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HomeMy WebLinkAboutAGMT - Alliance StreetWorks Inc.RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 2118 th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200600017946512:30pm 03/20106 213 148 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: Citv of Seal Beach 3. The address of the owner is: City of Seal Beach, 211 8 Street, Seal Beach, CA 90740 4. The nat of th interest o r estate of the , ....er . In fee. The City of °cal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on February 1, 2006 The work was: Seal Beach Blvd. Landscape Median Project 50200. 6. The name of the contractor, if any, for such of improvement was: Alliance Streetworks, I_nc. The date of the Contract was: June 13, 2005. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Seal Beach Blvd. Landscape Median Project 50200 Dater Signature of owner or co ate officer of owner named in paragraph 2 or his agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2 r�' , 20 � , at Seal Beach, California. (Date of Signature) Director of Public Works Exhibit A PUBLIC WORKS CONTRACT For the following project named Seal Beach Blvd Landscape Median from Westminster Ave to I -405, Project No. 50200, in the City of Seal Beach. THIS AGREEMENT, made and entered into this day of 200 by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and ALLIANCE STREETWORKS INC. hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 3 IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF S :. ACH, CALIFORNIA Party of t• - I ' art BY % I _ City Ma <_• er ATTF,ST: - / ity lerk BY t( CONTRACTOR - Party of the Second Part RONALD P. GARDNER PRFSTDFNT Title 3873 E. EAGLE DRIVE ANAHEIM, CA 92807 Address 4 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT _ _ .) 9 (i State of California 5 , 1 ss '0I County of Orange 0 � On 06/21 /2005 before me GORDON D lCLI�VE, JR , N OTARY PUBLIC 44 Date Name and Title of Officer (e g Jane Doe Notary Public) t� personally appeared Ronald P Gardner president ;i Name(s) of Signer(s) ! I X personally known to me 0) A LI proved to me on the basis of satisfactory 0 1 evidence 0 to be the person(s) whose name(s) Is /are 0 subscribed to the within instrument and 0) ''01 i acknowledged to me that he /she /they executed r the same in his /her /their authorized 1 fC capacity(ies) and that by his /her /their PI is " 4 - - o o o op p o signature(s) on the instrument the person(s) or >1 tt GORDON DALE KUNE JR th e entit u on behalf of which the persons) 1 04 COMM #1360290 f y p 1 y > . I NOTARY PUBLIC CALIFORNIA w acted executed the instrument I i t‹ 1. ,., r w / LOS ANGELES COUNTY to " My f nmm Exp Jt ne 9 )006 1 1 - 'd d - ": WITNESS my hand and official seal Place Notary Seal Above Signatu e of Notary Public OPTIONAL g Though the infprmation 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 4 3 Description of Attached Document 3 Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above 0 • I I Capacity(ies) Claimed by Signer 1 Signer s Name RIGHT THUMBPRINT OF SIGNER • 1 ❑ Individual Top of thumb here El Corporate Officer — Title(s) 1 ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact i ❑ Trustee 1 ❑ Guardian or Conservator it, iC ❑ Other i tC i It Signer Is Representing - 1 1 t' I 0 1997 National Notary Association 9350 De Soto Ave P O Box 2402 Chatsworth CA 91313 2402 Prod No 5907 Reo der Call Toll F ee 1 800 876 6827 • • This bond was issued in (3) three identical counterpart *„ it Bond No 213 68 07 Bond Premium $7,730 00 4,4 04 :4 / PERFORMANCE BOND ? 04 ��� KNOW ALL PERSONS BY THESE PRESENTS that 104 WHEREAS the City of Seal Beach has awarded Alliance Streetworks, Inc 3873 E Eagle Drive, Anaheim, CA 92807 (Name and address of Contractor) ( Principal ) a contract (the Contract ) for the work descnbed as follows Seal Beach Blvd Landscape Median from Westminster Ave to I -405 — City Project No 50200 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW, THEREFORE we the undersigned Principal, and Insurance Company of the West 17852 E 17th Street, Suite 111, Tustin, CA 92780 (Name and address of Surety) ( Surety ) a duly adrrutted surety insurer under the laws of the State of California as Surety are held and firmly bound unto the Public Agency in the penal sum of Seven Hundred Seventy Eight Thousand Seven Hundred Ninety Three and 00 /100 Dollars ($ 778,793 00 - -- ), this amount being not less than the total contract price m lawful money of the United States of Amenca for the payment of' which sum well and truly to be made, we bind ourselves, our heirs executors administrators successors, and assigns jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the hereby bounded Principal his, her or its heirs executors administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided on the Principal's part to be kept and peifowled all within the time and in the manner therein specified, and in all respects