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14-0506_FRIESS COMPANY BUILDERS_Construction Agreement CONSTRUCTION AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of 2014, by and between the City of City of San Juan Capistrano (hereinafter referred to as the City") and Friess Company Builders, Inc. (hereinafter referred to as the "Contractor"), RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to reorganize City staff workstations in the Finance Services, Public Works and Development Services departments and implement building code requirements; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of the plans as set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit"A"and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than July 15, 2014. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $99,964, as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period, The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. S.ection.5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor, Section 6. Changes to_Scope.of.Work. Forextra work not part of this Agreement,a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and(3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section.6. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Coni (lance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 2 �` Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Time of Work All work within Exhibit"A" shall be performed during the work hours of 5:30 PM until 7:30 AM Monday through Friday and 7:30 AM to 5:34 PM on Saturdays. No holiday or Sunday work will be allowed. Section 12. fRESERVgI3�. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City,the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor, Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. f" f 3 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this . Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount,and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following. Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied, 4 � .. 14.7 Notice to Proceed, Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition,this Agreement may be terminated by any party for cause by providing ten(10) days'notice to the ether party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure pe€iod. Section 1.6. Notice. All notices shall be personally delivered or mailed to the below listed addresses, orto such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Steve Kooyman, P.E., Assistant Public Works Director To Contractor: Friess Company Builders, Inc. 32332 Camino Capistrano, Suite 102 San Juan Capistrano, CA 92675 Attn: Ken Friess Section 17. Prevalllna Waaes. The CITY has been advised that the Prevailing Wages Law applies to the work. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved,and with California labor Code Section 1770 at seq., including the keeping of all records required by the provisions of labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. Section 18. Surety Bonds Contractor shall, before entering upon the performance of this Contract, fumish bonds approved by the City Council--one in the amount of one hundred percent(100%)of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent(100%)of the Contract price bid to guarantee payment of all claims for labor and 5 materials furnished. This Contract shall not become effective until Such bonds are supplied to and approved by the City. Section 19. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), Section 20. Entire-Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] fi IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SA JUAN CAPISTRA By: $ m` Ilevts� ayar CONTRACTOR By: �. - Ken Friesi, Owner ATT Gler APPROVEDi -` FORM: 464%r- Litgen, Ity Attorney 7 SCOPE OF WORK. CITY:HALL RENOVATIONS February 12 2014 Exhibit A Building Work; Demolition and installation of walls and doors as indicated on the floor plan. Installation of ADA compliant ramp at Trailer"C"as indicated on the floor plan Installation of carpet and painting in two phases as indicated on the floor plan, Furniture relocation as indicated on the floor plan. Provide and install seismic brackets for cabinets and book shelves in main City Half Building.