HomeMy WebLinkAboutArrow Fencing 2008-06-17, Spec 08-061 =
June 30, 2008
Mr. Chris Woida
Arrow Fencing
PO Box 385
Calpella, CA 95418
RE: Notice to Proceed
Fencing Project at Riverside Park, Specification No. 08-06
Dear Mr. Woida:
Enclosed please find a fully executed agreement for your files. I have also enclosed
copies of the Faithful Performance Bond, and the Material and Labor Bond.
By this letter you are authorized to proceed with construction of the project. The work
constructed under this project shall be completed within the time allotment identified in
Article 1 of the Agreement. As such, all work shall be completed no later than
August 25, 2008.
I look forward to working with you on this project. Please do not hesitate to contact me at
(707) 463-6233 if you have any questions.
Sincerely,
Mary o er
Purc
has - r
enc.
cc: Linda Brown, City Clerk
file
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
FENCING PROJECT AT RIVERSIDE PARK
Specification No. 08-06
THIS AGREEMENT, made this day of -~J b4 1~6 20 65, by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and hereinafter
called the Contractor,
W ITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
contract documents for the work herein described and shown and has approved and adopted these contract
documents, specifications and drawings and has caused to be published in the manner and for the time required
by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this
contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction
of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best
regular responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall
furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary
for completion of the work in conformity with the Special Provisions and other contract documents hereto attached
and according to such instructions as may be given by the Project Manager. The Contractor shall complete the
work within forty-five (45) calendar days. Contract days shall be counted starting with the 10th day following
receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work
prior to start of counting contract days, however, in no event shall the Contractor start work without giving
notification to the Project Manager at least 72 hours prior to the start of work, without obtaining an encroachment
permit from the City, or without having submitted certificates of insurance that have been accepted and approved
by the Engineer
FENCING PROJECT AT RIVERSIDE PARK 40 Spec. No. 08-06
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other
implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the
nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which
may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses
incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions
and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works
violating this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
awarding authority setting forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has
a collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining
the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
FENCING PROJECT AT RIVERSIDE PARK 41 Spec. No. 08-06
violated the Fair Employment Practices Act and has issued an order under Labor Code Section
1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof,
for each person who was denied employment as a result of such non-compliance, the penalties
provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered
from the Contractor. The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that
may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she
has or will meet the following standards for affirmative compliance, which shall be evaluated in each
case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees' referrals (including unions, employment agencies, advertisements,
Department of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report
shall also spell out the sources of the work force and who has the responsibility for determining
whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with
the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in everyfirst tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
FENCING PROJECT AT RIVERSIDE PARK 42 Spec. No. 08-06
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Scales
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this Z_ day of 20 00.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
Attest:
By:
Attest:
Title:
CONTRACTOR
FENCING PROJECT AT RIVERSIDE PARK 43 Spec. No. 08-06
BOND NO. 1000797343
in<Cr'Y Or- !J# IAH
t'diendodno County, }mall€urrtfti,
KNOW ALL MEN BY"t'Nk SE FRE',~,'.~F1 TS,
That we fh; under; igrntad ~WOIDA ENTERPRISES, INC. DBA ARROW FENCING
AMERICAN CONTRACTORS INDEMNITY COMPANY
A'55 sum.--'TyJ ,
k'r~ h 1r~ f t rely Gt7VlClif ur;ir~ 'E` t x B"6i e' ~ li1G'DA h reinar#rar called ttlt "0Ity", in the penal stlm of
-
FORTY TWO THOUSAND FIVE HUNDRED AND NO/ 100 J doligr;j. (;rn 42,500.00
r3
v _ - CU3rJr , r Cir►1tni fs. tarn, o rip au+vsac;trac~V sufl'lfly 8:'2
rs H A , ftit' 1}rlrwipal hay entered Into a cerj~ln cAcntract with the City, e*tod .m - 20---
a ,opy of willcl'V is horetct aftnohed n. and made n.pa} l her8oi,
1\1 OVu.,THEREFORE, the c ridition t?f thi8 { 14.9atinn is such fi7t2t if the princIpai sZaRi irr r it Vi; ,pt~t ze fully pricrm
the 0ranfractand ail dulls aufl'torized r iodific stbrt Vioreof, during Itr original term and ony viOnsiona thereof that
M Vey lac cgrantod and during any guturanty period for which the Contract provides. and if the Principal shall fully
matisfy all Clair itt , arising out of tie pra5eaution of Via wark under tip fiat ~trect and shall ~`uily indemnifi tha City for
ail xg~erlwe 1;ilch it may iV~wrby of such cia(nis, Including its iaftprney`G feas and o=rC coats;, ianrl if fit
'Principal :hail }aka roll payrrcnt it) Ali per-sons oupplying tabor, servi s, materials, or wjulpmarVl In the
prtasc::cution of they work under tiro Contract, in t`f;eMutt of which such persons GhVall have a direct right of, wrtitah
hereuppn; and If the Prinoipal shell pay car cause to be paid all nales and use taxes payable as e result A the
per€on'riance of the Contraat as watt payment of grisolina ar d sperlal motor fuels tars in fho perfarmanne Di
,e Crrntr ct end aCl moor VV~1iir~e fames required for orarr}marcial -mofar• vehiuiQs used in cornmOOVIOn with the,
performance of the Contract, then this Oligation shalt lie void, oth"ise, it shall remain in Ralf forrm and of oet.
