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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 I 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 a 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 I 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 r 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. i City of Grand Terrace- ROAD RE-CONSTRUCTION SERVICES ON NEWPORT-AVENUE 6 a e 4 Y 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 I 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 i a 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 i ' I i + S L'. 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 •- ., _ '^tea t t ' ' 1 t r Mem,poll Aad,Con truction Page 13 t I i 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 � ' r ^ ' 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. i ; 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 � Page!4 a - - one 0 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 I 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 I i Signer Is Representing: Signer Is Representing: I I I. 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.