(N.I.C.) Provide and install approximately 15 Photo luminescent"Exit"signs as indicated on the floor plan, Demolition of Trailer"D„ Sound proof City Manager's Office door and vents(N.I.C) Mechanical Work; Programmable electronically lockable thermostats to be Installed for Trailers"A","B"and"C„ Programmable electronically lockable thermostats to be installed in hallway of Public Works,f=inance and Development Services Departments. Air handling unit filters to be upgraded to filters that have a MERV of at least 7 to 8. Provide supply and return ducting for 2 new offices as indicated on floor plan. Provide additional returns in Development Services and Public Works hallways as indicated on floor plan. Electrical Work; Install electric outlets and switches as indicated on the floor plan.Coordinate with City IT Department for Data drops in all new walls. 8 EXHIBIT A Scope of Work Exhibit A Page 2 of 2 Furniture Moving Please refer to the floor pian for location of existing furniture and Its new location as indicated below. On the floor plan the first letter represents the department name,the first number represents the furniture number and the last letter represent"E"existing location of furniture and"N"new location of the furniture with the same first letter and number. F=Finance FI-E(Amy)desk station to FI-N (Alan),F2-E(Jennifer)desk station to F2-N(Christina), F3-E(vacant)desk station to(Amy), F4-E(vacant)desk station to F4-N(Chris C,), FS-E(Norma)desk station to FS-N (Norma),F6-E(Michelle)desk station to F6-N(Michelle), F7-E(Jeanlen)desk station to F7-N(leanien) P=Public Works P1-E(Charlie)desk station to P1-N(Steve),P2-E(Conference Table)to P2-N(New Conference Room), P3-E(James)desk station to P3-N(Vacant), P4-E(Mike)desk station to P4-N(Mail room),PS-E(Dave H.) desk station to P5-N (Chris J.), P6-E (Khoon)desk station to P6-N(Amy previous office), P7-E(Jill)desk station to P7-N(David C.), PS-E(Chris J.)desk station to PS-N(Consultant), P9-E(Track Map Cabinet)to P9-N(Center of Mike and James previous office) 13=13evelopment Services D1-E(Vacant)desk station to D1-N(Planning Intern) T Information Technology(IT) T1-E(Mike)2-desk stations to TI-N (Center of back section of old finance trailer),T2-E(David)desk station to T2-N (Michelle previous office),T3-E(Training Tables)to surplus storage,T4-E(vacant)desk station to surplus storage 9 ,$ 49G Id _a v ....... ........ oil 0 10.1ro ........... ......... .......... .... .... - t o00000 000000 �o CL H e Oil 12 � . .: ,. r oeb e ao IL t4f,R PIAN STORAGE BM TCS WALxTHROUGF4 {[�/ 11AVAIEA9L,E FRCM!0T31Hi CRY 1iR1„L I�WGi✓"EMTiONR F �GTS�+I OF wAL:i.AS 1iETri7E9 FOK OF]D1Z s .TE AOESR �"�... l:.rw ijY X4 WALL FXISTlt16 0tltflir . _. .. F�-F-- :: Tr-N 7—� ' P —1 pt P Pz—E at-0 - =4 . .� � r fY San Jua4 lanu 0 5 to s§ Staff f ung Area LEGEND a a--*— MMWOR securmY*A'M e79r arena aultntNG'C- o�oa pdea6n.i--, rba:::.: :- Arsin.AM EloQ,"*yo%= 000 Tr Dom. . � Comm.aw. � � V� 0 fltlt lbe. :.. Oflio ece Awa ., .,! 819ee W �Q' Olaca Or1� fa - MAVW T .. OWIa - Chea A1613Cvftft pypn IOt[- Awa TT Cbaeibrm tla1 tRyCbrx ORrcc cow. C"O" �v 1� BfGY.pfms �r deft z Cadvur:ika. - � Js- Ri�e�s � Slezage caupjm 13, arcr wn rraa�nw+ p.Wnnpa oma. n � oem t..abby mar orlca A� YasiWaFnr,ringAfea CITY HALL FLOOR FLAN MY OF SAN JUAN CAPISTRANO d a 6�lJdlii V�Q`tieI)": ` z`=v6 COMPANY BUfL17fR,S,. INC, Proposal f©r Construction Services �` WA City of San Juan Capistrano CITY OF City lull Renovations ,A;Njupilf"Api.5�"F3F:� o RVISED April 22,2014 Steve Kooyman City of San Juan Capistrano 32400 Paseo Adelanto San.Juan Capistrano, CA 92675 Scope of Work and Cost for Same: Cost City Fall Renovations per Description and flans Provided by W.Bret Caulder Bated:February 13,2014. Building-Work: 1. Demolition and installation of walls and doors as indicated on the floor plan: $40,200.00 Demolition and installation of walls/doors/ceiling.(Includes reconfiguration of ceiling grid).