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HomeMy WebLinkAbout2004-0381 2 3 4 5, 7 8 9 10 11 12 131 141 1 17 18 19 20 21 RESOLUTION NO. 2004-38 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO SAN ANDELL POOLS FOR THE REPLASTERING AND ASSOCIATED SCOPE OF WORK AT THE MILL CENTER SWIMMING POOL IN THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. San Andell Pools is the lowest responsible bidder for the replastering and associated scope of work at the Mill Center Swimming Pool in the City of San Bernardino. A contract is awarded accordingly to said Contractor in a total amount of $41,600.00, with a contingency of $6200.00. Such award shall be effective only upon said contract being fully executed by both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached hereto as Exhibit A and incorporated herein. The Purchasing Manager is hereby authorized and directed to issue a purchase order which references this Resolution to said vendor in the amount of $41,600.00. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. 2004-38 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO SAN ANDELL POOLS FOR THE REPLASTERING AND ASSOCIATED SCOPE OF WORK AT THE MILL CENTER SWIMMING POOL IN THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 2nd day of February 2004, by the following vote, to wit: 7 Council Members: 8 ESTRADA 9 10 LONGVILLE 11 MCGINNIS t9 DERRY 16 17 18 19 211 ✓M1 2511 PRE SUAREZ ANDERSON McCAMMACK AYES NAYS x ABSTAIN ABSENT & cea Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this n day of February 2004. Approved as to form and legal content: F. Penman, City Attorney R Valles, Mayor of San Bernardino 2004-38 Exhibit "A" AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 2nd of February 2004, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and SAN ANDELL POOLS., hereinafter referred to as "CONTRACTOR". WITNESSETH WHEREAS, City desires to obtain swimming pool replastering services for the Mill Center Community Pool in San Bernardino, California; and WHEREAS, Contractor is qualified and licensed to provide said services; and WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Contractor shall perform those services specified in Request for Proposal, RFP F-04-039 and as contained in the proposal dated December 4, 2003, (which is on file at the City Clerk's Office) and proposed costs, a copy of which is attached hereto as Exhibit "1", and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Contractor shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Contractor shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the Request for Proposal RFP F-04-039 dated November 7, 2003, are made an obligation of Contractor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Contractor for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. Contractor shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 2004-38 Exhibit "A" 5. COMPENSATION A. Upon satisfactory completion of the work, the Contractor will be paid time and material not to exceed $41,600.00 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual work performed by task. Contractor will submit an invoice to the City monthly. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Contractor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Contractor. Any adjustment of the total cost of services will only be permitted when the Contractor establishes and City has agreed in writing that there has been, or is to be, a significant changein: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. The Contractor is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Contractor is required to comply with minimum wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every month by Contractor to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Contractor within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any services 2 2004-38 Exhibit "A" rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Contractor for all the fees, charges and services performed to City's satisfaction by Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor hereby covenants and agrees that upon termination of this Agreement for any reason, Contractor will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Contractor from any claims, losses, costs, including attorney's fees and liability arising out of such use. Contractor shall be compensated for such services in accordance with Exhibit "1". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Contractor. Upon such notice, Contractor shall provide work product to City, and City shall compensate Contractor in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Contractor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Contractor shall notify City within three (3) days in 3 2004-38 Exhibit "A" 11 12. writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. INDEPENDENT CONTRACTOR Contractor shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Contractor shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Contractor and the City. ASSIGNMENT OR SUBCONTRACTING Contractor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Contractor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Contractor and City: CONTRACTOR Sean Nankani San Andell Pools 402 S. San Gabriel Blvd San Gabriel, CA 91776 14. RESPONSIBILITIES OF PARTIES CITY Jim Sharer Director of Facilities Management 300 N. "D" Street San Bernardino, CA 92418 A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. Exhibit "A" 2004-38 All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. HOLD HARMLESS CLAUSE A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Contractor under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. INDEMNITY Contractor shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Contractor's negligent performance of services under this Agreement. Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless Contractor from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Contractor and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates E Exhibit "A" 2004-38 required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Contractor. A. Comprehensive General Liability and Automobile Insurance. The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance. The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. HN Exhibit "A" 2004-38 AGREEMENT FOR Pool Services with San Andell Pools. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: BY: wP Rach Clark, City Clerk City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney B Y:dG CITY OF SAN BERNARDINO Talles, Mayor San Bernardino San Andell Pools BY: %�-- Signature NAME: `JP Ginn . Nak&kczw TITLE: 7 City of San Bernardino Request for Proposal Due: 12-04-03 at 2:00 PM Purchasing Department F 04-039 Page 14 of 26 Mill Center Community Pool Resurface however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a proposal, offeror warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by offeror, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in offeror's proposal. Proposals lacking copies and/or proof of said licenses and/or certifications may be _deemed non- responsive and may be rejected. C. COST AND PRICE FORMS ON or shall complete the Price Form in its entirety including: 1) all individual tasks listed and total price; 2) basis on which prices are quoted; and 3) Offeror's identification information including a binding signature. Offeror shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 2004-38 City of San Bernardino Request for Proposal Due: 12-04-03 at 2:00 PM Purchasing Department F 04-039 Page 16 of 26 Mill Center Community Pool Resurface Alternate Add Scope: 10 Remove and replace all coping around the pool perimeter. Match original. Cost: % Occ 'a 11 Remove and replace cracked or chipped coping only. Match original. Cost: 6-0 0 =Oa 12 Upgrade existing automatic chemical treatment system to Chemtrol PC 5000 or equal Cost: 6 p/OO %Gv 13 Provide chemical treatment communication package for remote accessing. Cost: 160j 14 Test sand gradient in filter, replace sand or add as appropriate. (sand original to pool construction, last tested two years ago). Cost: 2-0-0-� 15 Provide Anchor Industries Inc. mesh pool cover system with 144-month warranty Cost: //o bS-Z) %n-& 16. 7>EGo Stagy Cost: /2 oO Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (Circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your proposal all informational items and forms as requested? Yes / No . (Circle one). If you answered "No", please explain: City of San Bernardino Request for Proposal Due: 12-04-03 at 2:00 PM Purchasing Department F 04-039 Page 16 of 26 Mill Center Community Pool Resurface PROPOSAL BOND (In lieu of cash, cashier's check or certified check) KNOW ALL PEOPLE BY THESE PRESENT: as CONTRACTOR, and as Surety, are held and firmly bound unto THE CITY OF SAN BERNARDINO, hereinafter called OWNER, in the sum of ten (10) percent of the total proposal price for the PROPOSAL purposes. We bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. WHEREAS, CONTRACTOR shall forfeit the proposal bond in the amount of Dollars and Cents (ten percent of total proposal price), and such security shall be applied to or be remitted to the City of San Bernardino, as liquidated damages, should the offeror to whom the contract is awarded fail to enter into the contract. All bonds furnished pursuant to this notice must be underwritten by a surety company, having a rating in Best's most recent insurance guide of "A" or better. work SIGNED AND SEALED, this CONTRACTOR SIGNATURE day of (SEAL) SURETY BY: SIGNATURE (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) 20 (SEAL) Note: All bids or proposals shall be accompanied by a bidder's bond, certified or cashier's check, or cash in the amount of ten (10) percent of the total bid. 2004-38 State Ot California •- CONTRACTORS STATE LICENSE BOARD couwmcr�•" ,u ACTIVE LICENSE tl 1reW1Y 721316 r CORP POOL SPA CLUB INC DBA SAN ANDELL SWIMMING POOLS C53 HIC 04/30/2005 a ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID D DATE(MM/DDIYYYV) SANAN-1 03 12 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Arrow Insurance Service HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2535 Townsgate Road Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Westlake Village CA 91361-2650 Phone:800-833-3433 Fax:805-497-2229 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER ACentury Surety Company INSURER B: INSURER San Andell Swimming Pools 402 S. San Gabriel Blvd. San Gabriel CA 91776-1949 INSURER D' INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YV E EX IR DATEPOLC MM/DDIW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY CCP266533 07/23/03 07/23/04 PREMISES (Eaaccurence) $50000 X CLAIMS MADE ❑OCCUR MEDEXP(My oneperso,) $excluded PERSONAL S ADV INJURY $1000000 GENERAL AGGREGATE $ 2000000 GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 1000000 POLICY 7 PRO- JECT LOC Emp Ben. EXCLUDED AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ 8 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORV LIMITS JO ER EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNER/EXECUTIVE E. L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E. L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS SWIMMING POOL INSTALLATION *Ten days notice of cancellation for non payment of premium applies Certificte holder is listed as additional insured City of San Bernardino 300 N. D st. CERTIFICATE HOLDER CANCELLATION CITYSBl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI' DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Bernardino IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Michelle Taylor PO BOX 1318 REPRESENTATIVES. San Bernardino CA 92418 AUTHORIZED REPRESENTATIV , hL I y 1081 O ACORD CORPORATION 1988 POLICY NUMBER: CCP266533 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Bernardino 300 N. D st. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury' or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or d amage a rises h as b een put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 011 © 130 Properties, Inc., 2000 Page 1 of 1 13 3/12/2004 10:04 AM Evergreen Insurance 1626287-3525 001 ACORD CERTIFICATE OF LIABILITY INSURANCE 03/12/2 o ) PRODUCER (818) 344-7500 FAX (618) 344-5411 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GNW-Evergreen Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7006 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tarzana, CA 91357-7006 INSURERS AFFORDING COVERAGE I NAIC # INSURED Poo spa Club, Inc. INSURERA: Mercury L.asualty Lompany 119UO DBA: San Andell Swimming Pools INSURFR B: DBA: S.K. Belden Company INSURERC. 402 South San Gabriel Blvd. INSURER Or San Gabriel, CA. 91776 INSURER E: G THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDINi ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD' TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DATE IMMIDWY) POLICY"PIRATION DATE NMADD1YYi LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTEDer�l y COMMERCIAL GENERAL LIABILITY MEO EXP(My me person) $ CLAIMS WOE OOCCUR PERSONAL & ADV INJURY $ GENERALAGGREGATE S GEN. AGGREGATE LIMIT APPLIES PER', PRODUCTS- COMPIOP AGO S POLICY JECT PRO- LOC AUTOMOBILE X UASILNY ANY AUTO AC11058524 07/09/2003 07/09/2004 COMBINED SINGLE LIMIT (Eaecbaem) E 1,000r00 BODILY INJURY (Per person) S ALL OWNED AUTOS A SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per actidenU S GARAGELIABIUTY AUTO ONLY - EA ACCIDENT S OTHERTHAN EA ACC $ ANY AUTO S AUTO ONLY: AGG EXCESSIUMBRELLAUAMUTY EACH OCCURRENCE S AGGREGATE S OCCUR CLAIMS MADE S S DEDUCTIBLE S RETENTION E Wf, STATU- OTH- WORKER9 COMPENSATION ANDER E.L. EACH ACCIDENT S EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFlCE"EMBEREXCLUDED? EL. DISEASE - EAEMPLOV S EL DISEASE - POLICY LIMIT E 11 yes, descries older SPECIAL PROVISIONS E Iow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECW. PROMKINS e: Project at Mill Center Swimming Pools. Any Auto coverage is for the benefit of the Certificate Holder -only. 'r10 days notice of cancellation for non-payment of premium applies. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 SHOULD ANY OF THE ABOVE DESCRBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL w3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT F7LVRE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR LIABILITY OF AM' KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) // OACORD CORPORATION 1988 3/12/2004 10:04 AM Evergreen Insurance 1626287-3525 002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE( YYYV) 03/11/11/04, PRODUCER AD Insurance Services PO Box 281900 San Francisco, CA 94128 (877) 234-4420 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSUNN&L SPA CLUB, INC. San Andell Swisuaing Pool Supply 402 S. San Gabriel Blvd. San Gabriel, CA 91776 CTL 1273 150747 INSURER A_ Virginia Surety Company, Inc. INSURER B: INSURER C. INSURER D: INSURERe COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE fMIAiDDVY1 DATE MM/DDNY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADEOCCUR EACH OCCURANCE $ LNIIU PREMISES Ea occurence $ MED EXP (any one arson $ PERSONAL IS ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEOT LOC PRODUCTS - COMP/OP AGO $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GAR AGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ S EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEH,VXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS belm 005-00014868 01/01/04 01/OS/OS X TRY IMIT R E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE EA $ 1, OOO, OOO E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS A LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Project at Mill Center swimming pool City of San Bernardino 300 North "D" St San Bernardino, CA 92418 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE VO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE OD78336 ACORD 25 (2001/08) (/ 0 ACORD CORPORATION 1988 ORIGINAL 'iE PQF44 M �S aRFDCATFo ON rTAND L%% & l oEa1 Phone 717-757-0000 Fax #717-751-0165 7� O 3350 Whiteford Rd., P. O. Box 3709, York, PA 17402-0136 ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66111873 PERFORMANCE BOND PREMIUM: $1350.00 KNOW ALL MEN BY THESE PRESENTS: That San Andell Swimming Pools as Principal, hereinafter called Principal, and Lincoln General Insurance Company, a corporation of the State of Pennsylvania as Surety, hereinafter called Surety, are held and firmly bound unto City of San Bernardino as Obligee, hereinafter called Obligee, for the use and benefit of claimants as herein below defined, in the amount of Forty -One Thousand Six Hundred and 00/100 Dollars ($41,600.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has awarded to the Principal, a contract for the work described as follows: Swimming Pool Replastering for the Mill Center Community WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract, THE CONDITION OF THE OBLIGATION IS SUCH that if the above bounded Principal, his or its 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 agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise, if 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 terns of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract, or to the work, or to the specifications. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of March, 2004. San Andell Sw' Pools B Linc eral Insurance Comp y By Leonazd Attorney -In -Fact 112/20 ASI-031 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAR _ 2 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 L tYSEiH his/her/their authorized capacity(ies), and that by his/her/their 127JMI signature(s) on the instrument the person(s), or the entity upon Nc�Public—Calllarr*O behalf of which the person(s) acted, executed the instrument. Z Son Sam MyCarrm,will tsep 12.2004 WITNESS my.hand and gfficial sepl. Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Top of Thumb here Signer Is Representing: BD-1133 09/00 7 �rTrr"#7 U . Ito it mal Bond No. 66111873 TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66111873 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and aunoint: Kenneth A.Coate, Mark N. Gladding, Julia B. Leonard its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused be signed by its duly authorized officers this 4th day d,%w atmbm 2002. Gary The Commonwealth of Pennsylvania York County �....� INS( �rrhi��. P ........, p oQ?QRATes •!y�: u — , '.I 1977 is On this 4th day of September, 2002, before milonallcam C. Bhojwani, to me known, who being duly swom, did depose and say: that he is the President of the CorpdY80ipgMH�d in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. n 'WM Seal The Commonwealth of Pennsylvania CaNwine Mane Loose, Notary York County Spnngettsbury Twp., York C atY Commission Expires June 1 �Ntary I, Gary Omrdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 2ND day of MARCH • 2004 _ ll oRATEs Z? 1977 NSYL\ PN 777 ORIGINA Iinw(n Genet f Phone 717-757-0000 Fax #717-751-0165 YriramP O 3350 Whiteford Rd., P. O. Box 3709, York, PA 17402-0136 J BOND NO. 66111873 PRENIUN: INCLUDED IN THE PREMIUM ISSUED IN ONE ORIGINAL COUNTERPART CHARGED FOR THE PERFORMANCE BOND LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Bernardino, hereinafter designated as "Obligee", has awarded to San Andell Swimming Pools,hereinafter designated as the "Principal," a contract for the work described as follows: Swimming Pool Replastering Services for the Mill Center Community WHEREAS, said Principal is required by Chapter 3 (commencing at Section 4200), Division 5, Title 1 of the California Government Code to furnish a bond in connection with said contract; NOW THEREFORE, we, the Principal and Lincoln General Insurance Company as Surety, are held and firmly bound unto the Obligee in the penal sum of Forty -One Thousand Six Hundred and 00/100 Dollars ($41,600,00), 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, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to such work or labor, as required by said Chapter 3, Division 5, Title 1 of the California Government Code, then said Surety will pay for 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 inure 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 upon 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 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 contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of March, 2004. San Andell S rI �m ng Pools By Lincoln Gen al Insurance Company By Leonard Attomey-In- act AS 1-029 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE MAA-22 On 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 �t t 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 behalf of which the person(s) acted, executed the instrument. WITNESS my hand 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: of Thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD-1133 09/00 e OD / ♦ T si a �a .. Bond No. 66111873 TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66111873 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL NIDV BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint: Kenneth A.Coate, Mark N. Gladding, Julia B. Leonard its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three N lnion Dollars (S3,000,000) and to bind it thereby m fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 46 day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused be signed by its duly authorized officers this 4th day 4 mjlF 2002. INSjyIPk, Attest: - S?;'O�pORATFS, Gary J. do , Se terry _ O ; G _ •.(n a -z 1977 0_ The Commonwealth of Pennsylvania � J . _ ; O York County:A`c4'NSYLVPa\Paa On this 4th day of September, 2002, before m?onail\C. Bhojwani, to me known, who being duly swom, did depose and say: that he is the President of the Corl f&&itglapptArd in and which executed the above indtrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. �,anai seal The Commonwealth of Pennsylvania Catherine Mane Lease, Nota#*Ncifar-y York County - Spnngettsbury Twp., York C tAy Commission ExPims June I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 2ND day of MARCH 2O04 tl lllnpllll gyp ORATES�e J. d , Secretary CI' ; GC =Z: 1977 0_ nnWut1110N A.M. Best's Rating for Lincoln General Insurance Company 03723 - Lincoln General Insurance Company Page I of I Member of Kingsway America Group A.M. Best #: 03723 NAIC #: 33855 View a list of group members or the group's rating n Best's Rating A- (Excellent)' 1AVEST f. Financial Size Category_ A— VIII ($100 million to $250 million) `Ratings as of 0312412004 09:18:30 AM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company. Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http://www3.ambest. com/ratings/rating.asp?AMBNum=03 723&Refnum=03723& S ite=ratings&Tab=2&... 3/24/2004 Current Listings: Surety Bonds: Programs and Systems: Financial Management Service Page 1 of 1 LM Insurance Corporation (NAIC #33600) BUSINESS ADDRESS: 175 BERKELEY STREET, BOSTON, MA 02117. PHONE: (617) 357-9500 x-42067. UNDERWRITING LIMITATION b/: $1,638,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Iowa. http://fms.treas.gov/c570/c570.html 3/24/2004