Roquet Paving Inc 2007-13 A
AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND ROQUET PAVING INC.,
(CONTRACTOR) FOR THE PROVISION OF ROAD RE-
CONSTRUCTION SERVICES ON NEWPORT AVENUE.
THIS AGREEMENT IS ENTERED INTO THIS 24 DAY OF APRIL 2007 BY AND BETWEEN
THE CITY OF GRAND TERRACE ("CITY") AND CONTRACTOR FOR ROAD RE-
CONSTRUCTION SERVICES ON NEWPORT AVENUE.
RECITALS
WHEREAS, CONTRACTOR is a licensed contractor who is qualified and a licensed in the
State of California.
WHEREAS, CITY desires to utilize the services of CONTRACTOR for road re-construction
services.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SERVICES OR SCOPE OF WORK
Contractor shall perform a variety of services for the ROAD RE-CONSTRUCTION SERVICES
ON NEWPORT AVENUE as follows:
A. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said City, said Contractor agrees with said City to perform and complete in a
workmanlike manner all work required under the City's Specifications, to furnish at his own
expense all labor, materials, equipment, tools and services necessary therefore, except those
materials, equipment, tools and services as may be stipulated in said specification to be furnished
by said City and to do everything required by this Agreement and the said Specifications.
B. In entering into a Maintenance Contract for a subcontract to supply goods, services or materials
pursuant to a Maintenance Contract, the Contractor or subcontractor offers and agrees to assign to
the City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from
purchases of goods, services, or materials pursuant to the Maintenance Contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to
the Contractor without further acknowledgment by the parties.
C. Bid Performance
Said Bond or Check, as described in the Bid Package and CDBG Attachment "D", shall be given
as a guarantee that CONTRACTOR, if awarded the Contract, will enter into said Contract with the
CITY OF GRAND TERRACE within ten (10) calendar days after receipt of an Award of Contract
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City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT AVENUE 1
Notice from the CITY, and that the CONTRACTOR will furnish the necessary Insurance
Certificates, a Faithful Performance Bond, and a Labor and Materials Bond.
In the case of refusal or failure upon the part of the CONTRACTOR to enter into said Contract,
the Check or Bid Bond, as the case may be, which accompanied the Bid shall be forfeited to the
CITY.
D. DEFINITION OF PROPOSED ITEMS OF WORK
The unit prices to be paid for the items listed on the proposal form EXHIBIT B, shall
include full compensation for furnishing all permits, labor, materials, tools and equipment
necessary to complete all work required to accomplish the following items in accordance
with the Standard Specifications, these Special Conditions and any detail drawings or
plans.
1. ROAD RE-CONSTRUCTION SERVICES ON NEWPORT AVENUE
Work included under this item shall consist of furnishing all permits, labor,
materials, fees, environmental notices and equipment to complete said ROAD RE-
CONSTUCTION SERVICES ON NEWPORT AVENUE in accordance with the
applicable sections of the Standard Specifications, these Special Conditions and the
2001 California Codes.
The Contractor shall remove and dispose of all debris, asphalt, and any subgrade
materials. All debris generated from the Contractors operation shall become the
property of the Contractor and shall be disposed of at a legally acceptable disposal
site furnished by the Contractor and hauled on a route approved by all authorized
agencies and the Director of Public Works. Payment for the disposal of all debris
shall be considered as included in the various contract items of work and no
additional compensation shall be made therefore.
Details:
1 Mobilization
2 Traffic Control and written plan
NOTE: Only Y2 of the street can be closed at a
time. Contractor must work with the mobile home
park on accommodating the residents within
reason.
3 Grind the surface 4 " deep with the proper
disposal, the entire length of Newport Road, curb
to curb, with the exception of the length over the
1-215 freeway, approximately 58,000 s .ft.
4 Pave leveling course overall grinded roadways
with a minimum of 1" thick asphalt (asphalt type
%2" PG64-10) approximately 58,000 s .ft.