- Phase l—Finance • Phase 2—Development Services 2. Installation of ADA compliant ramp at Trailer C: $ 3,600.00 3. Installation of carpet and painting: a) Carpet—3,041 Square feet($25 per square yard allowance plus sales tax and mark up): $11,406.00 (Allowance) b) Painting(areas receiving carpet only): $10,000.00 4. Furniture Relocation: $ 7,200.00 5. Provide and install fifteen(15)photo luminescent exit signs($200 per sign): $ 3,000.00 6, Demolition for Trailer D: S 9,100.00 32332 CAMINOCAPISTRANO,SUITE 102 SAN JUAN'CAPISTRANO,CALWORNIA 92.675 TELEPHONE:949-467-9-100 EXHIBIT B FACSIMILE:949-248.8433 WFR[ESSCA,Ct]Itil _ 14 LIE�l45E706G�(i Mechanical WorkFRIESS 1. Programmable electronically lockable thermostats to be installed for Trailers A,H, CONSTRUCTION, INC. and C(Total 3): $1,690.00 2. Programmable electronically lockable thermostats to be installed in hallways of Public Works, Finance and Development Services Departments(Tota[3): $1,690.00 3. Air handling unit filters to be upgraded to filters that have a MERV of at least 7 or 8 (Assume 15 filters as$90 each): $1,350.00 4. Provide supply and return ducting for two(2)new offices as indicated on floor plan: $1,820.00 5. Provide additional returns in Development Services and Public Works hallways as indicated on floor plan: $910.00 Electrical Work 1. Receptacle Installation(13 locations.@$200 each): $2,600.00 2. Add data stub into accessible ceiling space(4 locations @$149.50 each): $ 598.00 3. New switch installation(4 locations @$260 each): $ 1,040.00 4. Add 2x4 prismatic lights(4 locations @$390 each): $ 1,560.00. Sub Total: $97,764.60 Bond Fee: $2,200.00 Total Project Cost: $99,964.00 _ uaUfieations and Exclusions: 1. Assumes no asbestos or lead paint present in project area. 2. Asbestos and lead testing and abatement are excluded. 3. Cost of city fees and permits are excluded.If required for permitting,fees will be invoiced to the client at actual cost. 4. Design, engineering,and architectural services and fees are excluded. 5. A specific allowance for carpet replacement identified on plans is provided in the amount of$11,406.00.The allowance is based on replacing 3041 square feet(338 sq.yards)of carpet at$25.00 per square yard plus 8%sales tax and 25%mark up,Actual type and color of carpet along with price for same to be approved by client prior to installation. 6. Application of new paint is to be limited to new work and areas identified as receiving new carpet.Any additional painting is to be considered a change order.Colors are assumed to match existing. Kl� 15 CONSTRUCTION, INC.. 7. Relocation of furniture a.Prior to furniture relocations,client will box all loose items for moving and shall be responsible for unloading and placing materials. b.Relocation of furniture assumes that it is sufficiently sound to be moved.Any problem with systems will be logged and reported to client. c.Client will provide contractor with placement plan for relocated furniture. S. Work shall be performed per a client approved schedule(attached).Physical work will be limited to the fours from 5.30 pry until 7:30 Am Monday through Friday and 7.30 Am until 5:30 Pm on Saturdays.No work is planned on Sundays. 9. IT installations are specifically excluded.Client is o have system appliances prepared for transfer. 10. Project is assumed to require six(6)calendar weeks for completion. 11. Scope of work is specifically limited to the items identified in this proposal.Any additional work shall be by approved change order. Respectfully submitted, Accepted By.. ei t ries City of San Juan Capistrano 1~riess Company Builders,Inc. Wit b . 16 INSCO XPRESS CONTRACT APPLICATION 0 Corporation I Proprietorship 0 Partnership CONTRACTOR INFORMATION .1 LLC 0 LLP 0 Other Contractors Principai/Company: c- License No: 10ta(L5(a Addres&,__;5 C�� tn,# CSA- Phone Number,- �4�d���8-�87� x 10:3[Street:ity,&t Ite,zits) 7S Year Company Started: ` `�� _.� Operations Under Current Management Since: �°CaS Net Worth:$ Type of Construction Performed: _�%� J Operating Territory: OyiXvWu - rat a-v�iG Largest C ompleted Contract: Price:$ Q.� t i` Gross Profit: 2-� � Year Completed: t3escrtption: 'ov► -t'i�E-1,¢.-CJoi�k- b Total Gurrent Work On Hand: Number of Jabs: S Estimated Cost to Complete:S_aL®-t-C 40 Has the company ever failed to complete a contract? 