according to their true intent and meaning and shall uidemnrfy and hold harmless the Public Agency its officers agents and others as therein provided then this obligation shall become null and void otherwise it shall be and remain in full force and effect In case suit is brought upon this bond Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court FURTHER, the Surety, for value received hereby stipulates and agrees that no change extension of time alteration addition or modification to the terms of the Contract or of the work to be performed thereunder or the specifications for the same shall in any way affect its obligations under this bond and it does hereby waive notice of any such change extension of time, alteration addition or modification to the terms of the Contract or to the work or to the specifications thereunder Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849 The City is the principal beneficiary of this bond and has all rights of a party hereto IN WITNESS WHEREOF two (2) identical counterparts of this instrument each of which shall for all purposes be deemed an original hereof have been duly executed by Pnncipal and 5 • Surety on the date set forth below the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body Dated June 21st , 2005 Principal "Surety' Alliance Streetworks, Inc Insurance Company of the West 3873 E ale Drive : = th Street, Suite h11 Anaheim,, C ' :2807 _ 4 Tustin, CA 9 80 Y Y B Its ' • aldt Gardne4• asp: t s Attorney —in— - . ct Daniel H abay By A \ Its Rick -WI Sec / Tree. urer Its (Seal) (Seal) Note This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact rnaist be attached 6 • II CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT _ - _ C r \ ln &,:w.c.1,441j\ \...ta n�.'i.1� \ ,ee^ Z�\' tatatcc 'fiat gAge i ce t�anw4 \n ^, � , s,o ? � \ CnZ. M A. ^ .: r .y qJ lC� tC State of California ss '91 County of Orange 1 k 06/21 / 2 0 0 5 JR ,NOTARY PUBLIC iI On be me GORDON 0 KLINE, 1 +i, Date Name and Title of Officer (e g Jane Doe Notary Public) personally appeared Ronald P Gardner President F Rick Riach Sec / Treasurer 0 I Name(s) of Signer(s) '1 Xpersonally known to me 9 , t 1:1 proved to me on the basis of satisfactory 9 tr evidence 9) 9 to be the person(s) whose name(s) is /are 9 subscribed to the within Instrument and 91 r '91 acknowledged to me that he /she /they executed r i the same in his /her /their authorized rl it capacity(les) and that by his /her /their ' Iti _ GORDON DALE KLINE JR. signature(s) on the instrument the person(s) or It I COMM #13602 > the entit u behalf of which the person(s) 1 ; ;� �is � NOTARY PUBLIC CALIFORNIA 71 f I I LOS ANGELES COUNTY KID acted executed the instrument '` i "fy C omrn e..„, June 9 2(}E}f+ WITNESS my hand and official seal . r , 1) Place Notary Seal Above Signatu e of I ot.ry Public r I F I OPTIONAL (i Though the infprmation below is not required by law it may prove valuable to persons relying on the document 3 ), and could prevent fraudulent removal and reattachment of this form to another document , . Description of Attached Document Title or Type of Document F� Number of Pages S Document Date - Signer(s) Other Than Named Above 1 le Capacity(ies) Claimed by Signer I ` Signer s Name RIGHTTHUMSPRINT I OF SIGNER ❑ Individual I Top of thumb here i ❑ Corporate Officer — Title(s) i t ❑ Partner — ❑ Limited ❑ General I ❑ Attorney in Fact I t ❑ Trustee I 1 ❑ Guardian or Conservator It 1 ❑ Other 01 , i tC i itc Signer Is Representing 91 i I i' xv _ _ e" _ -?- , vc --Qc c,c— =F, . v , ,— `e-,-a-c,— e s -,,„ -e c,-t ec,-c<,-.c<,-c z=c sc=A .a O 1997 National Notary Association 9350 De Soto Ave P 0 Box 2402 Chatsworth CA 91313 2402 P od No 5907 Reo de Call Toll F ee 1 800 876 6827 • 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 06/21/05 before me, Arturo Ayala Notary Public Date Name Title of Officer — E G Jane Doe NOTARY PUBLIC personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) 1 X personally known to me - OR - I I 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 o ,_t* P 1 �'�11FE ' COMM ## 1336239 eir si h /her /th on the instrument g nature( s ) N07AY PUBLIC-CALIFORNIA the person(s), or the entity upon behalf of ORANG COUNTY which the acted, executed the p erson ( s ) -it r ,? -• MY COMM EXP DEC 23 2005 instrument WITNESS my ha and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED Two ❑ GENERAL NUMBER OF PAGES © ATTORNEY -IN -FACT ❑ TRUSTEE(S) 06/21/05 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) This bonfbas issued in (3) three identice counterparts Bond No 213 68 07 Bond Premium See Performance Bond PAYMENT BOND THE FINAL PREMIUM IS (LABOR AND MATERIALS) PREDICA1 ED ON rE KNOW 4LL PERSONS BY THESE PRESENTS that FINAL CO NT 0T PRICE WHEREAS the City of Seal Beach has awarded to Alliance Streetworks, Inc 3873 E Eagle Drive, Anaheim, CA 92807 (Name and address of Contractor) ( Principal ) a contract (the Contract ) for the