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HomeMy WebLinkAboutC-3847 - Purchase and Installation of a Five-Ton Bridge Crane in the Welding Shop at the City Corporation YardCONTRACT WITH OTTO SYSTEMS FOR THE PURCHASE AND INSTALLATION OF A FIVE TON BRIDGE CRANE IN THE WELDING SHOP AT THE CITY CORPORATION YARD THIS CONTRACT is made and entered into as of this ` day of , 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and OTTO SYSTEMS, whose principal place of business is 12010 Bloomfield Avenue, Santa Fe Springs, California, 90670-4702 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to purchase and install a five ton bridge crane in the welding shop at the City Corporation Yard, located at 592 Superior Avenue in the City of Newport Beach ("Corporation Yard"). C. City desires to engage Contractor to install the five ton bridge crane in the welding shop at the City Corporation Yard ("Project"). Contractor has agreed to perform the Project within sixty (60) days of arrival of the supplies and materials. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work dated April 24, 2006 attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 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 necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Contract by City and assessment of damages as outlined in Section 2.1. Contractor will install the five ton bridge crane within sixty (60) days of receipt of supplies and materials. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Contract on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Two hundred Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement. Execution of this Agreement shall constitute agreement by the City and Contractor that Two Hundred Fifty Dollars ($250.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Fifty Nine Thousand Two Hundred Thirty Eight Dollars and 00/100 ($59,238.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. The City shall retain ten percent (10%) of any amount due and owing under this Agreement until all Project work is completed. 4. ADMINISTRATION This Contract will be administered by the General Services Department. Mark Harmon shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 5. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing Contract Services. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. ►i 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 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. 6.3 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 damage, 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 performing this Project; including, without limitation, defects in workmanship or materials and/or design defects or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 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. 6.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Contract, except to the extent provided in Section 6.3 above. 3 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 7. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 8. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 9. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Contract. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all M rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. 5 G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. BONDING. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit B which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. PREVAILING WAGES. Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. A 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 14. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 15. NOTICES All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Mark Harmon General Services Department CITY OF NEWPORT BEACH 3300 Newport Blvd, PO Box 1768 Newport Beach, CA, 92658-8915 Phone: 949-644-3055 Fax : 949-650-0747 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Attention: Paul Otto OTTO SYSTEMS 12010 Bloomfield Avenue Santa Fe Springs, CA, 90670-4702 Phone: 562-462-1612 Fax : 562-462-1617 7 16. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 17. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 18. WAIVER A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 20. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govern. 22. AMENDMENTS This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract 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 taken into consideration these factors in submitting its Project Proposal and Scope of Work. 24. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: By: -/ C. ff Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: B ./ LaVonne Harkless, City Clerk CITY OF NEWPORT BEA A Mun ci,pa.l--Gorporation. B - C' X�l Don ebb, Mayor for the City of Newport Beach OTTO SYSTEMS: M In Name: `y4,gs,4 ®7,D Title: Name: Title: Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond F:\users\cat\shared\da\Ag\OftoSystems2.doc N 04223/2006 02:55 ^40.414 902 �--- EXHIBIT "A" 'Zola Rt 001"'E" AVE-, SANTA FE &PRINCE, CA 96976.4702 — 692-462.1612 FAX 582.462-IS17 2489 V[AMA COURT, &AA tEANDBO, CA 94677.4222 Sid -SIMM FAX 510-667-8726 April 24, 2006 City of Newport Beach Newport Beach, CA. Attn: Gary )def: 5 ton bridge crane for. the Nvelding shop We are pleased to provide the following quote.0,j) the 5 ton double girder top running bridge crane system as follows One each 5 ton:, freestanding bridge crane system, complete wi:tb one each 5 ton top running motorized bridge, which would cover tin area 40'-0" x 40'-0" approximately 23'-6" OAH, This 5 ton crane would come furcdahed with a 5 iron top running wire rope hoist and motor driven trolley with would operate on a double girder bridge: Price: $ 59,238.00 Delivered and Installed, Sales Tax is includtd. Note: Building permits if required, are not included. Bringing; power to this system, is by others, Footings are by others 'thank you, for the opportunity to quote this sys tens, sboLdd you have any questions or concerns, please feel free to Contact me, Sincerely Paul Otto Specification Capacity 5 tons Bridge Span 40'41 Runways 4014' Height 20'-0" @ .the hoist hook .in the upper poo tion. Travel Speed TBD Hoist 2 Speedi 20/5 fpm Trolley 2 Speeds 50/17 fpm Price: $ 59,238.00 Delivered and Installed, Sales Tax is includtd. Note: Building permits if required, are not included. Bringing; power to this system, is by others, Footings are by others 'thank you, for the opportunity to quote this sys tens, sboLdd you have any questions or concerns, please feel free to Contact me, Sincerely Paul Otto CITY OF NEWPORT BEACH BOND NO,103884028 FAI.I tFUL PERFORMANCE BOND The premium charges on this Bond Is $ 91.8.40... being at the rate of $ 15.50 thousand of the Contract price. WHEREAS, the City Council of the City of N,wport )'each, State of� Cslifami�, by motion. adopted, Has awarded to Otto Systems, hereinafter designated; as file "Principal," a contract for re purchase and installation of a five ton bndgE crane. in the wading shop at the General Service; Department, located at 592 Superior Avenue in the,? City of Newport Beach, in strict conformity with the Contract on file with the .office of t.h City Clerk of the; City of Newport Beach, which +s incorporated herein by this reference. WHEREAS, Principal has executed or ig about to execute the Contract: and the terms thereof require the fw-nishirig of b Bond for the faithful performance of the Contract; NOW, THEREFORE-, we, the principal, and _ of America , duly ,authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"�, are held and firmly bound unto the City of Newpoil. deuc;h, in the: sum of $5g,235,0() laws-ul Mon.ey of the United States of America, said sum being C:qual to 1WX of the estimated amount of the Contract, to be paid to they; City of Newport peach, its successors, and assigns; For which payment well and truly to bre made, we bind oursr;lves,.our. heirs, executors and administrators, successor;, or assign, jointly present. and r,everaNy, firmly by these THF CONDITION OF THISS 08LIGATION. IS SUC,i-i, that if the Principal, or the Principol's executors, administrators,-succe; 5ors, or assigns; fail to abide by, and wt:li �nd truly keep and perform any or all the work, covenants, conditions, and agreements in the Cor ;tract Documents and any alteration theropf made as therein provided ori its part, to he kept and. is e famed at the Urne and in the manner tnerein specilied, and in all respects arcording to its true irStent and meaning, or Oils to indernnif_v, defend, and save harmless the. Qtv of Newport Beach, its officers, employees and agent;, ;as therein. Stipulated, then, Surely wits faithfi!lly perform the ..amt., il`i an amourit not exceeding the Burn specified in its Bond; ott!ervise this ob)iyation shell t)ecomc cull z jd void. As a part of the obligation secured hereby, and in addition to the t .ic amount specified in th'S Per;ormance Bonct,..there Shall be included costs and rEosonabfe expenses and fees, including reasonable aftornf:ys fees, incurred by the City, only in the 4vent the City is required to bring ari action fi law or aquitY against Surety to enforce the obligations of this Bond: Siurety, for value received, stipulates and agrees .that no. pfir,ngc!, pxlrnsiOn of time, a1erations or addiliaris to the, termsof the ConitraGt Of, to the work to ba pDrfarrned thereunder _hall in ar,y way affect its oblicgaiions ori this Eiond, ;end it dohs -he hareby wpive natic�a of any such f. cnge. extension c► time, alterotions or additions of the Contract, or to. the work or to the s��ECifiGeal;un�. This. Fpithful Performance Bond shall by extanded.�ind maintained by tllr~ principal in lull force and affect for one ,1) year fc:,llow1n9 thu &11e of formal acceptance of It)* 1'>rqj 't by the City. i 3 In the event that the Principal executed thisbond as an individual, it is agrced that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN Wll'�JFSS WHEREQF, this instrument has.been duly executed by the Principal and Surety above namr�d, on the 7th day of August. 