0 Yes 74"'No ® Has the company, any stockholder,owner, partner or any affillate ever filed for bankruptcy or been placed in receivership? O Yes aK No a, Are there any liens filed against the company's or related entity's projects? 73 Yes No ® Are you involved in any litigation or been delinquent in payroll,state or federal taxes within the past three(3)years? 71 Yes 9�ND Has the company, any officer;owner or partner been in claire wvlth a surety? Ci Yes V No Are any assets held in trust or pledged to creditors? 0 Yes No * Has the applicant: or any of it's owners,applied for or obtained other bonds within the last twenty-four(24) months? in Yes I-No Explain all"Yes"answers: OWNER/ENDEMNITOR INFORMATION Provide Information on all Owners and their respective spouses: Dai,-of °1 of Yea's In Name anc Entail Address Address(No P.O.Box-es) Bi0h Social Security' Not Worth 0wrersny,Cnnst�ur,on Tiffe Owner ; $ u31156(o "P v, hvtA own s 6�(a—$q.l t�, Wr O °�5C7�v�du n (Dtpi5 vtp, -25- % 4,� I EmaifAddress � ' SSC j Cove _ °►?L127S" trent 6a1��- 74?Z 6 ® ! Spome: ©own --- €D-Fla,ii Address: C7 rent Oevner: Own Email AdYi e`s ,7 rent _! own B!nailA ldrass, (�rerEt I _ (if All Owners not list,-d,please attach midi€iona!application j CONTRACT INFQRMATION Job DescriptionyYladiilA vt0 Gi Estimated Bid PricelContract Price:$ �q.a��_ Bid®ale:-. � 1�a 2oE _ Anticipated Start Gate:® Time For Completion: Sty f& �(�k,S, Liquidated Damages:S Warranty Period:._:�� x--- Bid Results: 1)fViCSS 1$ c(a,41W4 2) _B F 1oc7 3) ]$ Nam6 Amount Nair,- 7 Name Amount Obligee/Owner: ,ca v+ -4Z1ggyd- tAn4rr r, lz+� Wtsc . r Adores: 2�foa i ,. s . fid kQ. _ MOND iNEORMATION Stre,-t,City,State:z'P) Required Bid Bond Amount or Percentage: - _ Required Performance Bond Amount or Percentage: sy Rot,qu,4 Required Payment Bond Arrount or Percentage: IGV.RU-4 Required Maintenance Bond Amount or Percentage:---- Required _�_.�_ Required Mond Forms: PX rr ;^sem rlf� _ G t r f.��+c1 av�e�I��r� l _mar d- AGENCY INFORMATION Agency Name: .. _ Agency Code: Producer: -- .. Length of Agency Relationship with Account: _ Agency Recommendation: -_-___ _-- _-- Additional policies written for applicant or ovvners? ._.. -_ _______ _____-------All premium current?Yn t The InscolDico Group 500 S.Kramer Boulevard, Brea, CA 92821 Phone:(714)754-5660 Toll free: (855)813-72:39 Fax:(714)494-5660 v,�v�r.l nsco0ica cont =D-1051(CA-Brea)(REV 08112) STATE FRAUD WARNINGS ARKANSAS ANY PERSON, WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS F=ALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. SECTION 23-66-503(A)OF THE ARKANSAS INSURANCE CODE. COLORADO IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY PENALTIES MAY INCLUDE IMPRISONMENT, FINES, DENIAL OF INSURANCE AND CIVIL DAMAGES,ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY NANO KNOWINGLY PROVIDES FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES. SECTION 1-01-127(1)COLORADO REVISED STATUTES. DISTRICT OF COLUMBIA IT IS A CRIME TO PROVIDE FALSE OR MISLEADING INFORMATION TO AN INSURER FOR THE PURPOSE OF DEFRAUDING THE INSURER OR.ANY OTHER PERSON. PENALTIES INCLUDE IMPRISONMENTANDIOR FINES, IN ADDITION,AN INSURER MAY DENY INSURANCE BENEFITS IF FALSE INFORMATION MATERIALLY RELATED TO A CLAIM WAS PROVIDED BY THE APPLICANT, DISTRICT OF COLUMB[ACODES, SECTIONS 22-3£325.1 TO 22-3825.10. FLORIDA ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. CHAPTER 817.234 OF FLORIDA STATUTES. KENTUCKY ANY PERSON,WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON, FILES AN APPLICATION FOR INSURANCE CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENTACT, WHICH IS A CRIME, KENTUCKY STATUTES, KRS 304.47-030. MAINE IT IS A CRIME TO KNOWINGLY PROVIDE_FALSE, INCOMPLETE, OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR -1 HE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES,AND DENIAL OF INSURANCE BENEFITS. MAINE INSURANCE CODE 24-A M.R.S.A, 2186(3). MARYLAND ANY PERSON WHO KNOWINGLYAND WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY AND WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OFA CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON- SECTION 