Loading...
HomeMy WebLinkAbout11/3/1999 - STAFF REPORTS (6) i DATE: November 3, 1999 TO: City Council FROM: City Engineer BOYS &GIRLS CLUB GYMNASIUM REMODEL RECOMMENDATION. That the City Council award a HUD Community Development Block Grant contract to Mercury Construction and Restoration Services, in the amount of$95,745.86, for the Boys and Girls Club Gymnasium Remodel, Schedules A, B and C, City Project No. 99-08. BACKGROUND: The 1997/98 and 1998/99 budgets included Community Development Block Grant (HUD) funding for the remodel of the Boys and Girls Club gymnasium. The work includes the removing and replacing various items such as doors, fiames, glass tile, lights, score board, fences and gates, along with installation of safety mats, cover plates and appurtenant work. Schedule B includes installation of 2 new folding bleachers and Schedule C includes removal and replacement of backboards and supports. The 1999/00 budget included funds for pool improvements but the Club has stated its desire to dedicate those funds to the additional gymnasium improvements. The block grant program is administered by the Economic Development Department, and the work is being done at the request of the Boys and Girls Club. The plans and specifications were prepared by Christopher Mills. The project was advertised for bids on August 20 and 27, 1999. At 3:00 p.m. on September 7, 1999, bids were to be opened, however Procurement Division received no bids. The project was re-advertised on September 25 and October 2, 1999, and at 2:00 p.m. on October 19, 1999, the Procurement Division received bids from the following contractors: &L A ;ice &Lc— 1019 F 1.Mercury Construction &Restoration Services, Apple Valley $ 84,178.91$2,086.43 $9,480.52 $ 95,745.86 2. All(Sties Fence& Constr. Co,Inc. Ontario $101,238.00 $3,000.00 $8,023.00 $112,261.00 3.Design Construction, Palm Desert $146,700.00 $1,405.00 $5,940.00 $154,045.00 Mercury Construction &Restoration Services, the low bidder, is from Apple Valley, CA . The firm is individually owned by Gary Witthans. '76104100 Boys & Girls Club Gym Remodel, C.P. #99-08 November 3, 1999 Page 2 of 2 Sufficient funds are available in CDBG account nos. 1374798-63506, 137-4799- 63523 (1997/98 and 98/99 Boys& Girls Club Gym) and 1374800-63531 (1999/00 Boys &Girls Club Improvements). 94)1 1 DAVID J. BA City Engine APPROVED: City er ATTACHIAENTS: 1. Minute Order tt S:S�ri CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing BOYS AND GIRLS CLUB - GYMNASIUM REMODEL City Project No. 99-08 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the BOYS AND GIRLS CLUB - GYMNASIUM REMODEL PROJECT will be received at the office of the Procurement Manager of the City of Palm Springs, California, until 3 P.M. on September 7, 1999, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the remodel of the Boys and Girls Club Gymnasium including removal and replacement of: doors, frames, vents, screens, glass, floor tile, acoustic tile, light fixtures, score board, fences and gates, ropes and attachments, heating units; and installation of safety mats, sheet metal closures, tackwall, cover plates, and al} appurtenant work. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the basis of Bid Schedule A and reject all other bids, as it may best serve the interest of the City. The Bidder shall bid on all' Bid Schedules included in the Bid Documents. (b)As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITr: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price of Bid Schedule A, Additive Bid Schedule B, and Additive Bid Schedule C inclusive, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 GONTRACTOLZ'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class B Contractor license at the time of award. N-7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-8 FEDERAL WAGE RATES: The general prevailing rate of wages by the Secretary of Labor are included in the Contract. If there is any difference