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HomeMy WebLinkAboutCC Resolution 11638 (Street Resurfacing)RESOLUTION NO. 11638 RESOLUTION AWARDING THE CONTRACT FOR STREET RESURFACING 2003/2004, PROJECT NO. 11024-02, TO GHILOTTI CONSTRUCTION CO., IN THE AMOUNT OF $909,490.86. WHEREAS, on the 14`h day of September, 2004, 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: "STREET RESURFACING 2003/2004" PROJECT NO. 11024-02 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Construction Co. 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 Ghilotti Construction Co. 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 Ghilotti Construction Co. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Ghilotti Construction Co. 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 20th day of September, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAWE M. LEONCESU, City Clerk File No. 16.06.56 STREETS TO BE RESURFACED Note: Streets are listed in alphabetical order and not in the order in which they would be resurfaced. 11D 1 12 13 14 15 16 I 7 8 19 110 I11 112 113 114 115 116 117 118 19 20 21 122 STREET Bayview Street Clark Street Elizabeth Way Fairhills Drive Greenwood Avenue Idlewood Place Jones Place Knoll Road Madrona Street Marin Street Maywood Way Octavia Street Pepper Way Redwood Drive Reservoir Road Ridgewood Drive Ridgewood Drive Ross Street Sierra Circle Upper Fremont Valley View Drive Woods Street FROM D Street Ross Street Forbes Avenue Forbes Avenue Clark Street Fairhills Drive Welch Street Reservoir Road Greenwood Avenue San Rafael Avenue Oakwood Drive C Street Fairhills Drive Greenwood Avenue Clorinda Avenue Vista Wood Way Los Altos D Street Greenwood Avenue Fremont Road Fairhills Drive Ross Street TO Clark Street End of street Ridgewood Drive Valley View Ave. Madrona Street End of street End of street Cul de sac (end) Clorinda Avenue Clayton Street Maywood Way Woodland Ave. Cul de sac (end) Cul de sac (end) Cul de sac (end) Maywood Way Fire road (end) Reservoir Road Cul de sac (end) End of street End of street End of street City of San Rafael • California Form of Contract Agreement For Street Resurfacing 2003/2004 This Agreement is made and entered into this 20th day of September, 2004 by and between the City of San Rafael (hereinafter called City) and Ghilotti 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: Street Resurfacing 2003/2004, 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. IV - 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 $500.00 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. V - 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 ITEM NO. ITEM 1 Mobilization 2 Asphalt Concrete Overlay (Type A) 3 Cold Planing 4 Fabric Reinforcement 5 Deep Lift Patching Thermoplastic Traffic Stripes & 6 Pavement Markings 7 Crack Sealing 8 A.C. Benn/Dike 9 Adjust Manhole Castings to Grade Adjust Rodholes and Monument 10 Castings to Grade 11 Traffic Control 12 Wheelchair Ramp Installation EST UNIT UNIT ITEM QTY PRICE, $ TOTAL, $ 1 LS 15,000.00 15,000.00 8,926 TON 67.50 602,505.00 38,306 SY 2.00 76,612.00 23,997 SY 0.88 21,117.36 1,361 SY 38.50 52,398.50 1 LS 25,600.00 25,600.00 1 LS 15,000.00 15,000.00 2,263 LF 6.00 13,578.00 91 EA 365.00 33,215.00 29 EA 285.00 8,265.00 1 LS 12,000.00 12,000.00 19 EA 1,800.00 34,200.00 Grand Total $909,490.86 VI - 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. VII - 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 AGREEMENT 0 2 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 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. (d) 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: anne M. Leoncini City Clerk ..l APPROVED A(S!6(FDRM: r�Gary T. Rag g�i nti City Attorn� CITY OF AN RAFAEL: 77 Albert Boro Mayor GHIL6 :O STR �1fSN CO.: Richard W. Ghilotfl resident T1 CONSTRUCTION MilPAff for AGREEMENT • 3 Client#: 15856 GHILOCON ACORD,. CERTIFICA'i ; OF LIABILITY INSUR .NCE DATE 09/28/040nYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF I FORMATION USI Northern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1670 Corporate Circle, #201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 Petaluma, CA 94955-4409 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Virginia Surety Company, Inc. 19445 Ghilotti Construction Company, Inc. INSURER B: National Union Fire Ins Co - Pittsbu 246 Ghilotti Avenue I INSURER C: Santa Rosa, CA 95404 I INSURER D: 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. INSLTR ADD'L TYPE OF INSURANCE POLICY NUMBER DATE IMMICY FDDfYYYI POLICY (MM/ D/YY�N LIMITS LTR INSRC A GENERAL LIABILITY 1 CG50128100 02/01104 02/01M EACH OCCURRENCE $1.000,000 X COMMERCIAL GENERAL LIABILITY PREMISESS (RENTED I DAMAGE PREMISES occurrencet $100,000 CLAIMS MADE 51 OCCUR I MED EXP (Any one person) $10,000 X XCU Included I PERSONAL & ADV INJURY $1,000,000 X ContractualLiab I GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $2,000,000 POLICY n PRO- JECT n LOC A AU-OMOBILELIABILITY 1CA50128200 02/01/04 02/01/05 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X Drive Other Car PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS/UMBRELLA LIABILITY BE1647810 02/01/04 02/01/05 EACH OCCURRENCE $4,000,000 X1 OCCUR FICLAIMS MADE I AGGREGATE $4,000,000 � I$ I Is DEDUCTIBLE Is X RETENTION S10000 A WORKERS COMPENSATION AND 1 CW50113000 10/01/03 10/01/04 WC STATU- OTH- X I TORY LIMITS ER EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYED $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT 1 $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Cancellation: Except for ten day notice for non-payment of premium. RE: Job #5046, Street Resurfacing 2002/2003 Project #11024-02. City of San Rafael, its officers, agents and employees are named as Additional Insureds per the attached GL endorsement. CERTIFICATE HOLDER City of San Rafael, Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25 (2001/08) 1 of 2 #S64711/M61753 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLJZp J IZJ§i[MAIL -In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JZDZJ(4diI4i1[iRJJGJQ10X�fC{J6DGX X4P1 XRX4iJO3EMjiKi[9iXRK)0XR=XIORXDC4CMXR)QRQNCRI+a(K3=JtXY3VA3PFC xjORXXX xR*M)i:K e[=2X ,1 AUfHdRIZED REPRESENTAT V R9S © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S64711/M61753 Insured: Ghilotti Construction Company, Inc. Policy Number: 1CG50128100 Commercial General Liability CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket Additional Insured as Required by Written Contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Primary Insurance: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance. CG 20 10 03 97 Copyright, Insurance Services Office, In., 1996 Page 1 of 1 Fa SAFEC®° CONTRACT BOND - CALIFORNIA FAITHFUL PERFORMANCE - PUBLIC WORK EXECUTED IN TRIPLICATE MILLENNIUM CORPORATE PARI( BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 Bond #6306529 Initial premium charged for this bond is $4093.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That GNILOT[i CONISTRUCTION COMPANY of 246 GHILOTTI AVENUE_ SANTA ROSA. CA 95407 as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL P. 0. BOX 151560 SAN RAFAEL, CA 94915-1560 in the sum of NINE HUNDRED NINE THOUSAND FOUR HUNDRED NINETY & 86/100 ONLY ^'\^,A A*&AA\ *&A1,\A,:rAAAdA1,+AA\:;AAL/./ «�\u4JW:AAAAw««««««« l:.�A.:«««««+1dAc.:««««A:+MAr►v1�:�//��.:-«:+\►Ad:.:rA•\d \J.i.«««J4J1.:«««««:a�A�:. Dollars ($ $909,490.86 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated SEPTEMBER 20 2004 , with the CITY OF SAN RAFAEL to do and perform the following work, to -wit: STREET RESURFACING 2003/2004 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation sball be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 20th day of SEPTEMBER , 2004 GHILQR41,7�4NSTRUCjiON COMPANY BY: chard W. Ghilotti f P' ESldent. Principal SAFECO INSURANCE COMPANY OF AMERICA B JANeB. PILGARD Attorney -in -Fact 5-0815/SAEF 10/99 ® Registered trademark of SAFECO Corporation. STATE OF CALIFORNIA} COUNTY OF SACRAMENTO} ALL-PURPOSE CERTIFICATE ss On 8EP 2 0 before me, Kathy Rangel, a notary public, personally appeared Jana B. Pilgard, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. U KATHY 'ANGEL C0Pji`1."1290841 a7 c ItOWZY PUBLIC o CALIFORNIA 0 r' SACRANI,EN 10 COUNTY Comm. Exp JAN. 14, 2005 {.-1 ti `t'•�'L ..-.yam �•.J-•fV'1r'.'J.'`.'"WY�� S,AFECO' CONTRACT BOND - CALIFORNIA PAYMENT BOND EXECUTED IN TRIPLICATE KNOW ALL BY THESE PRESENTS, That we, MILLENNIUM CORPORATE PARK BLDG.0 18400 NE UNION HILL ROAD REDMOND, WA 98052 Bond #6306529 PREMIUM INCLUDED GHILOTii CONSTRUCTION COMPANY and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL P. 0. BOX 151560 ' SAN RAFAEL. CA 94915-1560 , as Obligee, in the sum of NINE HUNDRED NINE THOUSAND FOUR HUNDRED NINETY A 86/100 ONLY :+A'%VAi..:"AAA wv.•AAI.:riYA:.A1;'A+/w1 &AAQA&AAAFAA:.A':.Aat Dollars ($ $909,490.86 for the payment whereof, well and holy to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 20th day of SEPTEMBER 2004 , with the Obligee to do and perform the following work, to -wit: STREET RESURFACING 2003/2004 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under 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. Signed, sealed and dated this 20th No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. day of SEPTEMBER , 2004 GHILOTTIt��,hard UCTI N�MPANY Principal BY: W. (2,ti "Otti SAFECO INSURANCE COMPANY OF AMERICA BY JANA �PILGARD Attomey-in-Fact 0616/SAEF 10/99 O Registered trademark of SAFECO Corporation. STATE OF CALIFORNIA} COUNTY OF SACRAMENTO} ALL-PURPOSE CERTIFICATE ss On SEP Z 0 , before me, Kathy Rangel, a notary public, personally appeared Jana B. Pilgard, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t iu1THY RANGEL COMM'. ;t 1290841 i`- .',�"•„• NOT.;R•r P UBLIC o CALWORWIA n SACF,AMENTO COUIJTY E:cp. J id. 14 2005 S A F E C a POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 5490 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********ROBERT D. LAUX; DONA LISA BUSCHMANN; J. BUSCHMANN; SUSAN FOURNIER; JANA B. PILGARD; KATHY RANGEL; Sacramento, California********* its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of April R.A. PIERSON, SECRETARY MIKE MGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: , 2002 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this PO CORPORATE SEAL y SEAL Of WAS H��a S-0974/SAEF 2/01 20th day of SEPTEMBER 1 2004 R.A. PIERSON, SECRETARY O A registered trademark of SAFECO Corporation 04/24/2002 PDF EXHIBIT B IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 9096 of losses caused by certified acts of terrorism that exceed a statutorily established deductible fo be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of ail losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S 6248 2/03