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HomeMy WebLinkAboutC25050 Citywide Restriping 564-06REQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Authorize Award of Contract No. C25050 for the 2006 Citywide Restriping Project (564-06) to California Traffic Maintenance, Inc. Mark Greenwood, P.E., Director of Public Works California Traffic Maintenance, Inc. P.O. Box 6486 Burbank, California 91506 June 22, 2006 Contract Vicinity Map By Minute Motion: 1. Authorize Award of Contract No. C25050 for the 2006 Citywide Restriping Project (564-06) to Califomia Traffic Maintenance Inc., of Burbank, California, in the amount of $ 149,960.00. 2. Set aside a 10% contingency. 3. Authorize the mayor to execute Contract No. C25050. 4. Appropriate $17,750.00 from un-obligated General Fund 110 to the project account. Discussion: Citywide Restriping is an annual program conducted within the City of Palm Desert. Staff advertised and called for bids for this program. On June 13, 2006, at 4:30 P.M. bids were opened and read aloud. The results are as follows: Award Contract C25050 for the Citywide Restriping Program (Project 564-06) Page 2 of 2 June 22, 2006 California Traffic Maintenance Inc. Burbank, California C-18 PCI Striping Chrisp Company Orange County Striping Service, Beaumont, California Long Beach, California Fremont, California Inc. Orange, California $149,960.00 $219,777.00 $247,980.00 $314,580.00 $394,590.00 Currently, the amount of funds available for this project in Account No.110-4315- 433-3320 is $150,000.00. Therefore, staff recommends that City Council by minute motion appropriate $17,750.00 from un-obligated General Fund 110 to the project account; authorize the award of Contract No. C25050 for the 2006 Citywide Restriping Program to California Traffic Maintenance Inc. of Burbank, California in the amount of $149,960.00 and set aside a 10% contingency in the amount of $14,996.00 and authorize the mayor to execute the contract. Submitted By: Mark Green ood, P.E. Director of Public Works Approval: Homer Croy ACM for Development Services Carlos L. Ortega City Manager /cis Paul Gibson Finance Director CITY COUNCIL - TION: APPROVED // DENIED RECEIVED OTHER MEETING DATE AYES : NOES: ABSENT: Nyaap, ABSTAIN: A VERIFIED BY: gyci Original on File w_th ity Clerk's Office G:1PubWorks\Staff Reports120061June 2218 Award bid Citywide Striping 564-061Award Bid Citywide Striping 564-06.doc AGREEMENT THIS AGREEMENT is made and entered into this 22"d day of June, 2006, by and between City of Palm Desert, Califomia, hereafter called "Owner" and California Traffic Maintenance Inc. hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, 2006 Citywide Restriping, PROJECT NO. 564-06, CONTRACT NO. C25070, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within Ninety (90) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. Attention is directed to the General Specifications pages 25-26 and 33-37, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be One Hundred ($100.00) dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the Owner or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Release of Retention The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] CONTRACTOR: BY: Signature to be notarized TITLE: OWNER: BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY CITY OF PALM DESERT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to California Traffic Maintenance Inc. (hereinafter designated as the "Contractor"), an agreement dated June 22, 2006, described as follows: 2006 Citywide Restriping, PROJECT NO. 564-06, CONTRACT NO. C25050, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of One Hundred Fortv Nine Thousand Nine Hundred Sixty Dollars ($ 149,960.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way 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 Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. THIS SPACE IS LEFT BLANK INTENTIONALLY. SIGNATURES ARE CONTAINED ON THE FOLLOWING PAGE. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUContractor: California Traffic Maintenance Inc. By: (Signature) (Typed Name and Title) The rate of premium on this bond is SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to California Traffic Maintenance Incorporated hereinafter designated as the "Principal", a contract for: 2006 Citywide Restriping PROJECT NO. 564-06 CONTRACT NO. C25050 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and California Traffic Maintenance Incorporated as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of One Hundred Forty-nine Thousand Nine Hundred Dollars ($149,960.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations 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 Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attomeys' fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL CONTRACTOR's Proposal 2006 CITYWIDE RESTRIPING Project No. 564-06 Contract No. C25050 TO: CITY' OF PA_M DESERT, "Owner" DATE: \ D � 0(0 BIDDER: a `11Ci Ia. �i� 1 Ma I y'Tf (l "CONTRACTOR" \ l,\ The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2006 CITYWIDE RESTRIPING, Project No. 564-06, Contract No. C25050, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with Owner: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The Owner has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of OWNER. Said contract shall only be deemed awarded after the CONTRACTOR's complete submission of all contract documents, bonds, insurance documentation, and the OWNER shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to Owner such information as Owner may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying` certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to Owner, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs Owner to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasidned by the failure to execute and deliver said documents. Page C-1 It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are but estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. REPAINT EXISTING TRAFFIC LINES, MARKINGS, LEGENDS, CROSSWALKS, LIMIT LINE, STOP BARS AND CHEVRON STRIPES IN GORE AREAS ON THE 1 PROJECT ROADWAY SEGMENTS, INCLUDING SIDE STREET RESTRIPING, AS DESIGNATED IN THE APPENDIX "A" OF THE PROJECT SPECIAL PROVISIIONS TOTAL BID PRICE ,s 1 w�,aao W� ne o 00 $ II-IG ,QULa) The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR's compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ _ �t"1 ��l(l l:.M TOTAL AMOUNT BASE BID IN WORDS 0 %Yh " '�' IN WITNESS WHEREOF CONTRACTOR exec ed this proposal as of date set forth on Page C-1: By.: , ature Title: / CONTRACTOR Attest by: i-7� X ')-, Notary P"roc"County and State Title: r4—�0-37 MARK L. FLORES Commission # 1489351 i Omy Notary Public - California Los Angeles County Page C-2 t Comm. Expires Jun 9, 2008/ i Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address E (2) Telephone No. 3 Type of Firm Individual, Partnership or Corporation) (4) Corporation ganized un er the laws of the State of C . (5) CONT CTOR's Lice se No. �� �Q� Exp. Date g CO �RACTOR her y swears under penalty of perjury that this i formation prvidis true a correct. �� By: Title:POL�Sian RACTOR (6) List the ames antfad sses of all owners of the fine or names and titles of all offic of the corp9ylllflon, A AYfi* 46,iApdoro - &r Cca x A �J, Toogau (7) Number of years' experience as a CONTRACTOR in construction work 10 (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed 2.3. ON C�OjN� S�1�Q1�1 pY��c�1v� S�,�tQa� Name, Address & Telephone No. of gwrn W Y1 0"M kca , u� Y�1l:1nA�1 N.PSiTb[8�s)s� Page D-1 (9) List the names and addresses of each SubCONTRACTOR who will perform work in or about the work improvement, and in icate what portion of the work will be done by each SubCONTRACTOR: SubCONTRACTOR's Name: License Number: Address: It 4 Telephone: Work to be performed: SubCONTRACTOR's Name: License Number: Address: \ Telephone: I Work to be performed: I SubCONTRACTOR's Name: y License Number: Address: Telephone: Work to be performed: (10) List the name of tF}�WXY ho ins�p,�e�t� the site of the proposed work for your _ PTV (j` (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Owner. Page D-2 Non -Collusion Affidavit To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) be* first du sworn,.^�eposes and says that he/she Is of (� �n1�1�V�iVN the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, associati anization, bid depository, or to any member or agent thereof to effectuat ollusive or shpm bid. Subscribed and sworn to, before m is la day of J�X�t , 20 0 k By: / Signature Title: CONTRACTOR Attest By: rn v ✓ "), Notary Public in and for said County and State Title: IWr(L. RaW IIOIl1M_­PI MARK L. FLORES Commission # 1489351 *Notary Public - California Los Angeles County Page E-1 My Comm. Expires Jun 9, 2008 BIDDER'S BOND To Accompany.Proposal KNOW ALL MEN BY THESE PRESENTS, That we,-fAT,TV0PNIA MAFFIC MAINTENANCE. INC. as principal, and AMCO INSURANCE COMPANY as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ TEN PERCENT* (1 x10% of bid) to be paid to the saiij Owner or its certain attorney, its successors and assigns; for which paymefi , welt and truly to be made, we bind ourselves, our heirs, executors and adminl r rators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, thatlif the certain proposal of the above bounden principal to perform certain work de-lcribed as follows: The general Items of work to be done hereunder Oonsist of: repainting existing traffic lane stripes and pavement markings. Tho striping work will be performed at various locations in the. City of Palm Desert with some of the work extending into adjacent jurisdictions, and dated, TIME 13. 200(, is accept by the City of Palm Desert, and if the above bounden principal CALIFORNIA RAFFIC MAINTENANCE, INC. shall duly enter into and execute a contract for uch construction, and shall execute and deliver the Performance Bond an Payment Bond and insurance certificates as required by said contract, th this obligation shall become null and void; otherwise it shall be and remain In f II force and effect. i Should it become necessary for the .owner to institute a la uit, or any other legal proceeding to enforce the terms and conditions of this bon , then all costs of said proceeding, including attorney's fees, shall be awarded to a prevailing party. F-1-1 *(1)OF THE TOTAL AMOUNT BID IN WITNESS WHEREOF, We hereunto set our Hands and Seals this Of JUNE 2006 CONTRACTORs Nam C:ALTFOPNIA TRAF C MAINTENANCE, INC. CONTR'AACTTOR'S Sign Address: P.O,,, BOX 6486. BURBANK. CA 91505 Telephone: C8191954-8271 Surety's Name: AMCO II�NSURANCE COMPANY Surety's Signature: SHANNON L0F9Z / Title: ATTORNEY -IN -FACT 1/ Address: P.O. BOX 1820. LA MESA, CA 91944-1820 Telephone: (800) 822-3666 Page F-2 12TH day CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On June 12, 2006 before me Raauel L. Soto, Notary Public Personally appeared Shannon Looez--------------------------------------------- [X] personally known to me - OR [ ] - Aved to me on the basis of tis f etet!y e ,iden e to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of }� which the person acted, executed the instrument. '- •'• RADUEL L. SOTO V1 COMM. #1452344 n NOTARY PUBLIC - WITNESS my hand and official seal. V COUNTY COUNTY SAN BERNARDINO a • My Comm. Exp. Nov. 21, 2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Title(s) [�GENERAL [X] ATTORNEY -IN -FACT [) [ ] GUA DIAN/!`llATSERV A T-0 [ ] R: SIGNER IS REPRESENTING: AMCO Insurance Comvanv DESCRIPTION OF ATTACHED DOCUMENT Bid Bond Title or Type of Document Number of Pages June 12, 2006 Date of Document California Traffic Maintenance. Inc. Signer(s) other than Named Above Power of Attorney KNOW ALL MEN BY THESE PRESENTS That AMCO Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company', does hereby make, constitute and appoint GEORGE A. DECRISTO SHANNON LOPEZ MARTIN M. DAVIS KENZIE K. THOMPSON PETER M. DAVIS GALE DELO REDLANDS CA each in his individual capacity, its true and lawful Attorney -In -Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of FIVE HUNDRED THOUSAND AND NO1100 DOLLARS (S 5W,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.4 Instruments Issued by the Corporation. Bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and insurance endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President or a Vice President or by the Attorney(s)- I n- Fact appointed by the President or by a Vice President. - 'Section 7.5 Appointment of Agents. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature and execution of any such instrument. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President or the Vice President." This Power of Attorney is signed and sealed by facsimile under and by the following By -Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.6 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President.' 'Section 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice President, or Attorney(s}In-Fact appointed by the President or a Vice President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4, 7.5, and 7.6 provided, that the corporate seal be affixed to any such instrument, but the person authorized to sign such instrument may affix the corporate seal. A facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal.' "Section 7.8 Other Facsimile Signatures. A facsimile signature of the President or of a Vice President affixed to any bond, undertaking, or obligatory instrument of" similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in Sections 7.4 and 7.5 provided, or a facsimile signature of the Secretary or of an Assistant Secretary to any certificate as herein in Section 7.6 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section 7.9 Former Officers. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any insurance policy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Sections 7.1, 7.2, 7.4, 7.5, and 7.6 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 03 day of FlARY 2006 ia:�pwf,c� AMCO INSURANCE COMPANY STATE OF IOWA # g ". / By: /,� f �� Vice President COUNTY OF POLK ss �+.'""' % �F On this 03 day of FEBRUARY 120 before me personally came Brett Harman, to me known, who, being by me duly sworn, did depose and say that he is Vice President of AMCO Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporationAind &&AWA TZ Sandy Alitz �lIOM MD. SUM Notary Public for the StAle of Iowa AfY Mw 1. 1. W 9"Im CERTIFICATE I, the undersigned, Assistant Secretary of AMCO Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Sections 7.4 through 7.9 inclusion of Article 7 of the By -Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this 12THday of JUNE 2006 23542 / �1 This Power of Attorney expires 0 :SEAL-: 0 Assistant Secretary 02/03/09 1' i Bda 1 (04.00) 00 �����• 35t, AA ($RA O FCRO FkANK SWATPA 0R1vt: CO'JNTR`r C1013 O`+rtl • HG 4 (Y CANE EAST_ ---- PROJECT ROADWAY SEGMENTS INDICATED IN BOLD EXHIBIT 1 VICINITY MAP CITYWIDE RESTRIPING 2006 PROJECT NO. 564-06 cc OVV