A J Fistes Corporation •
RECEIVED
rt ;, City of Rancho Palos Verdes
. irt4:
SECOND AMENDMENT TO AGREEMENT
JUN 0 6 2011
BETWEEN THE CITY OF RANCHO PALOS VERDES
AND A.J. FISTES CORPORATION PUBLIC WORKS DEPARTMENT
This agreement is the second amendment to the building painting maintenance
agreement between the City of Rancho Palos Verdes ("City") and A.J. Fistes
Corporation ("Contractor"), dated April 3, 2007 ("Agreement"). This amendment to
Agreement is effective as of May 17, 2011 and is being made to extend the term of the
Agreement for one year.
Section 1. Section 2 of the Agreement is hereby amended to read as follows:
2. Term: The Contract shall commence on May 17, 2011, and shall continue in
full force and effect through and including May 16, 2012, unless earlier terminated as
provided in section 6 herein. This Contract may be extended for up to one (1) additional
one-year term by mutual consent of both parties.
Section 2. Except as expressly amended by this second amendment to
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect as written in the Agreement.
IN WITNESS WHEREOF, City and Contractor have executed this amendment to
the Agreement as of the day and year first above written.
CITY OF RANCHO PALOS VERDES
("City")
7
By:
ayor
ATTEST:
By. /
City Clerk
A.J. FISTES CORPO' A TION
("Contractor")
Signature: ���� •
Printed Name: frrna540t5i05(.?
eS
Title:
(e5ideni-
• 111
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO
PALOS VERDES AND A.J. FISTES CORPORATION
This agreement is an amendment to the building painting maintenance
agreement between the City of Rancho Palos Verdes ("City") and A.J. Fistes
Corporation ("Contractor"), dated April 3, 2007 ("the Agreement"). This amendment to
Agreement is effective as of April 3, 2010 and is being made to extend the term of the
Agreement for one year.
Section 1. Section 2 of the Agreement is hereby amended to read as follows:
2. Term: The Contract shall commence on April 3, 2010, and shall continue in
full force and effect through and including April 2, 2011, unless earlier terminated as
provided in section 6 herein. This Contract may be extended for up to two (2) additional
one-year terms by mutual consent of both parties.
Section 2. Except as expressly amended by this first amendment to
Agreement, all of the other provisions of the Agreement shall remain in full.force and
effect as written in the Agreement.
IN WITNESS WHEREOF, City and Contractor have executed this amendment to
the Agreement as of the day and year first above written.
CITY OF RANCHO PALOS VERDES
("City")
Ma •r
ATTEST:
By: eeiceL, /
City Clerk
A.J. FISTES CORP. •TION
("Contractor")
Signature:
g
Printed Name:Amstotios S eS
Title:
Wesicse-Of
3I' H2OiO
R6876-0001\1212378v1.doc
• •
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
FISCAL YEAR FY 2006-2007, 2007-2008, 2008-2009
Building Painting maintenance contract
Yck
THIS AGREEMENT is made and entered this 5 day of / 111 �-
, 2007,
by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as
"City", and , f jS f eA co , hereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto
and incorporated by this reference, and
WHEREAS, City desires to contract with Contractor to perform the services detailed in
this contract, including the Proposal, and
WHEREAS, Contractor has represented that it is fully qualified to assume and
discharge such responsibility;
NOW, THEREFORE, the parties hereto do agree as follows:
1. Scope of Services. City hereby employs Contractor to perform the work and provide
the services and materials for the project identified as: Building Painting
(maintenance contract 2006-2007, 2007-2008, 2008-2009, as described in these
Plans and Specifications, attached hereto and incorporated herein by this reference,
including miscellaneous appurtenant work. Such work shall be performed in a good
and workmanlike manner, under the terms as stated herein and in these Plans and
Specifications, and in accordance with the latest edition of the Joint Cooperative
Comrfiittee, Southern California Chapters of the American Public Works Association
and the Associated General Contractors of America, document entitled "Standard
Specifications". In the event of any conflict between the terms of this agreement and
any of the above-referenced documents, the terms of this agreement shall be
controlling.
2. Term: The Contract shall commence on April 3, 2007, and shall continue in full force
and effect through and including April 2, 2010, unless earlier termination as provided in
the section 6 herein. This contract may be extended for up to three (3) additional one-
year terms by mutual consent of both parties.
3. Compensation. In consideration of the services rendered hereunder, Contractor shall
be paid according to the prices as submitted on the Bid Sheet of the Proposal,
attached hereto as a part of these Plans and Specifications and in accordance with
the Special Provisions.
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4. Independent Contractor. It is specifically understood and agreed by all parties hereto
that Contractor is an independent contractor and not an employee of the City.
Accordingly, Contractor shall not be deemed the City's employee for any purpose
whatsoever. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever for or against City.
5. Assignment. This agreement may not be assigned by Contractor, in whole or in part,
without the prior written consent of City.
6. Termination. This Agreement may be canceled by the City at any time without
penalty upon thirty (30) days' written notice. In the event of termination without fault
of Contractor, the City shall pay Contractor for all services rendered prior to date of
termination, and such payment shall be in full satisfaction of all services rendered
hereunder.
7. Worker's Compensation Insurance. California Labor Code Sections 1860 and 3700
provide that every contractor will be required to secure the payment of compensation
to its employees. In accordance with the provisions of California Labor Code Section
1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker'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."
8. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of
California, the Director of Industrial Relations has determined the general prevailing
rate of wages and employer payments for health and welfare, vacation, pension and
similar purposes applicable to the work to be done. This rate and scale are on file
with the Director of Public Works and copies will be made available to any interested
party on request. The Contractor to whom the contract is awarded, and the
subcontractors under him must pay not less than these rates for this area to all
workers employed in the execution of this contract.
This contract is subject to the provision of Article 1.5 (commencing at Section 20104)
of Division 2, Part 3 of the California Public Contract Code regarding the resolution of
public works claims of less than $375,000. Article 1.5 mandates certain procedures
for the filing of claims and supporting documentation by the contractor, for the
response to such claims by the contracting public agency, for a mandatory meet and
confer conference upon the request of the contractor, for mandatory non-binding
mediation in the event of litigation is commenced, and for mandatory judicial
arbitration upon the failure to resolve the dispute through mediation. This contract
hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
9. Suit; Recovery of Attorney Fees & Costs. Should either party bring any action to
protect or enforce its rights hereunder, the prevailing party in such action shall be
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•
entitled to recover, in addition to all other relief, its reasonable attorneys fees and
court costs.
10. Insurance Requirements. The Contractor shall at all time during the term of this
Agreement carry, maintain, and keep in full force and effect, with an insurance company
admitted to do business in California and approved by the City (1) a policy or policies of
broad-form comprehensive general liability insurance with minimum limits of
$3,000,000.00 combined single limit coverage against any injury, death, loss or damage
as a result of wrongful or negligent acts by the Contractor, its officers, employees,
agents, and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive
liability insurance with a minimum combined single limits coverage of $1,000,000.00;
and (4) worker's compensation insurance with a minimum limit of $1,000,000.00 or the
amount required by law, whichever is greater. The City, its officers, employees,
attorneys, and volunteers shall be named as additional insured on the policy (ies) as to
comprehensive general liability, property damage, and worker's compensation
coverage's.
1. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through addition of
additional insured to the policy) by the insurance carrier without the insurance
carrier giving the City thirty (30) day's prior written notice thereof. The Contractor
agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
2. The Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect, and such insurance is available at a reasonable cost, the City may take
out the necessary insurance and pay the premium thereon, and the repayment
thereof shall be deemed an obligation of the Contractor and the cost of such
insurance may be deducted, at the option of the City, from payments due the
Contractor.
3. The Contractor shall submit to the City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements
above, and (2) insurance policy endorsements above, not less than one (1) day
prior to beginning of performance under this Agreement. Endorsements must be
executed on the City's appropriate standard forms entitled "Additional Insured
Endorsement," copies of which are attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the
day and year first above written.
CITY OF ' a '1 *H0 P A •S VERDES
By:
/ I.
ayor
ATTEST:
By: Otd% A}I,
City Clerk
CONTRACTOR:
•I
By:
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CALIFORNIAALL-PUR a - E ACKNOWLEDGEMENT
State of Cct1ifori'iio.
County of Los AltlyieS
On 20 D7 before me, Anr a Jictrict !Jofcrt'i Public ,
Name and jitle of Officer(e.g.,'Jane Doe,Notary Public")
personally appearediliaa.54abtrh•5Fi5IM. ,
Name(s)of Signer(s)
El--fteFeeRaily-known-te-me-GR--Glroved to me on the basis of satisfactory evidence to be the person{$whose
name(* is/are subscribed to the within instrument and
acknowledged to me that he/steeikkeet executed the same in
his/.104tivetr authorized capacity(ios.); and that by his/ 'r
ANNA JIAHG signature(0) on the instrument the person(., or the entity upon
‘0iir?l� .#1�1oM m behalf of which the person(o) acted, executed the instrument.
fy�Notary Public-California _
.r , LOS ANGELES COUNTY ''
W �;,�.it-N. . Comm.Exp.Jan 2,2009 WITNESS my hand d o Ida! seal.
Sig;. re of Notary Public
• OPTIONAL
��--NN��MN�N����N-N--NN---N--- --N--MM-N---NN-_-N....._.NN--N-
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 Docu ent
Title or Type of Document: Cr ' S
verh5 67.7...4,21
Cif
Document Date: Nk
Number of Pages:
Signer(s)Other Than Named Above: ikip�L._
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
EJ Individual LI Individual
LI Corporate Officer ID Corporate Officer
LI Titles(s): 0 Title(s):
LI Partner- LI Limited LI General 0 Partner- LI Limited LI General
LI Attorney-in-Fact LI Attorney-in-Fact
LI Trustee RIGHT THUMBPRINT LI Trustee RIGHT THUf.BPRINT
LI Guardian or Conservator ' OF SIGNER LI Guardian or Conservator of SIGNER
LI Other: Top of Thumb here LI Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
i
,.‘ . . '. • 0
CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
❑ Two Executed Notarized Copies of the Contract (Attached)
❑ Payment Bond in Amount of Contract (Attached)
❑ Performance Bond in Amount of Contract (Attached)
❑ Workers Compensation Certificate (Attached)
❑ Liability Insurance Certificate in the Amount of$1 Million, Naming the
City as a Co-insured
❑ Automobile Insurance Certificate in the Amount of$1 Million, Naming
the City as a Co-insured
O Agreement To Comply with California Labor Law Requirements
(Attached)
❑ Business License with the City of Rancho Palos Verdes
❑ Indemnification and Hold Harmless Agreement (Attached)
❑ Additional Insured Endorsement - Comprehensive General Liability
(Attached)
❑ Additional Insured Endorsement-Automobile Liability (Attached)
D Additional Insured Endorsement Excess Liability
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EXECUTED IN DUPLICATE
Bond No. 738441P
PERFORMANCE BOND
PREMIUM: $793.00
PREMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
KNOW ALL PERSONS BY THESE PRESENTS that: BASED ON FINAL CONTRACT PRS
WHEREAS the CITY OF RANCHO PALOS VERDES
("Public Agency"),has awarded to A.J. FISTES CORPORATI;)
3290 E. WILLOW, LONG BEACH, CA 90806
(Name and address of Contractor)
(-Principal"), a contract(the"Contract")for the work described as follows: Building Pam.p g
(maintenance contract 2006-2007,2007-2008, 2008-2009)
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
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, STE 200, IRVINE CA 92614 -
(Name and address of Surety)
("Surety") a duly admitted 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
THIRTY ONE THOUSAND, SEVEN HUNDRED ONE AND NO 100
Dollars (� �1�n� nn ),this amount being not less than the total
contract price,in lawful money of the United States of America,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 performed,all within the
time and in the manner therein specified,and in all respects according to their true intent and meaning, and
shall indemnify 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 i extension of time,alteration,addition,or modification to the terms of the Contract
or to the work or to the specifications thereunder. Suretyhereby 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.