between the State or Federal wages rates, the Contractor must pay the higher of the 2 rates. N-9 RETAINAGB FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities BOYS&GIRLS CLUB GYMNASIUM REMODEL NOTICE INVITING BIDS CITY PROJECT NO.99-06 8/17/99 PAGE 1 MINUTE ORDER NO. 6521 AWARDING A HUD COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT TO MERCURY CONSTRUCTION AND RESTORATION SERVICES, IN THE AMOUNT OF $95,745.96, FOR THE BOYS AND GIRLS CLUB GYMNASIUM REMODEL, SCHEDULES A, B, AND C, CITY PROJECT NO. 99-08. I HEREBY CERTIFY that this Minute Order, awarding a HUD Community Development Block Grant contract to Mercury Construction and Restoration Services, in the amount of$95,745.86, for the Boys and Girls Club Gymnasium Remodel, Schedules A, B, and C, City Project No. 99-08, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1999. PATRICIA A.SANDERS City Clerk MINUTE ORDER NO. r� 1 AWARDING A HUD COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT TO MERCURY CON- STRUCTION, AND RESTORATION SERVICES, IN THE AMOUNT OF $95,745.86, FOR THE BOYS AND GIRLS CLUB GYMNASIUM REMODEL, SCHEDULES A, B, AND C, CITY PROTECT NO. 99-08 I HEREBY CERTIFY that this Minute Order awarding a HUD Community Development Block Grant contract to Mercury Construction and Restoration Services, in the amount of$95,745.86 for the Boys and Girls Club Gymnasium Remodel, Schedules A, B and C, Project No. 99-08, was approved by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November 1999. PATRICIA A. SANDERS City Clerk A0 74ovib Mercury Construction&Restoration Boys&Girls Club Gym Remodel AGREEMENT#4163 M06521, 11-3-99 related AGREEMENT THIS AGREEMENT made this i SST day of QCVFyV,-sa(� in the year 19-D—, by and between the City of Palm Springs,a Charter City,organized and existing in the County of Riverside,under and by virtue of the laws of the State of California,hereinafter designated as the City,and Mercury Construction & Restoration Services hereinafter designated as the CONTRACTOR. The City and the Contractor,in consider tuon of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 -THE WORK The Contractor shag complete the Work as specified or indicated under the Bid Schedule(s) of the Crty's Contract Documents entitled: BOYS AND GIRLS CLUB-GYMNASIUM REMODEL CITY PROJECT NO.99-08 The Work is generally described as follows: The remodel of the Boys and GI&Club Gynneskxn includag removal and replacement of: doors, frames. vents. semen&, glass. floor go, acoustic ale. light fixtures, scare board.farm and gates.ropes and attachments,heading[nits:and Installation of safety mats.sheet metal closures,tockwall,cover plates.and all apputtemar t work. ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the Cary and the Work shell be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the tans specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City B the Work is not completed on time. Accordingly, instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay Ibin not as a penalty)the Contractor shall pay the City the sum of $41 S for each calendar day that expires after the time specified in Article 2,harem ARTICLE 3-CONTRACT PRICE The City shall pay&.a Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Priests)named in the Contractor's Bid and Bid Schedulets). ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations,the accepted Bid and Bid Schedule, the Schedule of Values, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement,Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract,Supplementary General Conditions of the Contract, Federal Labor Standards Provisions, Federal Prevailing Wages Rates, Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings. Addenda numbers -I- to -1- , inclusive, and all Change Orders,and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ORIG NAL BID AND/OR AGREEVI IENT BOYS&GIRLS CLUB GYMNASIUM REMODEL AGREEMENT FORM CITY PROJECT NO. 99-08 AGREEMENT&BONDS-PAGE 1 