HomeMy WebLinkAboutArgonaut Constructors 2010-09-29CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
AGREEMENT
FOR
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 PROJECT
THIS AGREEMENT, made this 2-q day of Sepi-em bey 20 10 , by and between the City
of Ukiah, Mendocino County, California, hereinafter called the City and
":L-
A!!gov)otvl+ Cnvis--V A t~ hereinafter called the Contractor,
WITNESSETH:
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 50 working days (base bid)
notwithstanding allowable "unavoidable delays" as defined in the special conditions. An additional 40
working days for Additive Alternate #1 (water improvements) and an additional 10 working days for
Additive Alternate #2 (storm drain west of Railroad) will be given if additive alternate(s) are awarded.
Contract days shall be counted starting with the 10th day following notice of award of contract by the
Cam. 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 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
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 74 SPEC. NO. 10-12
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 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.
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 75 SPEC. NO. 10-12
(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 employee 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.
(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
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 76 SPEC. NO. 10-12
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 Z9~ day of
Se p-few►be. - , 20,10.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
lITY MANAGER, C TY OF UKIAH
Attest: i4z
15 Os- ~~~FU
8
2 A TOR ael D~ Smith-President
Attes~'''
Title: Michael A. Smith-Secretary
The foregoing contract
~
as to form and legality this 13 iday of , 20 /Q.
, CITY OF UKIAH
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 77 SPEC. NO. 10.12
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on this 13 day of
September 2010 , by and between the City of Ukiah ("Ukiah") and
Argonaut Constructors (Contractor).
Contractor is performing work as identified in "NEIGHBORHOOD ENHANCE MENT-CLARA
AVENUE PHASE 1 PROJECT," for the City of Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor
will protect the City of 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 emplovees.
CONTF
BY:
TITLE: Michael D. Smith-President
NEIGHBORHOOD ENHANCEMENT-CLARAAVE PHASE 1 78 SPEC. NO. 10-12
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE I PROJECT
The undersigned, as bidder, declares that he or she has examined thoroughly the entire contract
documents herein contained, that this proposal is made without collusion with any other person, firm
or corporation and that all laws and ordinances relating to the interest of public officers in this
contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted,
1) that he or she will contract with the.City of Ukiah, Mendocino County, California, in the
form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of
construction; _
b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of
whatever nature necessary to complete the job in conformity with the specifications
and drawings and other contract provisions herein or reasonably implied hereby or
as necessary to complete the work in the manner and within the time named herein
and according to the requirements and to the reasonable satisfaction of the City
Engineer; and
d) to pay all charges of freight transportation and hauling;
2) that he or she indemnifies the City against any loss or damage arising from any act of
the undersigned as Contractor; and
3) that he or she will accept as full payment therefore the following sums, said sums being
extended based on the final quantities where unit prices apply:
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 61 SPEC. NO. 10-12
BIDDING SCHEDULE
In case of discrepancy between words and figures, the words shall prevail. In any discrepancy
between unit prices and extended amounts for a bid item using unit prices (specified 'unit price
multiplied by specified quantity for bid item does not equal the extended amount for the item), the
specified unit price will control and will be used by the City to compare bids in selecting the lowest bid
and in awarding the contract. If the specified total bid amount does not equal-the total of the extended
amounts for all bid items, the City will use the total of the extended amounts for each bid item
(adjusted, if necessary, so that the extended amount equals the specified unit price multiplied by the
specified quantity for that bid item) to compare bids in selecting the lowest bid.
Base Bid
Item
No.
Item
Description
Estimated
Quantity
Unit of
Measure
Unit Cost
(in figures)
Total Cost
(in figures)
1
Traffic Control System
1
L.S.
3500.00
2
Pedestrian Traffic Control
S stem
1
L.S.
115.00
3
Roadway Excavation
662
C.Y.
Z1-00
1P 9o2. o
4
Subgrade Stabilization Fabric
1,605
S.Y.
q0
2 Z ef7, oo
5
Subgrade Stabilization/Dig Out
170
S.Y.
X0.00
51,00.00
6
Asphalt Concrete Surface
545
Tons
10d.
7
Asphalt Concrete Base.
425
Ton's
/OZ-00
,3,350.00
8
Permanent Asphalt Concrete
Trench Paving
4,541
S.F.
50
Zov3 X50
9
Reset/Relocate Street Sign
1
E.A.
2oo
zy-S, o0
10
Relocate Mailbox
1
E.A.
Zy-S.00
2, YS"
11
Remove and Relocate Fence
68
L. F.
'f?o0
.3191to.oo
12
Adjust Sewer Cleanout Frame
and Cover to Finish Grade
E.A.
300.00
300.00
13
Adjust Monument Well Cover to
Finish Grade
1
E.A.