5 Install 4 oz petromat fabric with AR 4000 oil on all
leveled surfaces, approx 58,000 sq.ft.
City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT, AVENUE 2
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6 Overlay all grinded surfaces with 3 " of AC,
approximately 58,000 sq.ft.
7 Adjust five manholes and all valve cans to
finished surface
8 Provide temporary striping for all paved surfaces
The work shall be done under the supervision of the Assistant City Manager and no work or
portion of the work shall be paid for until it is approved for payment by the Assistant City
Manager, but this shall not prevent approval of and payment for completed portions of the work as
it progresses
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SECTION 2. SERVICES PROVIDED
CONTRACTOR shall provide all labor, supervision and equipment required to perform said services.
SECTION 3. COMPENSATION
Contractor shall be paid pursuant to the Schedule and Prices submitted in Exhibit B.
The total ROAD RE-CONSTRUCTION SERVICES ON NEWPORT AVENUE is not to exceed
$109,000 without written consent by the CITY.
SECTION 4. BUSINESS LICENSE
CONTRACTOR shall, within five (5) days of executing this contract, obtain a current City of Grand
Terrace business license, during the term of this contract or any extension thereto.
SECTION 5. INDEPENDENT CONTRACTOR
The parties agree that CONTRACTOR is an independent contractor who is being paid .to produce a
result. CONTRACTOR is in no way an employee of CITY. CONTRACTOR. controls the means of
accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for employees
of CONTRACTOR and said employees shall in no way be deemed or construed to be employees of
CITY for any purposes.
SECTION 6. EFFECTIVE DATE/TERM
This agreement shall become effective upon the date of execution of the Agreement by both parties.
This contract shall terminate on May 30, 2007 unless renewed. All work must be completed within 45
days of the contract effective date. A late fee of$100 per day may be accessed by the City for work not
completed in a timely manner.
SECTION 7. TERMINATION
City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORTi AVENUE 3
City shall have the right to terminate this agreement at a date earlier than specified for default. Before
CITY exercises said right it shall give CONTRACTOR 10 days notice of the facts constituting the
default and a chance to cure any deficiencies within that time. If those deficiencies have not been
cured, CITY shall have the right to send CONTRACTOR notice that the contract has been terminated
for default pursuant to this paragraph by giving notice as provided herein.
SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the express written consent of CITY:
SECTION 9. NOTICE
The parties may give notice under this contract by sending such notice certified mail ;addressed as
follows:
TO CITY: CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92313
ATTN: STEVE BERRY
TO CONTRACTOR:
Roquet Paving Inc.
PO BOX 887
Colton, CA 92324
Such notice shall be deemed received five (5).days after mailing, whether signed for or not.
SECTION 10. GRATUITIES
CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered
or given any gratuities to CITY'S employees, agents or representatives with a view toward securing
this contract or securing favorable treatment with respect thereto.
SECTION 11. CONFLICT OF INTEREST
CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way
associated with any architect, engineer or other preparer of the plans and specifications for this project.
CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules, agrees to abide by
those rules, and agrees that any breach of those rules shall give CITY the right to rescind, cancel or
otherwise terminate this agreement, at CITY'S discretion.
City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT AVENUE 4
SECTION 12. INTEGRATION
This agreement constitutes the entire agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed, or amended in any respect unless in writing and
signed by the parties hereto.
SECTION 13. NO WAIVER
The failure of the CITY at the time to require performance by the CONTRACTOR of any provisions
hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the
CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach
of such provision or as a waiver of any provision itself.
SECTION 14. INSURANCE
The Contractor shall supply insurance and licensing as follows:
Commercial General Liability:
Primary insurance shall be provided on IOSCGL form No. CG 00 01 11 85 or 88. Total limits shall be
no less than 1 million dollars per occurrence for all coverage's and 2 million dollars general aggregate.
City and its employees and agents shall be added as additional insureds using ISO additional insured
endorsement form CG 20 10 11 85 (in no event will City accept an endorsement form with an edition
date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any
other insurance or self-insurance, primary or excess, available to City or any employee or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional
insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage,
personal injury/advertising injury, at a minimum, and shall include a"drop down"provision providing
primary coverage above a maximum $25,000.00 self insured retention for liability not covered by
primary policies but covered by the umbrella policy. Coverage shall be following form to any
underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have
concurrent starting and ending dates.
Worker's Compensation:
Shall be written on a policy form providing workers' compensation statutory benefits as required by
law. Employer's liability limits shall be no less than one million dollars per accident or disease.
Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City,
its employees or agents.
The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance and
completed Declaration Regarding Licenses Status form. Contractors must also have a valid City of
Grand Terrace Business License.
City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT AVENUE 5
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Auto Insurance•
CONTRACTOR shall provide Auto Insurance as follows:
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO
Business Auto Coverage form CA 00 0106 92 including symbol 1 (Any Auto). Limits shall be no
less than (one) 1 million dollars per accident. Starting and ending dates shall be concurrent. If.
Contractor owns no autos, a non-owned auto endorsement to the General Liability policy
described above is acceptable.
SECTION 15 LEGAL ACTION
Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights
under this Agreement, the City shall recover, in addition to all other relief, its reasonable attorney's
fees and court costs to be fixed by the Court.
SECTION 16 ATTORNEY'S FEES
The parties agree that should any dispute arise concerning the interpretation of this contract, or
regarding the performance or non-performance of this contract, that the prevailing party shall be
entitled to reasonable attorney's fees.
SECTION 17 EXTRA WORK
The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been
authorized in writing to do so by CITY.
SECTION 18 PREVAILING WAGE
The successful Bidder will be required to pay not less than the prevailing wage scale determined
by the Director of the California Department of Industrial Relations, copies of which.scale are on
file in the office of the City Cleric and the office of the Director of Public Works/City Engineer
and which shall be made available to any interested party on request. Contractor is responsible for
all CDBG paperwork and compliance as outlined in Attachment D of the Bid Package.
Additionally, the Contractor shall comply with the provisions of Labor Code Section 1777.5.
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City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT-AVENUE 6
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WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above
written.
ATTEST: CIT. OF GRAND TERRACE
City Clerk �MiayorMaryetta Ferre
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
Title: �l�csr*
City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT AVENUE 7
BID SCHEDULE
ITEM ITEM QTY TOTAL
NO. COST
1 Mobilization 1 1000.00
2 Traffic Control and written plan 1
NOTE: Only %of the street can be closed at a
time. Contractor must work with the mobile home
park on accommodating the residents within
reason. 0
00-00
3 Grind the surface 4 " deep with the proper 1
disposal, the entire length of Newport Road, curb
to curb, with the exception of the length over the
1-215 freeway, approximate y 58,000 s .ft. b (v.00
4 Pave leveling course over all grinded roadways 1