8117199 O� PALM Sp v'yN City of Palm Springs • . Office of the City Clerk 3200 Tahgwa c.nyon Way• Palm Spnngs, Cg4l FOIL TEL(760)323-8204•Too (760)864"27 92262 December 6, 1999 Mercury Construction&Restoration Services 19622 Shoshone Road Apple Valley, CA 92307 BOYS & GIRLS CLUB GYMNASIUM REMODEL, CP99 . A4163 Enclosed is your Bid Bond issued from American Indemnity Company, m the sum of"ten percent of the total amount of the bid." Your copy of the executed contract is also included. Sincerely, PATRICIA A. SANDERS City Clerk Enclosure cc: Engineering Tom Cartwright Finance Procurement Post Office Box 2743 • Palm Springs, California 92263-2743 • 4 ' PROOF OF PUBLICATION This N space for County Clerk's Filing Stamp (2015.5.C.C.P) nPAIrl STATE OF CALIFORNIA Comity of Riverside i . a I am a cidm of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen years,and not a party to or Interested In the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs County of Riverside,and which newspaper bas been N0.3148 adjudged a newspaper of general circulation by the p I Y OF Superior Court of the County of Riverside,State of MI Nc8521DER California under the date of March 24, 1988.Case AWARDING HUD Number 191236;that the nods,of which Me COMMUNITY DEVEL- annexed Is a printed copy(set in type not smaller OPMENT BLOCK than Bon parfel,has been published IS each CONTRACT eb regular TO MERCURY DON- and entire Issue of said newspaper and not In any STRUC IONATI AND supplement thereof an the fallowing dates to wit: VICES IN THE AMOUNT HE Novtnober9th °C 7 FOR THE GIRLS CLUB GYMNASIUM REMODEL, SCHED- ULES A •B AND C, CCITY.P�tO.(Is NO. I HEREBY CERTIFY AD In the year 1999 that this 8M8 NUS OrdeeComr awardingi1 certify(or declare)under penalty of perjury that the M=arcuG ry ConstructioneOAPrw_ t foregoing is true and correct. and Restoration Servio- Ste in the amount of Boys Dated at Palm Springs,California thk day 'Olds bu'Gyrmma November slum Remodel Sched- of Q19�99/�/1 I ales h,B and C. Pro- Q pc[No. nngp wal a proved b fhe C�yy Council ofythe Cit o7 No a mesh, Cal amewnD thme- SI Signature don the 3rd day 999. gn �No�ve tCdv SANDERS PUB. Nov.9. , Clork ' /1 STATE OF CALIFORNIA—DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P. O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 CITY OF PALM SPRINGS OFFICE OF CITY CLERK POST OFFICE Box 2743 PALM SPRINGS, CA 92263— 2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SEC. 1777.5 HAS BEEN AWARDED TO: or-s License Number 2. Name of General Contractor 3. Contract Mercury Construction 606321 4. Mall Address(street Number or P.O.Box) S. city 1�622 Shoshonee Road A le Valle 8. 21p Code ). Telephone Numbs 92307 (760 1 946-0366 a. AddrM or Location of public works site(Include city and/or county) Boys & Girls Club 9. contract or Project Number 10. Dollar Amount of Contract Award CP99-08, A4163 $ 9 11. starting Date(Estimated or Actual) 22. Completion Date(Estimated or Actual) 13. Number of Working Days MONTH DAY YLAR lute HUMRRRSI MONTH DAY Y 111 (USK NUMRRRS) 12 / 6 / 99 / 1 / 19 14. Type of construction(Hlenway.School,hospital,etc.) IS. G nasium rem0 lial ® NEW CONSTRUCTION ® ALTERATIONS 16. Classinatlan or Type of Workman(carpenter,plumber,atc.) Replacement of doors, frames, vents, screens, glass, floor tile, light fixtures, fences, gates, heating units, safety mats, sheet metal , tackwalI , cover plates. 17. Is language included in the Contract Award to effectuate the provisions of Section 1777.5, ® vEs Q No as required by the Labor Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Is language included in the Contract Award to effectuate the provisions of Section 1776, ® O as required by the Labor Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YES No 1e. signature 19. Title 20. Date City Clerk 11-4-99 22. Telegnone Number 21. Printee•Or Typed Name ( 1 PATRICIA A. SANDERS - Duplication of this form Is permkslble. EXTRACT OF PUBLIC WORKS CONTRACT AWARD 'I" ."Scromi"as OMAN�- �Mrrr. mrzl M, . MIMMM now, W, rimrwl UmivaDdail eap Mwa2.csb &govrL4rae(CSIA-Lbmry/C aDML OMSDRMR tbkflpACTOW NIMIll LMMW 90ARD • ��! License Detail .. Contractor License#606321 DISCLAIMEB Mmaname stabs bdamWimshombelowrcpresmbMandiontillmkimenthe CUB acarAgdatsbaseatthetimeefyow inquiry.