2006. O t S stems Name Of Contr-ar,!c:r (Princi al P ) Authorized Signsture/Title Travelers Casualty and Surety Co____mpany__of America Name of Surety — Authori_- 7ed Agent tgr,),rbrt? 21686_ C_at- way Center Drive,John G. Kookootsedes, ttorney-:gin-Fact Address of Sr-rely Diamond Bar., CA 91765 Print Name and Titie _J949) 365-5160 Telephone NOTARY ACKNOWLEDGME.NTS 01`CONTRACTOR AND SURETY MIDST BE ATTACHED q 4 ACKNOWLEDGMENT State of California County of Orange On August 7, 2006 before me, Jefferey W. Pursley, Notary Public, personally appeared John G. Kookootsedes, personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signator _ JEFFEREY W. PURSLEY Commission # 1676377 -� Notary PubUC o California e . ®range CountytayComm. Expires Jun 19,201 Seal) STPAUL TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217014 RF" St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 000536900 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James G. Brakke, and John G. Kookootsedes of the City of I,ao nn Niguel , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity -if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their „business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or penni;ted in any actions or,prgceedings allowed by law. ,.;a ��� 8th IN WITNESS WHEREOF ,the Companies have caused this instrument to belgnel and their corporate seals to be hereto affixed, this day of June Farmington Casualty Company if �5' F'" St. Paul Guardian Insurance Company Fidelity and Guaranty`Insarance Company St. Paul Mercury Insurance Company Fidelity and Guaranty ins uk, ,, e'Underwrifers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company St. Paul Fire and Marine Insurance Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 'Pik h 5 � ft Zs INC e�i0 CORA>'Z Q:' C:: 9 z ; '1977 g 19Z T K ^1 t ; � : --_ f : 0 = a HARrwRD, a • wtarFORD,t < �"�ao 4 a b,F 1951 m �:SEA,Lios t�"; �Oi �• SEAL%3= OFNEW �x,�,^o�rc� lSp. AN� \ lg.._t.. •�a �eb� 'Naa �yyf...i� d�N? A@N°' State of Connecticut City of Hartford ss. On this the 8th da of June 2006 Y before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. By: /i G orge W ompson, Sen' r Vic President In Witness Whereof, I hereunto set my hand and official seal.' My Commission expires the 30th day of June, 2006. Ctj°UBu� * Marie C. Tetreault, Notary Public f 58440-9-05 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARM'" THIS POWER OF ATTORNEY IS INVALID WITHOUT THE -�D BORDER This Power of Attorney is granted under and by th., uthority of the following resolutions adopted by the Boards ,,. Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company --fid£ America;>and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power oPAttorney ex�euted by said` Companies, which is in full force and effect and has not been revoked. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and afftx d the soak of satd C m anies this 7th day of A' 1.9ust -2005 . Kori M. Johans Assistant Secretary GASU,/ SORETy 3WF�AE4 *N SNS 1NS�•,•,, TY ANp Mm emu tY `� Jy uu \ G Pi Uq JP,,,Tp Fid alp p O� A1j, /• 4yQ" ]k P '1pq Q: :; pf•`J,:............ '4 � G 'l� Q\ � FORAYED c - ,,, m ; W : co r •. a` § '``'�� a Z c198z s° 1977 � f 1927 K - _ �: ;f: —._ fes= w HARTFORD, i �•� o�,i� �'�ao y+.3E1i 1...•Oj: ' b;.S E A.L:`3$ �, CONN. o CONN. d�y�R in 9696 -1 +xw � To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CITY OF NEWPORT REACH BOND NO. 103884028 LA. BQR AND MATERIALS P�YAYMf�NY ®®ND ti`s i-iE :CAS. (i n City Counrif of the City. of . Newport Beach, State of Califomio, by motion knd, `.7s awarded to Oto Systems he?ruina(ter designated as the "Principal," a contract for ,ho purchzic;e and inSt(�Ilation, of . a rive ton bridge. cra6e in the welding shop at thr General :?etvices Department, located of 592 Superior Avenue in the City or Newport f3rrach, in strict c;onform„iry with the Contract on filc- with the office of the City Clerk of the City of Newport 8^ach, which i5 i7rC4r¢gr�tr.d herein by tl'ii, reference. WHEREAS_ Principal ho executed .or is about to eYeci.rte the Contract and the fc-t �rri s I^��rer�f require the furnishing of a bond,. providing that if Principal or env of ^rincipal`s cul"contracicr�, zhsll fail to pay for any materials, provisions, or other m-jpplies usr.d in, upon, roe• e arcu!'he porjorn-,,7mco of the work agreEd it) be done, or for any work or Iabof- none ihereoh or any kind, the Surety on Lhis Bond will pay the ;ame to the extFrit herainnftcr eat for!h' NOW, THEREr01?E. We the under sign4a Pfarlt;IlJcl!. �7riC, ay.e Casualty_ and SuretCompanof America__ duty authorizedto lran.•act t;Usihc: s undef the jaws of the S(Zrte of California, as Surety, (referred to, herein ns "Si,rety.") held firmly bcund unto the City of Newport Beach; in the sum of $*59-238.00 lawful money of the, United States of America , said sure L)eing equal f0 100% of the Pstim?ted amoun! pyahlc by I he City of Nc;�pprtr'cicfi un,jer the turn; of the Ccintract; for which payrncrtt v:efl and t.ru!y ttin be made, kve bind ourselves, our heirs, executors and administrators, succ;o; scars, or 1,105i9ns, jointly anti ceveraity' firrnfy by these present TPP CONDITION OF '['HIS OBL'fGATION IS SUCH, that if. tho• Princip al r.>r the Pr'incioal', ;vbcontr�ctor;, fail to pay for. any matr;rWs,. provisions, or oth�-r ;ur�plie.�, irr.pif?rrronts or rrnachin(,ry used in, upon, for, or ab0ut the performance of the work contracted 1,,-)br done. or sur any other work or labor thereon of any kind, or for amounts due vnder tho Umrnpinyment Insurance Code with respect to such work or labor, or for any amounts required tri be deducted, wlthhcld c+nd poid ov ;r to the; Employment Development Department from the rr{actor c,,•' employees of the Principal:and subcdntroctors.pursuarit to Section 13024 Of the Llnernrloymenl: Insurance Cod; with. ro;pect to such work and libor, thein the Surety will pay for thF same, arnount not e;xr;pe^tir5�l the sum specified in this Bond, and also, in cnse suit i:, bro;;ght In enforoe thQ obligation, of (hi; Bred, a reasonat)Ie.attorney's fee, to be fired by thE;; Court -n- ronuired by the provizk;ns of Section 32,0 of the Civil Code of the State of California, The Brno shall inure to the berrefft of any and all persons, compenie.., and corporation- er.litlr d to isle cfaims under ecGion.3181 of the California Civil Codi? sn :;ts togive o right of.aciiorl tc� the►n or their a ,signs in ariy,suit brought upon this, Bond, .as required by and accorrfan ce with i the provisions of Section, 3247et, seq. or the Civil Code of the State of CaG(orni�, /end Surety, for value received, hereby wipbIntes and agrees that no c;hanjv, extem ion of tirne, ofterstions r>r additions to the terms of the. Contract or to. the: work tri be pr�rTe3rrT�e,-1 thereunder ;irall in any'N1sc affect its obligatio on this gond,: and �t <tnF�^ herob« �,aive r,oficP of airy SUCK Chance, eaten;ie�n of time• a!feraiions ter additions to the terns of the C,ontroc i o,. to thc� WWk Ur tri thf'-Fpec;jiC� tifin�. In the event that any principal above named exeCujod. this Bond as an individu4M, it is agreed that the death of any such principal shall not exonerate. the Surety from i(;, obligations under this Bond. IN WITNESS WHEREOF,_ this.instrument has beendiuiy, executed bj the above narn�d Principal and Surety, on the _ 7th day. of Au s 200G. _ )H-n wctCMS Name of Contractor (Principal) Authonaed SlgnaturalTitle Travelers Casualty and Surety Name o Surety Authorize ge3n natt 21688 Gateway Center Drive Diamond Bar, CA 91765 John G— Kookootsedes, Attorney-in-Fa.' Address of Surety Print Narn `line ` (949) 365-5160 r ? yak, Teiephorte 1 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND.SURETY MUST BE ATTACHE-D i ACKNOWLEDGMENT State of California County of Orange On August 7, 2006 before me, Jefferey W. Pursley, Notary Public, personally appeared John G. Kookootsedes, personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatur JEFFEREY W, P NMV Commbsion #k 1676377 Notay Fubft - CaWw to Gangs Courdy FI -&,my comm. EXj*g5im19,201 (Seal) STPAUL TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217014 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 000536901 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James G. Brakke, and John G. Kookootsedes of the City of Laguna Niguel , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per.midpd in any aetions or prgceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 8th day of June 2006 k Farmington Casualty Cortipu, Fidelity and Guaranty Inseranct C mpany °' } Fidelity and Guaranty Insui a>ice`'CTnderwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pASUq gQNTY (yam SIWETtRE npWbx I .w.+•�....,,,t y 1Y AN0 Fp¢SUgEpJ �7Yg�� 2 OP'P�1 L t���95. G ]i' � P _ 7� O: •-......• �, JP .......... q'*; 9 y y O '"� OHPRA Tf:..O9 � 452 p 17/ / GD11�t/ITFD 1927 'o'ig al C'1 W: G�? 195 d SEF}Lio:' os j HARTFORD. a fNRflfFGfD ao< o a CONN. n t\GONk � in 1896 bey Fla. !�� 9AO NEYT �"MUFrinlmx�E GO `�1Sp ANBD- �+.d1 •• e\d ')bb LD1 N'i\ �•("// O` State of Connecticut City of Hartford ss. By: 9/019e W ompson, Sen' r Vic President On this the 8th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. SAA % ih 0, . .CJy u�V 1 My Commission expires the 30th day of June, 2006. pG * Marie C. Tetreault, Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER IS INVALID WITHOUT THE This Power of Attorney is granted under and by the «uthority of the following resolutions adopted by the Boards u. Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand agd affixed the seals of sardtompanies this 7th day ofALi X', 20 . LL Kori M. Johan Assistant Secretary GI.SU,1 W"� j�J(�j'RE�vn�yy .+✓""r....."Iy AV,, Wyw�vw4'Ni 02 4i 5ug i obi �� � a�0�n G * � c� y *r�N O •Rao ., � LJP,.... ........ q ti 2�.: L9 c �OFin �!0 �' (v INC(MiFORATED YL z �t F:m �y,.ppRPORAT' HARTFORD, < 0' F14fttF0 �� 21_ ' 1, ; 1951 J� �' J'• .SE (� j, ip ? �`;� SSAL�' w n WNN. X896 �"tiGi` a t s,. �•., ;;aa �, CONN. �. s b'•. .......... : ....... �P b( 'P� �+eyl •.._ ��� �d�) Ati'ta+� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER