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HomeMy WebLinkAboutCC Resolution 12568 (Slurry Seal 2008)RESOLUTION NO. 12568 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR SLURRY SEAL 2008/2009, PROJECT NO. 11111, TO GRAHAM CONTRACTORS INC., IN THE AMOUNT OF $317,998.00. WHEREAS, on the 12`h day of August, 2008, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "SLURRY SEAL 2008/2009" PROJECT NO. 11111 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of $317,998.00 at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of $317,998.00 and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Graham Contractors Inc. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Graham Contractors Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2"d day of September, 2008, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, City Clerk File No. 16.06.65 N City of San Rafael ♦ California Form of Contract Agreement for Slurry Seal 2008/2009, Project No: 11111 (Formerly Slurry Seal 2007/2008, Project No. 11103) This Agreement is made and entered into this 2nd day of September 2008 by and between the City of San Rafael (hereinafter called City) and Graham Contractors Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Slurry Seal 2008/2009, Project No. 11111, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 35 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not fmished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 NO. ITEM 1. Mobilization 2. Slurrry Seal 3. Painted Traffic Stripes & Pavement Markings 4. Traffic Control S. Accessibility TOTAL BID QUANTITY UNITS UNIT PRICE TOTAL PRICE I 1 LS @ 10,000.00 = 10p000.00 150,000 SY @ 1.74 = 261000.00 1 LS @ 16,000.00 = 16,000.00 1 LS @ 28,000.00 = 28,,000.00 1 LS @ 2,998.00 = 2,998.00 $3171,998.00 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. AGREEMENT 9 2 (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: � F ., Esther C. Beirne be Boro City Clerk Mayor AAPPR CONTRACTOR: �. 9/04/08 o ert F. ein David Graham, Vice President CitvAttorme for Graham Contractors. Tnc. AGREEMENT • 3 At the meeting of the Directors of Graham Contractors, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on June 19, 2001 at which a quorum of the directors was present, the following resolution was adopted to wit: Resolved, that Gerald R. Graham, Jr., President or Paula J. Graham, Secretary or David M. Graham, /ice President are hereby authorized to sign contracts / agreements in the name of and on behalf of Graham Contractors, Inc. I, Paula J. Graham, Secretary of Graham Contractors, Inc., do hereby certify that I am the Secretary of said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on June 19, 2001 and that said resolution has not been revoked or rescinded. in witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. September 4, 2008 By: Paula Gra/am, Corporate Secretary POST 0FFICr PnA, . 6770,, c,AKI JOSE, CALIFORNIA 95159 " (4 088) 2-9.3-9516 n Fri;, Q408) THE AMERICAN INSTITUTE OF ARCHITECTS Premium: $2,385.00 Bond No. 105140621 A1A Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Graham Contractors, Inc. (Here insert full name and address or legal title of Contractor) 860 Lonus Street, San Jose, CA 95126 as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America (Here insert full name and address or legal title of Surety) Construction Services, Travelers Bond & Financial Products, One Tower Square, Hartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael (Here insert full name and address or legal title of Owner) 1400 Fifth Avenue, San Rafael, CA 94901 as Obligee, hereinafter called Owner, in the amount of Three Hundred Seventeen Thousand Nine Hundred Ninety Eight Dollars and 00/100 Dollars ($ 317,998.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated September 2, 2008 for (Here insert full name, address and description of project) Slurry Seal 2008/2009 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 ' PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND ' AIA ® 1 FEBRUARY 1970 ED. ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under Signed and sealed this 4th ATTEST: y Tony Gulb (Witness) a WITNESS: By:N W r` ................ (W -ti ►ess) Jear(ette Santana the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. day of September, 2008. Graham Contractors, Inc. (Principap (Seal) 7�� y David Graham, Vice President Travelers Casualty and Surety Company of America (Surety) (Seal) By: )�, .. (Title) Michael Sheahan Attorney -in -Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 2 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 P.,;.,a . •uw x . �.,w... n,wµ ..w ,.r W4 IN' HIS POWER OF ATTORNEY IS INVALID WITHOUT THE RF^ BORDER sPOWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219836 Certificate No. 0 0 2 4 5 9 2 0 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, 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, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Michael Sheehan, Matthew Kelly, Ian McCormick, and Geoffrey R. Green of the City of „ •m,,,1remon)State ofCalifmia. .m ..,__ ___ ,,... ......._-.. ,,, , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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 undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of ......... ..... 006 June Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI•SnUn,�Ej � �TY-4 JNaE 64 �\�'N„�NSG9 Jp�.INSUq, ,J'TY AMOS �1%O SOD y�YM'0 p 00'P -"YJ g •p a A f fpPFRR 7 4:: • 'Yn''l � G,/ � ,y(l 1982 0 � G, e 1951 �� '•SEAL.iof �` ctxtNe 896 �y''+Ecc��*moi + y� of � ted•. ,p v�:SBALs `�.r` ►e ry � �r � � ni'CFt�•P'” ��:N�\ !S . A� �tr.......'a 6t �N� • � � AIN State of Connecticut City of Hartford ss. By: W`.. � ._... Georg Thompson. enior ice President On this the 23rd day of June 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p•TlT In Witness Whereof, I hereunto set my hand and official seal. � _,•, My Commission expires the 30th da} of June. 2011. 58440-5-07 Printed in U.S.A. "VI_.. e C. Tetreault.�ry Notary Public... .............. .. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STATE OF CALIFORNIA } } ss. COUNTY OF ALAMEDA } } On September 4, 2008, before me, C. Reynolds, Notary Public, personally appeared Michael Sheahan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C. REYNOLDS @MY Commission # 1700333 Notary Public - California Alameda CountyComm. Expires Oct 22, 2010 C. ReynO1j Notary Public - California (Seal) Description of Attached Document: Graham Contractors, Inc City of San Rafael Slurry Seal 2008/2009 Performance Bond Document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 4, 2008 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TONY D. GULBRAA _ - Commission # 1522402 1 "-® Notary Public - {'.:aliforma N ' �� Z/ Santa Clara County B.omm. Expires Oct2 2008' Signature (Se My CO3 101 (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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner -- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Number of Pages: Right Thumbprint of Signer Above THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 105140621 A/A Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Graham Contractors, Inc. (Here insert full name and address or legal title of Contractor) 860 Lonus Street, San Jose, CA 95126 as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America (Here insert full name and address or legal title of Surety) Construction Services, Travelers Bond & Financial Products, One Tower Square, Hartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael (Here insert full name and address or legal title of owner) 1400 Fifth Avenue, San Rafael, CA 94901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Three Hundred Seventeen Thousand Nine Hundred Ninety Eight Dollars and 00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 317,998.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated September 2, 2008 for (Here insert full name, address and description of project) Slurry Seal 2008/2009 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA qD FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner 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 claimants work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed Signed and sealed this 4th and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in state court of competent jurisdiction in and for 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. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety or mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of September, 2008. ATTEST: Graham Contractors, Inc. _l -,1(46, �� / (PrincipaQ (Ses� (Witness) _ p �, Tony Gulb - ' .,... (Tule) David Graham, Vice President WITNESS: Travelers Casualty and Surety Company of America (Surety) (Seal �'� (,Wi ness) Jeanette Santana''' ... By: . (Title) Michael Sheahan Attorney -in -Fact AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2 WARN!'" THIS POWER OF ATTORNEY IS INVALID WITHOUT THE ) BORDER A;i POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219836 Certificate No. O O 2 4 5 9 2 O 2 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, 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, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Michael Sheehan, Matthew Kelly, Ian McCormick, and Geoffrey R. Green of the City of Fremoill, State of - t ' lUxuliA , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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 undertaking% required or permitted in any action,, or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of June 1 8 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G,.SUa� t stu?Fry �tIRNE 4 �N SNS � 1NSU ttY AMO A res �o- "uYEctF'_ S 195 ,rr � .SEAL:oI �+SBAL,+a WOo �,c�e �O� ry . �N �OFNEW� ,"^��F�N�t fS.AN� a+:.. ..:��a �y a► State of Connecticut City of Hartford ss. By_.,, „ Georg Thompson, enior ice President On this the 23rd day of June 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 G.Tlr In Witness Whereof, I hereunto set my hand and officialseal. � My Commission expires the 30th day of June. 2011. �'0U8L�G CCS' 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITH( MAa'rielC. �Tettr�eaul . of t. Notary Public BORDER STATE OF CALIFORNIA ss. COUNTY OF ALAMEDA On September 4, 2008, before me, C. Reynolds, Notary Public, personally appeared Michael Sheahan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C. REYNOLDS @MY Commission # 1700333 Notary Public - California Alameda County Comm. Expires Oct 22, 2010' (` C. Reynd(J Notary Public - California (Seal) 1 Description of Attached Document: Graham Contractors, Inc City of San Rafael Slurry Seal 2008/2009 Payment Bond Document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 4, 2008 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r � `zSignature /Ipp TONY D. GULBRAA Commission # 15,'"402 Z ;- Notary Public aVMtoania • Santa Clara County My Comm. Expires Oct 28, 200E ***************************************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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner -- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Number of Pages: Right Thumbprint of Signer Above Company Prgfile Page l of 2 NAIC Group List NAIC Group Y: 3548 Travelers Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 905x'2008 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results Company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Information ONE TOWER SQUARE, 4MN Old Company HARTFORD, CT 06183 Names 877-872-8737 Agent for Service Reference Old Company Names Effective Date Information NAIC Group List AETNA CASUALTY & SURETY COMPANY OF AMERICA 07/01/1997 Lines of Business back to top Company Performance & Comparison Data Agent For Service Financial Statements KAREN HARRIS PDF's 2730 GATEWAY OAKS DRIVE Annual Statements SUITE 100 SACRAMENTO CA 95833 Quarterly Statements back to top CA Supplements Company Complaint Reference Information Company Enforcement Action NAIC x: 31194 Composite Complaints Studies California Company ID Y: II2444-8 Additional Info Date Authorized in California: II 07/31/1981 Find A Company Representative In License Status: II UNLIMITED NORMAL Your Area Financial Rating Company Type: I Property & Casualty Organizations View Financial State of Domicile: II CONNECTICUT Disclaimer back to top NAIC Group List NAIC Group Y: 3548 Travelers Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 905x'2008 Company Prgfile DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION ,°008 California Department of Insurance Page 2 of 2 http://interactive.web. insurance.ca. gov/companyprofile/companyprofile?event-,-companyPro... 9/5/2008 Best'sRating. Center - Compam, Information for Travelers Casualty and Surety of America Page 1 of 1 /7 o)a,�-ted" T�.,r Rating Methodology ~ View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers Select One Industry Research Ratings Definitions '1 Travelers Casualty and Surety of America Eq Print this page Search Bests Ratings a member al'f ,jrv, sr" rraaiji In s rating s assigned to Financial strength Rating Pres's Releases ---- A.M.aest p: 03609 NAIC p: 31194 FEIN p: 060907370 companies that have, in our Stock Tucker New York Stock Exchange Y2 d opinion, a superior to OES7 y ------y Related Products , t ability meet their ongoing obligations Address. One Tower Square Pi 860-277-0111 to policyholders A+ Supmor Industry 8 Regional Hartford, CT 06183 Fax 860-277-7002 Web www.travelers.com F Courlfry Risk i - 'Sir--ured Finance Best's Ratings How to Get Rated Financial Strength Ratings view DefIssuer Credit Ratings view Qefinitions _ Contact an Analyst Ratng• A+ (Superior) Long -Term: aa - Financial Size Category: XIII ($1 25 Billion to $1.5 Billion) Outlook Stable Outlook Stable Action Affirmed Action: Affirmed Date June 03, 2008 :izic-i it Effective Date: June 03, 2008 ' * Denotes Under Review Best's ii Reports and News BST Visit our NewsRoom for the latest news and Dress releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridued)(formerly known as Best's Company Report) - Includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed �rt business overview and key financial data. U—ndetinstanding%st's Report Revision Date: 07103/2006 (represents the latest significant change). Ratings Historical Reports are available in AMB Credit Report - Insurance Professional (Unabddaed) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 9/4/2008 (Quality Cross Checked). • Sinale Comoanv -five years of financial data specifically on this company. • Comparison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. AMB Credit Report - Business Professional - provides three years of key financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 9/4/2008 (Quality Crass Checked). Best's Kev Ratina Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Besl's„Prop,erly/Casualt-y Center - Premium Data 8 Reports Best's Kev Ratina Guide - P/C. US 8 Canada Best's Statement File - P/C. US Best's Statement File - Global Best's Insurance Reports - P/C. US 8 Canada Best's State Line - P/C. US Best's Insurance Expense Exhibit (IEE) - P/C. US Best's Schedule F (Reinsurance) - P/C. US Best's Schedule D (Municipal Bondsl - US Best's Schedule D (Common Stocks) - US Best's Schedule D (Preferred Stocks) - US Best's Schedule P (Loss Reserves) - P/C. US Bests Schedule D - Hvbrid - P/C 8 UH. US Best's Schedule D (Corporate Bonds) - US Customer Service I Product Su000rt I Member Center I Contact Info I Careers About A.M. Best I Site Mao I Privacv Policv I Security I Terms of Use I Leqal & Licensing Copyright © 2008 A.M. Best Company, Inc All rights reserved. A.M. Best Worldwide Headquarters, Ambesl Road, O dwick, New Jersey, 08858, U.S.A. http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=3609&A1tSrc=1 &A1tN... 9/5/2008 -ACORDTM CERTIFICA1 ` OF LIABILITY INSURAI ;EDATE(MM/DD/YYYY) 9/4/2008 PRODUCER Phone: 510-578-2:00 Fax: 510-578-2101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America Insurance Brokerage of Cal ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 39300 Civic Center Dr. Ste 390 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LIC#:OE36391 PH: 510-578-2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fremont CA 94538 INSURERS AFFORDING COVERAGE NAIC # INSURED 1INSURER A:Landmark American Insurance Co 3138 Graham Contractors, Inc. INSURER B: American Guarantee & Liabilit 126247 P.O. Box CA 70 95 San Jose CA 95159 IINSURERc:Great American Fidelitv Insur 41858 IINSURERD:Zurich American Insurance Com 116535 IINSURERE:RSUI Indemnitv Comnanv 112314 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT POLICYEFFECTIVE POLICYEXPIRATION LTR INSRr3 TYPE OF INSIIRWE POLICY NUMBER DATE (MM/DD/YYI DATE (MM/DD/YYI LIMITS A GENERAL LIABILITY LHA133055 5/1/2008 5/1/2009 EACH OCCURRENCE $ 1. 000. 000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: GCI Job# 08 290; Slurry Seal 2008/2009, Project No: 11111 (Formerly Slurry Seal 2007/2008, Project No:11103) The City of San Rafael, its elective and appointed Boards, Commissions, Officers, Agents and Employees are added as additional insureds per the attached endorsement where required by written contract. CERTIFICATE HOLDER CANCELLATIONTEN DAY NOTICE FOR NON-PAYMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of San Rafael BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Dept of Public Works NAMED TO THE LEFT. PO Box 151560 San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE t ACORD 25 (2001/08) ©ACORD CORPORATION 1988 }{ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurence) $100.000 0 CLAIMS MADE XOCCUR I MED EXP (Anyone person) $5.000 PERSONAL 8 ADV INJURY $1.000. 000 ,........ jI GENERAL AGGREGATE $2.000.000 GEN'LAGGREGATE LIMIT APPLIES PER: I PRODUCTS -COMP/OPAGG I $2,000,000 j PRO - POLICYFX JEC n LOC I 1 B AUTOMOBILE LIABILITY BAP427799800 5/1/2008 5/1/2009 X ANY AUTO COMBINED SINGLE LIMIT I (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X H'REDAUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Peraccident) GARAGE LIABILITY I AUTO ONLY -EA ACCIDENT I $ ANY AUTO EAACC 1$ OTHERTHAN AUTO ONLY: AGG I $ E EXCESS/UMBRELLA LIABILITY NHA2 213 8 9 5 1 2 0 0 8 I / /Is 5/l/2009 EACH OCCURRENCE XIOCCUR CLAMS MADE -9.000,000 i AGGREGATE 1$.5.000.000 1$ DEDUCTIBLE , 1 $ RETENTION $ I $ D WO RKERS COMP ENSATION AND WC427799900 5/1/2008 5/1/2009 X WC TORY LIMIT OTR- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1$1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED9 1 E.L. DISEASE - EA EMPLOYEEI $1. 000, 000 If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT 1 $ 1 . 0 0 0 . 0 0 0 C OTHER PEL4884807 5/1/2008 5/1/2009 $1, 000,000 Ea. Condition Pollution Liability $3,000,000 Aggregate SIR $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: GCI Job# 08 290; Slurry Seal 2008/2009, Project No: 11111 (Formerly Slurry Seal 2007/2008, Project No:11103) The City of San Rafael, its elective and appointed Boards, Commissions, Officers, Agents and Employees are added as additional insureds per the attached endorsement where required by written contract. CERTIFICATE HOLDER CANCELLATIONTEN DAY NOTICE FOR NON-PAYMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of San Rafael BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Dept of Public Works NAMED TO THE LEFT. PO Box 151560 San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE t ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) . ' LANDMARK AN., ACAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM i Name of Person or Organization: An person or organization to whom or to which you are obligated i----" SCHEDULE _ 9 !Any P 9� Y by virtue of a written contract or by the issuance or existence of a written permit, to 'de insurance such as is afforded by this policy. A. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional Insured(s) designated above included in the "products -completed operations hazard". B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION N — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. The City of San Rafael, its elective and appointed Boards, Commissions, Officers, Agents and Employees RE: GCI Job# 08-290; Slurry Seal 2008/2009, Project No: 11111 (Formerly Slurry Seal 2007/2008, Project No:11103 ) This endorsement effective 05/01/2008 forms part of Policy Number LHA133055 issued to GRAHAM CONTRACTORS, INC by Landmark American Insurance Company Endorsement No.: RSG 150171207 Includes copyrighted material of insurance Services Office, Inc. 1984 (1185) with its permission List of Eligible Stfrplus Line Ir ----vers (LESLI) Page 2 of 4 the British Aviation Insurance Company Limited (UK) 11/U1/1995 Burlington Insurance Company (North Carolina) 11/17/1995 Capitol Indemnity Corporation (Wisconsin) 06/16/2004 Capitol Specialty Insurance Corporation (Wisconsin) 05/15/2008 Catlin Insurance Company UK Limited (U.K.) 04/10/2007 Catlin Specialty Insurance Company (Delaware) 06/14/2006 (Name changed from Wellington Specialty Insurance Company effective 12/17/1997 03/31/2007 07/06/1995 Century Surety Company (Ohio) 09/01/1995 Chubb Custom Insurance Company (Delaware) 08/04/1995 Clarendon America Insurance Company (New Jersey) 09/01/1995 Colony Insurance Company (Virginia) 09/01/1995 Colony National Insurance Company (Virginia) 12/17/1996 (Name changed from Preferred National Insurance Company effective 09/01/1995 04/01/2002) 10/16/2007 Columbia Casualty Company (Illinois) 07/06/1995 Commonwealth Insurance Company (Canada) 10/27/1995 Crum & Forster Specialty Insurance Company (Arizona) 04/20/1998 (Name changed from Transnational Insurance Company effective 12/26/2000. 08/11/1995 Domicile changed from Connecticut to Arizona effective 02/12/2002.) 12/22/1995 CUMIS Specialty Insurance Company, Inc. (Iowa) 05/15/2008 Darwin Select Insurance Company (Arkansas) 12/22/1995 (Name changed from ULICO Indemnity Company effective 05/02/2005) 07/05/1996 Discover Specialty Insurance Company (Illinois) 12/22/1999 Empire Indemnity Insurance Company (Oklahoma) 12/01/1995 Endurance American Specialty Insurance Company (Delaware) 02/23/1996 (Name changed from Traders & Pacific Insurance Company effective 06/08/2006) Endurance Specialty Insurance Ltd. (Bermuda) 02/29/2008 Energy Insurance Mutual Limited (Barbados) 12/17/1997 Essex Insurance Company (Delaware) 07/06/1995 Evanston Insurance Company (Illinois) 08/11/1995 Everest Indemnity Insurance Company (Delaware) 08/14/1998 Executive Risk Specialty Insurance Company (Connecticut) 09/01/1995 Fireman's Fund Insurance Company of Ohio (Ohio) 05/19/1999 First Mercury Insurance Company (Illinois) 10/16/1997 First Specialty Insurance Corporation (Missouri) 09/01/1995 Founders Insurance Company (Illinois) 10/16/2007 Gemini Insurance Company (Delaware) 02/23/1998 General Security Indemnity Company of Arizona (Arizona) 09/01/1995 (Name changed from Fulcrum Insurance Company effective 05/03/2002) General Star Indemnity Company (Connecticut) 08/11/1995 Generali Assurances IARD (France) 12/22/1995 (Name changed from Generali France Assurances, effective 8/24/2004) Genesis Indemnity Insurance Company (North Dakota) 08/04/1995 Glencoe Insurance Limited (Bermuda) 07/05/1996 Gotham Insurance Company (New York) 08/04/1995 Great American E&S Insurance Company (Delaware) 06/30/1995 (Name changed from Agricultural Excess and Surplus Insurance Company, effective 07/27/2000) Great American Fidelity Insurance Company (Delaware) 09/01/1995 (Name changed from American Dynasty Surplus Lines Insurance Company, effective 06/27/2001) Great Lakes Reinsurance (UK) PLC (UK) 12/01/1995 Gulf Underwriters Insurance Company (Connecticut) 07/07/1995 http : //www. insuranc e. c a. go v/02 5 0-insurers/03 00-insurers/02 00-bulletins/eli gib le-surp lu s -lin... 9/5/2008 List of Eligible Sdrplus Line Insurers (LESLI) (Domicile changed from Missouri to Connecticut, effective 10/01/2001) Health Care Indemnity, Inc. (Colorado) Heddington Insurance (UK) Limited (UK) Homeland Insurance Company of New York (New York) Houston Casualty Company (Texas) Hudson Specialty Insurance Company (New York) (Name changed from General Security Indemnity Company effective 12/29/03) Illinois Union Insurance Company (Illinois) Indian Harbor Insurance Company (North Dakota) Integon Specialty Insurance Company (North Carolina) International Insurance Company of Hannover Limited (UK) Interstate Fire & Casualty Company (Illinois) James River Insurance Company (Ohio) (Name changed from Fidelity Excess and Surplus Insurance Company effective 07/07/03) Landmark American Insurance Company (Oklahoma) Lantana Insurance Ltd. (Bermuda) Lexington Insurance Company (Delaware) Liberty Mutual Insurance Europe Limited (U.K.) (Name changed from Liberty Mutual Insurance Company (U.K.) Limited effective 10/21/03) Liberty Surplus Insurance Corporation (New Hampshire) Page 3 of 4 03/21/2001 11/03/1995 09/24/2003 09/01/1995 11/09/1995 12/22/1995 12/08/1995 11/13/2006 09/29/1998 10/20/1995 08/04/1995 09/30/2003 09/08/2004 07/28/1995 10/27/1995 12/18/1997 Lloyds of London Syndicates (Click here for a separate list of all Lloyds Syndicates approved for the LESLI list.) London & Edinburgh Insurance Company Limited (UK) 12/06/2000 The Marine Insurance Company Limited (UK) 11/03/1995 Markel International Insurance Company Limited (U.K.) 10/27/1995 (Name changed from Terra Nova Insurance Company