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HomeMy WebLinkAbout04 - Surveillance Monitoring & Recording System for Balboa Yacht BasinCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949- 644 -3002, dkiff @city.newport- beach.ca.us Harbor Resources Division (City Manager's Office) Tom Rossmiller, Harbor Resources Manager 949 - 644 -3041, tossmiller@city.newport- beach.ca.us SUBJECT: Purchase of Surveillance Monitoring and Recording System for the Balboa Yacht Basin ( "BYB "); Contract with Post Alarm Systems ISSUE: The Harbor Resources Division of the City Manager's Office is requesting that the City Council authorize a contract for $31,695.00 for equipment and installation of a surveillance monitoring and recording system at the BYB from Post Alarm Systems. RECOMMENDATION: That the City Council: 1) Authorize the purchase and the installation of the alarm system as proposed at the bid price of $31,695.00. 2) Authorize the Harbor Resources Manager to execute a contract with Post Alarm Systems (C- 3783). DISCUSSION: Background: The Balboa Yacht Basin is a City owned and operated property with a 174 slip marina, 45 garages, 3 apartments, 2 offices, a yacht club, restaurant and a shipyard. With the high volume of traffic of both cars and people, it is sometimes difficult to monitor all of Purchase of Alarm System at the Balboa Yacht Basin July 26, 2005 Page 2 the activities in the facility. There have been many thefts and acts of vandalism both in the marina and in the parking lot area in the recent months. Harbor Resources staff has contacted the Newport Beach Police Department and asked them to advise the Division on ways to deter and solve crimes committed in the marina. NBPD recommended a camera security system and improved access gates to the marina. The system essentially provides video surveillance and monitoring with the use of high resolution, low -light digital cameras equipped with non - obtrusive infrared lighting. The system is designed to be tied into our current computer network with controlled access to Harbor Resources staff and the facility may be monitored by the Police Department, if necessary. $65,000.00 was budgeted in the fiscal year 2004/2005 under Balboa Yacht Basin Security System. Due to the retirement of the Supervisor of the Basin, the project was delayed until now and the acting Marina Manager, Lorrie Arcese, has obtained bids and negotiated draft contract terms to move forward with the project. Three proposals were received for the project: 1. Honeywell - $9,116.00 for installation of the system, $75.00 per month for services and $298.80 for extended services. 2. Richardson Electronics - $23,156.00 and installation $4,650.00 by the Sierra Group with additional electrical installation, trenching and asphalt work by the City. 3. Post Alarm Systems - $31,695.00. Post Alarm Systems was chosen due to the higher quality specifications of the equipment that allow for higher quality viewing of activities on the property under low light that would allow for suspect and license plate identification, longer video recording times and recordings that can't be altered, and admissible court evidence. Also Post performs all the installation and there is no monthly service fee. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Funding Availability: $35,000.00 budgeted with account #2371 -8040. Alternatives: Continue without the added security or gate the facility and provide key card access, which is more costly and more restrictive for those in need of passage throughout the property. Prepared by: SIGNATURE Tom Rossmiller, Harbor Resources Manager Attachments: Post Alarm Systems Proposal Informal Contract No. 0002 Labor and Performance Bond Faithful Performance Bond Purchase of Alarm System at the Balboa Yacht Basin July 26, 2005. Page 3 Submitted by: SIGNATURE De A Assistant City anager Z wwrla W We Contract Encumbrance Project Title: Alarm System for the Balboa Yacht Basin CIP Budget Page # Vendor Name: Post Alarm Systems Vendor Address: 610 N. Santa Anita Ave. Arcadia, CA 91006 Phone: Project Manager. Tom Rossmiller Date: 5/27/2005 8:11 Vendor Number: n/a Description of Services: purchase and installation of alarm system at the Balboa Yacht Basin Additional Comments: Fund Division Project Number & Title Amount: Available Balance 2371 C2373771 BYB Security System $31,695.00 a a Total: $31,695.00 Bonus Provisions, Contingencies and Retentions Fund Division Project Number & Title Amount: Available Balance a a �L 7 � Project Mavager Sign rf � '_ . �,Z - l%7 /��� Date: 5/27/2005 8:11 Dept Authorization: Ny' Date: Administrative Services Department Authorization: i� POSE ALARM SYSTEMS 610 North Santa Anita Avenue Arcadia, CA 91006 A Tradition of Service Since 1956 Consumer Affairs License AC01843 *State Contractor's License 670585 Thomas W. Tobin (626) 786 -0649 or (909) 376 -2779 (Nextel) • UL- Listed Central Monitoring Station — Security and Fire Alarms • Computer -Based Card Access Control — Single or Multi -Site • Video Surveillance and Recording — Digital Recording — LAN, WAN, Internet • Residential Alarm Systems • Panasonic Telephone Systems Prepared For: Re: Dear Lorrie: February 10, 2004 City of Newport Beach Lorrie Arcese Revised June 7, 2005 (949) 673 -1761 Proposal — 3 pages