$walad raaedpeniingupdates%%&orebeiagrevieaad8mrsubsepedddalam spIllating The avmVAObdameaonnsynotaBed bay awlorcmtiod iudgmmbor&W mthathaveaabomapatedtot%eCBLB.)fthaemadiaaaaabkoompkbds(Mealadiom)ongwoonWadafeRamaGW ml'aoaamwill be providad.lfyou bdmdtopmwa s y kid ofkgal acdo%kuuaym set a'ValBad Cati6ate"which M aoatUW liana history wvahg a spedSc funs period poor b takme aq sdion Ar ... ......... BUSINESS INFORMATION ` NCO ..fiRU�"1`IQN&RLS� tAT1�(1N1Linl�S ! ;.. ,....... `lam u:pdi::..; ... a'iii APP1:�!' AUs**§°CA'9 3 . Etl14.n`ii owD�rsllip....::iilliil.:.i:: 9:. lme:Data:11/U9 I990 Ez►ice Date lU3tf/ o0k ... LICENSE STATUS : ,,,�.� l " $ iCCD'Seu cmmt and a!Ch .ive .. ' u6 •i,pn...iivri:!I,�..:i:;,�,„�..p;,,,r^,,;,:,.ry:(.i•,,,,.,�•....: IN•�;a:Su.nc.n.,!:,:�,!�;.i.„a•ri I•o. i. ::: 'lu.,�•:.. ..,. �. .:t': ...:.:.-.,;,:.,..,i!'!ii'i!i!!!I;';;�!:!�li i!`'!f'Iii''::i;:i,p!;;�.:.I i�i,!I:if:I::i.:.::!.:::�:.:.. CLASS.iFICATIONS:::�!�... B. `BD]NGe'CONTitt#CTOR: • .: HIC HOME'A�RQVSLN�CE&TIlICATLY�N.: .�u.:.:. .... ,::!Un,!,fin:j:i!'isi�!::!.:.:.:.::::.::.::::::.:::::::::!:��!!:::•...,.:: ... - !'* *CO.NTRACTOR.BONDING WORMATION Thla•li : b_! d1 "$W 0135M in h ainWd of$79600 with the.bo.>ldmg,.calnp FRONT RP ,, :,:i. . CMURANF E Ct1r"ANY' ' ;..:.......::.::.:....:...:..........:......:...:....... .. EecpveDau:07%1998 ...... . .........!. . . : ..: .:... .. ... . . .QRKERSCOMPENSATIQ IlVI?0'1.,1.1t>.3loN:;:.;;.:!...:..::::r::;:ii:,:.: : 1'ti s lioeaase is pt#'rum;ha in8.wrixlce>ti Qontpcn$adon ioSMUCID they have n6 MV10yres at thi.. g time:; .I,.,j...... ,. .. Effective Mk:o7126/1*I** tcjiirp .. 1IEE. ........ . ...... :i ML 1of1 10I21M3:20PM CONTRACTOR BACKGROUND CBBCK CITY PROJECT O. S f-f PROJECT: &I ri5 CONTRACTOR: LicNO. : R C7 xhaip- ( verified INSTRUCTIONS: aLT� This form shall be filled out by the Engineering Design staff when reviewing contractor background (APPARENT LON BIDDER) ; prior to award of contract by City Council. The form may be waived if a contractor does repeatedly acceptable work for the City. This shall be attached• to the INFORMATION REQUIRED OF BIDDER form and filed in the referenced City Project file, after routing. At least two references shall be contacted and a third reference made if less than acceptable work comments were made by any one of the first two contacts. ------------------- • Reference Check #1: Person Contacted: Tom► 7u-(C0--MY' Phone Agency/Firm: I City: Nature Of Wo Contract Amounts vate Completed: Comment By Above Per on• wu4z. At Reference Check #2: �+ L Person Contact d: C I r j an Phone # 4&�CACO Agency/Firm: City: Nature Of Wor : Contract Amount: $ to Comp t : Comments By Above Person: Reference Check #3: (Optional) Person Contacted: Phone # Agency/Firm: City: Nature Of Work: Contract Amount: Date Completed: Comments By A ovePerson: Completed By: GGt/J Date: a Reviewed By: Contracts Administrator cc: City Engineer Director of Public Works PUBLIC WORKS CONTRACTS BID RESULT CHECK LIST El CUM = �/j. OUNT City Project NO: o DATE /f Dates Published: 2� IO Z E Y ®N ❑ Bid Date & Time: (�_ ��"I'q . Coo -SE.,�b A, rsr+- C n PROJECT: w.5 7 a f r1 S 0010 to Vl/� IGeMm vj • SUCCESSFUL: 1. 6. 2. All CI41e5 I•QInrr Cam'`-4 , C. 7. 3. VeG +'N MAJ:tWG-huvt S. 4. B. R�Cp� g pg 5. 10. INen-r�Eonp sivel WHY: a CONTRACTOR BACKGROUND CHECK: flkRequired? Y N ❑ (ATrACH FREGUIRID) Affidavit of Non-Collusion Signed & Notarized? Y,0 N ❑ Information required of bidder page completed? Y�JRI -N�1 ❑n Type & Amount of Insurance Required: 96e- d6C�t�DC %WG AYOIMrB ARE alecgml Contractors license No. (�1Xp3Z Type(s) 27 Status�CJ1f No. of days to complete work Working ICI Calendar Estimated Start Date: 2 a Estimated Completion Date: No. of days in which to execute contract after Notice of y� p Award ?date City Clack trammits contracts for execuaoM: I S y a:.