Limited, effective 11/04/2002) Max Specialty Insurance Company (Delaware) 06/19/2008 Maxum Indemnity Company (Delaware) 09/29/1998 (Name changed from Caliber One Indemnity Company, effective 01/02/2003) Mitsui Sumitomo Insurance Company, Limited (Japan) 12/27/1995 (Name changed from Mitsui Marine and Fire Insurance Company, Limited, effective 10/1/2001) Mount Vernon Fire Insurance Company (Pennsylvania) 04/02/1997 Mt. Hawley Insurance Company (Illinois) 10/27/1995 (Domicile changed from Delaware to Kansas, effective 12/20/95. Domicile changed from Kansas to Illinois effective 4/21/1999) National Fire & Marine Insurance Company (Nebraska) 06/30/1995 Nautilus Insurance Company (Arizona) 08/04/1995 Navigators Specialty Insurance Company (New York) 12/08/1995 (Name changed from NIC Insurance Company effective 01/04/2007) 11/13/2002 Noetic Specialty Insurance Company (Illinois) 09/01/1995 (Name changed from Coregis Indemnity Company effective 11/07/2001) 12/22/2004 North American Capacity Insurance Company (New Hampshire) 08/11/1995 Northfield Insurance Company (Iowa) 06/30/1995 (Domicile changed from Missouri to Iowa, effective 1/01/2002) Nutmeg Insurance Company (Connecticut) 06/30/1995 The Ocean Marine Insurance Company Limited (UK) 12/22/1995 Pacific Insurance Company, Ltd. (Connecticut) 09/01/1995 Penn -Star Insurance Company (Pennsylvania) 11/13/2002 Philadelphia Insurance Company (Pennsylvania) 02/14/1997 Praetorian Specialty Insurance Company (Delaware) 12/22/2004 (Name changed from Alea North America Specialty Insurance http://www.insurance.ca..aov/0250-insurers/03 00-insurers/0200-bulletins/eligible-surplus-lin... 9/5/2008 List of Eligible Sitlplus Line Ir—rers (LESLI) Page 4 of 4 Company effective 10/02/2006) Princeton Excess and Surplus Lines Insurance Company (Delaware) 02/09/2006 ProNational Insurance Company (Michigan) 10/18/2005 QBE Insurance (Europe) Limited (U.K.) 01/06/1999 (Name changed from QBE International Insurance Limited, effective 12/22/1995 09/30/2005) 06/30/1995 QBE Specialty Insurance Company (North Dakota) 08/01/2003 Rockhill Insurance Company (Arizona) 09/01/1995 (Name changed from United Coastal Insurance Company, effective 11/22/2005) SAFECO Surplus Lines Insurance Company (Washington) 10/20/1995 Savers Property and Casualty Insurance Company (Missouri) 06/30/1995 Scottsdale Insurance Company (Ohio) 06/30/1995 Sececa Specialty Insurance Company (Arizona) 02/02/2004 Shelter Reinsurance Company (Missouri) 10/18/2007 Sirius International Insurance Corporation (Sweden) 02/08/1999 St. Paul Surplus Lines Insurance Company (Delaware) 07/06/1995 Steadfast Insurance Company (Delaware) 07/18/1995 Sunderland Marine Mutual Insurance Company Limited (UK) 10/27/1995 Swiss Re International SE (Luxembourg) 10/27/1995 (Name changed from SR International Business Insurance Company Limited (UK) effective 1/01/2008) (Domicile changed from UK to Luxembourg effective 01/01/2008) Swiss Re Specialty Insurance (U.K.) Limited 10/27/1995 (Name changed from GE Specialty Insurance (U.K.) Limited, effective 9/29/2006) T.H.E. Insurance Company (Louisiana) 09/22/1995 TM Specialty Insurance Company (Arizona) 12/20/2000 Travelers Excess and Surplus Lines Company (Connecticut) 06/06/1997 (Name changed from Aetna Excess & Surplus Lines Company, effective 7/1/97) TT Club Mutual Insurance Limited (U.K.) 02/20/2008 Tudor Insurance Company (New Hampshire) 07/18/1995 Underwriters at Lloyds (London) 12/29/1995 See also Lloyds of London listings. United National Insurance Company (Pennsylvania) 07/28/1995 United Specialty Insurance Company (Delaware) 05/07/2008 USF Insurance Company (Pennsylvania) 09/01/1995 Voyager Indemnity Insurance Company (Georgia) 12/22/1995 Westchester Surplus Lines Insurance Company (Georgia) 06/30/1995 Western Heritage Insurance Company (Arizona) 09/01/1995 Western World Insurance Company (New Hampshire) 06/30/1995 Back to Top http: //www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/eligible-surplus-lin... 9/5/2008 Best's Rating Center - Company Infonnation for Great American Fidf�"`v Insurance Co !!� 'I' I I'„� 7i ter Ratng Methodology View Ratings: Financial Strenoth Issuer Crodit Securities Advanced Search Other Web Centers _ Select One lndix try Research Ratings Definitions Great American Fidelity Insurance Co Print this page Search Best$ Ratings y'> ( (a member of Great Ame,iran P & C Insumncx ) This ratingIs assigned to Financial Strength Rating Pre.,:1 Releases � A.M.eest p: e3293 NAIC ri: 4965e FEIN p: 399038473 companies That have, In our Products Address: 580 Walnut Street, Phone: 513-369-5000 opinion, it ongoinexcelleg tabilityto tpdihcynolaers"� oblgations dB65T p Exe•IbnY Related Ir 12th Floor Fax: 513-369-3600 to Industry 8 Regional Cincinnati, OH 45202 Web. www.rtreatamedcaninsuranpce.colin I Country Risk j Structured Finance Best's Ratings How to Get Rated Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions C w.intact an Analyst I Rating: A (Excellent) Long -Term: a Affiliation Code: r (Reinsured) Outlook. Stable Financial Size Category: XIII ($1.25 Billion to $1.5 Bilgon) Action: Assigned Outlook: Stable Date: December 17, 2007 Action: Affirmed Effective Date: December 17, 2007 * Denotes Under Review Best's Ratings t�sr Reports and News Visit our NewsRoom for the latest news and,press leleases for this company and its A M Best Group • AMB Credit Renort - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed e ��• business overview and key financial data. Report Revision Date: 01/14/2008 (represents the latest significant change). r Historical Reports are available in AMB Credit Recort - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation *' style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 9/4/2008 (Quality Cross Checked) • Single Company - five years of financial data specifically on this company. • Coln Jarison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite , evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. , AMB Credit Report - Business Professional - provides three years of key financial data presented with r' colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 9/4/2008 (Quality Cross Checked). Best's K Rating G,igle Presentatiptt Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Prooertv/Casualty Center„- Premiui (:Nuala & Repp Ards Best's Key Rating Guide - P/C US & Canada Best's Statement File - PIC. US .............. Best's Statement File - Global Best's Insurance Reports - P/C.. US & Cani Best's State Line - P/C US Best's Insurance Expense Exhibit (IEE) - P/C, L..I'S Best's Schedule F (Regnsurance) - PI ,U,S Best's Schedule D (Municipal Bonds) - US Best's Schedule D (Common, Stocks), -US Best's Schedule D (Preferred Stocks) - US Best's Schedule P (Loss Reserves) - PIC, US Best's Schedule D - Hvbrid - PIC & UH. US Best"s Schedule D (Coroorate BonrIM - US Customer Service I Product Sunoort I Member Center I Contact Info I Careers About A M. Best I Site MaD I Privacv Policv I Security I Terms of Use I Legal & Licensinq Copyright O 2008 A M. Best Company, Inc. All rights reserved, A,M. Best worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 06858, U.S.A. Page 1 of 1 http://www3.ambest.comlratingsIFullProfile.asp?B1=0&AMBNum=3293&A1tSrc=1 &A1tN... 9/5/2008 Best's Rating Center - Compar- Tnformation for Landmark American Insurance Company Page 1 of 1 • I MemberBenefits Rating Center TTP^^^^^^ _ I ii) View Ratings: Financial Strenoth Issuer Credit Securities Advanced Search Other Web Centers Se ect One Rating blethodology Industry Research Ratings Definitions �. Landmark American Insurance Company �Prmtthis page Search Best's Ratings i (a member of :V a:gpiriv hisuim—cl I huldin is) This rating is assigned to financial Strength Rating 1 A.M.Best p: 12619 NAIC 11: 33136 FEIN p: 730994137 companies that have, In our Press Releases Stock Ticker New York Stock Exchange NYSE Y opinion, an exce lent ability to � Related Products ►' Address 945 East Paces FerryRoad, Phone 404-231-2366 meet oiders ng ob^igauons A tcxceiknt b polityh0lders Suite 1800 Fax 404-231-3755 industry 8 Regional Atlanta, GA 30326-1160 Web www.rsui corn Country Risk Structured Finance Best's Ratings How to Get Rated_ Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Contact an Analyst ! Rating: A (Excellent) Long -Term: a Affiliation Code: r (Reinsured) Outlook' Positive Financial Size Category: XII ($1 Billion to $1.25 Billion) Action: Affirmed _ Outlook: Stable Date: April 03, 2008 Action: Affirmed Effective Date: April 03, 2008 Insurers* Denotes Under Review Best's Ra as l�sr Reports and News Visit our NewsRoom for the latest news and Dress releases for this company and its A.M. Best Group AMB Credit Reoort - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - Includes �y Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. t Report Revision Date: 04/17/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Reoort - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available In three versions, these presentation /✓' style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 9/4/2008 (Quality Cross Checked). • Single Comoanv - five years of financial data specifically on this company. • Comoarison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. AMB, Credit Report,- Bus n'is , Prgf ssi In -provides three years of key financial data presented with J,'' colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 9/4/2008 (Quality Cross Checked). Best's Kev Ratina Guide Presentation Report - Includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty Center- Premium Data & Reports Best's Kev Ratina Guide - P/C. US & Canada Best's Statement File - P/C. US Best's Statement File - Global Best's Insurance Reoorts - P/C. US & Canada Best's State Line - PIC. US Best's Insurance Expense Exhibit (IEE) - P/C. US Best's Schedule F (Reinsurance) - P/C. US Best's Schedule D (Municipal Bonds) - US Bests Schedule P„'k,bss,Reserves, Best's Schedule D (Corporate Bonds) - US Customer Service I Product SUDDort I Member Center I Contact Info I Careers About A.M. Best I Site Mao I Prlvacv Policv I Security I Terms of Use I Leaal & L censlna Copyright© 2008 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http://www3.ambest.com/ratings/FullProfile.asi)?B1=0&AMBNum=12619&A1tSrc=1 &Alt... 9/5/2008 Company Profile ' d J J9�3i9 -Ad Jr v„lil jwA Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Company Performance & Comparison Data Financial Statements PD F's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area Financial Rating Organizations View Financial Disclaimer COMPANY PROFILE Company Information AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY 1400 AMERICAN LANE SCHAUMBURG, IL 60196 800-382-2150 Old Company Names back to top Agent For Service ERNESTO FERNANDEZ 3249 QUALITY DRIVE RANCHO CORDOVA CA 95670 back to top Reference Information NAIC #: (California Company ID #: Date Authorized in California License Status: Company Type: State of Domicile: back to top NAIC Group List NAIC Group >-: back to top Lines Of Business Effective Date 1126247 1237-7 II12/20/1939 IIUNLIMITED -NORMAL Property & Casualty NEW YORK 0212 ZURICH INS GRP The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY Page 1 of 2 http:!/interactive.web.insurance.ca.gov/conipanyproflle/companyprofile?event companyPro... 9/5/2008 Company Profile' MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top 2008 California Department of Insurance Page 2 of 2 http:i'�'I'nteractive.web. insurance.ca..gov/comt)anvnrofile/comDanvnrofile?event=comDanvPro... 9/5/2008 Best's Ratifig Center - Compar Triformation for American Guarantee and Liability Ins Co Page 1 of 1 _._..... _ __.._..._. Rating Methodology r i View Ratings: Financial Strenath Issuer Credit Securities Advanced Search Other Web Centers Select Orae Industry Research R_aingsDefin —di ons .I American Guarantee and Liability Ins Co (QPcnithuspage Search Best's Ratings; (a member wl,'i.p L,, �; irinnrY4p1 ^,:: eryi,i; ��,.n;) This rating is assigned to Rna ficial Strength Rating --`-'-"" Press Releases A.M.Best p: 02562 NAIC p: 26247 FEIN p: 766071400 companies that have, In our opinion, an excellent ability toI.C. uE5T Products Address 1400 American Lane Phone 847-605-6000 meet their ongoingabiigabons A —EX C91—an t Related ►i Schaumburg, IL 60196-1056 Fax 847-605-6011 to policyholders industry & Regional Web www.zur,chna.com Country Risk _ Best's Ratings Structured Finance How to Get Rated I Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Collect Analyst Rating: A (Excellent) Long -Term: a+ an Affiliation Code: g (Group) Outlook: Positive Financ^.al Size Category: XV ($2 Billion or greater) Action: Affirmed Outlook: Positive Date: December 11, 2007 Action Affirmed Effective Date: December 11, 2007 * Denotes Under Review Best's Ratings BEST Reports and News Visit our NewsRoom for the latest news and Dress releases for this company and its A.M. Best Group. r C.....redit ,AMB, Rep;oft - (Insurance Professional (Unabrido�ed) (formerly known as Best's Company Report) -Includes , .._ .. AIM M. Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed �`• business overview and key financial data. Report Revision Date: 07/21/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 9/4/2008 (Quality Cross Checked). • Single Company - five years of financial data specifically on this company. • comparison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Jr R cfed(t Report - Business Professional - provides three years of key financial data presented with r' colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 9/4/2008 (Quality Cross Checked). r Be f a Key, R'gq(r)g Guide Presentation, epowrt - Includes Best's Financial Strength Rating and financial data J; as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Prooertv/Casualty Center - Premium Data & Reoorts Best's Kev Rating Guide - P/C. US & Canada Best's Statement File - P/C. US Best's Statement File - Global Best's Insurance Reoorts - P/C. US & Canada Best's State Line - P/C. US Best's Insurance Exoense Exhibit (IEE) - PIC. US Best's Schedule F (Reinsurance) - P/C. US Best's Schedule D (Common Stocks) - US Best's Schedule P ;Loss Reserves) - P,/Q_V,S Best's Schedule D - Hvbrid - PIC & L/H US Best's Schedule D )Corgto(ate,Bonds) -US Customer Service I Product Suonort I Member G Inter I Contact Info I Careei s About A.M. Best I Site Mao I Privacv Policy I Security Terms of Use I Lenal & I....iceirsina Copyright O 2008 A.M. Best Company, Inc All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S A. http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2562&AltSrc=1 &A1tN... 9/5/2008 r Company Profile ' Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Company Performance & Comparison Data Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area Financial Rating Organizations View Financial Disclaimer COMPANY PROFILE Company Information ZURICH AMERICAN INSURANCE COMPANY 1400 AMERICAN LANE SCHAUMBURG, IL 60196-1056 800-382-2150 Old Company Names back to top Agent For Service ERNESTO FERNANDEZ 3249 QUALITY DRIVE RANCHO CORDOVA CA 95670 back to top Reference Information Effective Date NAIC #: II 16535 California Company ID #: II4581-5 Date Authorized in California: II 01/01/1999 License Status: II UNLIMITED -NORMAL Company Type: II Property & Casualty State of Domicile: I NEW YORK back to top NAIC Group List NAIC Group #: 0212 ZURICH INS GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE Page 1 of 2 http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event �companyPro... 9/5/2008 Company Profile LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top 2008 California Department of Insurance Page 2 of 2 http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event companyPro... 9/5/2008 Bet's Rating Center - Compar ' Information for Zurich American Insurance Company Rating Center Rating Methodology Industry Research 1 View Ratings: Financial Strenoth Issuer Credit Securities Advanced Search Ratings Definitions I Zurich American Insurance Company Search BesPs Ratings I (a member.( Zurich Finnnrial Services) P,eS Releases A.M.Best N: 02563 NAIC N: 16535 FEIN N: 364233459 Address: 1400 American Lane Phone: 847-605-6000 Related Products �I Schaumburg, IL 60196-1056 Fax: 847-605-6011 Industry 8 Regional Web: www.zudchna.com I Country Risk I Best's Ratings Structured Finance 1 How to Get Rated I Financial Strength Ratings View Definitions Rating: A (Excellent) Contact en Analyst Affiliation Code: g (Group) W7 or Secure -Rated Insurers °Find Out Mare Financial Size Category: XV ($2 Billion or greater) Outlook: Positive Action: Affirmed Effective Date: December 11, 2007 * Denotes UnderReviety Best's Rahnas Other Web Centers Select One IQ Print this page This rating is assigned to Financial Strength Bating wmpan'es that have, In our opinion, an excellent abi ity to .EST to ettheir ongoing dol gat ons A Excellent to pot cyholders. Issuer Credit Ratings View Definitions Long -Term: a+ Outlook: Positive Action: Affirmed Date: December 11, 2007 Reports and News Visit our NewsRoom for the latest news artd press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridaed), (formerly known as Best's Company Report) - includes 1rBest's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 07/21/2008 (represents the latest slgni¢icantchange). Historical Reports are available in AMB_Credit._R p.2q_-_Insurance._Professional (Unabridged) Arctrive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis Data Status: 2008 Best's Statement File - PIC, US. Contains data compiled as of 9/4/2008 (Quality Cross Checked). • Single Comoanv - five years of financial data specifically on this company. • Comoarison - side-by-side financiai analysis of this company with a peer group of up to five other companies you select. • Composite - eva"uate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. AMB Credit Reoort - Business Professional - provides three years of key financial data presented with iY" colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 9/4/2008 (Quality Cross Checked). Best's Kev Ratina Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Prooertv/Casually Center - Premium Data & Reports Best's Key Ratina Guide - PIC. US & Canada Best's Statement File, PIC a,US Best's Statement File - Global Best's Insurance Reports - PIC. US & Canada Best's ,$,tate„j_ine - PIC, 4$ Best's Insurance Expense Exhibit (IEE) - PIC. US Best's Schedule F (Reinsurance) - PIC. US Best's Schedule D (Municipal Bondsl - US Bes9's Schedule B (Qgjr-)goon $tock* -Q Best's Schedule D (Preferred Stocksl - US Best's Schedule P (Loss Reserves) - PIC. US Best's Schedule D - Hybrid - PIC & UH US Best's Schedule D (Coroorate Bonds) - US Customer Service I Product Su000rt I Member Center I Cort qLt. into I Cafe, rs About A.M. Best I Site Mao I Privacv Policv I Security I Terms_of Use I Legal & Licensino Copyright 02008 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http://www3.ambest.com/ratin-s/FullProfile.aSD?B1=0&AMBNum=2563&A]tSrc=1 &AItN Page 1 