work descnbed as follows Seal Beach Blvd Landscape Median from Westminster Ave to 1-405 — City Project No 50200 WHEREAS, Pnncipal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers mechanics matenalmen, and other persons as provided by law NOW, THEREFORE, we, the undersigned Principal, and Insurance Company of the West 17852 E 17th Street, Suite 111, Tustin, CA 92780 (Name and address of Surety) ( Sin ety ) a duly admitted surety insurer under the laws of the State of California as Sur ety, are held and firmly bound unto the Public Agency in the penal sum of Seven Hundred Seventy Eight Thousand Seven Hundred Ninety Three and 00 /100 Dollars ($ 778, 793 00 - -- this amount being not less than fifty percent (50 %) of the total contract price in lawful money of the United States of Amenca for the payment of which sum well and truly to be made we bind ourselves our heirs executors adrmnistrators successors and assigns jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the hereby bounded Principal his her or its heirs executors adrrunistrators successors or assigns of subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract or for any amounts required to be deducted withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to work or labor performed under the Contract the Surety will pay for the same m an amount not exceeding the penal sum specified in this bond, otherwise, this obligation shall become null and void This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond In case suit is brought upon this bond Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court FURTHER, the Surety for value received hereby stipulates and agrees that no change extension of time alteiation addition or modification to the terms of the Contract or of the work to be performed thereunder 01 the specifications for the same shall in any way affect its obligations under this bond and it does hereby waive notice of any such change extension of time alteiation addition or modification to the terms of the 7 Contract or to the work or to the specifications thereunder Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849 IN WITNESS WHEREOF two (2) identical counterparts of this instrument each of which shall for all purposes be deemed an onginal hereof, have been duly executed by Principal and Surety, on the date set forth below the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body Dated June 21st, 2005 Principal ` Surety Alliance Streetworks, Inc Insurance Company of the West 3873 E Eagle Drive 17852 E 17th Street, Suite 111 Anaheim,, 92807 Tustin CA 92780 By 1 �� /JO / B / ./,. I ts �r = •,/ • , 1Q Its Attorney —in —Fa , - By � B Y Daniel Huck. :ay Its Ili - t: �. r • asure Its (Seal) (Seal) Note This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached 8 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT - ii. _ ty 1 (( State of California ss '$) County of Orange �c On 06/21/2005 before me GORDON D KL1NE JR , NOTARY PUBLIC 'I Date Name and Title of Officer (e g Jane Doe Notary Public) 1 Ronald P Gardner President ( Rick Rrach I personally appeared Sec /Treasurer Name(s) of Signer(s) _ s) ? I ,'personally known to me (0) r ❑ proved to me on the basis of satisfactory il evidence o) o to be the person(s) whose name(s) is /are ' subscribed to the within instrument and acknowledged to me that he /she /they executed r the same in his /her /their authorized r•I i% capacity(ies) and that by his /her /their PI I' u , ^ �1-:%,_,...._,..,1�.,.,_,-?_ .' signature(s) on the instrument the person(s) or It r GORDON DALE KL1NE JR. L I t r COMM #1360290 the entity upon behalf of which the person(s) ' c , rk'= ) NOTARY PUBLIC CALIFORNIA a executed the instrument 1 , ; LOS ANGELtS COUNTY VI 1 ,_ V �/ My Corm Exp June 9 )(10 l lv°'" WITNESS my hand and official seal , I 1k , � ` �i 1 V ,_ __,-''' / , ''' 1 Place Notary Seal Above Signatu e of Notary Public I OPTIONAL p' Though the infprmation below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document '� Description of Attached Document Title or Type of Document ‘ Document Date Number of Pages S Signer(s) Other Than Named Above 0 1 It Capacity(ies) Claimed by Signer ' Signer s Name RIGHT THUMBPRINT l OF SIGNER • ❑ Individual Top of thumb here ' ❑ Corporate Officer — Title(s) 1 ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 1 El Guardian or Conservator l` 1 ❑ Other , i IC , lk Signer Is Representing i I i' I 0 1997 National Notary Association 9350 De Soto Ave P O Box 2402 Chatsworth CA 91313 2402 P od No 5907 Reo der Call Toll F ee 1 800 876 6827 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 06/21/05 before me, Arturo Ayala, Notary Public Date Name Title of Officer — E G Jane Doe NOTARY PUBLIC personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) 1 X 1 personally known to me - OR - I 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 AR AYALA authorized capacity(ies), and that by #1336239 his /her /their signature(s) on the instrument �YC OMM U1 : ; `.y`� " NOTARY PUBLIC - CALIFORNIA the person(s), or the entity upon behalf of ORANGE COUNTY f-► `�`' • hich the person(s) acted, executed the jJ,``y5 T� MY COMM CpMM EXP DEC 23 2005 instrument WITNESS my ha ad and official seal SIGNATURE 0 NOTARY OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Payment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED Two ❑ GENERAL NUMBER OF PAGES © ATTORNEY -IN -FACT ❑ TRUSTEE(S) 06/21/05 Cl GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) 0 • No 0000654 ICW GROUP Power of Attorney Bond No 213 68 07 Insurance Company of the West The Explorer insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West a Corporation duly organized under the laws of the State of California The Explorei Insurance Company a Corporation duly organized under the law of the State of Arizona and Independence Casualty and Surety Company a Corporation duly organized under the laws of the State of Texas (collectively ieferred to as the Companies ) do hereby appoint RALPH EIDEM JR DANIEL HUCKABAY ARTURO AYALA, PATRICIA KNAPP their true and lawful Attorney(s) in Fact with authority to date execute sign seal and deliver on behalf of the Companies fidelity and surety bonds undertakings and other similar contracts of suretyship and any related documents In witness whereof the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January 2001 Y 4 , obeivir %NSW? mom INSURANCE COMPANY OF THE WEST � ? o THE EXPLORER INSURANCE COMPANY `a GOflPORAT�c� � C� U �' „�" 2 H g 9 SEAL c> ' o N y I INDEPENDENCE CASUALTY AND SURETY Ktotcyl �to 9,IpNA `'� a 4 COMPANY a t. II 41,' . : geff,7,---"`t k„ # Pi 4 IN John H Craig Assistant Secretary John L Hannum Executive Vice President State of California } ss County of San Diego On December 5 2003 before me Mary Cobb Notary Public personally appeared John L Hannum and John H Craig personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the entity upon behalf of which the persons acted executed the instrument Witness my hand and official seal MARY COBB COMM #132134f � d'de.36 U r II OTAR f PUBLIC CALWWORtdIA N �� 0 SAN DIEGO COUNTY � 'L.) My Commission Expires p _ . SE , PTEMBER 20 2005 Mary Cobb Notary Public RESOLUTIONS This Power of Attorney is granted and is signed sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directois of each of the Companies RESOLVED That the President an Executive or Senior Vice President of the Company togethei with the Secretary or any Assistant Secretary are hereby authorized to execute Poweis of Attorney appointing the per named as Attorney(s) in Fact to date execute sign seal and deliver on behalf of the Company fidelity and surety bonds undertakings and other similar contracts of suretyship and any related documents RESOLVED FURTHER That the signatures of the officers making the appointment and the si of any officer certifying the validity and current status of the appointment may be facsimile representations of those signatures and the signature and seal of any notary and the seal of the Company may be facsimile representations of those signatures and seals and such facsimile representations shall have the same force and effect as if manually affixed The facsimile representations i eferred to herein may be affixed by stamping printing typing or photocopying CERT IFICATE I the undersigned Assistant Secretary of Insurance Company of the West The Explorei Insurance Company and Independence Casualty and Surety Cvmnany do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked and that the above resolut ens sere duty anepted ny the respective Boards ofDiiectors of the Companies and are now in frill force i IN WITNESS WHEREOF l have set my hand this 21 s t day of June 2005 i t . " iii - - / ' ' 4 d ....---..'" / John H Craig Assistant Secretary / To verify the authenticity of this Power of Attorney you may call 1 800 877 1111 and ask for the Surety Division Please refer to the Power of Atto - ney Number the above named individual(s) and details of the bond to which the power is attached For information or filing claims please contact Surety Claims ICW Group 11455 El Canino Real San Diego CA 92130 2045 or call (858) 350 2400 1 I C.W. GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL SAN DIEGO CA 92130 -2045 P 0 Box 85563, San Diego, CA 92186 -5563 PHONE (858) 350 -2400 FAX (858) 350 -2707 www icwgroup com Bond No 213 68 07 Date 6/21/05 Terrorism Risk Rider This rider addresses the requirements of the Terrorsim Risk Insurance Act of 2002 In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond In no way will the payment for loss on this bond exceed the limit of liability under this bond This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism undor the Act is One Dollar ($1 00) Important Notice The cost of terrorism coverage is subject to change on any bond that premium is charged annually