;::::-:. ~. --=-= .-- -- -'-- Form B10-301 (as amended 2-00) INSURANCE SPECIFICA liONS Owner: Project: 1.1 GENERALLY. . 1.1.1 Tnese specifications are an integral part of a contract or other agreement ("Agreement") between the above-named OWNER and the other party or parties ("CONTRACTOR"), who will provide goods, services, etc. ("WORK") in connection with the above-named PROJECT. These specifications may be attached to the Agreement or incorporated into it by reference, or both. Subcontractors of the CONTRACTOR, of any tier, are referred to as "SUBCONTRACTORS." Surety bonds of the CONTRACTOR are referred to as "BONDS." 1.1.2 The CONTRACTOR, at its own expense, shall procure and maintain in effect insurance policies and provide proof of insurance, all as specified in this form B10-301, as amended through the date of the Agreement, with only those changes, if any, authorized by - specific provisions in the other parts of the Agreement. 1.1.3 The required insurance polices must be in effect beginning at the time the CONTRACTOR signs this Agreement and continuing at aU times when the CONTRACTOR is performing any WORK or other duty under this Agreement or any of the BONDS. . 1.1.4 CONTRACTOR's insurance must cover the types of claims specified below which may arise out of or result from the WORK, including acts or omissions of itself, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. 1.1.5 Allowing any insurance required by this Agreementto expire, lapse or be terminated or reduced is an act of default under this Agreement. 1.2 COVERAGES AND LIMITS. The CONTRACTOR's insurance must include the following coverages and minimum limits: A. Commercial General Liability: Combined single limit for bodily injury and property damage liability as follows: $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal Injury $1,000,000 Each Occurrence Coverage provided shall include the following: 1. Premises/Operations, 2. Contractor's Protective for CONTRACTOR'S Liability arising out of the hire of SUBCONTRACTORS, 3. Aggregate Limits of Insurance applicable "Per Project" (Form No. CG25031185, or equivalent) 4. Broad Form Contractual Liability specifically in support of, but not limited to, the indemnity provisions of the CONTRACTDOCUMENTS, 5. Personal Injury Liability with Employment and Contractual exclusion removed, . 6 Broad Form Property Damage including Completed Operations, 7. Product/Completed Operations fora period of two years following acceptance of the WORK, 8. All other "Broad Form CGL" coverages, without limitation, 9. XCU, unless the OWNER notifies CONTRACTOR in writing that such fNSURANCE SPECIFICATIONS, Form 81D-301 Page 1 of 4 --_._,~'=--=-~~.~~~-~"-- - m:.l._ ____-----L.....__:.:...-"--'.~:Il_l;~-. -----,------~'Fjffi)~~~'lj'":l' ;----------.-- exposures do not exist. B. Business Automobile Liability: $1,000,000 per occurrence combined single limit for Bodily Injury and Property Damage Liability. This policy shall be on a standard from written to cover all owned, hired and non-owned automobiles. C. Workers' Compensation: Statutory Limits Employer's Liability $500,000 Each Accident $500,00 Each I;mployee for Disease $500,000 Policy Limit for Disease CONTRACTOR shall maintain during the term of the Work,. Workers' Compensation coverage for all of CONTRACTOR's workers at the site of the WORK, and in case any of the WORK is sublet, the CONTRACTOR shall require all SUBCONTRACTORS similarly to provide Workers' Compensation insurance for all the latters' employees, unless such employees are covered by the protection afforded by the CONTRACTOR. USL&H shall be provided where such exposure exists. No "alternative" form of coverage will be accepted under any condition. See, also, section 1.8, below. . D. Umbrella Liability: combined single limits of Bodily Injury and Property Damage Liability. This policy shall be written on an Umbrella basis abovecoveraQes as described in the policies above. The Umbrella policy shall have the same inception and expiration dates as underlying liability policies and with coverage no less broad than those in the primary policies or program, including, for example, "Per Projecf' aggregate limits and coverage for a period of two years following acceptance. of the WORK. Minimum limits per occurrence: ---If the WORK includes any construction, boring or excavation: Sfi non nnn -If the WORK does not: $1.000.000. 