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HomeMy WebLinkAboutCC Resolution 12057 (Rollingwood Ditch Retainig Wall)RESOLUTION NO. 12057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR ROLLINGWOOD DITCH RETAINING WALL, PROJECT NO. 11088, TO MASSA CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $324,160 WHEREAS, on the 29`h day of August, 2006, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or 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: "ROLLINGWOOD DITCH RETAINING WALL" PROJECT NO. 11088 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Massa Construction Company, Inc. 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 therefor; NOW, THEREFORE, BE IT RESOLVED that the bid of Massa Construction Company, Inc. and the same is hereby accepted at said unit prices and that _. o A the contract for said work and improvements be and the same is hereby awarded to said Massa Construction Company, Inc. at the unit prices mentioned in said bid. BE IT FURTHER RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Massa Construction Company, Inc. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED 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, 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 on Monday, the 18`h day of September, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEASAINTE M. LEONCINI, City Clerk File No.: 08.02.248 City of San Rafael ♦ California Form of Contract Agreement for ROLLINGWOOD DITCH RETAINING WALL Project No: 11088 This Agreement is made and entered into this 181h day of September 2006 by and between the City of San Rafael (hereinafter called City) and Massa Construction Company (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: Rollingwood Ditch Retaining Wall and Project No: 11088, 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 seven (7) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within thirty (30) 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. AGREEMENT • 1 UJ P 7 NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1 1. Mobilization 1 LS 'Cz 20,000.00 = 20,000.00 2. 24' Long Soldier Pile 23 EA @ 4,000.00 = 92,000.00 Installation 3. 32' Long Soldier Pile 6 EA @ 6,200.00 = 37,200.00 Installation 4. 6' High Wall Construction 138 LF @ 920.00 = 126,960.00 5. 8' High Wall Construction 30 LF @ 1,600.00 = 48,000.00 GRAND TOTAL BID $ 324,160.00 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. AGREEMENT • 2 (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. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Y�ne M. L . eanne M. Leoncini City Clerk Al2 CITY OF AN RrAFAEL: Albe Bor6 Mayor CONTRACTOR: A cm � n �%`-'1l for lN`�\�5k aK)5 -D CD I �)C AGREEMENT • 3 ACCRA DATE (MM/DD/YYYY) CERTIFICAT. OF LIABILITY INSURAN OP ID . MAOPID 10/02/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDS INSURANCE BROKERAGE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1447 Fourth Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Rafael CA 94901- Phone:415-485-1700 Fax:415-485-1866 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: NIC Insurance Company INSURER B: Unigard Insurance Company 25747 Massa Construction Company INSURER C: P. 0. BOX 150097INSURER D: San Rafael CA 94915 INSURER E: COVERAGES 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IKaK'AUU u POLICY NUMBER LTR INSRI; TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRAi7ION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY SF06CGL00135800 UAMAUL I U Kt:N I tU 03/01/06 03/01/07 PREMISES(Ea occurence) $100,000 CLAIMS MADE FX] OCCUR I MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY I $ 1,000,000 GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I $ 1,000,000 POLICYF–] PJn LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I$ 1,000,000 B X ANY AUTO BA616518 04/22/06 04/22/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1$ ANY AUTO OTHER THAN EA ACC I $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ —1 OCCUR EICLAIMS MADE I AGGREGATE Is I Is DEDUCTIBLE I I $ RETENTION $ I I $ WORKERS COMPENSATION AND I I TORY LIMITS I I ER EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT I $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEEI $ If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT I $ OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROASIONS it is hereby Understood and agreed that the City of San Rafael its officers agents & employees property owner at 47 & 51 Rollingwood Drive are additional insured hereunder but only as respects liability arising out of land and/or property and/or work described inn the Public Works Contract for the project entitled, Rollongwood Ditch Retaining Wall and Project No:11088 CERTIFICATE HOLDER