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HomeMy WebLinkAboutCC Resolution 12004 (City Hall Roof Repair)RESOLUTION NO. 12004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR CITY HALL ROOF REPAIR AND HVAC REPLACEMENT — 2006, PROJECT NO. 11084, TO BEST INCORPORATED IN THE AMOUNT OF $399,000.00. WHEREAS, on the 27th day of June, 2006, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "CITY HALL ROOF REPAIR AND HVAC REPLACEMENT - 2006" PROJECT NO. 11084 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Best Incorporated at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Best Incorporated and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Best Incorporated at the unit prices mentioned in said bid. ®IJ 4EJ �!. I1: ) Lk `1V RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Best Incorporated for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 17th day of July, 2006, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None �h JEAN E� ONCINI, City Clerk File No. 16.01.166 City of San Rafael ♦ California Form of Contract Agreement for CITY HALL ROOF REPAIR AND HVAC REPLACEMENT -2006 Project No: 11084 This Agreement is made and entered into this17 day of 2006 by and between the City of San Rafael (hereinafter called City) and Best Roofing and Waterproofing, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: City Hall Roof Repair and HVAC Replacement - 2006, Project No. 11084 all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within forty-five 45 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM I EST (::::.::..ITEM NO ITEM.;:.;:.::.;.;::.::.... I QTY PRICE, $ J TOTAL, $ . ..iJNIT......... .............UNIT...... 1 Phase 1 LS 1 108,000.00 108,000.00 2 Phase 11 LS 1 254,000.00 254,000.00 3 Phase 111 LS 1 37,000.00 37,000.00 AGREEMENT • 1 9 rip V Grand Total 399,000.00 AGREEMENT • 2 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT • 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: L lam` - anne M. eoncini City Clerk , J CITY OF SAN RAFAEL: bertl3oro Mayor CONT TOR: ;4 .> L. - for BEST ROOFING AND WATERPROO NG, INC. File No.: 06.01.166 Mojitaba Tabazadeb, President AGREEMENT • 4 DATE (MM/DD/YY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 12;'01 2006 07124/2006 PRODUCER Lockton Insurance Brokers, Inc. THIS CERTIFICATE IS ISSUED AS A MATTERIF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 725 S. Figueroa Street, 35th FI. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License #0714705 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Ange es CA 90017 (213) 689-0065 r INSURERS AFFORDING COVERAGE INSURED INSURERA Continental Casualtv Company 1026952 Best Roofing and Waterproofing, Inc. — DBA Best Contracting Services, Inc I INSURER 8 National Union Fire Ins. Co. of PA 19027 S. Hamilton Ave I INSURER C. American Casual Co. of PA Gardena CA 90248 I INSURER DD : American Int'l SDecialty Lines THIS CERTIFIC�LOF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES BESR001 N3 INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO-ICIES. AGGREGATE LIMITS SHOW J MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YY) DATE IMM/DD/YY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE 5-� „I,000,000,,,_,_ A X COMMERCIAL GENERAL LIABILITY GL 2074967420 12/01/2005 12/01/2006 FIRE DAMAGE (Any one fir L $ _ 1000,000 _ I CLAIMS MADE FXI OCCUR MED EXP (Anv one person) $ Excluded X Contractual I PERSONAL &ADV INJURY $ 1,000.000 X XCU Coverage I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPPLIE�jS PER I PRODUCTS - COMP/OP AGG I $ 2,000,000 7 POLICY I x]JECOT I I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BUA2074967417 12/01/2005 12/01/2006 (Ea accident) ALL OWNED AUTOS --- BODILY INJURYI S XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON -OWNED AUTOS (Per accident) X Coll. $500 PROPERTY DAMAGE $ XXXXXXX X Comp. $500 (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT I $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EAACC I $ AUTO ONLY: XXXXXXX AGG I $ XXXXXXX EXCESS LIABILITY I EACH OCCURRENCE $ 5,000,000 B 7 OCCUR F—I CLAIMS MADE BE 7227433 12/01/2005 12/01/2006 I AGGREGATE $ 5,000,000 I I $ XXXXXXX UMBRELLA a DEDUCTIBLE FORM I I $ XXXXXXX RETENTION $ 10,000 I I $ XXXXXXX C WORKERS COMPENSATION AND WC 2 74967756 12/01/2005 12/01/2006 X TO )LUMITSTATU- OTH- C EMPLOYERS' LIABILITY WC 2 74967773 12/01/2005 12/01/2006 E.L. EACH ACCIDENT $ 1.000_,000 _ C WC 2 74967787 12/01/2005 12/01/2006 IE.L. DISEASE - EA EMPLOYEE $ 1,000,000 C WC 2 74967790 12/01/2005 12/01/2006 E.L. DISEASE -POLICY LIMIT I $ 1,000,000 D OTHER 1199111 12/01/2005 12/01/2006 Each Claim: $1,000,000 Pollution Liability Policy Aggregate: $1,000,000 SIR: $25,000 DESCRIPTION OF OPERATION S/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: City Hall Roof Repair and HVAC Replacement - 2006, Project No. 11084. The City of San Rafael, its officers, agents, and employees are Additional Insured under the General Liability per attached endorsement. CERTIFICATE HOLDER I X I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION 2624360 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Department of Public Works P.O. Box 151560 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL San Rafael CA 94915-1560 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i�� 1 ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed In the'Producer section above and specify the client code 'BES 0011. ©A ORD CORPORATION 1988 Policy Number: GL2074967420 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: The City of San Rafael, its officers, agents, and employees RE: City Hall Roof Repair and HVAC Replacement - 2006, Project No. 11084. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract' under DEFINITIONS (Section V) do not apply to "bodily Page 1 of 2 G140331 -A Policy Number: GL2074967420 injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: Page 2 of 2 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. PERFORMANCE BOND PUBLIC WORK Executed in Two Counterparts Premium $ 2,793.00 Final Premium is based Bond No. 0431427 on Flnai Contract Amount KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of San Rafael, as Obligee (hereinafter called the OWNER), has awarded to BEST ROOFING AND WATERPROOFING. INC., as Principal (hereinafter called the CONTRACTOR), a Contract for the: CITY HALL ROOF REPAIR AND HVAC REPLACEMENT -2006 PROJECT NO. 11084 WHEREAS, the said CONTRACTOR is required under the terms of the said Contract to furnish a Bond for the faithful performance of said Contract. NOW, THEREFORE, THESE PRESENTS WITNESSETH: That we, the Contractor and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation duly organized and existing under the laws of the State of New Jersey, and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are held and firmly bound unto the said OWNER in the Penal Sum of THREE HUNDRED, NINETY-NINE THOUSAND AND N0/100 Dollars ($399,000.00) lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) of the total amount payable by the terms of said Contract, for the payment of which sum well and truly to be made the said CONTRACTOR and the said Surety 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 above bounden CONTRACTOR, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, including guarantees, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said OWNER and its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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, or to the work to be performed thereunder, or to the drawings or the specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. Whenever the CONTRACTOR shall be, and be declared by the OWNER to be in default under the contract, the OWNER having performed its obligations thereunder, the Surety shall promptly remedy the default, or shall promptly complete the contract in accordance with its terms and conditions, or shall promptly obtain bids for completing the Contract according to its terms and conditions, and upon determination by the OWNER and the Surety, jointly, of the lowest responsible bidder, arrange for a Contract between such bidder and the OWNER, and make available as the work progresses sufficient funds to pay the cost of completion, less the total amount payable by the OWNER to the CONTRACTOR under the Contract and any amendments thereto (less the amount already properly paid by the OWNER to the CONTRACTOR); but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the aggregate sum specified in this Bond. No right of action shall accrue under this Bond to or for the use of any person or organization other than the OWNER named herein or its heirs, executors, administrators or successors. IN WITNESS WHEREOF, this instrument has been duly executed by the CONTRACTOR and the Surety this ;-9G day of C�_, J t, , 2006. (To be signed by Contractor and Surety, and acknowledgement and N tar Seal attached) Best Roofin W terproofing Inc DBA Bes� tract'ng Services Inc (Witness) (Witness) ** See Attached Surety All—Purpose Notary Acknowledgment Form (Seal) Title International Fidelity Insurance Company Surety r (Seal) By. Attorney -in -)act , Mar(. ShreckenQast Mailing address of Surety: 1575 Treat Boulevard, Suite 208, W APPROVED AS TO SUFF Y. APP Andrew J. Preston, i ngineer (wry T. Ragghia 1,�e 2 Creek, CA 94598 iY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 14, 2006 ,before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L, HANNA E COMM. * 1452703 NOTARY PUBUC, CJUF0pNU1 3 LOS ANGELES COUNTY ++ My Comm. Egkss Novt 23,2W Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the 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 seal. Signature of Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual Corporate Officer - Title(s): Partner- Limited _General X Attorney -in -Fact _Trustee _Guardian Other: Signer is Representing: Number of Pages PAYMENT BOND PUBLIC WORK Executed in Two Counterparts Premium: Included in Performance Bond Bond No. 0431427 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of San Rafael, as Obligee (hereinafter called the OWNER), has awarded to BEST ROOFING AND WATERPROOFING. INC, as Principal (hereinafter called the CONTRACTOR), a Contract for the: CITY HALL