HomeMy WebLinkAboutContracts & Agreements_86-2004_CCv0001.pdf - - VIIJUILUU4
LARRY WALKER 8:33 AM
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Audifor/Controller — Recorder
RECORDING REQUESTED BY AR
AND WHEN RECORDED MAIL TO: t R Regular Mali
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F 000#: 2004-0651143
CITY CLERK Titles: 1 Pages: 1
CITE'OF REDLANDS Fees
35 CAJON STREET 0.00
P.O. BOX 3005 other 0.00
REDLANDS CA 92373 PAID
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SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES H0T REQUIRED
PFR GOVERNMENT CODE
NOTICE OF COMPLETION SECTION 6103
Notice pursuant to Civil Code Section 3093,this notice must be filed within 10 days after completion of work. Notice is hereby
given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is`. CITY OF REDLANDS
3. The full address of the owner is: 35''CAJON STREET, P O BOX 3005
REDLANDS CA 92373
4. The nature of the interest or estate of the owner is; in fee.
5. The full names.and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on August 27,2004. The work done was:
Petroleum Storage Tank Project at the City Corporation Yard, Contract 607500-7150
7. The name of the contractor for such work of improvement was:Warren Duncan Contracting
2148 Glen Helen Parkway
Devore,CA 92407 June 15, 2004
(Date of Cont`ado
8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bemardino,State of California,
and is described as follows:City of Redlands Corporate Yard
9. The street address of said property is: 1270 W. Park Avenue, Redlands CA 92373
Dated:August 31,2004
Senior Civil Engineer,Public Works Opfftment,City of Redlands
VERIFICATION
1,the undersigned,say I am the Public Works Director of the declarant of the foregoing Notice of Completion,and have read said Notice of
Completion and know the contents thereof;the same is true of my awn knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 31,2004,at Redlands,California. w rr
Public Works Director,Public Works Department,City of Redlands
and authorized the Mayor and City Clerk to execute the agreement on behalf of
the City. The g City Council authorized this tolling agreement in closed session.
1 171 Z:)
Proclamation - Arthur J. Silvergleid, M.D. - On motion of Councilmember
Harrison, seconded by Councilmember Gil., the City Council unanimously
authorized issuance of a proclamation honoring Arthur J. Silvergleid, M.D.
upon his retirement on July 1, 2004, after 27 years of dedicated and faithful
service to the Blood Bank of San Bernardino and Riverside Counties.
Funds - Contract Awards - Petroleum Storage Tank Proiec - Bids were
opened and publicly declared on June 3, 2004, by the City Clerk for the
Petroleum Storage Tank Project at the Corporation Yard; a bid opening
report is on file in the Office of the City Clerk. It was the recommendation
of the Public Works Department that the responsible bidder submitting the
bid for said project which will result in the lowest cost for the City was
Warren Duncan Contracting in the amount of $75,130.00 and it would be
in the best interest of the City that this contract be awarded to said firm.
On motion of Councilmember Harrison, seconded by Councilmember Gil,
the City Council unanimously awarded the construction contract for the
Petroleum Storage Tank Project to Warren Duncan Contracting in the
amount of$75,130.00 and authorized the Mayor and City Clerk to execute
the contract agreement on behalf of the City. On motion of Councilmember
Harrison, seconded by Councilmember Gil, the City Council unanimously
authorized the purchase of the above ground storage tanks from Orange
Coast Petroleum Equipment, Inc. in an amount not to exceed $27,038.00.
On motion of Councilmember Harrison, seconded by Councilmember Gil,
the City Council unanimously approved an appropriation in the amount of
$112,368.00 for this project.
Funds - Pre-Disaster Mitigation Grant - On motion of Councilmember Harrison,
seconded by Councilmember Gil, the City Council unanimously accepted a Pre-
Disaster Mitigation grant funded by the Department of Homeland
Security/FEMA and appropriated $154,437.00 to facilitate planning,
development, implementation and maintenance of the City of Redlands/Public
Works Department Local Hazard Mitigation Plan.
Agreement - Crossing- Guard Personnel - On motion of Councilmember
Harrison, seconded by Councilmember Gil, the City Council unanimously
approved an amendment to the agreement with All City Management Services,
Inc. for the provision of crossing guard personnel and authorized the Mayor and
City Clerk to execute the amendment on behalf of the City.
Ao,Teement. - Redlands Community Music Association - On motion of
Councilmember Harrison, seconded by Councilmember Gil, the City Council
unanimously approved a facility use agreement with the Redlands Community
Music Association for use of the Joslyn Senior center for the purpose of
June 15,2004
Page 3
AGREEMENT
THIS AGREEMENT,made and entered into this 15"' day of June, 2004,by and between the City of
Redlands, a Municipal Corporation, organized and existing under the laws of the State of California,
hereinafter referred to as the "City", and
a partnership consisting of
or an individual trading as Warren Duncan Contracting
of the City of San Bernardino , County of San Bernardino
State of California,hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to
perform construction of Redlands Petroleum Storage Tank Project,complete,all as shown, specified,
and made a part of Contract No. 607500-7150.
2. For the Contract Sum of$75,130,in accordance with the terms and conditions of the Contract
Documents.
Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to
deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be
withheld by the City pursuant to and Escrow Agreement.
3. Time for Completion. The work shall be completed within twenty(20)work days from and after
the date of the Notice to Proceed.
4. Liquidated Damages.Failure of the Contractor to complete the work within the time allowed will
result in damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have
withheld from monies due it,the sum as set forth in the General Provisions for each consecutive
calendar day in excess of the specified time for completion of the work.
Execution of the contract shall constitute agreement by the City and Contractor that the liquidated
damages amount per day is the minimum and actual damage caused by the failure of the Contractor
to complete the work within the allowed 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.
5. Contract Documents. The complete contract includes all of the contract documents set forth herein,
to wit;Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond,Agreement,
Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any
Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or
conditions of this contract the prevailing party shall, in addition to any costs and other relief,be
entitled to recovery of its reasonable attorney's fees.
CD-14
7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers, agents, and
employees from and against any and all claims, losses,damages, and causes of action, including
death,brought by any person or persons for or on account of any wrongful or negligent act or
omission of the Contractor, its employees or agents in connection with the performance of the
Contractor's obligation under this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this
contract shall name the City, its elected officials, employees, and agents as additional insureds. Any
insurance required under this contract shall be primary with respect to the City and non-contributing
to any insurance or self-insurance maintained by the City.
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00
or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1,Article 1.5 of
the Public Contracts code (commencing with Section 20104). All claims shall be in writing and
include the documents necessary to substantiate the claim. Nothing in subdivision(a)of the Public
Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements
provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to
this Contract,theCity shall timely notify the Contractor. The City shall be entitled to recover
reasonable costs incurred in providing the notification required by Public Contract Code section
9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by
California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or
1777.7 and certify that they are not debarred and are eligible to work on this project.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this
agreement will be binding on another party without the written consent of the party sought to be
bound.
12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns
and legal representatives in respect to all covenants,agreements and obligations contained in the
contract documents.
13. Severability. Any provision or part of the contract documents held to be void or unenforceable
under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon the City and Contractor,
CD-15
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and
year first written above.
CITY SEAL
By:
4ayorof Redlands U— V
city,
City'
Cony
on y of San Bernardino,California
ATTEST:
cit,�`Cl�fk,City of Rod#d'
County of San Bemdrdir ,California
Warren Duncan Contracting
Name of Contractor
CONTRACTOR SEAL By:
Signature of Authori2-ed Agent
President/Owner
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
553327
Contractor's License No.
CD-16
�gE PR -.iso` s `iED FGA ED €N
�v,ffl,G N�-�.. `HE1'NAL'fit. R..,
tN E-171 T 04
,
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: AEB549715
COUNTERPART NO. PRECiIUTM: $1.B78.OD
PERFOR-NL ACE BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as
City), and Warren Duncan Contracting(Hereinafter designated as Principal) have entered into an
agreement whereby Principal agrees to install and complete certain designated public improvements,
which by said agreement dated June 1.5, 2004, and identified as Contract No. 607500-7150, is hereby
ref red to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the
performance of tine, cork,to furnish a good and sufficient faithful performance bond with the City.
NOW,THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound
unto the City in.the sum of seventy five thousand one hundred and thi-t;dollars (S75,130-00) for tine
payment of which slim well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators,jointly and severally, firmly by Cciese presents.
The condition of this obligation is such that if the above bounded Principal,his or her heirs, executors,
administrators, successors or assigns,shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made
as therein provided,or'is or her part, to be kept and performed at the time and in the manner therein
specllfed, and in all respects according to tnei true intent and meaning, and shall defend, Inde-mnif}-and
save harnless the City,its elected officials, officers, agents,and employees, as therein st-,pulated,then
this obligation shalt become null and void, otherwise it shall be and remain in full force and effect.
,?s a part of the obligation Secllred hereby and in ad6ifion the--fac, amo int snecifi d the'efor, there shall
L
includtc, costs and reasonable expenses and fees, including attorney's tees Incurred by the City in
successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The SUrey her-,by-stipulates and &a eS that no change, eXtvllSlOri of tine, alteration or add16 on to the
eernzs of the agreement or to the work to be performed thereunder or the specifications accompanvzrg'Clic
shall in an}-,vise affect its obligations on:his bond., and it does hereby waive notice of any such
change,extension of time, alteration or addition to the terms of the agreennent or to the work or to the
sped cations.
I �'ITESS WHEREOFthe insru;rlent has been dui} executed by the Principal and surety iaaried
on JUNE 18 200 4. Bond l lo. AE;'549 r 15
WARREN DUNCAN CONTRACTING ;'S1 GULF - r_NSURANC_ COMPANY
Principai , ff Surety
Signature Sign re ULTA B. LEONARD, AA DRN :Y'-!N-,'ACT
WARREN DUNCAN, OWNER Address: 127O EAST BROADWAY RDAO, SUITE I11
k EMPE AZ 85282,
!_", hon C gn ) e3?-S500
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On JUN 2 8 2004 before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD,ATTORNEY IN FACT
Name(s)of Signers)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
S. KySEirtt behalf of which the person(s) acted, executed the instrument.
Commis5lon#t 274061
N)tory pub8c
�, Tono County WITNESS my hand and official seal.
KAy Cc)mm.Ux �Sep 12.2004 /1
Sign e of Notary u lic
------------------------------------_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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- F-1Limited ❑ General ❑ Partner- F-1 Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee . ❑ Trustee - • II :'_-
❑ Guardian or Conservator . .- ❑ Guardian or Conservator •
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
Gulf Insurance Group
125 Broad Street,8,1 Floor
SGulf New York,NY 10004
Insurance e Groep Phone:212.291.3100
Terrorism Risk Insurance .Act of 2002 Update
Required Notices for New/Renewal Business
Dear Gulf Bond Agent or Broker:
As you know, the Terrorism Risk Insurance Act of 2002 ("the Act") became lave- on
November 26, 2002. Among the key features are those requiring that notices be sent
to all existing and future customers which disclose; (a) the premium charged for
providing terrorism coverage required under the Act; and (b) the Federal Government's
share of compensation for such losses..
We have sent the notices required under the Act to all bond customers with coverage in
force as of November 26, 2002. We must also provide such notice as a separate line
item on all new and renewal business and on all formal written quotes for such
business. For many of our products, these notices will be sent directly by Gulf
Insurance Group from our offices. However, it will be necessary for you to provide the
required notices with all Gulf bond products and formal written quotes that you issue
on our behalf. To that end; we have attached a copy of the notice that must be
attachedto. all Gulf policies and bonds, and to. any formal written quotes, which you
issue on or after February 24, 2003.
We thank you in advance for your assistance and cooperation in implementing the
requirements of the Act. if you have any questions or concerns, please don't hesitate
to contact your local bond underwriter.
"rw.gulfinsur ance.com
GULF INSURAN"" COMP NY BOND
POWER OF.21 TORNEY
ORIGINALS OF I'll-KS 11 )"k,ER OF, 'ORIPNEY ARE D RILYAl
ADDRESS
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SAME �._r
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WARREN DUNCAN CONTRACTING
ip
2148 GLEN HELEN PARKWAY
DEVORE CA 92407
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com,papy on. ,,
Scnio.,Vicei
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President:�.t.�,c s.c>s x;Y, 's ,is.`,t'4v z,..,. l:.,ts,ex—.,...,,u.t..c.. 'bf. s#
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l}i Attorney constituting a.Y's'34if,-,rn'1 F .ac"5udh,persons,g..la" oFr corpsnafions-a.:,
rnaay be sc lected fitnn filne t tii.se and sy y h t c>r ts,t; t i lay l- rennoved E i=E T�' T
and the auttiority gtarste.i hint revoked by the President, ,}. n F xec olive Vice � E
President,
d anx ,iii Senior Vice President, or rry the', Bot d of Directors car by the
Finance
d ae. cit JUNE 28 2004
C'oitiiiiitis°e�of tile Fici.er,i of C.)irr c'crrs. +
RESOLVED,that ratthin in this F"f>maef o Attorney Shall hie,,construed s a grant
of authority to tiler,attorney(s)-in-fact to sign, execrate,acknowledge,deliver or otki- CONTRACT A C9UNT
erwise issue a policy or policies of insurance,on he half of Gull 1nsur}Aric �,,6 Y9171'ai ly.
RES0 1VED that the signature of the President Ex crx" e Vt ; t <sscEeiit or 75,130.00
arse Senior'vice F e sdie,nt i ut the Seal cal'Adie a onitraral in.I x a.fi z><i tc y,si cl't
Power of'Atfonwy or any ceItifi,cate X 'it+rig ¢be eto by °acs r Fide and anv such p�y '
powers so,xecuteCi atilt ccr it.id by fiacsinul .,i niatui- and fats.iii e seal Miall he. 3OND AMOUNT
valid a h t i i t the i s iagi 3 , t + t t o t fc. .:a ,c,uy: :a,.cd
,> c a eta 75,130.00
G_`°Insurance ...,)Gs y dces eta=t t t<_l,e., s.,,it it .,.t ;...
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: AE8549715
Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard
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q�L,3 •l`<%y i NEW Y"4.33'1... e".i:esnittive Vice President
On the Ist dad of 3.:aber,Nils)1 A.D-=idiot nre c a_le Lawrence e'.Minuet,known w the personally who being by aw duly saws ,€fiddepose ata say;
that he resides in lite a'i,ally cif Berge% State of New Jersey 'haat he is the Executive Vice President of the t.laaCf Irtnsaaraance t`oinfiany, the corporation
described in and which executed the above irastroment,that he knows the sea#of said corporation;;thaat the seaa#affixed to the said iaastrumerris is such csar-
arate seal;that it was raac afrured by order of die Board of Directors of said corporation and that he signed his name,thereto by like order.
d0
Cr) I A �EIA8(
. i10, �,f� i :Hai€ary Public,State of New York
No.01NIA6019988
STATF OF NEW S'OIf.Em N (0raaahfit,d ra Kings f;a3iaasty
? SS f.sura ai.asiaait f; f:irC,February in,?€itl
COUNTY OF NEW YORK
I,the undersigried,Senior Vice Pre siden'of tile C�a_if Insurance ce t`omrzaarsy a a ratanectr4:.sat('iarg r°a€io__,€Y.)ai a REB Y t E; TIV'that the foregoing ata
� asMrw_ .. ave ` _. _
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,..,,0 e 28TH day fur JUNE 20 04
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AF�549715 t u
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i�
State of —
C a l i f o r n i a
i
C County of _ San Bernardino
i
—
C On --
Misty L . Miley NOtary Public
—before me,
Name and Title of Officer(e.g.,"Jane Doe,Notary Public") '
personally appeared Wa r r e n S. D u n c a n
Name(s)of signer(s) --- --- )
C personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persons) )
whose name(s) is/are subscribed to the within instrument i
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signaturp(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument. 1
WITNESS my hannd official seal. t
Signature of Notary Pu6ii
)
OPTIONAL i
i
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
i.
fraudulent removal and reattachment of this form to another document. l
i
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
>i
Capacity(ies) Claimed by Signer(s) �
Signer's Name: Warren S Duncan Signer's Name:
L Individual ❑ Individual i
❑ Corporate Officer
❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee ❑ Attorney-in-Fact
t' ❑ Guardian or Conservator ❑ Trustee ;t
• - ❑ Guardian or Conservator
To
❑ Other: p of thumb here
i ❑ Other: Top of thumb here )
Signer Is Representing: Signer Is Representing:
Warren Duncan Contra ting
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®1995 National Notary Association•8238 Remmet Ave_,P.O.Box 7784 Canoga Palk,CA 91309-7184 -"
Prbtl.No.5907 Reorder Call Toll-Free 1-8(18-87&6827
0 1 lz
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: AES549715
COUNTERPART NO._L_ PREMIUM: INCLUDED IN THE PREMIUM
CHARGED FOR THE PERFORMANCE BOND
PAYMENT BOND
WHEREAS,, the City Council of the City of Redlands, State of California(hereinafter designated as
"City"), and Warren Duncan Contracting(hereinafter designated as "Principal")have entered into an
agreement whereby Principal agrees to install and complete certain designated public improvements,
which by said agreement dated June 15, 2004, and identified as Contract No. 607500-7150, is hereby
referred to and made a part hereof; and
WHERE AS,under the terms of said agreement, Principal is required before entering upon the
performance of the work, to furnish a good and sufficient labor and materials payment bond with the City
to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code of the State of California, ,
NOW, THERE,FORE, said Principal and the undersigned as corporate surety, are held and firmly bound
unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of
California in the sum of seventy five thousand. one hundred and thirty dollars ($715,130,00) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount
herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the face
amount thereof, costs and reasonable expenses and fees, -including reasonable attorney's fees, Incurred by
the City in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 15 (comi-nencing with Section 3082) of Part
4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void-,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in agnosia affect 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 agreement or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on DUNE 28 2004. Bond No. AE8549715
WARREN DUNCAN CONTRACTING (SEAL) GULF INSURANCE COMPANY
Principal Surety
z Ae
B v:
Bv
Si nature WARREN DUNCAN, OWNER SIV-, A�ULI4 E3."LEONARD, ATTORNEY—IN—FACT
Address: 1279 EAST BROADWAY ROAD, SUITE 111
TEMPE AZ 85262
(Notarial Acknowledpicnis of Principal and Suicty) Telephone: (480 297-86DO
Cb-19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On JUN 2 8 2004 before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer(e,g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD, ATTORNEY IN FACT
Name(s)of Signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
S. L KYSETH signature(s) on the instrument the person(s), or the entity upon
it 4k Commtsslon#1274061 behalf of which the person(s) acted, executed the instrument.
L Notary Pubic—carffomla
San Bemarctno County
r„tycornm.ExpiesSep IZ2M4 WITNESS my hand and official seal.
1
Sig?6 Ore 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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): _ ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee SWUM.,r ;r-
❑ Guardian or Conservator . - ❑ Guardian or Conservator • ,, e M ,
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
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wrwvo 'York,wv �0004
Insurance Group p�o"e� z�2z91-aoou
Terrorism R'S[' |DSU[Eln[e Art Of 2007 Update
Required Notices for New/Renewal BUS'neSS
Dear Gulf Bond Agent or Broker:
As you know, the Terrorism Risk Insurance Act of 2002 ("the Arf) became !avv on
November 25, 2002. Among the key features are those requiring that notices be sent
to all existing and future customers which disclose; (a) the premium charged for
providing terrorism coverage required under the Act; and (b) the Federal Government's
share of compensation for such losses.
We have sent the notices required under the Act to all bond customers with coverage in
force as of November 26. ZOOZ. We must also provide such notice as a separate tine
item on all new and renewal business and on all formal written quotes for such
business. For many of our products, these notices will be sent directly by Gulf
Insurance Group from our offices. However, it will be necessary for you to provide the
required notices with all Gulf bond products and formal written quotes that you issue
on our behalf. To that end, we have attached a copy of the notice that must be
attached to, all Gulf policies and bonds, and toany formal written quotes, Which! you
issue on or after February 224, 2003.
We thank you in advance For your assistance and cooperation in implementing the
requirements of the Act. If you have any questions or concerns, please clon't hesitate
�o contact your |o[al bond underwriter.
'
vvvvw/ gu|�nsurancezorn
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT BOND
NUMBERAE 8549715
PORWER OF ATTORINEY /I-
ORIGINA-1;S OF TFIS POINER OF_,"1r'rOP_T'-4EY APIE PRLNT1 ED ON BLUE NAME, ADDRESS
IPRINCIPAd : CITY� STATE, ZIP
SAFETY RA.PER W:7H EA- TUNK. DUPLITCATEIS SIL LL IMVE THE
SAJYMM IFORCE''N.D EFFEECT �S AN 0R1G1"-'L CI,.. s' ENSUED i N
CONJUNCT10y,WITI,ii!THIE ORIGIIT-42�,L
KNCYLL=tMIEN BY THISSE PRESENTS:7ha--1 dhit Guff insurancc cotn-'Ln�'-" WARREN DUNCAN CONTRACTING
a copo rationm
4ul i
d 1� zcd tinder laws o,thc State of_�)nnen'.11'.' ha-vinlg its 2148 GLEN HELEN PARKWAY
principal office in the cit� oi 1 ,g, icx-as, am w tee ")Doswmg DEVORE CA 92407
adopted by the Finance&Executive Commmitet of the&oard oDntctort 01 the S=
Company on the 10th day of August, 1993% o 'Vit:
"RESOLN'ED,that he President,Executive Vice Presidtcnt or any Senior Vice
President of the Company shall have autinonty to rnaLe,execum and dtinle-
Pow"n
of Attorney constitutlog as Attomey-in-Fact,such persons,firms,or cor-"orations as
may be selected from time to time and any such Attorney-in-Fact may be removed
and the authority -nanted him revoked bv the President. or any Exenudv' Vice EFFECTIVE DATE
President, or any Senior Vice President, ;r by the, Board of Directors or by the,
Finance and Executive Committee of the Board of Directors. JUNE 28, 2004
RESOLVED,that nothing in this Powerof Attomey shall he construed as it grant
of authority to the attorn ey(s)-in-fact to sign,execute,acknovAede,deliver or oth- CONTRACT AMOUNT
trwise issuert.policy orpolicits of insurance on behalf wGulfkr,surance C"Onlpany
RESOLVED, that the si.�nature of the President, Ex".cudve Vice Pesilem or v75,130,00
any Senior Vice Prerid�,rtl,wrid tht Seal of t"he'Compan' nnav affix"'d to,any stt'ch
Power of Attomey or any CeTtifi=,- re -Ondte�r�
lag w by facsimilt, and a c;uch
D w tae and certified by signature and iacslrnilt�sea! ,n x>! I BOND AMOUNT
o Iffs so De,
valid and binding upon he Comoan-v tn ihc fU ,.,.. :o any and
do.'urntnts ltlannfi such bondsm v.?hich thtach75,130.00
Gulf hnsur--n—11'ornn'any C_ot';
.P
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: AES549715
---- Kenneth A. Coate, Mark N. Cladding, Julia B. Leonard ----
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cyn the C'.1v ii Cllenkj-ac '1"1'-'�"-'.'."A.""%' F N"'kirL�trwjk�'t"'1 nat.�''trsumK-I`i who,hp 33 1,y me duh, swomi,did:dep'ese
ffipt
he rt�;i
dk�' in the llm.mty o� st.o.'.1c os. TQ'ev"
e re'4-i�,ric of'the Gulf;"rusmrance C'oznpinys the corporanon
describzd in,and whici,executed is a'Lzn,'e tho,.t !'maws ne"O 0'^sair:corporation;ffi:at t"Fleseal aff-inied to the said irLqtruMents;s vuch ot"r-
porate seal; th�at""A'%'vo-s't hy ordez- "Roard",(14" a,"'t;-id. 'rnd that hc
ned his name,the rato by like ordern
..........
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4�1.AIIAIIIR-EEGAZO,
ANm�jL
:stark Public,State of New York
STATF OF NEW YOkK No.OIMA609988
Qutlffiee!it,, Kings('o',"nty
COUN7TY OF NEW YORIK SS C'Annrnission E"Pires February 16,1-07
L the,undenli,-gmed,Scn.-or" t" n'"a,vz C'or DKO FiEREBY CIERTTIFY that the fure�€a.:A and
a-tiached"C'A ER OF U
Signed and&ealll�dl'a� 1'01_�_
Da-, the 26TH dav izf
Uu
A h859 415
Ge<P_-1e IEHLnncardi
icnk,Viccnt