The City of San Rafael Department of Public Works P.O. Box 151560 San Rafael CA 94915-1560 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL =MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE , AA§IMMXX T ORIZED REPRESEN Richard Bol s ft"D CORPORATION 1988 BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to 'bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words 'you" and 'your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. E. Primary Wordinq If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. F. Waiver of Subroqation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'your work" done under a contract with that person or organization. ANF -ES 043 (312006) Producer Copy POLICYHOLDER COPY NC STATE P.O. BOX 420807, SAN FRANCISCO,CA 9414270807 COMPENSATION INSURANCE FUND V D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-26-2006 GROUP: 000315 POLICY NUMBER: 0000882-2006 CERTIFICATE ID: 61 CERTIFICATE EXPIRES: 10-01-2007 10-01-2005/10-01-2007 CITY OF SAN RAFAEL NC DEPARTMENT OF PUBLIC WORKS PO BOX 161560 SAN RAFAEL CA 94915-1560 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the emp•oyer named bolow for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - KENNETH G MASSA PRES SEC TREAS - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER = r" for * ur • cincjlt; MASSA CONSTRUCTION COMPANY, INCORPORATED (A CORP) DBA: MASSA CONSTRUCTION COMPANY PO BOX 150097 SAN RAFAEL CA 94915 [LDG,CNI IREV.2-05) PRINTED : 09-28-2008 California: BCX-ADS 1200 Bayhill Drive Affyy� q RTy� Suite 120 PE11RIFOR V�Ll'll�( CE �?®l� D (b 0) 583 -San 81009 066 incsu�uuvcF California Public Works (650) 5F45-CBIC Toll ree 83 558 FAX (800) 846-CBIC FAX Toll Free Bond No: BA8 5 3 7 Premium: ,$ 5, 8 6 2. 0 0 KNOW ALL MEN BY THESE PRESENTS, That we, Massa Construction Company, Inc. called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto City of San Rafael called the Obligee, in the sum of _Three Hundred Twenty Four Thousand One Hundred Sixty and no/100--- 324 160.00----- Dollars ($ ) for the payment whereof said Principa' and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the 18th day of SePtember . 2 0 06 with the Obligee to do - and perform the following work,, to -wit: Project No: 11088; Rollingwood Ditch Retaining Wall. r ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no otherperson or entity has any rights a,Qaiust this bond; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier, and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said liability is imposed by statute, common law, oris imposed by the Contract It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract_ Signed and sealed this 18th day of September .20 06 Principal: s ConsVuctlon Company, Inc. CONTRACTORS BONDING AND INSURANCE COMPANY By: By: _ Attomey-in-Fact Wesley B. Hong BndSFPP 04-CA022196 California: 1200 Bayhill Drive Suite 120 San Bruno, CA 94066 (65b) 583-8100 (800) 945-CBIC Toll Free (650) 583-8558 FAX (800) 846-CBIC FAX Toll Fr KNOW ALL MEN BY THESE PRESENTS, That we, Massa Construction Company, Inc. called the Principal, and CONTRACTORS BONDLNG AND INSURANCE COIvTANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto City of San Rafael called the Obligee, in the sum of Three Hundred Twenty Four Thousand One Hundred Sixtv and no 1100 --- Dollars ($ 324,160.00------ (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. tiV-F EREAS, the Principal has entered into a contract dated the 18th day ofSePtember _ 2 0 06 with the Obligee, for Project No: 11088; Rollingwood Ditch Retaining Wall. ("Contract"); NOW, THQEFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, oramounts due underthe UnemploymentInsurance Code withrespect to workorlaborperformedunder the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assitips) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond_ 2. It is a condition precedent to claim upon this bond that claimant has given the 90 -day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit may be brought on this bond unless commenced before the expiration of six months after the period in which stop notices may be fixed as provided in Civil Code Section 3184. 