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Home My WebLink AboutProfessional Service Agreement with JensenBelts Associates for Autumn Faire ParkAUTHORIZATION FOR PROFESSIONAL SERVICES DATE: May 19, 2005 PROJECT NAME: Autumn Faire Park PROJECT NUMBER: JBA No. 513 CLIENT: Meridian Parks and Recreation Department ADDRESS: 11 West Bower Street Meridian, ID 83642 SCOPE: Refer to attached proposal dated 4/13/05 COMPENSATION: $18,870.00 lump sum fee, plus expenses for Design and Construction Documents. Time and expenses for Bidding and Construction Administration. Invoicing monthly for work completed with payments due 30 days thereafter. Refer to attached proposal dated 4/13/05. SPECIAL PROVISIONS: Complete restroom and shelter construction drawings and specifications provided by MPR for inclusion in the documents package. Typical park amenities and details provided to consultant by MPR for inclusion in documents package. CLIENT AUTHORIZATION SIGNATURE 1~~~M,~~ ti c~z~ NAME/TITLE Don Stron Duector DATE ~~~3~~s April 13, 2005 Mr. Doug Strong Meridian Parks and Recreation Departmem 11 West Bower Street Meridian, ID 83642 RE: AUTUMN FAIRE PARK Scope of Services and Fee Schedule -Revised Deaz Doug: We have prepared a Scope of Service and Fee Schedule for your review. PROGRAM COMPONENTS: .lL ^~~ •~~I 1~~~~~t f~~~~- sae~es>.~_ xa~mess- JENSENBELTS ASSOCIA7E5 Sile Planning Landscape Ar<hltetture We assume that all the items listed below would be constructed in Phase One unless otherwise noted. 1. Restroom Facility: Owner supplied, pre-designed restroom. Drawings available on CARD and stamped by original architect. Mens'/Womens' with central utility and maintenance room. Seasonal shutdown. City sewer hookups. Design and document, but stubouts only in Phase One construction. 2. Pazk Shelter: Owner supplied, Contractor installed, prefabricated shelter. Security lighting and 110v outlets. No domestic water. Drinking fountain with hose bib located near the shelter. Design and document, but stubouts only in phase one construction. Pazk utilities including water, sewer, electrical, and site lighting. 4. Vehicular access, parking lot, and site drainage. Path system for internal circulation and off-site connectivity. 6. Playground facility With owner-provided prefabricated equipment, curb enclosure, and play surface. Design and document, but curb enclosure only in phase one construction. Half-court Basketball facility. 8. Informal, multi-use fields with softball backstop. 9. Landscaping, including trees, turf, and limited shrub plantings. 495 Main Street (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 email jba@jensenbelts.com JBA Scope 4/12/05, Pg. 2 10. Fully automated irrigation system with pump station (pump station design/build), including lake for water supply. Provisions shall be made to accommodate maxi-com system. 11. Owner provided, owner installed, prefabricated amenities including drinking fountains, benches, trash receptacles, and signage. Stub outs and concrete pads installed in phase one construction. SCOPE OF WORK: Design: Prepare preliminary design (Concept Sketch) for review by MPRD Staff. • Revise/refine Concept Sketch • Prepare Master Plan and cost estimate for MPRD Staff and Board Review (Colored Rendering). • Prepare final plan (Design Development) for construction documents preparation. Construction Documents: Layout and Dimension Plan • Grading and Drainage Plan • Imgation Plan, Pump Station (Design Build), Irrigation Lake Plan • Planting Plan • Site Utility Plan • Site Lighting Plan • Restroom Plan/Details (provided by MPRD) Park Shelter P1an/Details (provided by MPRD) • Construction Details • Technical Specifications Review Cost Estimate "'*ZBidding: • Pre-Bid Meeting • Contractor Inquiries • Addenda Bid Opening x2Construction Administration: Pre-Construction Meeting • Inspections/Reports • Change Orders Punch List • Final Inspection • Contractor Warranties/As Builts * ~ MPRD/City Clerk, City of Meridian will publish of5cial notice. *~ MPRD will be responsible for Bidding and Construction Administration and will request assistance from consultants when needed. 495 Main 5lreet (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 email jba@jensenbelts.com JBA Scope 4/12/05, Pg. 3 FEE SCHEDULE: Site Planning/Design 7ensen-Belts Associates Design ............................................................................................ $ 4,800.00 Construction Documents ................................................................. $ 5,900.00 Civil Engineering Earl, Mason, & Stanfield, Inc ..................................................................... $ 5,470.00 Electrical Engineering Farren Engineering, Inc .............................................................................. $ 1,200.00 Architecture ZGA Architects ......................:................................................................... 1 500.00 TOTAL ................................................................................................................ $ 18,870.00 Total does not include Bidding/Constnxction Administration or direct expenses (i.e. plotting, printing). MPRD will print bid sets for contractors. Bidding/Construction Administration will be invoiced on an hourly ($80.00/Hr), when requested by MPRD, basis. If you have questions or concerns, we welcome the opportunity to discuss this project further. Regards, 495 Main Street (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 email jba@jensenbelts.com THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond 849712P Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HILLSIDE LANDSCAPE CONSTRUCTION, INC 2350 HILL RD. BOISE, ID. 83702 SURETY (Name and Principal Place of Business): DEVELOPERS SURETY AND INDEMNITY COMPANY FIVE CENTERPOINTE, SUITE 530 LAKE OSWEGO, OR. 97035 OWNER (Name and Address): CITY OF MERIDIAN 33 EAST IDAHO AVE. MERIDIAN, ID. 83642 CONSTRUCTION CONTRACT Date : 11 /04/05 Amount: $ 234,341.00 Description (Name and Location): AUTUMN FAIRE PARK BOND Date (Not earlier than Co Amount: $ 234,341.00 Modifications to this Bon CONTRACTOR AS PRINCI Company: HILLSIDE LANDSCAPE None _= ~~ fee Page 3 SURETY Company: (C~rporate. Seal) DEVELOPERS SURETY AND IND€~MRTITY COMPANY ~~ ~ -- Signature~ ~ / Sig Name and Title: G~;~ Yo ti~r~ / Name and itle: RYL .RICHTER n-~=~~~ ~~~- ATTOR EY IN FACT (Any additional signatures appear on page 3) AGENT or BROKER: (FOR INFORMATION ONLY Name, Address and Telephone) ALLIED BONDING OWNER'S REPRESENTATIVE (Architect, Engineer or P.O. BOX 6616 other party): BOISE, ID 83707 208-345-4177 te): 11/28/05 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ®, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: • 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or • 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. It the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVE., N.W. WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A372 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond 849712P Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): HILLSIDE LANDSCAPE CONSTRUCTION, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY 2350 HILL RD. FIVE CENTERPOINTE, SUITE 530 BOISE, ID. 83702 LAKE OSWEGO, OR. 97035 OWNER (Name and Address): CITY OF MERIDIAN 33 EAST IDAHO AVE. MERIDIAN, ID. 83642 CONSTRUCTION CONTRACT Date: 11/04/05 Amount: $ 234,341.00 Description (Name and Location): AUTUMN FAIRE PARK BOND ~~~Nnai~~~~• Date (Not earlier than Constru.~~n~, L+-~te): 11/28/05 - _ Amount: $ 234,341.00 •.•'`p~' ~~- ••• _ - -~_ _ _ Modifications to this Bond:.• 5 C~Rp O '~ .~~ O* N ~X None ~ See Page 6 CONTRACTOR AS PRINCIPA~~ ~~ ~~ ~~ ,c SURETY Company: ~ Comte ~ Company: (Corporate Seal) HILLSIDE LANDSCAPE CON OIQ ~ DEVELOPERS SUR TY AND INDEMNITY COMPANY u-If ~O ~ .~~; Signature: ~ Sign Name and Title: ~ I~ ~ / ~.-. /tK S~ Acvt Name and Ti e: YL A. RIC TER `J TORNEY,II'V FACT (Any additional signatures appear on page 6) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ALLIED BONDING other party): P.O. BOX 6616 BOISE, ID 83707 208-345-4177 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING- MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 - PERfoRMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W. WASHINGTON, DC 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED.• AIA ® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH ]987 # 849712P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMINITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Karyl A. Richter*** as thew true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that Ure signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by tirev respective Secretary this 1st day of February, 2005. B ~s~~,~~u•ANp~ jj; Y~ David H. Rhodes, Executive Vice-President sJQ`~ •P°P 0 ' y a• °~ 4pK Rqr~ ,~ ? ~ = OCT. :W~ 10 By_ cat 1936 Walter A. Crowell, Secretary ~ ;~7~%°••, SOW A„off°, STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1, 2005, before me, Nita Ca Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed We same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. NITA Q. HIFFMEYER ~~ _ C~u1M. * 1649481 ~ Nt7fAIlY PlIB41C GAl.I1r0E1tAA • ORAN(IE OOl1NTY Signature ~ comm. asgrlreq Jen.10, 2006 CERTIFICATE The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and fiuthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 2 8 day of November 200 5 ~~ ~3' David L. Kertigen, Bxecutive YrcaPreaident ID-1380 (Rev 2/05) 4G~ In~~ICO °~Mp DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created athree-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fkch, Sulte 200 Irvine, CA 92614 (949) 263 3300 www.InscoDico.com ID-1498 (Rev. 5/03)