27-805(b)(1)OI=THE ANNOTATED CODE OF MARYLAND. MINNESOTA A PERSON WHO SUBMITS AN APPLICATION OR FILES A CLAIM WITH INTENT TO DEFRAUD OR HELPS COMMIT A FRAUD AGAINST AN INSURER IS GUILTY OFA CRIME. SECTION 60A.955 OF THE MINNESOTA STATUTES. NEW JERSEY ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION ON AN APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL.AND CIVIL PENALTIES. SECTION 17:33A-6(c)OF THE NEW JERSEY STATUTES, NEVA!MEXICO ANY PERSON,WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR.BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. SECTION 59A-IOC-8 NEW MEXICO STATUTES. NEW YORK ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR O T HER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO,COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME,AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION. NEW YORK INSURANCE LAW, SECTION 403(4). OHIO ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING FALSE OR DECEPTIVE STATEMENT, IS GUILTY OF INSURANCE FRAUD.OHIO REVISED CODE SECTION,ORO 3099.21. OKLAHOMA ANY PERSON,WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER, MAKES ANY CLAIM FOR THC PROCEEDS OF AN INSURANCE. POLICY CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION, IS GUILTY OF A FELONY. OKLAHOMA STATUTES 36 O-S. 3613.1 O.R. 365: 15-1-10(c). PENNSYLVANIA ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL PENALTIES. 18 PA C.S.A SECTION 4117. TENNESSEE IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES AND DENIAL OF INSURANCE BENEFITS. TENNESSEE CODE ANNOTATED SECTION 56-63-111(b). VIRGINIA IT ISA CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES AND DENIAL OF INSURANCE BENEFITS. VIRGINIA STATUTES 52-40, WASHINGTON IT IS A CRIME 1-0 KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR YHE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES,AND DENIAL OF INSURANCE BENEFITS WASHINGTON RCW 48.135.08©. 1D-1061(CA-Brea)(Rti1L 08112) 2 INDEMNITY AGREEMENT - READ CAR&-ULLY By signing this indemnity Agreement(°Agreement`)principal and each of the other undersigned(collectively"Indemnitors")affirm that the statements in the foregoing application('Application)are true and are made to induce Developers Surety and Indemnity Company and/or indemnify Company of California,(hereinafter"Surety")to issue any and all bonds on behalf of principal or other Indemnitor(collectively`Bonds"). The term Bonds includes any bond issued before,on or after the date of this Agreement and any extension, renewal,modificatien or substitution of or addition to the Bonds.=ach Indemnitorfurtiher affirms that ha,she or it understands that Bands are a credit relationship lindenrotors jaintiy and severally agree,for themselves,their personal representatives,successors,and assigns: i 1c,fully reimburse Surety and indemnify;t against all liabiiity, loss,claims,demands,attorneys fees,costs and expenses of every kind and nature(including for investigation)which Surety incurs or for which it may become liable as a consequf mco of issuing the Bonds(collectively"Loss"),regardless of whether the Surety has actually received a claim or paid any amount. 2.To pay Surety the initial:fully earned,premium and ali subsequent renewals,extensions,or modif€cations. 3.Surety May,at Its sole discretion:deny,pay,compromise,,defend or apaQa€any claim or suit against the Bonds.An;tereized s(atenent of or sworn von€cher from the surety attesting to the Lcss shall be prima facie evidence of the Loss. 4 If Surety, in its sole discretion,deems it necessary to protect itself from potential Loss itmay demand collateral from lndemnitors in an amount Surety deems adequate. Indernihifors shalt Immediately deposit the full amount of collateral in trash or other acceptable form with Surety whe#her or not it has yet made a payment or incurred a Loss.Surety may retain the collateral uantii all actual or potential claims against tha Bonds are exonerated and all Loss is fully reimbursed. 