total - Video Surveillance and Recording System (IP Ready) Thank you for the opportunity to present the enclosed proposal for video surveillance and digital recording. This proposal reflects the changes we have discussed over time, since the original proposal from February 10, 2004. It also includes the legal language that limits our liability, states that you understand that Post is not an insurer of your property or the personal safety of persons on your premises, and the amount you are paying to Post is based only on the value of the system we are providing. Please let me know if you have any questions, comments, or to schedule the work. As with many projects, we will be happy to work with you to refine the design and purpose of the system to most closely meet your practical and budgetary requirements. Tom (626) 786 -0649 Thomas W. Tobin (626) 786 -0649 ��5 PROPOSAL Schedule of Equipment Color High Resolution lydeo Surveillance and Remrding I. Video Surveillance and Recording System (Digital Recording, IP Ready) Digital Recorder and Video Multiplexer - 600 GB Hard Disk Drive Capacity (approximately 1 month recorded) - 16- Camera Ports Available - IP -Ready for Networking - Instant Search - Save images to your own PC, Zip Drive, CD, etc. - CD Writer built In 1 UPS for Recorder 1 19 -Inch High Resolution Professional Monitor (800 lines of resolution) 1 Camera Power Supply 6 Infrared Illuminators and Power Supplies 5 — Located at camera locations, illuminating docks 1 — Located at restaurant by camera, wide angle 6 Exterior Cameras — High Resolution, Low Light, Color (monochrome at night) 5mm — 40mm Varifocal, Auto Iris Lenses Roof or wall mounts as needed 5 — Observing Dock Area (100 -feet to 500 -feet from camera) from main row of buildings. Cabling run to main office by Post. 1 — Observing Main Entrance from Restaurant — no underground conduit — wide angle Purchase Price with equipment, installation and 1 -year warranty: $31,695 The following terms and conditions are part of this proposal, and will become part of the contract between the City of Newport Beach and Post Alarm Systems; Post is not an Insurer: Liquidated damages; limitation of liability; client understands that; (a) Post is not an insurer of client's property or the personal safety of persons in clients home or business; (b) it is the client's responsibility to provide any insurance on client's premises and its contents and any life, disability or health insurance for persons using or living in client's premises; (c) the amount client pays to Post is based only on the value of the system and service post provides; (d) alarm systems and the services Post may provide may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of client's property that might be lost, stolen or destroyed if the system or service fail to operate properly; (f) it is difficult to determine, in advance, how fast the Police or Fire Department or others would respond to a request for help; (g) it is difficult to determine, in advance, what portion, if any, of any personal injury or death would be proximately caused by Post's failure to perform, Post's negligence, or a failure of the system. Thomas W. Tobin (626) 786 -0649 t4wl 10 Therefore client agrees: Even if a court decides that Post's breach of this agreement, a failure of the system, Post's negligence, or a failure of the services to be provided by Post caused or allowed any harm or damage (whether property damage, personal injury or death) to client or anyone in client's home, client agrees that Post's shall be limited to the lesser of $250.00, as liquidated damages and not as penalty. And this shall be client's only remedy regardless of what legal theory (including without limitation, breach of contract, negligence, products liability or breach of warranty) is used to determine that post was liable for the injury or loss. Client may obtain a limitation of liability. If client wished, client may obtain a limitation of liability instead of the liquidated damages for an additional periodic fee. If customer elects this option, Post will attach a rider to this agreement which will set forth the amount of the limitation of liability and the amount of the additional charge agreeing to the limitation of liability does not mean that Post is an insurer of client, client's property, or third parties or their property. THIRD PARTY ACKNOWLEDGEMENT: There are no third party beneficiaries to this contract. END of PROPOSAL Thomas W. Tobin (626) 786 -0649 �/ / CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Post Alarm Systems, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: Informal Contract No. 0002 Project Description WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Informal Contract No. 0002, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty -one thousand, six hundred and ninety -five dollars ($31,695.