with a minimum of 1"thick asphalt (asphalt type
'/" PG64-10 a roximatel 58,000 s .ft. 00
5 Install 4 oz petromat fabric with AR 4000 oil on all 1
leveled surfaces, approx 58,000 s .ft. .op
6 Overlay all grinded surfaces with 3 " of AC, 1
approximately 58,000 s .ft. �?� �(�j 0. 0
7 Adjust five manholes and all valve cans to 1
finished surface 5.150. 00
8 Provide t emporary striping for all paved surfaces 1 p .o0
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TOTAL AMOUNT OF BID IN FIGURES: $ 10$ 52(0 .00
one lu r r14 r[d et ght`i' usa n rc
TOTAL AMOUNT OF BID IN WORDS: $ JWer0-u 6i x a 00/Xxyc
Newport Road Constniction
Page 20
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ISSUED IN ONE ORIGINAL COUNTERPART ORIGINAL BOND NO. 4358555
PREMIUM: $1,585.00
Fo O�PERFO ui BOND THE PREMIUM IS PREDICATED ON
THE FINAL CONTRACT PRICE AND
KNOW ALL MEN-13Y THESE PRESENTS, that we c IS SUBJECT TO ADJUSTMENT
a California Corporation hereinafter called"Principal"and
SureTec Insurance Company
of `San Diego State of California,hereinafter called the"Surety", are held and:firmly bound unto
City of Grand Terrace
O f_Grand Terrace , State of California,
hereinafter called "City"in t11e pedal sum of One Hundred_Eiaht Thousand Five Hundred Twenty Six and 00/100's
DOLLARS ($ 108,526.00 1 in lawful money of these ourselves, our heirs, executbrs, administrators,
jointly and severally,firmly by these presents. ,
THE CONDITION OF THIS 013LIGATION is such that whereas, the Principal.entered into a
certain Contract with the City) dated the _?4th day of Apr,-1 2007 A copy of which is,
hereunto attached and made a part hereof for the construction of ;Newport Road Re-Construction Project
NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform,its duties, all the
undertakings, covenants, terms, conditions, and agreements of said Contract during the;original term
thereof, and dny extensions thereof which may be granted by the City, with or without;notice to the
Surety, and if he shall satisfy,,all claims and demands incurred under such Contracts and shall fully
indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay, the City all outlay and expense which the My may incur in
making good any default,then this obligation shall be void; otherwise, to remain in full fdree and erect,
PROVIDED FURTHER that the said Surety, for valde received hereby stipulateb and agrees that
no change, extension of time, alteration, or addition to the terms of the Contract or to'the work to be
performed thereunder or the Specifications accompanying the same shall in any way affdct its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or
addition to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the City and the Contractor shall
abridge the right-of any beneficiary hereunder,whose claim may be unsatisfied,
Newport RLad Cmutmca,,,
Page 11
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IN WITNESS WHEREOF, this instrument is executed in one (1) . counterparts,each
on of which shall be deemed an original,this flap 3oth day o f May ,2007.
ATTEST:
PRINCIPAL SEC
,PRINCIPAL- Roquet vi ng,.�l nc.
SEAL ��-
ADDRESS : P.o, Bo ss7
Colton M 92324
WITNESS AS TO PRINCIPAL
ADDRESS
SU Y SureTec Insurance Company
A E
ATTEST:
Y a !
SURETY SEC. AD S 3033 Sth ;Ave.' Suite 300
SEAT, San:.Di ego CA 92103
Julia B. Leonard, Attorney in Fact
WITNESS AS TO SURETY
ADDRESS
NOTE:' Date of Bond must-not be pzior to date of Contract
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Mem,poll Aad,Con truction
Page 13
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ,
State of CALIFORNIA
1
County of RIVERSIDE
On MAY 3 ® 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC ,
Name and Title of officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD
Name(s)of Signer(s)
® 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
M�UhLLS signature(s) on the instrument the person(s)', or the entity upon
� #1704204 o behalf of which the person(s) acted, executed the instrument.
t�t�rli�fl, ,
CALIFORNIA S2
cc t4OTARVERSIDECOUNT
oc My Comm.Expires NOV.11,2010 WITNESS my hand nd official seal.