5.All money and other proceeds of the cc)ligations revered by the Bonds("Obllgafio;h")are received by Principal in trust for t3rhe benefit of Surety for the sole purpose of performing the Obligation until the Surety's liability is completely exonerated 6.To secure Indemnitor;`duties and obligations to Surety Indemnitors,upon Surety's declaration of prh7cipaf's default,assign to Surety all right and title to and interest In all arnoGmts due under the Obligation and under all other banded and unbonded Contracts,all agreements,notes,accounts,proceeds,accounts receivable,returns premium from Surety or others in which indemnitors have any interest;and all subcontracts under the Obligation. 7,Each Indemnitor irrevocably appoi Its Surety or its designee as this, her or its attorney-in-fact with the right and power,but notthe obligation,to exercise all of the rights assigned Ea Surety under this Agreement and to make,execute:and deliver any and all addi+ional contracts,instruments,assignments,documents or papers(including,but not limited to,the endorsement of checks or other instruments payable to principal or any Indemnitor representing payme=nt of 0i monies)deemed necessary and proper by Surety in order to give full effect to the intent and meaning of the tssignmenls or rights contained herein. it is expressly agreed that this power-of-atforney is coupled with fhe interest of Surety in receiving the Indernnfit cation from tndemn;tors.Indemnitors hereby ratify all acts by Surety or its designee as attorney-in-fact. 8. Upon submission of the Application and untii full satisfactory performance of the Obligation and exoneralion of the Bonds,Surety may freely access, examine,copy and obtain lndemnitors'books,retards credit reports and accounts("Recordi indertnitors authorize third parties in possession:of these Records to furnish to Surety any information requested In connection with any transaction. 9, Each Indemnifor agrees he,sh-1 or it is bound to every obligation in this Agreement regardless of(a)whether the principal fails to sign any bond;(b)the existence, relapse retain,exchange or viability of or failure to obtain collateral or security securing Indemnitors'duties and obligations under the Agreement,(c)the identity of any other lndcrnnitor;(d)whether or not any other Indemnitor Is bound or released;or{e)the failure of any other person or entity to sign this Agreement 19. Indemnitors expressly waive notice of any claim or demand against the Boards or information provided to the Surety Surety may decline to issue bonds and may cancel,withdraw or procure its release from the Bonds at any time,without incurring liability to Indernnitors. 7i.As used in this Agreement,the,plural and singular shall include each other as circumstances require if any portion of this Agreement is unenfdreeablethat portion shall the considered deleted with the rernain.der continuing in full force and effect. 12.A facsimile,photocopy,electronic or optical reproduction shall be adirr ibie in a court of lava with the same force and effect as the original 13.ThisAthreempirn is a ccntinuirtg obligation and may not be terminated for past or present bonds. lndenrifors mey,however,lormin•,ate ob':igaill as tic future bonds by providing tNy Surety with a minimum of 35 days written notice mailed to: P.O.Box 15725,Irvine OA 92623,via certified mail,return receipt requested. 14.As consideration for Surety's executiorh of the Bonds applied for,each Indemnitor jointly and severally agrees to be bound by all of the terms of this Agreement as !hough each were the sole applicant and each admits to being financially inlerested in=he performance of the Obligation. p� SEE FRAUD WARNING ON PAGE 2 Signed this day of �r�9 �o Principal/Company Marne(Print): 1bb 5 W-,7,-A< Z-A/c, s Arir€t Authorized Signatory's Name and Title here'. ;Vla"6 �! . � � � ® Signature X Indemnitors; 07-- Signature ---Signature X Signature X (Indomnitor;)thiol Name here: /�� /� � ��' (Spouse)Print Name here: S igriaiure X Signature X (Irndemnit )Prnt Name hero: (Si P'Int{Name here: Signature X Signature X _ (Ind€i nniter)Print(Name here:� � (Seo€Ase)Print Name here: Signature X Signature X 'Indemnitor)Print Name here: (Spouse)Print Nacre here: Signature X _ _ Signature X Onderrnilor)Print Marne here: (Spouse)Print Name here: ID-1061("A-grea)(REV.08i12) 3