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, r� (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lome Arcese (949) 644 -3034 (949) 723-0589 Fax CONTRACTOR Post Alarm Systems 610 No. Santa Anita Ave. Arcadia, Ca 91006 Attn: Thomas Tobin (626) 786 -0649 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractors insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractors insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof; ��J for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municip rporab By is Lii7 'tip -�� Tom Rossmil er, Harbor Resources Manager APPROVED AS TO FORM: CONT CT // CITY ATTORNEY Authorized Signature and Title d /O CITY OF NEWPORT BEACH HARBOR RESOURCES OMSION INFORMAL CONTRACT No. 0002 BOND NO. 69927919 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomaa, by motion adopted. has awarded to Post Alarm Systems, Inc. hereinafter designated as the " Principal," a contract for constnraion of Inforrttal Contract No. 0002 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are i=rpomted herein by this mzlarence. WHEREAS. Principal has executed or is about to execute Informal Contract Na. 0002 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth; NOW, THIMPFORE, We the undersigned Principal, and, WESTERN SURETY COMPANY duty authorized to transact business under the taws of the State of California, as Surety (refenr:d to herein as "Surety? are held firmly bound Unto the City of Newport Beach, in the sum of " One six Dollars($ 31,695.00 — lawful monoy of the United States of America, said sumElw � m 00 being equal to 100 estimated amount payablo by the Ciy of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, orassigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principals subcontractors, fail to pay for any materials, provisions, or other suppfies, implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for arty other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the U rampelcyis'it, t. ^.x."W ae Code Wth respect to such work and labor, then the Surety will pay forthe same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the CW Code of the State of California- The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section $181 of the Calftnfa Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond,. as required by and in accordance with the provisions of Sections 3247 et seq. of the Cord Code of the State of Calttomla. And Surety, for value received, hereby stiputailes and agrees that no change, extension of time, alterations or additions to the trims of the Contract or to the work to be performed thereunder or the specifications accompanying the same shaft in any wise affect its obligations on this Bond, D and it does hefeby waive ncfte of any such change, extervsian of time, etter-4ons or additions to the terms of the Contract or to the work onto Me spe� In MO event that any principal above named exeatted fttis Bond as an hdvidual. It is agreed tot the death of any such p6mipal shall not exonerate the Surety from Its obugations under this Bond. IN WITNESS WHEREOF, fhis�*ument has been duly amuted by ft Ptindpal and Surety, on the 20th day of June ' . 2005. _POST ALARM SYSTEMS, Inc. Contractor WESTERN SURETY COMPANY Name of Surety 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of $urety (605) 336 -0850 Telephone BY Authorized AgentSignatuf Prim Name and Tide NOTARY ACKNOMEOGNIENfS OF CONTRAC.'TORAND SURETY MUST BE ATTACHED THE Up; 174 W. Fo Monrovia, CF Tele. No. 62 STATE OF SOUTH DAKOTA County of Minnehaha SS On this 20th day of ACKNOWLEDGMENT OF SURETY (Corporate Officer) 200$ , before me, a Notary Public in and for said County, personally appeared personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o cial seal the day and year last above written. My commission expires Notary Public Form 103 -12 -98 /5 ALL-PURPOSE ACKNOWLEDGMENT State of ss. County of 7.05 2� e S On :'t 1 , 1 i 2too4�efore me, o �C_ ' I l t�\.A —I c, Name and TIHe of Offmer (...'.lane Doe, Notary hc') personally appeared �oSk Name($) of Signer(s) STORE hill Blvd. /7076 -2777 ss7 -7606 SHANNON BRILL N Comm. A 1361846 NOTARI PUBLIC - CALIFORNIA N Los Angeles County e V Comm hpita June 22.2006 Place Notary Seal Above e 51c proved to me on the basis of satisfactory evidence to be the person(4) whose name¢e) Wpm subscribed to the within instrument and acknowledged to me that he /%I!: h y executed the same in his /ha%*keir . authorized capacity(e&a , and that by hisA+w reir signature(,sc) on the instrument the person*, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. 2 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 Signer(s) other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here El Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association � 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 913134402 Prod No, 5907 Reorder: Catl Toll.Free 1 -800- 876 -6827 \L' Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. .Arp of Sioux Falls State of _South Dakota ,its regularly elected Assistant._- Secretary.. .. __. as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity bonds, Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or° change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its _ . Senior Vice President _ with the corporate seal affixed this 20th.__ _ .._ day of . June. 2005 ATTEST Assistant Secretary STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA I ss WEST N 2 URETX,130MPANY By. _ ...r!._ -- Paul T. Bruflat, enior Vice President On this 2_Oth..__. day of . June--. , before me, a Notary Public, personally appeared - -..._ ... Paul T. Brutlat- —. _ . ._ .... and . - -- A. Vietor .