�//c•I:� f`• 1{ 'f ••1 Davis-Bacon Exhibits (specify Exhibits to be oon*eW by Contractor?) .* Any Addenda? Y P) N ❑ No. Addenda—I Signed by Contractor? YZ N ❑ BONDS: PERFORMANCE BOND 1_ % PAYMENT BOND jib % CORRECTION REPAIR BOND_1'9 % BID BONDS: BLANK BID SPECS. Successful Bidder: II�t-yyII CASHIER'S CHECK? Y ❑ N yv DEPOSITED IN T& A? Y ❑ N Five (5) extra Sets of bid Unsuccessful Bidders: (( F specifications for contract execution CASHIER'S CHECKS? Y ❑ N F DEPOSITED IN T & A? Y ❑ N Attached: Y ❑ N ❑ Which Contractor(s): ❑ Provided Previously DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y N ❑ Labor Code 1777.5 Y N ❑ Labor Code 1776 Y�R N ❑ California Standard Specifications EDITION Standard Specifications for Public Works Construction EDITION DATE: Ia Z-I BY: *A DEPT• hrgn9¢,r nr Bond #67573-03 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Mercury Construction as Principal, and American Contractors Indemnity Company as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City` in the sum of: Nine thousand Five hundred Seventy Four and 00/100 dollars ($9,574.00) (not less than 10 percent of the total amount of the bid) 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. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid iSchedule(s) of the City's Contract Documents entitled: BOYS AND GIRLS CLUB —GYMNASIUM REMODEL CITY PROJECT NO. 99-08 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and fumishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this 19th day of October .19 99 MerTcuu yoc nstruction American Contractors Indemnit C any (Check on • al, aNp, oration) BY V ripe Keith Sandrock Jr. Att ey in Fact ,yuea. (NOTARIZED) ISEAL AND NOTARIAL ACKNOWLEDCMSrrf OF SURETY) Print Name and Title: Gary Witthans, Owner BY „ r,aaat (NOTARIZED) Print Name and Tide: I I )Corporations repoire two sgnstwes:one from each of the IoaowMp Woups:A.Chaenan of Board.Presdent w anv Vice Resident:AAW S.secretary,Amstam secretary,Treasurer,Assatent Tressuer.or Chief FnrMsl Orfa er). BOYS&GIRLS CLUB GYMNASIUM REMODEL BID BOND(BID SECURITY FORM) CITY PROJECT NO. 99.08 BID FORMS-PAGE 6 8117/99 A American Contractors indemnity Company Los Angeles,California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN CONTRACTORS INDEbIId1TY COMPANY.a California Corporation (the"Company'),and having its principal office in Los Angeles.California does hereby constitute and appoint: Reath Sandrock, Jr. as its true and lawful Attorneys}in-fad,in amount of$ 1-500.fflo 0W to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recogoizanc es,contracts of indemnity and other writings obligatory in the natum thereof,which am or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of time presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected offices at its principal office. This Power ofAftomey is executed.and may be cerifficti ID and may be revoked,pursuant to and by sudimily ofresoludors adopted"Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,atameeting called and beld on the 6th day of December,1990. RESOLVED that the Chief Executive Officer,president or any Vice President,Executive Puce President,Secretary or Assistant Secretary, shall have power and authority. 1.1b appoint Attorneys)-in-fad and to authorize than to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, w 2.To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER,that the signature of such officers and the seal of tiu Company may be affixed to any such power of attomey or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid ad binding upon the Company and any such power so executed and certified by facsimk signatures and facsimile said shall be valid and binding upon the Company in tha future with reaped to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its ce corporate seal to be affixed by its authorized offir this 12th day of _ February lg9y wiy'l�dR1 AMERICAN CONTRA:+�Ehh i1TY Q�MPANY By:mpukjm Andy Faust,president STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 2-12-99 before me, B.Caindec personally appeared Anly Faust: personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed do 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. WITNESS my hand and official seat � a t.AMM C.onanbdan/1040990 I . hwa� ~ Anpelat Candy MrCanrnE+FYasMov2u 2000 CJ3ItTlFiCATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that same are correct transcripts thereof and of the whole of tine said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY VMERBOF,I have hereunto set my hand this 19th day of October 19 99 Albert Baumgarten.Secretary State Of California RIGHT THumapmT(optima" County Of San Bernardino Geor ann McCrosson On 10-19-99 before me, Id � pATa NAMERITLE OF OFFICER IA.'JANE DOE.NOTARY PUNIC1 ! personally appeared Keith Sandrock, Jr. L NAMEW OF SMUMN CAPACITY CLAIMED BY SIONERISI ONDIVIDUALIS) OCORPORATE ® personally known to me -OR- O proved to me on the OFFICERISI—�R� basis of satisfactory OFARTNER(S) DUSNITED evidence to be the OGENERAL Person(s)whose name s) OATtoRNEY IN FACT s/are subscribed tote EIMSTEE(s) within instrument and OGUARDIANICONSERVATOR acknowledged to me that OOTHER: he/she/they executed the same in his/her/their GEORG"MCCIiOSSON authorized capacity1ieSI, SIONERISREPRESSIMIM: camyroRstoe>as>r and that by his/her//their INento of Pe,wMel orEatNy0o) Now signature(si on the BOO� r instrument the person(sl or the entity upon behallt of which the personls) acted, executed thha RIGHT TIMOF INT 10POMA instrument. Witness my hand and official seal. ISEAu ISNTNATURE OF N TARY) CAPACITY CLAMED BY SIORERISI OBIDIVNx1ALIS) OCORPORATE ATTENTION NOTARY OFFICERISI The information requested below and In the column to the right Is OPTIONAL. Recording of this document Is not required by law and is also optional. OPARTNERISI OLIMflED It could, however, prevent fraudulent attachment of this certificate to any OOENERAL unauthorized document. ](ATTORNEY NI FACT THIS CERTIFICATE TNIe or Type of Dooulwt OTRUSTEEISI MUST BE ATTACHED OGUARDIANICONSERVATOR TO THE DOCUMENT NunOx of Ppee Date of Down" OOTHER: DESCRIBED AT RIGHT: Signr(q OGw Than Nrned Above SIGNER IS REPRESENTINOt SVolne of Pareonts)w EntkyaeN American Coutractors Indemnity Company Z=1 Faw alAO Rev.o•a Irir dw e•xA) ®tsee WOLCOTT$FORMS,INC. Au PlNrosE ACNOWLEDGMENT VAIN SIGNen CAPACITYAIEIMS190ITATIONii o RNOMPNNTS 1111111111111111111111111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT MKCCRO ano tou s9ort �rlrMonAtae7l� � ee7 State of California NOrarythtblD—Cdromp _ �VOann Feb 16 woo County of San Bernardino On October 19, 1999 before me, G--organ McCrosson 0M Nmn aW7ft a Offww(69,•Jun Doe.N9W7 Pdawl personally appeared Gary Witthans Nana)a Sgnerp) ' ❑personally known to me—OR—13 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 hWherAheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), 00XV 'a 04 or the entity upon behalf of which the person(s) acted, qurglDo—WWI executed the instrument Moot#UOP*UU oo t OnN VSW3e18 WITNESS my hand and official seal. =W ue a Nosy not ON 77augh fhe kdarnadon below is na requkW by� k y pmw io peraIne reying on fhe document and coeW prevent haudwW remOvef ttecf nmg of Mb ram a&rather docu n e. Description of Attached Document Title or Type of Document: surety bond Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: :0 Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Tltle(s): Title(s): ❑ Partner—❑ Umited ❑General ❑ Partner—❑ Umited ❑General ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other. Top a Mumb here ❑ Other. Top or thumb Here Signer Is Representing: Signer Is Representing: O199e Nem,WNonryAs,aaamo•e=PamrwlAw.PO 6ox71ee•CarwWPv4CA913W7184 Pr90.No.e907 nee,e,r.CM 7NIF,m 14eePWe-0Be7