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HomeMy WebLinkAboutCC RESO 15,264RESOLUTION NO. 15,264 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING SAN DIEGO BUILDERS COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREE' WITH SAN DIEGO BUILDERS COMPANY WHEREAS, the City Engineer of the City of National City did in open session, on March 16, 1987, publicly open, examine and declare all sealed proposals or bids for doing the work and improvements described in Engineering Specifications No. 999 for the installation of air conditioning for the public library basement in National City. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for the installation of air conditioning for the public library basement to the lowest responsive bidder, to wit: SAN DIEGO BUILDERS COMPANY BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the city, a contract between San Diego Builders Company and the City of National City to provide for the installation of air conditioning for the public library basement in National City. PASSED and ADOPTED this 7th day of April, 1987. ATTEST: 4141 aP- George H. Eiser, III - City Attorney George . Waters, Mayor City of National City Office of the City Engineer 1243 National City Boulevard, National City, Ca. 92050-4397 (619) 474-8528 (619) 477-1181, EXT.73 April 8, 1987 San Diego Builders 8265 Vickers Street, Suite C $an Diego, CA 92111 Subj: INSTALLATION OF AIR CONDITIONING FOR PUBLIC LIBRARY BASEMENT Specification No. 999 NOTICE OF AWARD OF CONTRACT Gentlemen: The City Council, at its regular meeting of April 7 , 19 87, awarded the contract for subject project to your company. In accordance with the contract documents, you are allowed ten (10) working days from the date of receipt of this Notice of Award of Contract to return all necessary contracts, bonds and insurance certificates to the City Engineer. Attached are four (4) copies of the Contract, the Performance Bond and the Labor/ Material Bond to be executed and returned to the City Engineer. Please be sure all signatures are notarized. If a corporation, be sure to emboss with the cor- porate seal. Please refer to Sections 7-3 and 7-4 of the Standard Specifications and the Sup- plemental General Provisions for the insurance requirements. All copies of the Certificate of Insurance must be received within the above -mentioned 10-day limit. Any contractors doing work in the City of National City are required to possess a current City Business License. If you do not already possess one, please fill out Business License application at Finance Department, City of National City, 1243 National City Boulevard, National City, CA 92050. If you have any questions, please contact my office. I look forward to working with your company on this City project and stand ready to offer any assistance you may need. Very truly yours, a.chi„J 4! JERRY C. STAFFORD City Engineer Attachs: A. 4 copies Contract, Peformance Bond and Labor/Material Bond B. 4 Copies of Bid Proposals C. Emergency Notification List cc: City Clerk file, C.B., J P. Certified Mail Return Receipt Requested CONTRACT - SPECIFICATION NO. 999 THIS AGREEMENT, made this, the day of 19 by and between City of National City hereinafter called "OWNER":, acting herein through its Mayor, and (1) , an individual doing business as (an individual) (a partnership) (a corporation) of the City of County of and State of hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction des- cribed as follows: INSTALLATION OF AIR CONDITIONING FOR PUBLIC LIBRARY BASEMENT hereinafter called the project, for the sum of Thirty two thousand Dollars ($32,000 ) and all extra work in connection therewith, under the terms as stated in the General and Special Provisions of the Contract; and at his (its or their) .. -own proper cost_and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, sales.t9x; and ether accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bidder's Proposal, the General Provisions and Special Provisions of the Contract, the Plans, which include all maps, plats, blueprints, and other drawings, and printed or written explanatory matter thereof, the specifications and contract documents therefore, all which are made a part hereof and collectively evidence and constitute the Contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "NOTICE-T0 PROCEED" of the OWNER and to fully complete the project within 65 working days thereafter. The CONTRACTOR further aarees topay, as liquidated damages, the sum of $200.00 for each consecutive calendar day that he is in excess of the time specified for completion. The OWNER agrees to pay the CONTRACTOR in current funds for the perforra3Lce of the contract, subject to additions and deductions, as provided in the General Provisions of the Contract, and to make payments.on account thereof. (1) Correct name of Contractor CONTRACT IN WITNESS WHEREOF, the parties to these presents have executed this contract in four (4) counterparts., each of which shall be deemed an original, in the year and day first above mentioned. CITY OF NATIONAL CITY BY: Mayor BY: Licensed in accordance with ) Contractor an Act providing for the re-) gistration of Contractors. ) ) Official Title LICENSE NO. ) ) LICENSE TYPE ) ) Business Address CITY LICENSE ) I, CORPORATE CERTIFICATE , certify that I am the Secretary of the corporation named as CONTRACTOR in the foregoing contract; that , who sinned said c -tract-;ir;r behalf of the CONTRACTOR, was then of said corporation; that said contract was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. (CORPORATE SEAL) INDIVIDUAL/PARTNERSHIP CERTIFICATE Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE (SEAL) My commission expires Print or type name of affiant CONTRACT - 12 - LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS; CITY OF NATIONAL CITY, by Resolution passed 19 has awarded to hereinafter designated as the "Principal", a contract for: INSTALLATION OF AIR CONDITIONING FOR PUBLIC LIBRARY BASEMENT SPECIFICATION N0. 999 WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal or any of his or its subcontra- ctors shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for, or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, We the Principal and as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called "OWNER", in the penal sum of Sixteen thousand DOLLARS ($ 16,000.00 ).. lawful money of the United States of America, for the payment of which sum well and truly to be made we bind ourselves our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if sa.:; Fr 1Tctpal, his or its subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for, or about the performance of work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemploy- ment Insurance Act, as required by the provisions of Sections 4200 and 4208 inclusive Government Code, then said Surety will pay the same in or to an - amount not exceeding the amount hereinabove set forth; and also will pay in case suit is brought upon this bond such reasonable attorney's fees, as shall be fixed by the Court, awarded and taxed as in the above -mentioned statute provided. This bond shall insure to the benefit of any and all persons companies and corporations entitled to file claims under Section 1192.1 of the California Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought under this bond. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise effect its obligations on this bond. and it does hereby waive notice of any such change, extension of time, - alteration or addition to the terms of the contract, or to -the work, or to - the specification. LABOR -MATERIAL BOND (50%•of Contract) -13 A- PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatis- fied. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the day of ,19 Subscribed and sworn to before me this day of , 19 Principal (Print or Type) By: NOTARY PUBLIC IN AND FOR SAID COUNTY (Title) AND STATE Address (SEAL) Phone Number My commission expires Print or type name of affiant. Subscribed and sworn to before me this day of• , 19 Surety (Print or Type) NOTARY PUBLIC IN AND FOR SAID COUNTY ' Surety Address AND STATE (SEAL) My commission expires Print or type name of affiant. NOTE: Date of Bond must not be prior to date of Contract. Surety Phone By Attorney -in -fact Address - Attorney -in -Tact Phone -Attorney -in -fact Surety Agent for Service of Process LABOR & MATERIAL BOND (500 of Contract) Address PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That WHEREAS, CITY OF NATIONAL CITY, by Resolution passed 19 , has awarded to hereinafter designated as the "Principal" a contract for: INSTALLATION OF AIR CONDITIONING FOR PUBLIC LIBRARY BASEMENT SPECIFICATION NO. 999 WHEREAS, said Principal is required -under the terms of said contract to furnish a bond for the faithful performance of said contract; NOW, THEREFORE, We the Principal, and as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter -called the "OWNER", in the penal sum of Thirty two thousand DOLLARS ($ 32,000.00 ), lawful money of the United States of America, for the payment of which sum well and - truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH that if the above -bounded Principal, shall perform the covenants, in the said contract in a manner that is satisfactory and acceptable to the Owner and if all materials and workmanship supplied by said Principal are free from original or developed defects appearing within one year from the date of acceptance of the work by the Owner, and if the contractor at his own expense makes good such defects and failures and makes all replacements and adjustments required, within a reasonable time after being notified by the Owner so to do, and shall indemnify and save harmless the OWNER, its officers and agents,. as therein stipulated, then this obligation shall become null and void, otherwise, it shall be and remain in full force and virtue. And the said Surety, for value . received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in anywise affect its obligation of this bond, and it does hereby waive notice of any such change, ex- tension of time, alteration or addition to the terms of the contract, or to the work or to the specifications. This bond shall be maintained by the contractor in full force and effect during the performance of the work of the contractor and for a period of one year after the date of acceptance of the work by the Owner. In the event suit is brought upon this bond by the OWNER and judgement is recovered, the surety shall pay all costs incurred by the OWNER. in such suit includina a reasonable attorney's fee to be fixed by the court. - - PERFORMANCE BOND (100% of Contract) PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatis- fied. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the day of ,19_ Subscribed and sworn to before me this day of , 19 Principal (Print or Type) By: NOTARY PUBLIC IN AND FOR SAID COUNTY (Title) AND STATE Address (SEAL) Phone Number My commission expires Print or type name of affiant. Subscribed and sworn to before me this day of- , 19 Surety (Print or Type) NOTARY PUBLIC IN AND FOR SAID COUNTY Surety Address AND STATE (SEAL) My commission expires Print or type name of affiant. NOTE: Date of Bond must not be priot to date of Contract Surety Phone By Attorney -in -tact Address - Attorney -to -tact Phone -Attorney -in -fact Surety Agent for Service of Process Address PERFORMANCE BOND (100% of Contract) n 11 EMERGENCY NOTIFICATION LIST The Contractor shall provide the names, addresses and telephone numbers of three different responsible persons who can be contacted in an emergency situation who will have the authority to act in the Contractor's absence. - PHONE DURING AFTER NAME ADDRESS I•IORKING HRS. WORKING HRS. 2. 3. EMERGENCY NOTIFICATION LIST - 15 - Y BIDDER'S PROPOSAL BID FOR LUMP SUM CONTRACTS SPECIFICATION NO. 999 Proposal of SAN DIEGO BUIL RS (hereinafter called "Bidder") *a partnership under the laws of the State of California individual doing business as San Diego Builders , organized and existing * a partnership , or an To the City of National City, California (hereinafter called "Owner"). Gentlemen: The Bidder, in compliance with your invitation for bids for INSTALLATION OF AIR CONDITIONING FOR PUBLIC LIBRARY BASEMENT and appurtenances thereto, complete and in place, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to con struct the project in accordance with the Contract documents, within the time set forth therein and at the price stated below. This t::r.2 is Io saver -,nil expenses incurred in performing the work required under the Contract documents of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully com- plete the project within 65 working days thereafter as stipulated in the specifications. Bidder fi:rthpr agrees to pay as liquidated damages, the sum of $ 200.00 for each consecutive calendar day that he is in excess 4F the time specified for completion. Bidder acknowledges receipt of the following addendum: none * Insert corporation, partnership or individual as applicable. BIDDER'S PROPOSAL - LUMP SUM - 5 - LUMP SUM PROPOSAL: Bidder agrees to perform all of the construction work des- cribed in the specifications and shown on the plans for the sum of STA,,f_,4-.. d !ljP<I)--- .49,._ ($ 32:1,;OU,q O ). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall. govern. Bidder understands that the Owner reserves the right to reject any or all bids and to to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the schedule closing time for receiving bids. Upon receipt of written notice -of the acceptance of the bid, Bidder will exe- cute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required. The Bid security attached in the sum of Ttftv 7t-&4-tr., ))(A, ($ 7), 2_0 ;f,) ) is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damagesforthe delay and additonal expense to the Owner caused thereby. Licensed in accordance with ) Respectfully submitted, Act providing for the re- ) ,� : �� 6tJ------- ) gistration of Contractors ) By: ,�(p.J� Signature LICENSE NO. 437336 ) Neil E. Patren ) Typed Name LICENSE TYPE B ) owner/partner ) CI1Y LICENSE NO. ) Date: 3-16-87 (Seal, if bid is by corporation) (Title) 8265 Vickers St., Ste. C, San Diego, CA (Business Address) _g2111 (619)541-2511 (Phone Number) - Subscribed and sworn to before me this f (= L1-2�dayy of r' I`1--4L1,-% , 19477 NOTARY_EIBl__iC_ia.a.no for said County and State OFFICIAL SEAL MARLA L MARTIN NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Moy 6, 1990 L _ _ A _ _ � . ( My commission expires I�t . (?1PF r • in�;k ;J Print or type name of arfiant. BIDDER'S PROPOSAL - LUMP SUM 6 SUR 01 45 33 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, SAN DIEGO BUILDERS as Principal and GOLDEN EAGLE INSURANCE COMPANY as Surety, are - hereoy held and firmly bound unto the CITY OF NATIONAL CITY, as Owner in the penal sum of TEN PERCENT OF THE BASE BID AMOUNT (10%) for which pay- ment of which, well and truly to he made, we hereby jointly and severally bind ourselves; our heirs, executors, administrators, successors and assigns. Signed this 11TH day of MARCH , 19 87 . The condition of the above obligation is such that whereas the Principal has submitted to THE CITY OF NATIONAL CITY, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for INSTALLATION OF AIR CONDITIONING FOR PUBLIC LIBRARY BASEMENT NO!•1, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) if said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached heretu (pronorly completed in accordance with said Bid) and shall furnish a bona r h : .«zt.nrui performance of said contract and for the payment of all per-:;nr.. perform- ing labor or furnishing materials in connection therewith, and shall in all other respects perform the aareement created by the acceptance of said Bid, then this obligation shall..be void, otherwise ttsame shall remain in force and effect; it beingexpressly understood 4nd agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obliga- tions of said Surety and its bond shall be in no way impaireo or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals; and such of them as are corporations have caused their corporate sells to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. 7 SUR 01 45 33 Subscribed and sworn to before me this SAN DIEGO BUILDERS /w -day of td 0.4,-. . , 19,V) Principal (Print or Type) `ryd .(soo ` 'c .") By: !1� %2"--./ fVia, "`n�4L NOTARY PUBLIC IN AND FOR SAID COUNTY (Title) AND STATE OFFICIAL SEAL MARLA L MARTIN SAN DIEGO COUNTY NOT ARY PUBUC - CALIFORNIA My Comm. Expires May 6, 1990 (SEAL) My commission expires % 0,k m +/'I-., 1O,t! /yO 3442 ATLAS STREET, SAN DIEGO, CA 92111 Address 619 541-2511 Phone Number Print or type name of affiant. Subscribed and sworn to before me this r_nTnrm FACTF_INIcURA Tr,F CnrPANV day of , 19 Surety (Print or Type) NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE (SEAL) My commission expires Print or type name of affiant. BID BOND 7175 NAVAJO ROAD Surety Address SAN DTEGO. CA 92119-1642 619 463-5800 7175 NAVATO ROAD. SAN DIEGQ, CA 92119-16 Address - Attorney -in -fact 619 463-5800 Phone - Attorney -in -fact 7175 NAVAJO ROAD, SAN DIEGO, CA 92119164 Surety Aaent ror ervlce or Process Address NON -COLLUSION AFFIDAVIT FOR EACH AWARDEE OF A PRINCIPAL CONTRACT Specification Number 999 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) The undersigned, being first fully sworn, deposes and says that he is Neil E. Patren , of San Diego Builders herein called the CONTRACTOR, that the Contractor has submitted asr bid nnin con- nection asith a certain INSTALLATIONrOFct AIRcCONDITIONING NationalCity,yPUBLICoLIBRAAY iden- tifiedBASEMENT. that he is familiar with the circumstances affecting the pereparation and ma- king of such bid and is properly qualified to make this affidavit; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other bidder to put in false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any one else to put in a sham bid, or that any one shall refrain from bidding; that the Contractor has not, in any manner, directly or indirectly sought by agreement, communication or confer^nrcw-i'r!i-3n_y one to fix the bid price of the Contractor or of any other biuutr•, ui- to tYx any overhead, profit, or cost element and such bid price, or of that of any other bidder, or to secure any advantage against the entity awarding the contract, or any one interested in the proposed contract; that all statements contained in such bid are true; and, further that the Contractor has not directly or in- directly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, com- pany, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest within his general business. Subscribed and sworn to before me this _!('tk--; day of Vflctj I,J , 19 r% NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE OFFICIAL SEAL MARLA L MARTiN NOTARY FUBUC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires May 6, 1990 My commission expires fit? �^ : 970 fnq. k.: %Y i Print or type name of affiant (SEAL) ( San Diego Builders Contractor i By: A c r _ partner (Title) Date: 3-16-87 MUST BE ATTACHED TO BIDDER'S PROPOSAL NON -COLLUSION AFFIDAVIT 9 DESIGNATION OF SUB -CONTRACTORS Ir compliance with the provisions of Sections 4100 - 4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the contractor in or about the construction of the work or improvement to be performed under • these specifications, and the portion of the work which will_ be done by each subcontractor. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work as to which no subcon- tractor was designated in the original bid shall only be permitted in accordance with provisions of the Government Code of California. DIVISION OF WORK SUBCONTRACTORS ADDRESS t.,40,171ro Dd� n1�"S Wcf-2-346 mechanical University Mechanical ? F3 3(ii drywall. framing Phillips Drywall 274-6431 Electrical Guiding Light Electric 51$-Oz4( (Use additional sheets, as necessary, to list all subconttcc.or ) REFERENCES: List five different project references (for projects on which the bidder has performed a similar type of work in the past three years) NAME OF AGENCY 1. 2. 3. 4. 5. NAME OF OFFICIAL PHONE SIGNED: This lhth day of March , 19 87 DATE COMPLETED Neil F Patren _ Bidders Name By: �(a../ 1 DESIGNATION OF SUBCONTRACTORS/ - 10 - REFERENCE LIST Signature MUST BE ATTACHED TO BIDDER'S PROPOSAL ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO 11TH MARCH 1987 ON THIS DAY OF BEFORE ME PERSONALLY APPEARED TERRY GAGE , KNOWN TO ME TO BE (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY -IN -FACT OF GOLDEN EAGLE INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. aW °• ' "r" 'AW`s' OFFICIAL SEAL / `": l..4.. G;GI MAR1E DIrr,ENZA jf�� ^1.62 J1. ,-4 . / i Y y NOTARY PUpUC • CALIFORNIA 4 �j K �a!" '9L1_ ^. PRINCIPAL OFFICE IN � / ea Z�"a.i^j �•� SAN CIEGO COUN7Y . Wiz. "Q` My Cammissim Exp. Oct. 2. 19'90 r4,$'i'd°AJ"di AWE/ 'ANWSAMW1515 . -r GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California BOND POWER OF ATTORNEY 4 lir KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint Terry Gage of San Diego, California its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds ($2,000,000.00) — This power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in - Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: this March 10, 1986 GOLDEN EAGLE INSURANCE COMPANY By Mich-'1E.J e . President On this 10th day of March, 1986, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President, of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. i • - OFFICIAL SEAL MARY E. LEIGH Notary Public•Caldornia Principal Office In San Diego County My Comm. Exp. Jan. 2. 1988 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 11TH day of ',IA1,(II 19 8i LARRY G. MABEE Secretary Any correspondence regarding this Power of Attorney, address to: 7175 Navajo Road San Diego, California 92119-1642