— .. who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as . . Senior Vice. President. and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +444444444444444444444444 f D. KRELL f r ^ NOTARY PUBLIC ^ s SOUTH DAKOTA SEAL i i SEAL +44444444444444444444444 � - - - - -' • '_"--'- -' " -- - - - My Commission Expires November 30, 2006 Notary Public Form 672-4 -2002 i7l CiTY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 BOND N0. 69927919 FAITHFUL PERFORMANCE BOND The premium Charges on this Bond is $ 951.00 being at the rate of $ per thousand of ttne Contract price. WHC-REA.S, the City Gourd of the C4 of Newport Beach, State of Calffwfh% by motion adopted, awarded to Post Alarm Systems, hereinafter designated as re - Prinbpar, a contract for construction of Informal Contract No. 0002 in the City of Newport Beach, in strict confbartfiy with the plans, drawings, specifications, and other Cord act Documents mairdained In the PubGe Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed ar is about to execute Informal Contract No_ 0002 and the terms thereof require the furnishing of a Bond for the fal hfui performance of the Contract; NOW, THEREFORE, we, the Principe), and WESTERN SURETY cOMPANY duty authored to transact business under the laws of the State of Calftnia as Surety r re f ,dud firmly bound unto the City of Newport Beach, in the sum of mt ,,rcM _ Dolars (S 31,695-00 ) lawful money or the United States of America. said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors. or assigns. jointly and severally, firmly by these present THE CONDITION OF THIS OEUI CATION IS SUCH, that if the Principal, or the Principal's heirs, exeaitors, administrata's, successors, .or assigns, fail to abide by, and well and truly keep and perform any or all the wort, covenants, contlWores, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless. the City of Newport Beach, its officers, employees and agents. as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and masonabie expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an acdon in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and. agrees that no change. extension of time, alterations or eddfdons to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond. and it does hereby waive notice of any such change, eudansion of time, alterations or additions of the Contract or to the wink or to the specifications. IJ This Faithful Perfarmanoe Bond shall be extended and maintained by the Principal in full fame and effect for one (1) yoar fa➢awmg the data or fa nW acceptance of the Pr *d by the C4. . In the event that the Principal exemited this bond as an irOMual, it is agreed that the death of arty such Principal sW not exonerate the Surety from its abkN t ns undetthis Bond. IN WTiNESS WHEREOF, this instrument has been duty mwted by the ncipat and Surety above named, on the 20th day of June • 2005. POST ALARM SYSTEMS, INC. Coronation WESTERN SURETY COMPANY Name of &wafy 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surety (605) 336 -0850 Telephone IM is � �...�r• a. Arp.AWLS= Print Name and Title NOTARYACKNOWt_EDGMENTS OF CONTRACTOR AND SURETY MUST eE ATTACHE -D THI 174 Mom Tele. STATE OF SOUTH DAKOTA County of Minnehaha SS On this 20th day of ACKNOWLEDGMENT OF SURETY (Corporate Officer) June 2005 , before me, a Notary Public in and for said County, personally appeared S. ft. li" t Sec. personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my written. My commission expires Form 103 -12 -98 name and affixed my o ial seal the day and year last above Notary Public ALL - PURPOSE ACKNOWLEDGMENT State of CC X, �o r (-\-, °' ss. County of On '2U Zoo S , before me, Date personally appeared UPS STORE V. Foothill Blvd. >: CA 91016 -2171 357 -7606 SHANNON BRILL Comm. N 1361846 NOTARY PUBLIC CALIFORNIA Los Angeles County MY Comm hgI¢s June 22.2006 Place Notary Seal Above and Title of Officer (e.g., -Jane Doe. 5i-'proved to me on the basis of satisfactory evidence to be the person(( whose name(44_is /a+e subscribed to the within instrument and acknowledged to me that he /sey executed the same in his /lae*A*reir . authorized capacity(49c), and that by his /tffWWeir signature(s�on the instrument the person(s), or the entity upon behalf of which the personA acted, executed the instrument. 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 Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1997 National Notary Association . 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth. CA 91313 -2402 [A Prod. No. 5907 Peerdec Call Toll -Free 1- 800 - 876 -6827 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Prp ... of Sioux Falls State of _South - Dakota its regularly elected ..Assistant_ Secretary as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity. policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to momfy or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. AII' bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporatena.me of the Company by the President, Secretary, any Assistant Secretary. Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior. Vice.. President ._ ., with the corporate seal affixed this 20th _ ____ . day of . June 2005 WES7f— NN �(` SURET OMPANY By -- ' 18^-- - - - -- - - -- Paul T. Brufiat, enior Vice President ATTEST ^ Assistant Secretary STATE OF SOUTH DAKOTA l ss COUNTY OF MINNEHAHA ) On this 30th.,_ —_. - day of ..June...