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:
I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual j
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s). -
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ElTrustee
-❑ Guardian or Conservator WIN 01 in 11 ❑ Guardian or Conservator -
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
i
Signer Is Representing: Signer Is Representing:
L
3 09/00
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ORIGINAL
ISSUED IN ONE ORIGINAL COUNTERPART BOND NO. 43585551 ,
PREMIUM: INCLUDED IN THE PREMIUM
CHARGED FOR, HE PERFORMANCE BOND
I
THE PREMIUM IS PREDICATED ON
FORM OF LABOR AND MATEIUAL,BOND ! THE FINAL CONTRACT PRICE AND
IS SUBJECT TO ADJUSTMENT
KNOWN ALL MEN BY TII;ESE PRESENTS,that we Roquet Paving, Inc,
'hereinafter called "Principal" .and ko - SueeTec I nsurance Company State '6f California,
hereinafter called"Surety",are held and firmly bound unto City of Grand Terrace
-e;;-hereinafter-------------------------------------------------- called"City", in the penal sum of
Ode Hundred Eight Thousand Five Hundred
Twenty Six Dollar1r. and 00/100's dollars ($ 108,526.00 ) in lawful money of these
United States, for the payment of which sum will and truly, to be:made, we bind owrseive's, our heirs,
{
executors,administrators,.and successors,jointly and severally,-firmly by these presents,'
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS,tht-Principal entered
into a certain Contract with the Qty,•dated 24th day of Apr'1 2607, a copy
of which is. hereto attached and made. 'a part hereof' for the construction of
Newport Road Re-Construction Project
NOW, THEREFORE, if the'Principal shall promptly make payment to all ,persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the ptosecution of the
work provided for in such Contract, and any authorized extension of modification therb6f, including all
amounts due-for materials, lubricants, oil, gasoline, repairs on machines, equipment and,•tools, consumed
or used in connection with the construction of such work, and all insurance premiums df said work, and
for all labor, performed in such work whether by subcontractor or,otherwise,then this obligation shall be
void;otherwise to remain in full force and effect,
PROVIDED, FURTHER, that-if the original Contractor or his subcontractor fails to;pay any of
the persons named in Section 3 18 1, or 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 ehiployees of the
Contractor and his subcontractors pursuant to Section 13020 of the Unemployment insurance Code,with
respect to such work and labor that the-surety or sureties.,will pay for the same, in an iamount not
exceeding the sum specified in attorney's fee, to be fixed by the court.. The original Contractor may
require of his subcontractors a bond to indemnify the original Contractor for any loss smstained by the
original Contractor because of any default•by his subcontractors under this section.
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PROVIDED FURTHER, that the said surety for value received hereby stipulates and agrees that
no change, extension of time, alteration, or addition to the terms of the Contract o`r to,the�work to be
performed thereunder or the Specifications accompanying the same shall in any way effect its-,obligation
on this bond, and it does,hereby waive notice of any such change, extension of time, alteration, or
addition to the terms of the Contract or to the work or Specifications. ;
PROVIDED FURTHER, that no final sell-lament between the City and Coniractori shall abridge
the right of any beneficiary hereunder. whose claim may be unsatisfied. `
Newport Rdnd{Construction �
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IN WITNESS Y EEREOF,this instniment is executed in six{.ram)counterpartA,;each one of which
shall be deemed an original, this the 30th day of May 2007.
ATTEST:
(Principal) Roquet Paving, Inc.
(Principal Sec.)
(SEAL) 03y)
(Address) P.O. Box 887, Colton CA 92324
(Witness as to principal)
(Address)
(Surety) Surel"ec Insurance Company
ATTEST-
(Surety Sec.)
(SEAL) : y
(ay)
Julia Leonard, Attorne n act "
(Address) 3033 Ave, Suite 300
(Address) San Diego CA 92103
n
Newport Robd Construction
Page IS
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On MAY 3 0 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD ,
Name(s)of Signer(s)
® 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
G UALLS his/her/their authorized capacity(ies), and i that by his/her/their
A COMM.#1704204 N signature(s) on the instrument the person(s), or the entity upon
_ 1 NOTARY PUBLIC-CALIFORNIA behalf of which the acted, executed jthe instrument.
or RIVERSIDE COUNTY person(s)
my Comm.Expires Nov.11,2010
WITNESS my hand and official seal.