No modiiicOw Of the Contract or extension of the term thareof, nor anyforl oaranae anrhe p lrt of the City-shpii
in any way rein,ase the Principal or flip Surety fr9m 1120illify hereunder. Nutk u to ilia Gurery of any uoh.
rrtodiftration, extensiort, nr forbi~amnoe 1s heraby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety haveexenuted this Intntrumentanda ixed thrtir~ieais
hereto, ti ~I 11TH day of JUNE ,PID08 -
fartf,jap, ~ympr•ttFiriAtiiiah t rn we,, blind oimreioivex7, GuV
sc~uert~E.ly,
in thr. presence of
~LV~ita{I4}I;n C~f~C7J~r,? "~,T P,i'V~I~t~l~1~. }'t',F2{{
T/hr 29VcJ
(Individuat, Principal) r
(~il~~l~Aatet~.ip ~cd~) •
aJl~•I.~.~fi~1G~~f
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(cri~caral Ir6nlll)
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Code)
.-m,~,,.,..y..~,.~.,,...,~..~.m.......~,. (crDrpafato PrInnipsl) Affix
Boni
(Busiiwo a Address)
+f~icV7JF F~~)
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AMERICAN CONTRACTORS INDEMNITY COMPANY
_ 1mfx
NHUNG H. , -M -IN-FACKa",
9841 AIRPORT BLVD., 9TH FLOOR
(Busirle"s Addi'esa)
LOS ANGELES, CA 90045 Tht~ r fc5 of r sni~tm t7r~ ~E~r Ii GI IS x,2.50 $1 e50 w._per ~ht~~tsrat~d. - -
tz«l ;Vc ok-ird Of vrely'[ IT-ohnra, ie ~ 1_,063.00
IVERTSCATE AS Try 0ORf- ORN E PRINCIPAL)
oorVV tha$ I afar tho
SdcrstaiT of the expomflon named vir, Principal in tie foreipi ng bored; fist
who 59pned tine ;gaJd bond on ~ohalf of the, I inaipol, yvas then
_ - ' _ of rmld aorpombon; that I know his s€onature, and that his
signature thereto I genuine, ,and tltfalt saldbwd was duly signed, waled, and attested to for mrud in behaff of said
corpomf on bkf ULIVI rikV Of itr poudsrnft boar.
. m d Affix Corpoi atd. Z3 oai
E- hlCiPdG fir?[ .rCt 3't~~ F i F.~rr~E'_ f ~tii~{; , to Spec. No,
~J~o ~~r~~.7r 1 r! u'l~'C1. 3t~t_.GL 61~ Z• C~~u/2p/SG
ZI/pAo
CALIFORNIA S
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of SACRAMENTO
On JUNE 11, 2008
before me, ROSEMARY MADDALENA, NOTARY PUBLIC
(Here insert name and title of the officer)
personally appeared NHUNG H. NGUYEN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.!