__._ _. 2005 before me, a Notary Public, personally appeared Paul T. Bruflat and ._ _._.. -- A. Vietor_ who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as ._... __Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. Fyyyyyyyyyyyyyyyyyyyyyyyy F Jr D. KRELL Jr s EAL NOTARY PUBLIC S^FJ1L s s�SOUTH DAKOTAf FyyyyyyyyyyyyyyyyyyyyyyyF ._.. __. ... • `r� -..--� My Commission Expires November 30, 2006 Notary Public Form 6724-2002 n 'j:Ir Capital Projects and fracts Administration Contract Encumbrance Number] Project Title: Alarm System for the Balboa Yacht Basin Project Manages Tom Rossmiller C1P Budget Page # Date: 5/27/2005 8:11 Vendor Name: Post Alarm Systems Vendor Number n/a Vendor Address: 610 N. Santa Anita Ave. Arcadia, CA 91006 Phone: Description of Services: Additional Comments: and installation of alarm system at the Balboa Yacht Fund Division Project Number & Title Amount: Available Balance 2371 C2373771 BYB Security System $31,695.00 3 $ Total: $31,695.00 Bonus Provisions, Contirig ncies.:and Retentions Fund Dtvtsion Project Number & Title Amount: Available Balance 3 $ Pmject Manager Sigvat2,Z� '-'��� -/`—� Date: 5/27/30058:11 Dept Authorization: Date: Administrative Services Department Authorization: ta. POSt ALARM SYSTEMS 610 North Santa Anita Avenue Arcadia, CA 91006 A Tradition of Service Since 1956 Consumer Affairs License AC01843 * State Contractor's License 670585 Thomas W. Tobin (626) 786 -0649 or (909) 376 -2779 (Nextel) • UL- Listed Central Monitoring Station — Security and Fire Alarms • Computer -Based Card Access Control — Single or Multi -Site • Video Surveillance and Recording — Digital Recording — LAN, WAN, Internet • Residential Alarm Systems • Panasonic Telephone Systems Prepared For: Re: Dear Lorrie: February 10, 2004 City of Newport Beach Lorrie Arcese Revised June 7, 2005 (949) 673 -1761 Proposal — 3 pages total - Video Surveillance and Recording System (IP Ready) Thank you for the opportunity to present the enclosed proposal for video surveillance and digital recording. This proposal reflects the changes we have discussed over time, since the original proposal from February 10, 2004. It also includes the legal language that limits our liability, states that you understand that Post is not an insurer of your property or the personal safety of persons on your premises, and the amount you are paying to Post is based only on the value of the system we are providing. Please let me know if you have any questions, comments, or to schedule the work. As with many projects, we will be happy to work with you to refine the design and purpose of the system to most closely meet your practical and budgetary requirements. Tom (626) 786 -0649 Thomu W. Tobin (626) 786 -0649 11 PROPOSAL Schedule of E ui ment Color High Resolution lydeo Surveillance and Recording I. Video Surveillance and Recording System (Digital Recording, IP Ready) Digital Recorder and Video Multiplexer - 600 GB Hard Disk Drive Capacity (approximately 1 month recorded) - 16- Camera Ports Available - IP -Ready for Networking - instant Search - Save images to your own PC, Zip Drive, CD, etc. - CD Writer built In 1 UPS for Recorder 1 19 -Inch High Resolution Professional Monitor (800 lines of resolution) 1 Camera Power Supply 6 Infrared Illuminators and Power Supplies 5 — Located at camera locations, illuminating docks 1 — Located at restaurant by camera, wide angle 6 Exterior Cameras — High Resolution, Low Light, Color (monochrome at night) 5mm — 40mm Varifocal, Auto Iris Lenses Roof or wall mounts as needed 5 — Observing Dock Area (100 -feet to 500 -feet from camera) from .main row of buildings. Cabling run to main office by Post. 1 — Observing Main Entrance from Restaurant — no underground conduit — wide angle Purchase Price with equipment, installation and 1 -year warranty: $31,695 • The following terms and conditions are part of this proposal, and will become part of the contract between the City of Newport Beach and Post Alarm Systems: Post is not an Insurer. Liquidated damages; limitation of liability; client understands that; (a) Post is not an insurer of clients property or the personal safety of persons in clients home or business; (b) it is the clienes responsibility to provide any insurance on client's premises and its contents and any life, disability or health insurance for persons using or living in client's premises; (c) the amount client pays to Post is based only on the value of the system and service post provides; (d) alarm systems and the services Post may provide may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of client's property that might be lost, stolen or destroyed if the system or service fail to operate properly; (f) it is difficult to determine, in advance, how fast the Police or Fire Department or others would respond to a request for help; (g) it is difficult to determine, in advance, what portion, if any, of any personal injury or death would be proximately caused by Post's failure to perform, Poses negligence, or a failure of the system. Thomas W. Tobin (626) 786 -0649 'i' /� Therefore client agrees: Even if a court derides that PosCs breach of this agreement, a failure of the system, Post's negligence, or a failure of the