1.3 ADDITIONAL PROVISIONS. All such insurance policies must: be issued by insurance companies licensed and admitted to do business in the State of Texas, rated no less than A-:VIII as shown in the most current issue of A.M. Best's Key Rating Guide, and under forms of policies satisfactory to OWNER; be written on an occurrence <not "claims made") basis; be endorsed to be primary to any liability insurance policies carried by OWNER, ENGINEER or other additional insureds, with respect to CONTRACTOR's operations hereunder; include waivers of subrogation in favor of OWNER, ENGINEER and their officers, agents and employees; add the OWNER, ENGINEER and their officers, agents and employees as additional insureds with respect to CONTRACTOR's operations hereunder (this requires an endorsement in Form CG20261185 without modifications, . or equivalent, including completed operations, except on Worker's Compensation and Employer's Liability). 1.4 PROOF OF INSURANCE. Proof of the required insurance policies coverage required to be maintained by the CONTRACTOR must be furnished to OWNER and ENGINEER upon execution of this Agreement. New proofs shall be provided to OWNER and ENGINEER prior to each policy's termination date. Proof must consist of an original Certificate of Insurance issued by the insurance carrier or its legal agent. The OWNER or the ENGINEER may require the use of a standard certificate of insurance (e.g., Form C-101, Certificate of Insurance), filled out and signed as required. The OWNER orthe ENGINEER may require INSURANCE SPECIFICATIONS, Form 810-301 Page 2 of 4 L_ .. I-~ ___:-. .. _1:3 I:.___-O - ~.~ur.,1__ _ _.~__-----,-_~Jl~.:!!lJI~---- --"f1ffilL'T'lITl additional proof insurance, including certified copies of insurance policies and direct submissions from the insurance company or agent (not handled or transmitted by others). Proof of insurance must include all the following, at a minimum: OWNER and ENGINEER (including their officers, agents and employeeS) as Certificate Holders with correct mailing addresses, CONTRACTOR's name as insured party, which must match that on the Agreement, Companies affording each coverage, policy number of each coverage, policy dates of each coverage, All coverages, provisions and limits described herein, Producer of the certificate with correct address and phone listed, A statement that the OWNER and ENGINEER will be notified in writing at least 30 days prior to the cancellation of or reduction in coverage, or intent not to renew coverage (and any different language shall be removed, e.g., "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives . . . . "), Original signature of an authorized agent of each issuing insurance company. 1.5 SUBCONTRACTORS' Insurance. Insurance equivalent to that required of CONTRACTOR shall be provIded by eacn ~UBCONTRACTOR (or provided by CONTRACTOR on behalf of each SUBCONTRACTOR) to cover its operations. CONTRACTOR shall be held re$ponsible for any modification in these insurance requirements as they apply to SUBCONTRACTORS. CONTRACTOR shall maintain proofs of insurance from all SUBCONTRACTORS, enumerating, among other things, the waivers in favor of, and additional insured status of, the OWNER and ENGINEER, as required herein, and make them available to OWNER or ENGINEER upon request. 1.6 EQUIPMENT. The CONTRACTOR and SUBCONTRACTORS may obtain insurance coverage(s) in sufficient amounts and forms to cover their exposures to loss from fire; lightning, wind, vandalism, theft, or other perils of that nature. Any insurance policy covering CONTRACTORS' or SUBCONTRACTORS' equipment against loss by physical damage shall include an endorsementwaiving the insurer's right of subrogation against OWNER, ENGINEER and their officers, agents and employees. Such insurance shall be CONTRACTOR's and SUBCONTRACTORS' sole and complete means of recovery for any such loss. Should CONTRACTOR. and/or its SUBCONTRACTORS choose to self-insure this risk. it is expressly agreed that the CONTRACOR and its SUBCONTRACTORS hereby waive any claim for damage or loss to said equipment against OWNER, ENGINEER or their officers, agents or employees. 1. 7 VARIATIONS. A CONTRACTOR or SUBCONTRACTOR may request variations from this specification. Requests must be in writing and delivered to the OWNER and the ENGINEER. Requests should explain why a variation is needed and indicate what alternative or additional coverages or provisions would be provided, to compensate for the variation requested. No request is effective until approved, in writing, by the OWNER (and the ENGINEER, if the variation affects the ENGINEER). A request may be approved on condition that alternative or additional coverages be provided. 1.8 WORKER'S COMPENSATION (TAC COMPLIANCE). The CONTRACTOR and each SUBCONTRACTOR shall comply with 28 T AC ~ 110.110 and other applicable, laws, rules and regulations. The following excerpt from ~110.110 is included for reference, and any amendments to that section are included by reference, whether set out below or not. INSURANCE SPECIFICATIONS, Form 81D-301 Page 3 of 4 Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage (" certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a covl;rage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), sh01.ving statutory workers' compensation insurance co....erage for the person's or entity's employees providing services on a project, for the duration ofthe project. Duration of the project - includes the time from the beginning of the work on the project until the contractor'Siperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in **406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project. regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes. \\oithout limitation, independent contractors, subcontractors. leasing companies. motor carriers, owner-operators. employees of any such entity. or employees of any entity which furnishes persons to provide services on the project. "Services" include, ""ithout limitation, providing, hauling, or delivering equipment or materials. or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project. such as food-beverage vendors. office supply deliveries. and delivery of portable toilets. B. The contractor shall provide coverage. based on proper reporting of cia ssiti cation codes andpa~TolI amounts and tiling of any coverage agreements. which meets the statutory requirements of Texas Labor Code. Section 401.0 II (44) lor all employees of the contractor providing services on the project. tor the duration of the project. C, The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's'current certiticate of coverage ends during the duration of the project. the contractor must. prior to the end of the coverage period. file a new certificate of coverage with the governmental entity sho",ing that coverage has been e~"tended. E. The contractor shall obtain from each person providing services on a project. and provide to the governmental entin': (I) a certilicate of coverage. prior to that person beginning work on the project. so the governmental entity will have ~n tile certiticates of coverage showing coverage tor all persons providing services on the project: and (2) no later than seven days after receipt by the contractor, a new certiticate of coverage showing extension of coverage. if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and tor one year thereafter. G. The contractor shall notify the governmental entity in writing by certitied mail or personal delivery. within 10 days atler the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, torm and manner prescribed by the Texas Workers' Compensation Commission. intorming all persons providing services on the project that they are required to be covered. and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project. to: (I) provide coverage. based on proper reporting of classification codes and payroll amounts and'tiling of any coverage agreements. which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project. for the duration onhe project; (2) provide to the contractor, prior to that person beginning work on the project, a certiticate of coverage showing that coverage is being provided tor ail employees of the person providing services on the project. for the duration of the project: (3) provide the contractor. prior to the end of the coverage period, a new certificate of coverage showing eJo.'1ension of coverage. if the coverage period shown on the current certificate of coverage ends during the duration of the project: (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage. prior to the other person beginning work on the project; and (b) a new certiticate of,coverage showing extension of coverage. prior to the end of the coverage period. if the coverage period shown on the current certiticate of coverage ends during the duration of the project: (5) retain all required certiticates of coverage on tile for the duration ofthe project and tor one year thereafter, ,(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known. of any change that materially atlects the provision of coverage of any person providing services on the project: and (7) contractually require each person with whom it contracts, to perfonn as required by paragraphs (I) - (7). with the certiticates of coverage to be prO\oided to the person tor whom they are providing services. 1. By signing this contract or providing or causing to be provided a certificate of coverage. the contractor is representing to the govemmental entity that all employees of the contractor who will provide services on the project \\ill be covered by workers' compensation coverage tor the duration of the project. that the coverage will be based on proper reporting of classitication codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a seU:insured. with the commission's Division ofSeU:Insurance Regulation. Providing false or misleading intormation may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten daysatler receipt of notice of breach from the governmental entity. INSURANCE SPECIFICATIONS, Form B10-301 Page 4 of 4 ___._---'''----_..;...c.....JJILIl.lILBJI: ---- -.--------,----,-------~~=:~-:-~"]eT~ ---------,--------, ~StRlul ST.-PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota A Capital Stock Company Bond No. KG3235 LICENSE OR PERMIT BOND KNOW ALL MEN BY THESE PRESENTS, That we, Teleport Communications Group Houston, a wholly owned subsidiary of AT&T Corp. , of 1301 Fannin #1290, Houston, TX 77002 , as Principal, and St. Paul Fire and Marine Insurance Company, a Minnesota Corporation, and having its principal office in the City of St. Paul, Minnesota, as Surety, are held and fmnly bound unto City of West University Place 3800 University Blvd, Houston, TX 77005 , hereinafter called the Obligee, - in the penal sum of Ten Thousand and 00/100 Dollars ($ 10,000.00 ), lawful money of the Yp.:~t~d.States of America to be paid to said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fmnly by these presents. Signed with our hands and sealed with our seals this, the 9th day of May -,A.D. 2000 WHEREAS, a LICENSE or PERMIT has been granted by the Obligee to the above bounden Principal authorizing the Principal permit to place fiber optic cable within the city's right-of-ways i Now therefore, the Condition of this Obligation is such, that if the said Principal shall faithfully observe the provisions of the Laws, Ordinances, and Resolutions, governing the issuance of this License or Permit, then this Obligation shall be null and void, otherwise to remain in full force and effect. The Surety may cancel this bond at any time by filing with the Obligee thirty (30) days written notice of its desire to be relieved of liability. The Surety shall not be discharged from any liability already accrued under this bond, or which shall accrue hereunder before the expiration of the thirty day period. p Houston, a wholly owned Principal B, 11077 Rev. 5-84 Printed in U.S.A_. _~~~~~-~"""-_._-_...._.---.,,.-.=,.. "Ut-:l.__ ~_ _~_-----'---'-2.2JJJr:IlDr-- ------ ~ r:Jil1lr i~T~"lr~-r STATE OFNEW JERSEY COUNTY OF SOMERSET 9TH day of MAY 2000 , before me, the undersigned On this notary public, personally came: James Li to me known and who, being duly sworn by me, did depose and say that he works in Basking Ridge. New Jersev and that he is the . Assistant Secretary of the corporation described within and that he executeq the foregoing instrument. Bnct1t E. StlLfi:r ~E_ Lt;;L (Notary Public) My Commission btq1ires 04-01-2001 F~~C.~-c.CCI",-,,~.",.....~.nn--'--~-----r='~~'"~"~~-""!lF , 'III ril1liiH- "I~"'l:J'I1i' :~i ~"--;1i"r~ (~srRlUI POWER OF ATTORNEY "'\ 'seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Co.mpllny United States Fidelity and Guaranty Company Fidelity and Guaranty Insu!ance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 21637 Certificate No. 284510 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Migdalia Otero, Paula Yip-Ying, J. HoUand, Shirley Dewely, Vincent Moy, Theresa Giraldo, Ana W. Oliveras, TraceyD. Watson, Sheilah McGuckin, Terry Ann Gonzales-Selman, Kimberly A. Bruno, Robyn Walsh, Beverly Woolford, Christopher J. McCarty and Debra L. Teplitzky of the City of New York , State New York , their tnle and lawful Attomey(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 instnlments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undert~g~~ Oo~itted i~y actions or proceedings allowed by law. IN WITNESS WIIEREOF, ... """""'"~ """" """'" ~"...~~~~th day of Much , 2000 Seaboard Surety Company ~ ~O "-~ \: 41~ted States Fidelity and Guaranty Company St. Paul Fire and Marine Ins o~~ ~ ~~ "\:' Fidelity and Guaranty Insurance Company St. Paul Guardian Insuran ~,.. rt:- ~~,.. d Fidelity and Guaranty Insurance Underwriters, Inc. ..F>W......:~~ ~o~::~~- _ f1f- ~ ~ . J ~ ~ (! 'CHmRflDNNEY.__ <"'1>' ~.f)'~ ~ ~ R. \.At.~ State of Maryland City of Baltimore MICHAEL R. MCKffiBEN, Assistant Secretary On this 6th day of March ,2000 , before me, the undersigned officer, personally appeared John F. Phinney and Michael R. McKibben, 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 13th day of July, 2002. ~t~-~ REBECCA EASLEY-ONOKALA. Notary Public 86203 Rev. 11-99 Printed in U.S.A. --,--,----=-.c--~~~"'R-.- ---"'---~-r-'''-'''''''--'''''''''''-' --'fir] . _ ']:1!11[11I.I- ----,------------."j,'limr':;'''.ii'' 1-- This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 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 ail 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 obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insur;ll1ceCompllI1y,UnitedStates Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 9TH day of MAY 2000 . ~ R. \Ac.~ Michael R. McKibben, Assistant Secretary Please refer to the Power of Attorney number, ,- .-.nr.l.: .;L_---"L_.i.-l;.....:...LI,lj~ ,_ o,=---w:J- ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF NEW YORK COUNTY OF NEW YORK On this 9th day of Mav. 20 00 before me personally came Tracev D. Watson to me known who, being by me duly sworn, did depose and say that he/she resides in New York, NY; that he/she is the Attorney-in-Fact of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal that it was so affixed by order and the affiant did further depose and say that the Superintendent of Insurance ofthe State of New York, has pursuant to Section 327 of the Insurance Law of the State of New York issued to ST.P AUL FIRE AND MARINE INSURANCE COMPANY his/her certificate of qualification, evidencing the qualification of said company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked - ANA\Y.~ .1_R't~~~~~~ .:_.,,_ *~11i .,: '''J~ld~.Br~~-1S).OO \ ~~~Il~ JaI'I. 1 ., . '-, avJ/m~ Notary Public I'!'=_"'~~=="'C__. .. -niJj;L_ _:....____..J__L_-----1L_l...Jj:.:.....:J_.:;rr~---------.-~ -- -----:1:1.LITIi:-;';T:"ll--:-1 Financial Statement- December 31, 1<)<)c) Sf. Paul Fire and Marine Insurance ComJl~UV Assets Bonds Stocks Mortgage Loans Real. Estate Cash on Hand/Deposit Short Tenn Investments Other Invested Assets Receivable for Securities Agents' Balances Funds held dep. with Reins Co. Reinsurance Recoverable Guaranty Funds Receivable EDP Equipment Accrued Interest & Dividends Equity/Deposits/Pools & Assoc. Other Assets $ 7,360,908,209 4,558,379,126 8,000,000 698,641,132 22,860,772 447,292.427. 934,058,820 35,349,217 937,767,434 70,860,431 67,589,140 5,490,800 28,595,201. 135,892,908 47,919,540 138.379.316 TOTAL ASSETS $l5 497.984473 Liabilitic.ll. SUI JJlu;) & Other Ji'unds Losses Reins. Payable on Paid Losses Loss Adjustment Expenses Contingent Commissions Other Expenses Taxes, Licenses and Fees Federal & Foreign Income Taxes Unearned Premiwns Dividends Unpaid - Policyholders Fund Held - Reins. Treaties Funds Withheld Remittances and items not allocated Provision for Reinsurance Adjustment for. Foreign Exchange. Drafts Outstanding Payable to Affiliates Payable for Securities Other Liabilities Special Reserve-Guaranty Fund TOTAL LIABILITIES Guaranty Surplus Fund Capital Paid Up Surplus 1,000,000 20,000,000 4.818.178.848 Surplu.s as Regards Policyholders TOTAL LIABILITIES & SURPLUS Securities carried at $676,702,264 in the foregoing statement, are deposited as required by law. STATE OF MINNESOTA) ) 55 COUNTY OF RAMSEY ) $ 6,385,471,184 27,670,770 1;463,836,071 27,741,641 149,951,089 40,343,096 268,546,766 1,485,861,391 41,789,039 50,255,311 88,289,579 42,155,768 78,176,068 59,916,030 92,875,598 41,551,585 7,905,189 305,469,450 1 000 oon 10,658,805,625 4.839 17~ 848 $15497.984.473 John C. Treacy, Vice President and Controller of the St. Paul Fire and Marine Insurance Company, being duly sworn, deposes and says that he is the above described officer of said company; that said company is a corporation duly organized, existing and engaging in business as a surety company under and by virtue of the laws of the State of Minnesota, and has duly complied with all requirements of the laws of said state applicable to said company and is duIy qualified to act as surety under such laws; that the above is a true statement of the assets and liabilities of said company of the 31st day of December, 1999. Subscribed and sworn to before me this 28th day of Eehm::lTV 7000 ~ ,??7 7). ..0 //1 7)'/ ~t/Z4 g:\fcd\irlstat\deptcomm\paul\ , I BOIS NOTMY PUBlIC. WlNESOTA MY COMMISSION exPIRES JAN. 31, 2005 --~~--~~--~--~~~ir.---.-r.-_..-....-..-.. --.. jlI.,L_ John C. Treacy, Controller _.,l.__lLl...l1:~iL!:ll~ - ---- - :"lIIm::~::'-1i~TT