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
ROSEMARY MADDALENA
WITNESS my hand 0f lcial se 1. CO{L1ttfl.#1796214 m
m 1 4 Notary Publics CP1lfotnla w
UJ SACRAMENTO COUNTY
(f try Cantu. Exp Ap it 22, 2012
p ;
(Notary Seal)
Signature Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
BOND NO. 1000797343
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Cotporate Officer
(Title)
❑
Partner(s)
❑
Attorney-in-Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form mast be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal far a notary in
California (i.e. certifying the authorized capacity of the sign). Please check the
document carefully far proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared bcfotc the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/tlfsy; is /are ) or circling the sorest forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
o Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www. Notary Classes. com
t
1i
8
BOND NO. 1000797343
CITY OF UKIAH
Nliendaculno C4itrntV, aallfornia
Ki OA1 ALL MEN iiV 7: KI'SSf, i"IVE13ENTS,
1,11Mt VVO fllr carid r ~lynerl; OIDA ENTERPRISES, INC. DBA ARROW FENCING
AS P~MCPPA~,,
acrd
AMERICAN 'CONTRACTORS INDEMNITY COMPANY
rv field fir mlv bound >srst `i'E lle ClYY OF @9KIAt t, hereinafter Ceilled the 110ity' iri the pontal sum of
FORTY TWO THOUSAND FIVE HUNDRED AND NOA;flq 42,500.00 }
7G r il'rr j~r~yfllertt t151hr1rlrh ~tRrYl tNE Ia{nti [r[fr"isQ3lW~5, cur heirs, exacu'%ois, adminiS;rators, and suocot'+e3 jC71i 6f1y and
09vamlly,
tAl HMRFRkS, the Principal has angered into a eayrtain Gontmct with the- City,
a copy of width is hereto mttGtohr;rd and nrim e V part herool',
NOW, '>`°HER FORS., the wridlflon Vthis W119dtlon is Suoh that If the Prinf.,I iiil aNatl In Fill respontew folly pwfort'rr
tho ntrwt and all dulyerutiii~rized modifiratlons thereof, during Its original ferrn and any ext-wsion,91homof t Et
may be. granted and during, any gurarant l perlod for which thB Contra ,t provides, and 11 the. Nno€pal shad Tully
mtgj `y @11 olaIMS, arming Mit O tyre ff0.50c1sfl0r't of Vhe worf; tender the Coniract acrd shall fully ind+emnifythe City for
all expw-,iss which it iney incur by rah son of such niaims, including its attorney's f 5 acid court casts, and if the
Prin~lpa) shall malce gull payrne;nt to all porpcans supplying IabDr, s5rviees, rrimterial4i, crr, equipment in the
prom muttion cf tile, work under the roeltJrarit, in default of which such perzortn shali have a rilract rigll of notion
hw'eupons and if the Principal shall pay or cause to ha paid ail sales and use taxers payable a a result Of file
.parforniance of the rjontract aivy8ll as payment cif a rrlirr~• and speo(al.motor faois taxes in the puJrfcar'raanoe of
-the Gonttect and ail motor vehicle fees oquired for oamrnierdial frmufor vehjules used In cannec'cion WiL" ilhe
perfur manse of ft Contract, {lion this olAgatla t shall Ue vivid; otheiwise, fi gliall rearrkain in full force and efferf•
No medifiraWn ofThe CQntrartor e;:tenoion oftheterm thereof, noranyforDewvwo on ilielaartuf t ho
in.1 my wear mlease The l~rinclpal Qi• the stiriaty from liabliity hereunder, Notice. to .tyke Surety any su
mudiflf ation, eximsion, or forbnra im is hereby waived.
.IN r'Nir=SSWHEREO>F,theafawaldPrInralpalandSur6q(hffWiexwutk~dthis.insfrumentandaftadtheirseals
hKPAo, this 11TH slayof JUNE Pa D$ o~
in the presence r)f:
WtrN515s:
FEN CI 140 Prtoir-myka Rivrarmum if,
c,Z/90 30Vd
(Individual PHlnoipW)
¢latisirras Acddres)
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{!u<;r~rl~c7rta't~ r'ril7t2C!~~,i)
_PO B_OX_ 385
{Ettttslt7c; ~t f~r~rjr{~t;.t'1?..
CALPELLA, CA 95418
(c1ty/S1W'-'1;iP cod®)
AIJESM'
{ r~rpt tl $C; f='E'Irtci l} . a Afro,
(dittrJ~i;~ti~l?ipC: cvdra)
AMERICAN CONTRACTORS INDEMNITY COMPANY
( c~rlatar ~ui'94yt ~NHUN(G H. N IIYEN, ATT RNEY-INMCT
9841 AIRPORT BLVD., 9TH FLOOR
( iminia,,s Address)
LOS ANGELES, CA 90045
_ - fty/State,4ip CDdt".) w
The. rate, of Premium ~r} th! bl)nd is ; 2.50 / $1.50 . pie iihtt[ssar!r~,
Tfb total atrtuunt of prom ium s;ltt t'; t t l % INCLUDED. IN PERFORMANCE BOND
(ThQ &bovo is to bu i'!llad in by -Wraiy Company), (power of Attt?rrrry t if paruor, 6;I@nino for !5umit+ Company mfj,-,, t
Lin atlaol'W).
(G£„RYSCATU M O GORMWtt P 1<5401 N~)
culifythat,l arrt the _ .
$rWrew- r~y of thf" WrPoratiort .11am d as Prinuipal in the forequing bc+nd; t"cr t
who oignt; d vie rseid done an bohidfof the Prinnip;ai, vvk' i th(~-ip
- of said tc5l~rt~1'~titvl7;that l knowI-ou sigmtsam and fl-taf No
siprtaturr thersto i g ruin ; ~tnd rtat ,aid bond waft dully signed, swaled, -and ,Atosted to brand in baWlt' of sald
cmparalion by autharity of itu governing bndy.
n'i Il° wQtrpuraW Seel
F ?d+!C;ItJt~ C~i .lt C'1" Kr KNl -:R2DE- PAF -X
E y J:'.G 3FVd ~~I {~aNl~:~r~t1 31?TT92tVLDL G'P:7 DC~DL; 9C, /9G
-
fi
CALIFORNIA ALL-PURPOSE
1
CERTIFICATE OF ACKNOWLEDGMENT
Ik!
State of California
County of SACRAMENTO
On JUNE 11, 2008 before me, ROSEMARY MADDALENA, NOTARY PUBLIC
(Here insert name and title of the officer)
personally appeared NHUNG H. NGUYEN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
BOND NO. 1000797343
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
INSTRUCTIONS FOR COMPLETING TI IIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, an), alternative
acknowledgment verbiage as may be printed on such a document so long cis the
verbiage does not require the notary to do something that is illegal fbr a notary in
California (i.e. certifying the authorized capacity of the signet). Please check the
document ca?-eftilly for proper notarial wording and attach this formm if required.
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney-in-Fact
❑
Trustee(s)
❑
Other
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/thay~ is /ars ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CFO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 twvw.NotaryClasses.com
e e
American Contractors Indemnity Company
9841 Airport Blvd., 9°' Floor Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY TIIESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
Eric J. Fedors, Sheryl Smith, Kim Parry, Elizabeth A. Juarez, Matthew J. Beernaert, Rosemary Maddalena,
or Nhung H. Nguyen of Sacramento, California
its true and lawful Attorney(s)-in-Fact, with Tull authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ 53,000,000.00 This Power of Attorney shall expire without further action on March
18, 2011
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6"' day of
December, 1990.
"BESOT.I ED that the Chiel L ecutive OJjicer, Presidew or any Vice President, Lxeciaive Vice President, Secretnrv or Assistcu~t Secretarl, shall have the
power and awhoriti,
I. To appoint ;Ittornev(y)-in-fact and to awhori:Te them to execute on behalf of the Conhpam~, and attach the seal of the Companr thereto,
bonds and undertakings, contracts of indei nzity and other writings obligator- in the notilre thereof an(1,
2. To remove, at anY time, anv such .Ittornel -in-Fact and revoke the authoiin) given.
RESOLVID FURTHER, that the signaaties of szhch gfficers and the seal g/the Company maV be ({/jived to azm such Power oj-,41[orne1 of certificate
relating thereto by /ucsnnile, and anv such Pou er of,litornev or certificate bearing such facsimile simatures or facsimile seal shall be valid and binding
upon the Compaz~p and cma such power so executed and certified by facsimile signatzn es and facsimile seal shall be valid and binding upon the Company
in the fhztm•e with respect to amz bond or undertaking to which it is attached "
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 9°i day of October, 2007.
~~~~i CTORS14" AMERICAN CONTRACTORS INDEMNITY COMPANY
s
S INCORPORATED
y SEPT. 26,1940 R~/~
g~ o By. f1 c -
STATE OF CALIFORNIA ~ ~d(Ii~1~o § Adam S. Pessin, President
COUNTY OF LOS ANGELES
On this 9th day of October, 2007, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) On the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
n
si"nat ue of\otaly
My Commission expires March I S, 2011
DEBORAH REESE
Cammiss10 # 1126211
notary Public - Calitornla
r Los Angeles County
Wfy Caren. Eames PM1~ 18, 2011
I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither
the said Power of Attorney nor the resolution 11ave been revolted and thay are now In full force and effect.
IN WITNESS I-IERFOF, I have herermto set my hand this 11TH
Bond No. 1.000797343
day of JUNE '?00 8.
Joann J. Kim, Corporate Secretary
Agency No. 9010
R-. PoA I 1 /05/07