services to be provided by Post caused or allowed any harm or damage (whether property damage, personal injury or death) to client or anyone in clienCs home, client agrees that Post's shall be limited to the lesser of $250.00, as liquidated damages and not as penalty. And this shall be clients only remedy regardless of what legal theory (including without limitation, breach of contract, negligence, products liability or breach of warranty) is used to determine that post was liable for the injury or loss. Client may obtain a limitation of liability. If client wished, client may obtain a limitation of liability instead of the liquidated damages for an additional periodic fee. If customer elects this option, Post will attach a rider to this agreement which will set forth the amount of the limitation of liability and the amount of the additional charge agreeing to the limitation of liability does not mean that Post is an insurer of client, clients property, or third parties or their property. THIRD PARTY ACKNOWLEDGEMENT: There are no third party beneficiaries to this contract. END of PROPOSAL Thom W. Tobin �D (626) 186 -0649 �� CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Post Alarm Systems, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work MASTER INFORMAL CONTRACT Informal Contract No. 0002 Project Description WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Informal Contract No. 0002, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'. The Contra Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty -one thousand, six hundred and ninety-five dollars ($31,695.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the Performance of the work, f - /,W (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. TICE n a:.... LO ti C. WRIii� EN NO �� hny written notice required ,,, be given under the Contra-, Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lome Arcese (949) 644 -3034 (949) 723-0589 Fax Post Alarm Systems 610 No. Santa Anita Ave. Arcadia, Ca 91006 Attn: Thomas Tobin (626) 786 -0649 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall fumish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by tiie Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation Ilmits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractors insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall net be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the `Non' or any part thereof; 2� J for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not iimited io, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attomeys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site. has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Muniap rporatio �y, / Tom Rossmi er, Harbor Resources Manager �14/ J/ J! APPROVED AS TO FORM: CITY ATTORNEY CON CTC�� / f Authorized Signature and Title �� 11 ri CITY OF NEWPORT BEACH PARBOR R5ZOURCES DIVISION INFORMAL CONTRACT No. 0002 BOND NO. 69927919 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport beach. State of California, by motion adopted, has awarded to Post Alarm Systems, Inc. hereinafter designated as the "Prindpal," a contract for construction of Informal Contract No. 0002 in the Gry of Newport Beach, in strict conformity with the plans, drawings, spe ifkz<tions and other Contract Coc urtents in the office of the Public Works Department of the City of Newport Beard, all of which ana in —_t,"omted herein by this +—rler2nce. WHEREAS, Principal has executed or is about to execute kRorrnai Contract Na_ 0002 and the terms thereof require the furnishing of a band, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, pro visions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, anti, WESTERN SURETY COMPANY duly authorized to transact business under the laws of the State of Cafifat'tia. as Surety odto herein as "Suretyi are held firmly bound unto the City of Newport Beach, in the sum of Six Dollars ($ 31, 695.00 l lawful money of tho United States of America said sum F ive being equal to 100:'0 of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executom and administrators, successors, orassigns, join%r and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principars subcontractors, fail to pay for arty matertals, provisions, or other supplies, implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any find, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Deparhnent from the wages of employees of the Principal an , �. , - f Section cf ,` ..mean+ I s'�iig Code Wit. ct d sc.1.M ntrac� pyre, "r. to eon 020 ,,, y;2 Une.-mp, , „_.,. , tas'�. to such work and labor, then the Suretywll pay forthe same, in an amount not exceeding the sum Specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond. a reasonable attorneys fee, to be foced by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shalt inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Secton 3181 of rho California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, -as required by and In accordance with the provisions of Sections 3247 et seq. of the C7r4 Code of the State of Caltfomla And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or addftlons to the terms of the Contract or to the work to be performed thereunder or the Specifications accanpanying the same shall in any wise affect its obligations on this Bond, j3 and it does hereby waive notice of any such change, e,-ension of time, alterations or additions to the terms of the Contract crto the work or to rite spectra In the event that any pdnc#1 above named executed fltis Bond as an indviduaf, It Is agraed t!