,3oo.oo
300-oo
14
Minor Concrete, Curb & Gutter
816
L.F.
33.00
Z4.428.00
15
Minor Concrete, Sidewalk
(including DW aprons and
pedestrian rams
3,387
S.F.
10,00
533 Zo. W
16
Minor Concrete, Cross Gutter
660
S.F.
Oct
I?. Yo. 00
17
Sidewalk Pavers
458
S.F.
Z . oo
/o `f 1Z• ov
18
Curb Ramp Detectable Warning
Surface
7
E.A.
•00
.77-
51
'2vS~.Gb
19
Irrigation Sleeve-2"
4
E.A.
7.5-00
300
20
Curb Inlet,Type 4AC
2
E.A.
Z 1~o0 vv
V5w.oo
21
Curb Inlet, Type 2 1/2A
1
E.A.
ZOA -00
2000.'00
NEIGHBORHOOD ENHANCEMENT-CLARA AVE PHASE 1 62 SPEC. NO. 10-12
12
Water Main Lowering
1
E.A.
Z100.00
Z100..vo
13
Water Main Lowering (Partial)
2
E.A.
/ZSo. vo
ZS00.00
14
Bore and Jack
40
L.F.
76o,00
38000,0:~
15
Abandon Water Main
1
L:S.
3-500,00
16
Trench Shoring and Bracing-
Water
1
L.S.
$o. 00
17
Mobilization
1
L.S.
/Z5oo•o0
Total Additive
Alternate #1:75
Total Additive Alternate #1 Bid Amount in Words
Dollars
Additive Alternate No. 2- Storm Drain Imorovements (from State Street to Railroad)
Item
No.
Item
Description
Estimated
Quantity
Unit of
Measure
Unit Cost
(in figures)
Total Cost
(in figures)
1
Traffic Control System
1
L.S.
000.00
2
Pedestrian Traffic Control
System
1
L.S.
150.00
3
Permanent Asphalt Concrete
Trench Paving
1,769
S. F.
5.25
2 Z$7, 25
4
Curb Inlet,Type 4AC
2
E.A.
2100.60
~8~•0d
5
Drop Inlet, 24"x24"
2
E.A.
7400.00
28,00100-
6
48" Storm Drain Manhole
2
E.A.
5000.00
/t7a00. 00
7
12" Storm Drain Pipe
92
L.F.
(o$.~p
.r, g8p•Op
8
18" Storm Drain Pipe
369
L.F.
Z.00
0(.54S.60
9
24" Storm Drain Pipe
10
L. F.
/$o.00
/S60.00
10
Trench Shoring and Bracing-
Storm Drain
1
L.S.
Soco.ofo
11
Mobilization
1
L.S.
68on•oo
Total Additive
Alternate #2: 753 05. Z S
_V 6' "WA
Dollars
Total Additive Alternate #2 Bid Amount in Words
/ GV U"Yy 74'lV~ l:
NEIGHBORHOOD ENHANCEMENT-CLARAAVE PHASE 1 64 SPEC NO. 10-12
Executed in Duplicate Bond No. 929505636
Premium: $5,624.00
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
IFAiTFtFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
that we the undersigned. Argonaut Constructors
AS PRINCIPAL, and
Western Surety Company _
AS SURETY, are held firmly bound unto THE
CITY OF UIUM, herelnalter called the "City, in the penal sum of Eight Hundred Forty-nine Thousand
Seven Hundred Sixty-five and 35/10~I1a~ 849,765.35 l 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 50-P' 20
D 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 shelf in all respects
fully perform the Contract and all duly authorized modifications thereof, during its original tern and
any extensions thereof that may be granted and during any twrenty period for which the Contract
Provides, and If the Principal shall fully satisfy all claims, artsing out of the prosecution of the work
under the Contract and shall fully Indemnify the City for 911 expenses which it may Incur by reason of
such claims, including its attorney's fees and court coo, 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 shag have a direct right of action hereupon; and if the
Principal shag pay or cause to be paid all sales and use taxes payable as a result of the
pedormance of the Contract as well as payment of gasoline and special motor fuels taxes in the
performance of the Contract and all motor vehicle fans required for commerdal 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 temp thereof,
or any forbearance on the part of the City shall in any way release the PrIncipai or the Surety from
liability hereunder. Notice to the Surety of any such modification, extension, or forbearence Is
hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instru lent and
affbced their so* hereto, this 10th day of September a 2010 ,
In the presence of
WITNESS:
(SEAL)
(individual Principal)
(Business Address)
(City/St OMP Code)
WITNESS:
(SEAL)
NEWBOW400 ENrrANCL%W-CLWAVE PHASE 1 70 SPEC. NO. 10-112
00
M, el i
ess Fees)
1236 Central Avenue/P.O. Box 639
San Rosa, CA 95402
(City/StateOp Code)
ATTEST: (AFFIX)
(CORPORATE)
(SEAL)
h4 1! C- S TA.~,/f=a 2~ (Corporate Principal)
(Business Address)'
(CKYYG&Np Code)
ATTEST: (AFFIX)
(CORPORATE)
(SEAL)
Debbie L. Welsh
Zna ino Wrn Surety Company
BS orney-m- ac
555 Mission treet, Suite 200
San Francisco. CA 94105
(CiISrISta►t Mp Code)
100. X 9.
The rate of premium on this bond IS 749.765 x 6.30 perthousend.
The total amount of premium charges Is $ ..624.00
(The above Is to be Ned In by Surety Company.)
(Power of Attorney of person signing for Surety Company must be attached).
NMGHaoRHOW EMMOEMOU-CLARAAVB PHASE 1 QO
SPEC. H0.10.12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
MARIN
On September 10„2olo before me, Jessica L. Nowlin, Notary Public,
personally appeared Donna J. Frowd who proved to me
on the basis of satisfactory evidence to be the person(s) whose
name(s) is/aye subscribed to the within instrument and
acknowledged to me that be/she/tWq the same in
/her/f1 - authorized capacity(iea), and that by tws/her/ etr
signature(s) on the instrument the person(a), 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.
WITNESS my hand and official seal.
(seal)
Signature r
N JESSICA L. NOWLIN
g COMM
#1780067
.
NOTARY PUBLIC CALIFORNIA
M
0
ARIN COUNTY
My Comm. Expires November 16, 2011 1
Executed in Duplicate Bond No. 929505636
Premium: Included on Performance Bond
CITY OF UKiAH
Mendodno County, Callfomia
WIML AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
that we the undersigned, Argonaut Constructors
, AS PRINCIPAL, and
Western Surety Company. . AS SURETY, are held firmly bound unto THE
CITY OF UKiAH, hereinafter called the "City", in the penal sum of . Eight Hundred Forty-nine Thousand
Seven Hundred Sixty-five and 35/100 dofiars (S 849,765.35. ) 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 5 e p }e~'~ b ee- Z q . 20-LO a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation In such that If the Principal shall in all respects
fully perform the Contract and ab duly authorized modifications thereof, during ft original tens and
any extensions thereof that may be granted and during any guaranty period for which the Contract
provides, and if the Principal shag fully setisiy all claims, arksing out of the prosecution of the work
under the Contract and shall fully Indemnity the City for all expenses which it may incur by reason of
such cialms, including its attorney's fees and court costs, and I 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 Owl 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, than this obligation shop 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 shah 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 watered.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and
Affixed their seek hereto, this 10th dayof September . 20jL
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(Cfly0steMp Code)
WITNESS:
(SEAL)
NEIGHBORHOOD ENKgMMEW4;L A AVE MAN 1 82 SPEC. NO. 10-12
Argon 1r( t rsr
a nest roes)
1236 Ce tral Avenue/P.O. Bo 639
Santa Rosa. CA 95402
(CRY/Stateop Code)
ATTEST: (AFFIX)
(CORPORATE)
(SEAL)
v~C ST~q.~fv21~ (CorporatePrindpal)
(Business Address)
(City/State0p Code)
ATTEST: (AFFIX)
(CORPORATE)
(SEAT.)
Debbie L. Welsh *Pr I estern Surety Company
onna orney-in- ac
(Business. .
555 Missio, Stree Suite 200
San Francisco. CA 94105
(City/Stata/ v Code)
The rate of premium on this bond Is $included on Performance Bond
pair thousand.
The total amount of premium charges Is $ Included on Performance Bond ,
V*he above is to be filled In by Surety Company.)
(Power of Attorney of person elgnkV for Surety Company must be attached).
NEMMMOOD EN ANCEIAENT-CLARA AVE PHASE 1 83 SPEC. NO. 10-12
(CERTIFICATE AS TO CORPORATE PWMCiPAL)
~Michael A. Smith vefUfythStielnitle
8eoretary dOn owporaWn named as Prin W h the ft%okV bond; that Michael D. Smith
who ataned the aWd bald on bdW of the i ppL was then
President Of sad! Win; that I know h1s sy ig~ ftm,
and that his G%natura #W to is MUM; and tied acid bond was duty dared, sedW, and attested to for
and in befailf of said ouWabon by mOaity of hs awmft body, 4_
Oft)
(00"row)
Mich A. mith- Secretary (SWO
waoHeorr►rooo ENK%4CEMW-CLARA AVL PRAM 1 u MM RM 10-12
CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT
State of California
County of
MARIN
On September 10, 20io before me, Jessica L. