Loading...
HomeMy WebLinkAboutC23830A Landscape Improvements Fred Waring Medians Phase I 953-05REQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C23830A for Landscape Improvements on Fred Waring Drive Medians Phasel (Deep Canyon Road to California Drive) to Sierra Landscape of Bermuda Dunes, California (953-05) H. Spencer Knight Landscape Manager Sierra Landscape Co. 78-820 Darby Road Bermuda Dunes, CA 92201 September 28, 2006 Proposal Agreement Vicinity Map By minute motion: 1. Award Contract No. C23830A for Landscape Improvements on Fred Waring Drive Medians Phase 1 (Deep Canyon Road to California Drive) to Sierra Landscape of Bermuda Dunes, California (953-05), in the amount of $433,900.00. 2. Approve a 10% contingency of $43,390.00. 3. Authorize the Mayor to execute the agreement. Discussion: On August 1, 2006 the City Clerk advertised and called for bids for Landscape Improvements on Fred Waring Drive Medians Phase 1 (Deep Canyon Road to California Drive). Out of six landscape firms that purchased plans and specifications, two firms submitted bids. Bids were opened and read aloud on Monday, September 11, 2006 at 10:00 am with the following results: 1. Sierra Landscape Co. (Bermuda Dunes, CA) $433,900.00 2. Marina Landscape, Inc. (Anaheim, CA) $775,167.54 G:\PubWorks\Staff Reports\2006\September 2815 Award C23830 953-05 to Sierra Landscape\Award Contract to Sierra Landscape 953-05 .doc Award Landscape Improvements on Fred Waring Drive Medians Phase 1 (Deep Canyon Road to California Drive) to Sierra Landscape Page 2of2 September 28, 2006 Sierra Landscape Co. has successfully bid and executed past landscape installation contracts for the City of Palm Desert. The most recent landscape installation was for the Redevelopment Agency at the Palm Desert Visitor Center. Funds are available in account 400-4614-433-4001. Therefore, staff recommends that, by minute motion, Contract No. C23830A for Landscape Improvements on Fred Waring Drive Medians Phase 1 (Deep Canyon Road to California Drive) be awarded to Sierra Landscape Co. of Bermuda Dunes, California in the amount of $433,900.00, approve a 10% contingency of $43,390.00, and authorize the Mayor to execute the agreement. Submitted By: H. Sp-ncer(,'night La dsape It anager Approval: Homer Croy ACM for De lopment Services Carlos Ortega City Manager /hsk/bg Department ead: Mark Gree ood, P.E. Director of Public Works Finance Director CITY COUNCI APPROVED RECEIVED CTION: DENIED OTHER MEETING DATE AYES '00y, <`i 1 NOES: ABSENT:,. ABSTAIN: v��� VERIFIED RlnaDl on FileCity Original with Clerk' s Offire G:1Pub Works1Staff Reports120061September 2815 Award C23830 953-05 to Sierra LandscapelAward Contract to Sierra Landscape 953-05 .doc AGREEMENT THIS AGREEMENT is made and entered into this 28th day of September 2006, by and between City of Palm Desert, California, hereafter called "Owner' and Sierra Landscape Co. hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, LANDSCAPE IMPROVEMENTS ON FRED WARING DRIVE MEDIANS PHASE I FROM DEEP CANYON ROAD TO CALIFORNIA DRIVE, PROJECT NO. 953- 05, CONTRACT NO. C23830A, 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 Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 4; (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 (10) 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 City Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the City Engineer harmless from: Page G-1 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. c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be five hundred dollars ($500.00) 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 ten (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 Page G-2 The prime Contractor agrees further to release retention payments to each Subcontractor within thirty (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] Page G-3 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: Citv Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Page G-4 Lx� � � � ■■ � H.y' � 3.9�. � �" I I� err _ �.M1ti. 1 — �-,a.,�i 57 � ..