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HomeMy WebLinkAboutKG Walters Construction 2009-07-16CITY OF UKIAH Mendocino County, California AGREEMENT FOR GOBBI STREET WELL CONSTRUCTION Specification No. 09-10 THIS AGREEMENT, made this day of -,TU. t-' , 20, 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 Engineer. The Contractor shall complete the work within thirty (30) 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 GOBBI STREET WELL CONSTRUCTION 33 Spec. No. 09-10 the Engineer 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 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 bythe 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. GOBBI STREET WELL CONSTRUCTION 34 Spec. No. 09-10 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 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 every first tier subcontract so that such provisions will be binding upon each such subcontractor. GOBBI STREET WELL CONSTRUCTION 35 Spec. No. 09-10 (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. 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 -4f day of , 20 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: V CON- ACTOR ALT Attest: / - Title:- KG WALTERS CONSTRUCTION CO INC , PRESIDENT GOBBI STREET WELL CONSTRUCTION 36 Spec. No. 09-10 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on 20 , by and between the City of Ukiah (Ukiah) and (Contractor). Contractor is for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. GOBBI STREET WELL CONSTRUCTION 37 Spec. No. 09-10 BOND NO.: 57BCSFB1779 CITY OF UKIAH Mendocino County, California FAITHFUL. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, AS PRINCIPAL, and K.G. WALTERS CONSTRUCTION CO., INC. HARTFORD FIRE INSURANCE COMPANY AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of THREE HUNDRED THIRTY TWO THOUSAND FIVE HUNDRED SEVENTEEN AND 00/100------------------------------- dollars 332,517.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated JUNE 19 , 20 09 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnifythe Cityfor all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 22ND day of JUNE ,20 09 - In the presence of: WITNESS: (Individual Principal) EAL) (Business Address) (City/State/Zip Code) GOBBI STREET WELL CONSTRUCTION 38 Spec- No. 09-10 K.G. WALTERS CONSTRUCTION CO., INC. WITNESS: By. (SEAL) ( orpor Principal) WALT JOHNSON, PRESIDENT P.O. BOX 4359 (Business Address) SANTA ROSA, CA. 95403 (City/State/Zip Code) ATTEST: By: (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) ATTEST: HARTFORD FIRE I". "E CePANY By zJ ' t1`1 f ' Affix (Corporate Surety) Corporate RICHARD S. SVEC, ATTORNEY- IN- FACT Seal 33 NEW MONTGOMERY ST., 7TH FLR. (Business Address) SAN FRANCISCO, CA. 94105 (City/State/Zip Code) The rate of premium on this bond is $ 11.28 per thousand. The total amount of premium charges is S 3, 751.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) VALERIE CARMICHAEL , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that WALT JOHNSON who signed the said bond on behalf of the Principal, was then PRESIDENT of said corporation; that I know his signature, and that his signature thereto is genuine; and that said b d was duty signed, sealediand attested to for and in behalf of said corporation bi authority of,its governing bo 1(f ~1 Affix Corporate Sea) GOB©I STREET WELL CONSTRUCTION 39 Spec. No, 09-10 Direct Inquiries/Claims to: THE HARTFORD F"OWER" 0"Fr"' BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 57-554462 & 57-150896 ® Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ® Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ® Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies°) do hereby make, constitute and appoint, up to the amount of unlimited: Anna Sweeten, Richard S. Svec, Linda K. LaMarr, Michael J. Heffernan of San Jose, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. TY t.1y~ ~tlr mFR• Er x4 yt!!S " --e o ' .,,r+r, ~t S 6 B 7~ei a L O o P ~at[[r,tvf alg ri197s ~iyF •.T d$1t ~~,J Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT Ss, Hartford COUNTY OF HARTFORD On this Isf day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. $ ~ * Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of JUNE 22, 2009. Signed and sealed at the City of Hartford. YYLtyU ~nnr tr KF[ try U." rt a +p a "Oao' '~i 1667 i t g wtrstr[frivt,n 'mStA~~ :2874 187a 'tr 4 ~hePatao' 'Yrp'~~ }+s~t • ~`•.,,'+a [+4a[5° Gmeui• Gary W. Stumper, Assistant Vice President ',,~~C U C ]F L^`, C'~~Guli=c E G ~~9C ~C G C M State of California County of SONOMA On JUNE 25, 2009 before me, SUZETTE RANSOM, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared WALT JOHNSON Name(s) of Signer(s) - -Slay ~0 Cots m"lon 1713913 dory Public - California Z a Sonoma County =--g' - ro29.2011 who proved to me on the basis of satisfactory evidence to be the person( whose name(4 is/a)Wsubscribed to the within instrument and acknowledged to me that he/4lX/tKXy executed the same in his/ /t r authorized capacity(DW, and that by his/bWtM1r signature() on the instrument the person(K), or the entity upon behalf of which the personM 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. WITNESS my hand and official seal. Signature--5, L a.` & mtltl~Al/ Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner- ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact . - ❑ Trustee Top 0f thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91 31 3-2402- www.NationaiNotary.org Item 85907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On June 22, 2009 before me, Linda K. LaMarr, Notary Public, personally appeared Richard S. Svec who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Ea a., ( instrument and acknowledged to me that he executed the ~~pEK^"F°q LINDA K. LA MARR n same in his authorized capacity, and that by his signature on COMM. # 1616227 Y n X the instrument the person, or the entity upon behalf of NOTARY PUBLIC - CALIFORNIA to t1 SANTA CLARA COUNTY N which the person acted, executed the instrument. Cal~f~FHµ My Comm. Expires October 27, 2009 It )1 ( I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r V U l ',i 3 -,11 J l PLACE NOTARY SEAL ABOVE SIGNATURE OF NOTARY PUBLIC OPTIONAL - Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title of Type of Document: Dcoument Date: Signer(s) Other Than Named Above: CAPACITY(IES) CLAIMED BY SIGNER(S) SIGNER'S NAME: ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑ LIMITED ❑ GENERAL ®ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER : Top of thumb here SIGNER IS REPRESENTING Number of Pages: SIGNER'S NAME: ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ATTORNEY-IN-FACT -7, ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER : Top of thumb here SIGNER IS REPRESENTING BOND NO.: 57BCSFB1779 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, K. G . WALTERS CONSTRUCTION CO., INC. and HARTFORD FIRE INSURANCE COMPANY are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of THREE HUNDRED THIRTY TWO THOUSAND FIVE HUNDRED SEVENTEEN AND oo/loo------------- dollars($ 332,517.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated JUNE 19 2009 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder, Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 22ND day of JUNE 2009 AS PRINCIPAL, AS SURETY, In the presence of: WITNESS: (Individual Principal) (SEAL) (Business Address) (City/State/Zip Code) GOB61 STREET WELL CONSTRUCTION 40 Spec. No. 09-10 WITNESS: ATTEST: K.G. WALTERS ONSTRUCTION CO., INC. By _ (SEAL) C o r orat rinci al T JOHNSONPRESID ( P P ) WALT JOHNSON, ENT P.O. BOX 4359 (Business Address) SANTA ROSA, CA. 95403 (City/State/Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) HARTFOR I FIRE CNSU CE OMPANY ATTEST: By: - Affix (Corporate Surety) Corporate RICHARD S. SVEC, ATTORNEY-IN-FACT Seal 33 NEW MONTGOMERY ST., 7TH FLR. (Business Address) SAN FRANCISCO, CA. 94105 (City/State/Zip Code) The rate of premium on this bond is $ -0- per thousand. The total amount of premium charges is S INCLUDED IN PERFORMANCE BOPM (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, VALERIE CARMICHAEL certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that WALT JOHNSON who signed the said bond on behalf of the Principal, was then PRESIDENT '14 of said corporation; that I know his signature, and that his signature thereto is genuine and that said band vas duly signed, sealed, and attested to for and in behalf of said corporation b(y authority _W/its gdVerning body f esl Corporate Seal GOBBI STREET WELL CONSTRUCTION 41 Stxc. No, 09-10 Direct Inquiries/Claims to: BOND, T-4 -IT r-*' " 0 W E I R` F A"T, T ( ) R N 1 E 1 " w'y THE HARTFORD P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call. 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 57-554462 & 57-150896 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ® Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ® Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Anna Sweeten, Richard S. Svec, Linda K. LaMarr, Michael J. Heffernan of San Jose, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Yytf $y~a~ (DE) Af i % 19s % • ~'h~,•~i L19915 rf6tall~ •~yfrjl0'~• , f ,0 ox . Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT • Hartford Ss COUNTY OF HARTFORD On this 1st day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of JUNE 22, 2009. Signed and sealed at the City of Hartford. 11. Telt~ arr a ,11 Is ~ ,fLIL go,,g~r > '`1y afeLP.ilC ~pf a ~I,a~r _~Y ?F~~ hn T? d a +Dw i 1967 o i:i M:ejrrrlntyt, stag 2979 1879 Z K~.~,s •h,' e{, /#a; 't~. ,le ~•a~ 7974 4' ter,":;:. ~''ew.taq 3~F'*7.itt • ~ ~"~a,''iLIeolSf rf°rut*`~ .~:.~amd`• t i Gary W. Stumper, Assistant Vice President .m FF 1-r' r` L' c f I-~r..~ r f r" I LL State of California County of SONOMA On JUNE 25, 2009 before me, SUZETTE RANSOM, NOTARY PUBLIC Date Here Insert Name and Title of file Officer personally appeared WALT JOHNSON Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/aWsubscribed to the within instrument and acknowledged to me that he/ /try executed the same in his/MA r authorized capacity(fDW, and that by his/I/ /tNXr signature( on the instrument the person), or the entity upon behalf of which the person 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. Place Notary Seal Above WITNESS my hand and official seal. Signature':- -Signature of Notary Public OPTIONAL) Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . -l I Top of thumb here (cumber of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing lop of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PC. Box 2402 • Chatsworth, CA 91313-2402= www.NationalNofary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 4 County of Santa Clara On June 22, 2009 before me, Linda K. LaMarr, Notary Public, personally appeared Richard S. Svec who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the LA MARR same in his authorized capacity, and that by his signature on C0.l OV IryF c.,'::ta COMM. # 1616227 the instrument the person, or the entity upon behalf of +01'Ca NOTARY PUBLIC CALIFORNIA N which the person acted executed the instrument. 1 > SANTACLARACOUNTY (il My Comm. Expires October 27, 2009 S ~tIFbPP~ t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL ABOVE SIGNATURE OF NOTARY PUBLIC OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title of Type of Document: Dcoument Date: Signer(s) Other Than Named Above: CAPACITY(IES) CLAIMED BY SIGNER(S) SIGNER'S NAME: ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑ LIMITED ❑ GENERAL ®ATTORNEY-IN-FACT r y T r ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER : Top of thumb here SIGNER IS REPRESENTING Number of Pages: SIGNER'S NAME: ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER : Top of thumb here SIGNER IS REPRESENTING