ROOF REPAIR AND HVAC REPLACEMENT -2006 PROJECT NO. 11084 WHEREAS, pursuant to law, the said CONTRACTOR is required before entering upon the performance of the work to file a good and sufficient Bond with the body by whom the Contract is awarded to secure the payment of claims of laborers, mechanics, material suppliers and other persons to whom reference is made in Section 3181 of the Civil Code of the State of California. NOW, THEREFORE, THESE PRESENTS WITNESSETH: That we, the Contractor and INTERNATIONAL FIDELITY INSURANCE COMPANY,. a corporation duly organized and existing under the laws of the State of New Jersey, and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are held and firmly bound unto the said OWNER in the Penal Sum of THREE HUNDRED, NINETY-NINE THOUSAND AND N0/100 Dollars, ($399,000.00) lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) of the total amount payable by the terms of said Contract, for the payment of which sum well and truly to be made the said CONTRACTOR and the said Surety 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 above bounden CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay any claimant named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR or his Subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety on this Bond will pay the same in an amount not exceeding the aggregate sum herein above set forth, and also, in case suit is brought upon this Bond, will pay a reasonable attorney's fee to be fixed by the Court, taxed as costs and awarded to the prevailing party in said suit. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the conditions of this Bond be fully performed, then the obligation hereunder shall become null and void; otherwise it shall be and remain in full force and effect. 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, or to the work to be performed thereunder, or to the drawings or the specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. This Bond is executed and filed to comply with the provisions of an act of the Legislature of the State of California as designated in the Civil Code, Sections 3247 to 3252, inclusive, and all amendments thereto. IN WITNESS WHEREOF, this instrument has been duly executed by the CONTRACTOR and the Surety this _;lG day of/�j, , 2006. (To be signed by Contractor and Surety, and acknowledgement andXotarWeal attached) Best Roof' Waterproofing Inc DBA BestjU1011tr cting Services Inc (Witness) Contr3L, (Seal) Lve �aA A �m Title International Fidelity Insurance Company (Witness) Surety (Seal) ** See Attached Surety All -Purpose �v Notary Acknowledgment Form By. / �• — �= Attorney-in-Fct , Mark E/ Shreckengast Mailing address of Surety:1575 Treat Boulevard, Suite 208, Walnut ek, CA 94598 (/r APPRO D AS TO SUFFICIE Andrew J. Preston, City En ' er 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 14, 2006 before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L. HANNA COMM. # 1452703 U NOTARY PuBUC,CAUFOf4NIA ; Los ANGELES COUNTY My Comm. Expires Nov. 23, 2007 Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the 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 seal. (Y1.wt tlxea-� Signature of Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s): _Partner- Limited General X Attorney -in -Fact _Trustee _Guardian Other: Signer is Representing: Number of Pages Tel (973) 624-7200 .vOWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That IN'T'ERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ... ......... ........I......I........I.-_ .... 1..._ .-............................................................... ............................... ..................... ........................... ............ ... .......... ..._............... .............. MARK E. SHRECKENGAST, JOSEPH E. COCHRAN, JULIE M. ORMONDROYD Los Angeles, CA. ........ ------- - -- - - - its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity an other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule reggulation, contract or otherwise, and mdp the execution of such imtrument(s) in pursuance of these presents, shall be as bmg upon the said IN'TNEUtIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them 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, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney 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 and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and bindidg upon the Company in the future with respect to any bond or undertaking to which it is attached. O IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �TY INF r/ signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. ' O�PaRq!• �= INTERNATIONAL FIDELITY INSURANCE CO pNY SEAL ` CIS m STATE OF NEW JERSEY y 9G4' O County of Essex y'1E�`' 3` \/ 4 1 Secreta On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. �AR�G IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CO NOTARY O — �_ — L• PUBLIC JEf�S� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attomey, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 14th day of August 2006 4(n�tl _' Assistant Secretary