4- If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim_ 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid_ . Signed and sealed this 18th day of September 20 06 Principal) a ";ons ion Company, Inc. CONTRACTORS BONDP GANDINSURANCECON2AIYY By: By: _ Attorney -in -Fact Wesley B. Hong BndSIYP.04-CA022196 eavos POB Home Office: Valley Street PO Box 9271 Limited Power of Attorney Seattle, WA 98109-0271 (206) 628-7200 INSURANCE KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint WESLEY B. HONG, of Foster City, California, its We and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no Attomey-in-Fact shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Attomey-in-Fact shall have the authority to issue a bid or proposal bond for any project where, ff a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6,000,000; and to bind the Company thereby as fully 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 Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on May 20, 2004: RESOLVED that the President of the Company is authorized to appoint any person as the Company s true and lawful Attorney-in-Fact with power and authority to execute and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shall be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Atomey-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000. Any Atomey4n-Fact authorized to execute a surety bond or undertaking may also be authorized to execute any consent or other documentation incidental to said bond or undertaking, provided such document does not obligate the Company in excess of the limit set forth above. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authen0cily, and effectiveness of the foregoing resolution in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as t signed by the Secretary of the Company: Terry N. Thompson, Luther L. Hicks, William K. Barbour, Diana Hollingsworth, John T. Pieprzny, Mary Beth Koslyk, Rita A. Miller, Gregory P. Bruno, Dorothy Tarka, Michael J. McVey, Phyllis K. Jefferies, Will Finan, Wesley B. Hong, John D. Minto, Brian Schick, Eric Sirkin, Chris Rebum, Mark Noma, Wm. Blau Meixell, Julie A. Durkin, Yolanda Urrutia, Vickie Spence, Mike Castaneda and Maureen Saccio. Provided, however, that no such person shall have the authority, to certify the authenticity, of a resolution or Limited Power of Allomey document which serves 10 appoint themself as Atomey-fn-Fact RESOLVED FURTHER that the signatures (including certification that the Power of Atomey is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attomey itself and its transmission, may be by facsimile; and such Limited Power of Attomey shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Aftomey-in-Fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal �� be hereto affixed this 27th day of October, NII a�u zoos. 0����(, MID 00, �y •.•`• CONTRACTORS BONDING AND INSURANCE COMPANY h ��P�qq. :.:SEAL:; By:.979,,,. �. Don Sirkin, President •.,h�gSyiNpt���.•`" STATE OF WASHINGTON — COUNTY OF KING 8xaxO1rrrsx,,, On this 201h day of October, 2005, personally appeared DON SIRKIN, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Affomey. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fust above written.$COit .._Q.A =�1j1oN hh lob ll' ( bw& V iNs ��s��u 2S Notary Public in and for the State of Washinglon, residing at Seattle /lyy/IFO� wAg�``►`` The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or inIieh�ii116L4SFDa'� of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Atomey issued by said Company, and does hereby further certify that the said Power of Atomey is still in force and effect GIVENundermyhandal San Bruno, CA, this 18th day of September .20 06 ✓w^ • T PoaDS01.%US102705 Bond No: BA8 5 3 7 a1. b I 1..111.;111,.111111 a1.11a 11 i'd:, I I 111.11111 a..11. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Mateo On September 28, 2006 before me, personally appeared Wesley B_ Hong Deborah C. Robinson, Notary Public Name and Title of officer (e.g., "Jane Doe, Notary Public") 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 REBOftt1lt C. ROBINSONhis/her/their authorized capacity(ies), and that by his/her/their r „•`�` C01101,11.Nr 1''11Ma - �n`=`; Notary Puh31c-California signature(s) on the instrument the person(s), or the entity upon Uj SAN MATED COMM behalf of which the person(s) acted, executed the instrument. =,!: 110y Comm. Exp. May 20, 2007 - ��'' WITNESS my hand and official seal. Signature of Notary Public - OPTIO,VAL Though the information below is not required by law, if 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: Bond No: BA8537/Massa Construction Company, Inc. Document Date: September 18, 2006 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Wesley B. HonQ ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General Pq Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Contractors Bonding and Insurance Company Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact „_ _ _ , ❑ Trustee ❑ Guardian or Conservator Top of Thumb here ❑ Other: Signer Is Representing: -1'C � 1�' - N, Top of Thumb here 1. i 1a .1, .ii_.1.L c .... 1 i A. I. 1.1111 L...l... 6.Ii.1. i.1a.1.e..111 .1111. 61 i6-.. .. 1.. L&&11.1.11. .11.1. i. 11 1.... L'1..11. i.1�_i1. 11� 4i i1i ..11 R