� f.•i ?_' �i' +� ► � f.- 'r' � is t I _ 01. Ll Fr Ir c. k �1 ;I fie--r`�;lv- x _ ° a' 41 Will 74 D �D f 760 31it l 7098 04:07 32 p m. 08-30-2006 4 /6 TO Contractor's Proposal LANDSCAPE IMPROVEMENTS ON FRED WARING DRIVE MEDIANS PHASE I DEEP CANYON TO CALIFORNIA AVENUE Project No. 953-05 Contract No. C23830A CITY OF PALM DESERT, "Owner" DATE: ���'7670gAF-7Q / / , 7-0,r&, BIDDER: 51C-7'PX/1 �/�i"✓,ns�1 6G . 1XIc. "Contractor" The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of Landscape Improvements on Fred Waring Drive Medians Phase I, Project No. 953-05 Contract No.GrZ3?30A, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). -4 /— V 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 sixty (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 ten (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 Page C-1 760.3417098 04 07:49 p.m 08-30-2006 516 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 coristruction alternate facilities occasioned by the failure to execute and deliver said documents. 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. 1 Mobilization LS 1 $ 10,000 $ 10,000 2 Clearing and Grubbing SF 59,354 $ ,oz- $ 3 Earthwork and Grading SF 59,354 $ s o.S $ �j(c�3'• 4 1"-3" Cobble, "Indian Gold" in SF 10,650 $ $ meandering areas per plans, details 2%/ 300. and specifications. 5 Furnish and install "Three Rivers" SF 8,000 $ $ flagstone, 3/4" thick in concrete per 161 000. plans, details and specifications 6 Boulders, "Three Rivers" 3' dia. (3a) Ea 167 $ ii00 $ j- , voo - 7 Boulders, "Three Rivers" 4' dia. (4a) Ea 149 $ 5,57v $ ?J g3- 8 Boulders, "Three Rivers" 5' dia. (5a) Ea 43 $ /, z-oo $ S/, �00 . 9 Inorganic Mulch/Decomposed Granite SF 40,704 $ $ 2013,5 Z "Brimstone" w/11 % fines p -S 10 irrigation system LS 1 $ 731000 - $ 73. 00t7 11 Agave bracteosa, 5 gallon Ea 33 $ 2p $ ' 12�I- 12 Agave desmettiana, 5 gallon Ea 13 $ /S-- $ /9s- 13 Agave geminiflora, 5 gallon Ea 78 $ I k- $ /Vol/- 14 Agave lopantha, 5 gallon Ea 18 $ 2y. $ SoV- 15 Agave schidigera, 5 gallon Ea 11 $ z2- $ Zt/Z - 16 Aloe X. 'Blue Elf, 5 gallon Ea 35 $ 22 • $ 770 - 17 Asclepias subulata, 5 gallon Ea 8 $ 13.190 $ lot. 18 Cassia wislizenii, 5 gallon Ea 5 $ 13.5p $ 19 Cordia parvifolia, 5 gallon Ea 3 $ %L. ko $ 3 . 20 Dasylirion texanum, 5 gallon Ea 25 $ /,'. $ 411M 21 Encelia fadnosa, 5 gallon Ea 6 $ iZ • $ -72Z- 22 Ephedra trifurca, 5 gallon Ea 8 $ / P. $ / 91-V 23 Ericameria laricifolia, 5 gallon Ea 15 $ J3 sP $ 7-0.3 24 Euphorbia antisphilitica, 5 gallon Ea 16 $ 29. $ yy8'- 25 Hesperaloe parviflora, 5 gallon Ea 37 $ iz- $ �/VV- 26 Hesperaloe parviflora 'Yellow', 5 gal Ea 8 $ $ i u, 27 Lotus rigidus, 5 gallon Ea 29 $ Zr. $ ��a• 28 Nolina lindheimeriana, 5 gallon Ea 5 $ 22. $ Page C-2 7603417098 04 08.16 p m. 08-30-2006 616 30 { 31 { 32 { 33 { 34 { 35 j 36 37 { 38 39 40 41 42 43 44 j 45 { 46 { 47 { 48 49 Pedilanthus macrocarpus, 5 gallon Sphaeralcea ambigua, 5 gallon Yucca rigida, 5 gallon Acalypha monostachya, 1 gallon Dalea capitata, 1 gallon Dalea greggii, 1 gallon Ruellia brittoniana 'Katii', 1 gallon Ruellia brittoniana 'Rosa', 1 gallon Wedelia trilobata, 1 gallon Acacia jennerae, 24" box Acacia notabilis, 24" box Acacia prinocarpa, 24" box Caesalpinia cacalaco, 24" box Condalia hooked, 24" box Eysenthardtia orthocarpa, 24" box Olneya tesota, 24" box Olneya tesota, 36" box Pithecellobium pallens, 24" box Sophora secundiflora, 24" box Maintenance and Establishment Period, 90 days Ea 7 $ 2-11- $ /61' • { Ea 6 $ 2? • $ 161P • I Ea 5 $ j�' $ %'0. { Ea 37 $ fo $ 2.z2- { Ea 14 $ - $ ?,/ • { 1 Ea 75 $ !c _ $ SS-0 , Ea 64 $ ,� , $ 3 Zo Ea 53 { $ $ JGS- Ea 98 $ 3. $ q}o Ea 6 $ 24 = $ / (7v . Ea 5 $ 2,99 , $ l YOO Ea 3 { $ 2,?© • $ 8�lo .. Ea 11 $ L�e $ 24, Sao - Ea 10 $ 2-,?J - $ 2,?00 • { Ea 6 $ as - $ / 69c-, Ea 3 $ Z111• $ 7 3S Ea 1 $ c5?O • $ .57eo Ea 10 $ Z yS'. $ 2� Ea 11 $ 7- , -- $ LS 1 $ 5,600 $ S�000 { 50 Special Services LS { { TOTAL BID PRICE 1 $10,000 $ /oaoo - 1$ 900 - 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 Page C-3 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 $ V33, 5ip p- 60 w TOTAL AMOUNT BASE BID IN WORDS 4C12 flelAll2k6D 77&/1,7Y '71-fiZ6 `7;�f© aSAWY) /I/f/VIfilIVIM, 6_0 AX C-I, tt-12-E IN WITNESS WHEREOF Contractor exe ted this proposal as of date set forth on Page C-1: By: Signature �. Title: 'A1QbS1'0iiV7` Contractor _- Attest by: {� Notary'Tic i aid County and State 1. -- Title: Page C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside ss. On September 8, 2007 before me, SYNTHIA F. SALAZAR, NOTARY PUBLIC, personally appeared GEORGE GONZALEZ, [X]personally known to me [ ]proved to me on the basis of satisfactory evidence, to be the person( whose names j &are subscribed to the within instrument and acknowledged to me that 1E she/they executed the same in(/her/their authorized capacity(WK and that by �her/their sib atureVon the instrument the person(; or the entity upon behalf of which the persov acted, executed the instrument. S. f. SALAL4R Commission #� ISM 136 Notary Put' - CaOtotnla Riverside County My Comm. Expires Apr 10, 20091 WIT\ SS my hand and official seal. ianature of N" ry Public ■■0aaaaaaaaaaa0aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa0aaaaa0aaaaaaaaaaa00 Capacity(ies) Claimed by Signer Signers Name: George Gonzalez [ ] Individual [ x] Corporate Officer- Title(s): President [ ] Partner- 0 Limited 0 General [ ] Attorney in Fact [ ] Trustee [ ] Guardian or Conservator [) Other: Signer is Representing: Sierra Landscane Co., Inc Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. �- (1) Address �f w6 y/ 1F'O/92o MRwC,zw A14,Es', 04. (2) Telephone No. 7ko - ,-3 vss- ,$9s a (3) Type of Firm (Individual, Partnership or Corporation) z5�5i2P67AA7/OAI (4) Corporation organized under the laws of the State of OAS// � —Oe/V1A- (5) Contractor's License No. 1-192?,3 V Exp. Date fo - 30 -Off' Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: Ai('Es/O6�Ot/7_ Oure' Cdntractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: .. (7) Number of years' experience as a Contractor in construction work (8) List at least three (3) similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. ZF-p lG /Ll i�g7VS ;3 �d G/ 7/ o/- 4A & IMAIM- / y TY OA7 PA2n�! 3 /O /O y 0/71 ZA 66111,,7`4 Page D-1 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: 1*110A'C— AWCIC,46�Crl eAl License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: ,,.. Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (10) List the name of the, person who inspected the site of the proposed work for your firm UZ95 -- C--S77/'V A 7VP- (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} 06�:rh406 L- ��/V}-t,EZ— , being first duly sworn, deposes and says that "- he/she is iDc­ yv7- of S14!5-e4A- LA-imo5G� Ze, , 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, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to, before me this do" day ofe , 20 04, By. ✓ Signature Title: .A (5_51Ve�1U7_ -., Contractor ._ Attest By: 1. e�, Notary bin r id County and State Title: Page E-1 CALIFORNIA JURAT WITH AFFIANT STATEMENT -cucrurz,h�r,h�r c�a State of California ss. County of VSee Attached Document (Notary to cross out lines 1-6 below) O See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 0 71k day of /JZA74Z-s? ZOO(—. by Date Year (1) 4Sgn.`r� s. F. corfwqss� `5b�136 Cp� fNo � NaKre o Personally known to me tAoto,y pic J Proved to me on the basis of satisfactory evidence to be the before .:� R►versde� ti01A person who appeared me comm. E>� (and (2) Name of Signer Ej know eroved :Personally eon the basis of satisfactory evidence e t persZ4whqappeared before me.) nature of Mary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove .,,�.,_,.,,,,,,.,,,.,,.,,_ valuable to persons relying on the document and could prevent . N- fraudulent removal and reattachment of this form to another document. Top of thumo here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item d5910 Reorder Call Toll -Free 1-800-876-6827 BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, _ Sierra Landscape Co. as principal, and First National Insurance Company of America as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 600,000.00 (10% of bid) to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: LANDSCAPE IMRPOVEMENTS ON FRED WARING DRIVE MEDIANS PHASE I, The general items . of work to be done hereunder consist of, but are not limited to: construction survey staking; mobilization; clearing and grubbing; cobble median; unclassified excavation and fill; grading; landscape and irrigation; repair of damaged concrete curb and asphalt, and dated is accepted by the City of Palm Desert, and if the above bounden principal sierra Landscape Co. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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 attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been Left blank. Signature blocks are contained an the next page] Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 6th Of September _ _. _ 20. 06 . . Contractors Name: Sierra Landsca Co. Contractor's Si nature: Title: ��s ,-;,� .Address: -Pe) &K Telephone:_C-1fp �) 3v S day 6nSeP- 77, CA Surety's Name: Safeco j First National Insurance Company of America Surety's Signature: ��.QVKQ M a '— Diane M. Nielsen Title: Attorney In Fact Address: 2677 N. Main St. #_6.00, Santa Ana, CA 9?,705 Telephone:(949) 860-6612 Page F-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside SS. On September 8, 2007 before me, SYNTHIA F. SALAZAR, NOTARY PUBLIC, personally appeared GEORGE GONZALEZ, [X]personally known to me [ ]proved to me on the basis of satisfactory evidence, to be the person( whose name(,' &are subscribed to the within instrument and acknowledged to me that < e she/they executed the same in( s/her/their authorized capacity(i4 and that b is er/their signature(�'on the instrument the person(V, or the entity upon behalf of which the persov acted, executed the instrument. WITNESS my hand and official seal. s. r. sEunuiz Commission 136813b .� Notary Public - California Riverside County t( i My Comm. ExplresApr 10, 2tw9T /4Signature�f Notary Public ■■00Ma000aX0XHa0a0av0aad0aaaMa2M00M8a0rffMaa8MaE0a0aaMaa0M00aaaM00aaaaMa01 Capacity(ies) Claimed by Signer Signers Name: George Gonzalez [ ] Individual [ x] Corporate Officer- Title(s): President [ ] Partner- 0 Limited 0 General [ ] Attorney in Fact [ ] Trustee [ ] Guardian or Conservator [) Other: Signer is Representing: Sierra Landscape Co., Inc STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON -- �-kwber 6 L ,,26a,_ , BEFORE ME, LINDA CURIEL, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate ( ) Partner(s) ( ) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. LINDA CURIEL Commission # 1451765 P `z lamy Notary Public - California Riverside CountySignature' ' _ �� Comm. Expires Nov20,2007r nda Curiel, Notary i ALL PURPOSE ACKNOWLEDGMENT S A F E C ®' POWER OF ATTORNEY FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICX PO BOX 34526 SEATTLE, WA 98124-1526 No. 10903 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ... *****VAN G. TANNER; PAUL W. LEWIS; MATT COSTELLO; DIANE NIELSEN; ANN WILLARD; Palm Desert its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully a; if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st day of August 2003 +L - L� v� CHRISTINE MEAD, SECRETARY MIKE MCGAViCK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.* Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (41) Certifying that said power-of-atomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of �/�TP%y%G2�Y 04 % . SEAL leC 1928 o'er 3 CHRISTINE MEAD, SECRETARY S-1049rrNEF 7198 ®A registered trademark of SAFECO Corporation 08/21/2003 PDF