of 1 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Company Performance & Comparison Data Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area Financial Rating Organizations View Financial Disclaimer COMPANY PROFILE Company Information RSUI INDEMNITY COMPANY 945 EAST PACES FERRY RD, SUITE 1800 ATLANTA, GA 30326 Old Company Names BUFFALO REINSURANCE COMPANY UNDERWRITERS REINSURANCE COMPANY back to top Agent For Service BARRY WEISSMAN 601 S. FIGUEROA STREET SUITE 1500 LOS ANGELES CA 90404 back to top Reference Information NAIC #: California Company ID r: Date Authorized in California 1 License Status: Company Type: State of Domicile: back to top NAIC Group List NAIC Group t: 0501 back to top Effective Date 122314 2269-9 1101/01/1978 (UNLIMITED -NORMAL Property & Casualty IINEW HAMPSHIRE Alleghany Grp 12/28/1987 02/06/2004 Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT Page 1 of 2 http://interactive.web. insurance. ca.gov/companyprofile/companyprofile?event=comDanvPro... 9/5/2008 Company Profile DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top 2008 California Department of Insurance Page 2 of 2 http :/,'interactive.web. insurance.ca. gov/companyprofile/companyprofile?event=companyPro... 9/5/2008 Be$t's Rating Center - Compar r Information for RSUI Indemnity Company %a�! ✓ r iq rri�ffi I tl t ter Country Risk Structured Finance Best's Ratings How to Get Rated V.ew Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers Se'ecl One Rating Methodology Contact an Analyst y Rating: A (Excellent) Long -Term: a Industry Research Affiliation Code: g (Group) Outlook: Positive RatingsDefinitlons ' RSUI Indemnity Company (gPrinlthis page I' Search Bests Ratings (a member of Aannhanv Insuranre Holdnvis) This rating Is assigned to Financial Strength Rating A.M.Best #: 12603 NAIC #: 22314 FEIN M 160366630 companies that have, In our - — Pressss Releases Stock T cker New York Stack Exchange NYSE Y opinion, an excellent ab lity to Reports and News --------------- Related Products ►I Address 945 East Paces Ferry Road, Phone: 404-231-2366 meet their ongoing obligations to policyholders A Excellent industry 8 Regional -egional - Suite 1800 Fax: 404-231-3755 Atlanta, GA 30326-1160 Web: www.rsui coil) Country Risk Structured Finance Best's Ratings How to Get Rated Financial Strength Ratings view Definitilons Issuer Credit Ratings View Definitions Contact an Analyst y Rating: A (Excellent) Long -Term: a Affiliation Code: g (Group) Outlook: Positive Financial Size Category: XII ($1 Bullion to $1.25 Bullion) Action: Affirmed Outlook Stable Date, April 03, 2008 Action, Affirmed Effective Date: April 03, 2008 _ *Denotes Under Review Best's Ratinas BEST Reports and News . raw • Visit our NewsRoom for the latest news and Dress releases for this company and its A.M. Best Group. AMB Credit Reoort - Insurance Profess(on,a,l,(Una6ridget) (formerly known as Best's Company Report) - Includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed 'r• business overview and key financial data. Report Revision Date: 04/17/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Reoort - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 9/4/2008 (Quality Cross Checked). • Single Comoanv - five years of financial data specifically on this company. • Comoarison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. AMB Credit Reoort - Business Professional - provides three years of key financial data presented with N colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 9/4/2008 (Quality Cross Checked). Best's Kiev Ratina Guide Presentation Reoort - Includes Best's Financial Strength Rating and financ"sal data S as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Prooertv/Casualty Center - Premium Data & Reports Best's Kev Ratina Guide - PIC. US & Canada Best's Statement File - P/C. US Best's Statement File - Global Best's Insurance Reocrts - P/C. US & Canada Best's State Line - PIC US Best's nsurance Expense,Exhibit (,IEE} - P/;C,,,,,, „ Best's, Schedule„ F (Reinsurance) -PIC, US Best's Schedule D (Municloai Bonds) - US Best's Schedule D 6Cornmcn Slocksy - US, Best's Schedule D (Preferred Stocks) - US Best's SChedWe P (Loss Reserves) - PrC. US Best's Schedule D (Ccroorate Bonds) - US CllSt0(B1er Service I Product Su000rt I Ir,;leffllger,Center, I Contact Info Ce,ra;;,ers, About A.M. Best I Site Mao l Privacv PolVcv.1 Security Terms of Use I Leoa6 & Licensmo Copyright CD 2008 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwuck, New Jersey, 08858, U.S.A. Page 1 of 1 http://www3.ambest.com/ratines/FullProfile.asD?B1=0&AMBNum,-12603&A1tSrc=l &Alt... 9/5/2008 I NO. ITEM 1. Mobilization 2. Slurrry Seal 3. Painted Traffic Stripes & Pavement Markings 4. Traffic Control 5. Accessibility TOTAL BID QUANTITY UNITS UNIT PRICE TOTAL PRICE f 1 LS @ 10,000.00 = 10,000.00 150,000 SY dr7,a. 1.74 = 1 LS '!i`a 16,000.00 = 1 LS ',.! 5,999:96 = Z1 l 1 LS dux} &,4)66- .e0 = 261,000.00 16,000.00 55,@69:00 5;996: o $317,998.00 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. iv�tor)f»egfe/ aw►awnIs care rorfeet amounb :5 L41� r¢' AGREEMENT • 2 �,�, "Phe low bidder GrahAn-% Cc�tr� tors. I 9 NO. ITEM 1. Mobilization 2, Slurrry Seal 3. Painted Traffic Stripes & Pavement Markings 4. Traffic Control 5. Accessibility TOTAL BID QUANTITY UNITS UNIT PRICE 1 LS @ 10,000.00 = 150,000 SY @ 1.74 = 1 LS @ 16,000.00 = 2-5, ce, `V` IL.. 1 LS @ -5,966:60 = 1 LS 6,kW 5;696 6 I = TOTAL PRICE 1 10,000.00 261,000.00 16,000.00 �;8A9:96 $317,998.00 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in .jcases where /such payment has not already been guaranteed by surety bond. IV11CY��1►Puled Gmow1)15 arC eofreet 4ynoNnt5 Su.1Iry �Cl!' AGREEMENT 2 by rho low L4,der-, Graha„, Cvrfrpr-fnrs . NO. ITEM 1. Mobilization 2. Slurrry Seal 3. Painted Traffic Stripes & Pavement Markings 4. Traffic Control 5. Accessibility TOTAL BID QUANTITY UNITS UNIT PRICE TOTAL PRICE 1 LS @ 10,000.00 = 10,000.00 150,000 SY @ 1.74 = 261,000.00 1 LS @ 16,000.00 Z!�,CoL). (16, 1 LS @ —5-@08:40 = 1 LS @ &,44 :60 = 16,000.00 el .5,666.00 $317,998.00 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in 'cases where such payment has not already been guaranteed by surety bond. )'yl ! � Xfeu' 11 6-a 1'� a v�' owri %I'S a Lee �' I e Cov Jeec�- ct p, Dt r.» is AGREEMENT • 2 S.V b -n tj ed by A low If ddif J Grohd•, Co../y%A J49rs .