SPCO6-12
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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 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; APRIL 27, 2007
"Principal" "Surety"
A.J. FIST; CORPORA ON DEVELOPERS SURETY AND INDEMNITY COMPANY
By: .t.t / , M l By: ./244
Its p geyv 40 6. _ I ATTORNEY—IN—FACT
JANET L. MILLER
By: By:
Its Its
(Seal) (Seal) •
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
PRINCIPAL AMOUNT
RICHARDS,WATSON&GERSHON
A Professional Corporation
By: By:,
Insurance Administrator Public Agency Attorney
Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person
signing as a:torneyin jract must be attached
SPCO6-12
C- 10
CALIFORNIA ALL-PURPOSE ACKN WLEDGEMENT
ft.dr (IP 11. Ilk
•
State of California
ss.
County of San Bernardino
•
• On April 27, 2007 before me, Pamela McCarthy, Notary Public
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
• Personally appeared Janet L. Miller
Name(s)of Signer(s)
;
•
•
D personally known to me
• 0 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 she
•
•
executed the same in her authorized capacity, •
•
and that by her signature on the instrument the •
•
• -_�_9r(� person, or the entity upon behalf of which the person •
•
• s acted, executed the instrument. •
i�OTA�f 'yEf Pt,yBiA:.I1,DI—NO
G— ��ORP�1�►,
DING COUNTY
• •
•
• ` y So,Exp�t � �I•s 30�2010 0 WITNESS my hand and official seal.
•.
•
)he.
•
.
• Signature of Notary Public
•
•
OPTIONAL
•
•
•
• Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent •
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: •
:• Capacity(ies) Claimed by Signer(s)
Signer's Name: •
0 Individual
0 Corporate Officer
Title RT THUMBPRINT •
OF SIGNER
0 Partner -- 0 Limited 0 General Top of thumb here ••
D Attorney-in-Fact •
0 Trustee •
0 Guardian or Conservator •
Other: •
•
• Signer is Representing:
•
EXECUTED IN DUPLIVATE •
Bond No.738441P
PREMIUM INCLUDED IN
PAYMENT BOND
PERFORMANCE BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS.the CITY OF RANCHO PALOS VERDES
rPub1ic8c "),WILawarded to A.J. FTSTES CORPORATION
OW
LONG BEACH, CA 90806
(Name and address of Conn actor)
=a-contract the:..Contract for:he work escribed.as= olio rs Buil :Paintua •
(cPrIncipal ),:. • .� ): _ .. dig. g -
(ri�ain a ance� ntrae Q07,2+0 2 0 T O $- 0 _ =f
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the
payment of claims of laborers,mechanics, materialmen, and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal, and
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, STE 200, IRVINE, CA 92614
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of
THIRTY ONE THOUSAND, SEVEN HUNDRED ONE AND NOI100
Dollars ($ 31,701=00 ),this amount being not less than fifty percent(50%)of the
total contract price,in lawful money of the United States of America,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, or 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 in an amount not exceeding the
penal sum specified in this bond; otherwise,this obligation shall become null and void.
This bond shall inure 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,
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.
SPCO6-12
C- 7
410
_••
IN WITNESS WHEREOF, two (2) identical counterparts of this instrumcnt, each of which shall for all
purposes be deemed an original 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 du lv signed by its undersigned
rpresCrJtati vc(()pursuant to authority of its governing body.