-rat the death of any such principai shall not exonerate the Suety tram its obggations under this Bond. IN WITNESS WHEREOF, this instrument has been duly ex_arted by the abovelnamed Prin#al and Surety, on the 20th day of June 2005. j POST ALARM SYSTEMS, Inc. Contractor WESTERN SURETY COMPANY Name of Surety 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surety (605) 336 -0850 Tatephone BY Authortzed Stgnaturefrige BY: k6 ad) AuthorLzA Agent Signatu R ft, AS't SEC. Print Name and Title NOTARY ACKNOY4LEDGMEN TS OF CONTRA=RAND SURETY MUST BE ATTACHED THE Up! 174 W. Fo. Monrovia, CA Tele. No. 62t STATE OF SOUTH DAKOTA County of Minnehaha SS On this 20th — day of ACKNOWLEDGMENT OF SURETY (Corporate Officer) 2005 , before me, a Notary Public in and for said County, personally appeared B. Arp, Ant Sm personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal aYiixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o cral seal the day and year last above written. My commission expires �� %;f /} Form 103 -12 -98 /97 Notary Public -2�5 ALA. - PURPOSE ACKNOWLEDGMENT State of CC4\r vorr\l c ` Gs. County of I -, arc eie s On oc>$efore me,o Date Name and Title of Officer (..,'Jane Doe, Notary FuAlicl personally appeared ,\_O L \\ i dcsn -J . -�>oSN Names) of Sigrer(s) STORE hill Blvd. 11016 -2171 357 -7606 SHANNON BRILL N Comm. p 1361846 N NOT PUBLIC CALIFORNIA Los Angeles County My Comm Expires June22,2006', Place Notary Seal Above e 5)r proved to me on the basis of satisfactory evidence to be the person(. whose name#E) is /ate subscribed. to the within instrument and acknowledged to me that he /bey executed the same in his /hed*1ireir . authorized capacity(16*, and that by hisAw047,eir signature(a) on the instrument the person*, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand a d official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description ofAYeached Document Title or Type of Document: Document Date: __ -. S.igner(s)..Other Than -Named Above: Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: r ❑ Individual ' Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1997 National Notary Association - 9350 De Soto Ave., P.D. Box 2432 - Chats bbh. CA 91313 -2402 Ptod. No 490] Reorder'. Ca11 Toff -Flee I-B00- 8 ib -6827 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Ax-t:, _ of Sioux ba.l.LS , State of South Dakota its regularly elected AssizLtant__Ses=eSaizY_ as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity. Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity. polices indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity bonds: ,Inc"ii -dy in all cases where indemnity may be lawfully given; and with full power and authority, to execute consents and waivers tdinodiy 'or change. or extend any bond or document executed for this Company, and to compromise and settle any and all claims or Oemartdsmadeor existing against said Company. t . .. = "Western Surety Comparhy further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety Comony duly adopted and now in force, to -wit: Sectors 7 ,411bcnds: policies, undertakings, Powers of Attorney, or other obligations of the corporation shalt be executed in the corporatB name of the,-Cbmpany by the President. Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers 'as the'9oard of Dvectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint 'Attomeys-;n -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the coTorate seal may be pdnted by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its _. Senior vice _ with the corporate seal affixed this 201:h day of June 2005 ATTEST Assistant Secretary STATE OF SOUTH DAKOTA ) ss COUNTY OF MIN NEHAHA WEST N /SURET OMPANY By 7 Paul T. Bruflat, enior vice President On this loth day of June 2005 before me, a Notary Public, personally appeared Paul T. Bruflat _ and _,. A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. i555555555555555555a55555 t S D. KRELL S S SERI NOTARY PUBLIC SE L S S�SOUTH DAKOTAS - -� + Notary Public My Commission Expires November 30, 2006 Form 672 -4 -2002 C17Y OF NEWPORT BEACH HARBOR RESOURCES DMSION INFORMAL CONTRACT No. 0002 BOND NO. 69927919 FACCHFUL PERFORMANCE BOND The premium Charges on this Bond is $ 951.00 being at the rate of $ per thousand of the Contract price. WHEPSAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Post Alarm Systemrs, hereinafter designated as the °Prinapaf , a contract for construction of Informal Contract No. 0002 in the City of Newport Beach, in strict conformity with the pans, drawings, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute Infomral Contract No. 0002 and the terms tftereof raquire the furnishing of a Bend forthe faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY duty authorized to transact business under the laws of the 5hte of California as Surely (ear ure etxf firmly bound unto the City cf Newport Beach, in the sum of iy, Fti « m Dollars (s 31, 695.00 ) lawful money of the United States of America, said sum being equal to 10096 of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns for which payment well and truly to be made, we bind ourselves, our heirs, exemtars and administrators, suecaszom, or assigns, jointly and severally, filmy by these present, THE CONDITION OF THIS 013LIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrator, successors, or assigns, fad to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects acxordng to its true intrant and meaning, or fails to indemnity, defand, and rave harmless.the City of Newport Beach, cis officers, employees and agents, as therein stipulated, then, Surety wI0 faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become Hutt and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there Shall be included Costs and reasonable expenses 2nd fees, including reasonable attorneys fees, incurred by the City, only in the event Ste City is required to bring an acdon in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stlpulates and• agrees that no change, extension of time, alterations or addil'ons to ft terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Perromsanw '?.^.^.d s`ar be aucrldeo and m21ntained by the Principal in fUl furze and effect for one (1) year faUc%ming she date OF Formal Mceptence of the Pno ect by the Chy. . In the event that the Principal exeaAed this band as an individual, it is agreed that the death cf any such Principal shan not exonerate the Surety from its cbOgaticns under this Band. IN 1M WESS WHEREQF, this irstrumrrt has been duty wmwed by the Pi4ncipw and Surety above named, on the 20th day of June . 2005• / POST ALARM SYSTEMSt INC. Corttfactor WESTERN SURETY COMPANY Name e S cErty 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surety (605) 336 -0650 Telephone E3� S. Arp, AWt Sec. Print Name and Tide NOTARYACKNOWLEDCMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED THE 174 Mons Tete.I STATE OF SOUTH DAKOTA County of Minnehaha SS On this 20th day of ACKNOWLEDGMENT OF SURETY (Corporate Officer) June 2005 , before me, a Notary Public in and for said County, personally appeared 8'Arp,Asst S&,. Personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed m written. My commissio. expires Form 103.12.98 y name and affixed my o ial seal the day and year last above Y Notary Public ALL-PURPOSE ACKNOWLEDGMENT State of C�v ` ♦�O �'� ` SS. County of LoS "\2S On 1 1 , 2oO S , before me, as1'\c,_nmo S��i C 3 pate Name and Title of Officer (e.g., Jane Ooe, Notary P "' personally appeared UPS STORE Y. Foothill Blvd. i:CA 91016 -2171 =26- 357 -7606 SHANNON BRILL Comm. A 1361846 to N NOTARY PUBLIC CALIFORNIA III Los Angeles Caunhy My Comm. Expires June12, 1006 -'` Place Notary Seal Above 71 W- proved to me on the basis of satisfactory evidence to be the person(Ilil whose namelii;�_is /ale subscribed to the within instrument and acknowledged to me that he /s1 QAI;l executed the same in his /4e*44,,eir . authorized capacity(4ea), and that by his /hgmtkkeir signature(q .on the instrument the perscn(4 or the entity upon behalf of which the person(Ail acted, executed the instrument. 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 Title or Type of Document: Document Date: Number of Pages: Signal Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: , _•- ❑ Individual e '• Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —ED Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer IS Representina: , © 1997 National Notary Association • 93500e Seto Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 Prod. No. 5907 Reorder Call Toll -Free 1-800- 876 -6927 /.� Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Prp of Sioux Falls , State of South Dakota , its regularly elected EsSisStan cgcYP}'ar� as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity. Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policies indemnifying employers against loss or damage caused by the misconduct of their employees: official, bail, and surety and fidelity bonds.; Indemrnty in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waiv&r .lb_modAy 'or chanj'e. or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing' against said Company. Western Surety Cbrnpariy further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety Caiyany duly adopted a�tl mow in force, to -wit: Section 7- All bonds: policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate; riame.of me Company by the President, Secretary, any Assistant Secretary. Treasurer, or any Vice President, or by such other officers�as. the Board ci Directors may authorize. The President, any Vice President. Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys -ir. -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The sionature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior vice President with the corporate seal affixed this ?Oth_l.day of June 2005 ATTEST 1 Assistant Secretary STATE OF SOUTH DAKOTA 1 COUNTY OF MINNEHAHA t ss WES T N SURET OMPANY By_ Paul T. Brutlat, enior Vice President On this 20th _ day of June 2005 before me, a Notary Public, personally appeared Paul T. Bruflat and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. s D. KRELL s CS � NOTARY PUBLIC ^ S % s EAL SOUTH DAKOTA SEALS + _ - f Notary Public My Commission Expires November 30, 2006 Form 672-4 -2002 I