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
I •
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: Signer's Name:
1 '
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ ,Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact El Attorney-in-Fact
❑ Trustee _ ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
I
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Signer Is Representing: Signer Is Representing:
I
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1313-1133 09/00
ISSUED IN ONE ORIGINAL COUNTERPART POA#: 510018
BOND NO. 4358555
S:ur:eTec Insurance. Compall
LIMITED POWER OF ATTORNEY
Know All Men by 27tese Presents,. That SU:RETEC INSURANCE COMPANY (the ".Cotnpany"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Haixis County, Texas,does by-thg'se presents
make,constitute and appoint
Kenneth A. Coate, Julia B. Leonard
of Riverside, CA its true and lawful Attorneys)-in fact,with full power and authority-hereby.conferred in its naive;blace.and stead,to
execute, acknowledge and deliver .any and-all bonds,.recognizances,.undertakings. or.other instruments oi• •contracts of suretyship to
include,Waivers to he conditions of'contracts and. consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby.as hilly .and to the same extent as if such bonds were signed by the:President,-sealed with:the corporate
seal of the Company and duty attested by its Secretary;hereby ratifying.and.confirming all that the said'Attorney(s)-in-Fact may do in the
premises, Said Appointment shall continue in force until 10/31/08 and is made under and.by authority of the following
resolutions of the Board of Directors.ofthe�ureTec insurance Company:
Bea Resolved that the President,any'Vice-President,any Assistant'Vice-President,any Secrotary Oran AssiM't.Secretary shall be and is
hereby vested.with fult,power and authority to appoint.any one or more suitable persons as.Attorney(s)-in-Fact to represent-and act for and on
behalf of the Company subject to.the following provisions:
Altorriey-in Fdct may be given.full p6wer•and authority for and in the name.of and of:behalf of the Company,to.execute,acknowledge.and
deliver,any and afl bonds;recognjzauces,contracts,,agreements or indemnity and other conditiarial of obligatoiy undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder,:and•any sp0h instruments sg executed by:any.such
Attorney-in-Fact shall be binding upon the.Company as if signed by the President andsealed and.effected1by. the Corporate Secretary.
Be it Resolved,.that-the signature authorized officer and seal ofthe Company;heretofore.orliereaftcr afl"ixed tQiy pcj�yer of attorney or
any certificate relating thereto'by facsimile,and any,potyer of attorney 8r dortill bearing facsimile signature or facsimile seaLshalFbe valid
and''binding upon the Coinpany with-respect to any bond or undertaking to which it is attached. (AdopiPd-at-a meeting lied on 26t'ofApr(1,
.1999.)
In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its.corporate seal
to be hereto affixed this 20th day of Aine,A.D:2005.
TEC RANCE COMPANY
wj'u �a B.J.](CVg, t`eside It
`State of Texas ss:.
County of Harris
Y p.. . y , t g Y _ Y
On this 20th day of June,A.D.2005 before me etsonall came B:J:Kin to me known who being 6 .:me.dui sworn did depose.and sad;that he
resides in:Royston, Texas,that he is-'resident of SURE,TEC INSURANCE COMPANY, the c6nipaiiy described.in.and which ezechted:the above
instrument;that he knows the scat ofsaid,Cornpany;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order ofthe
Board of Directors of said.Company;and that he.signed his.,name thereto by like order.
:A�qust-27,200&
ichelle Denny
" Notary Pttb11C
Stofe of Texts:
„t"Opp? on E Michelle Denny,Notary P lie
My.cointnission:expifes August 27,?008
I,M.'BrentBeaty,Assistant-Secretary. of SURETECINSURANCF:COMPANY,,Flo hereby certify tliatthe:above and.foregoing is.a'tru@ and correct.copy
Of a Powerof Attorney,executed by said Company,ivliich.is still:in fuli.forde'snd eff`eet;and fuittiermare,the:resolutions of the Board.of Directors,set:
Out in the Power of Attorney ate in Tull force And,effect:.
Given under my hand and the:seal of:said:Company at Houston,Texas'this 30th day. Ma 20:07 .A.D.
Brent'$ea ,- .sistant Sec j ary
Any Instrument Issued in excess of the penalty stated above into ally void and without-any'validity.
For verification of the authority of this power you.fnag call.(7131",$12-.08QQ..an9 business day between-8:00 am and 5:00 pm CST.