Dated: APRIL 27, 2007
"Principal" "Surety"
A.J. FISTES CORPORATION DEVELOPERS SURETY AND INDEMNITY COMPANY
r' 79724/,4:t
B :
y .4t-S os By.
Its f712,6-5t DC ATTORNEY—IN—FACT
JANET L. MILLER
By: By:
Its Its
(Seat) (Seal)
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
PRINCIPAL AMOUNT
RICHARDS,WATSON&GERSHON
A Professional Corporation
By: By:
Insurance Administrator Public Agency Attorney
Note. This bond must be executed in duplicate and dated.all signatures must be notarized, and evidence of the authority of any person
signing as attorney-in-fact must be attached.
SPCG6-l2
C-8
CALIFORNIA ALL-PURPOSE ACKN• LEDGEMENT
• State of California
ss. •
County of San Bernardino
• On April 27, 2007 before me, Pamela McCarthy, Notary Public
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
•
• Personally appeared Janet L. Miller
Name(s)of Signer(s)
0 personally known to me
• 0 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 she
• CARTHY
• ��� ��- � ��` executed the same in her authorized capacity,
• � . COMM.# 1 659202 Z •
• r Q r; 4 : 1. 0 _ and that by her signature on the instrument the
• ' i' NOT PUBLIC CALIFORNIA
•
N1N ��NARpINO COUNTY10
or the entity upon behalf of which the person •
• k4444,1,,'
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•
`S V COMM Expires A� acted, executed the instrument.
•
•
•
•
• WITNESS my hand and official seal.
••
•
•
)27
1/3,,44
Signature of Notary Public
OPTIONAL
• Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent
• removal and reattachment of this form to another document.
•
Description of Attached Document
•• Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
: Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
RT THUMBPRINT
• Title OF SIGNER
• O Partner -- O Limited O General Top of thumb here
CI Attorney-in-Fact
• O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
• ,
41110 •1
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Jay P. Freeman, Janet L. Miller, Pamela McCarthy, Susan C. Monteon, jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every'act necessary.requisite or proper
to be done in connection therewith as each of said corporations could do.but reserving to each of said coiporations full power of substitution and revocation,and
all of the acts of said Attorneys)-in-Fact,pursuant W these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I.2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation he,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attoniey to execute,on behalf of the corporations,bonds,undertakings and contracts
of suretyship;and that the Secretary or any Assistant Secretary'of the corporations be,and each of them hereby is,authorized to attest the execution of any such
Power of Attorney:
RESOLVED,FURTHER,that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary'this 1st day of December, 2005.
_.r--- --'-.N.
E. WIL. -
By: �� . .vi AND PAN V
David H.Rhodes,Executive Vice-President Q�,.••'�pOR••.•••F,r, ( ORPOR,� �,
`�icP ATF'':y% ` V �<`9r
r
OCT. = OCT.5 o O
A.,,h't---tr
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': 10 n= w 1967
=o':• 1936 =c: o
Walter A.Crowell,Secretary ';'74%'•.• /p W P► ,••'da,�' l'‘�FOR�
O
STATE OF CALIFORNIA
COUNTY OF ORANGE
On December 1,2005 before me,Gina L.Gamer, Notary Public(here insert name and title of the officer), personally appeared David H.Rhodes and
Walter A.Crowell,personally known to me(or 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.
WITNESS my hand and official seal.
GINA L.GARNER
N x0,
;:;1 ;'�; COMM.# 1569561
k.,
r 'si-_�...-- NOTARY PUBLIC CALIFORNIA 3
Signature (SEAL) •�'11 ORANGE COUNTY v
My comm.expires May 13,2009
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of
the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 27TH day of APRIL . 2007 .
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By AISC4
Albert Hillebrand, Assistant Secretary'
ID-1380(Rev. 12/05)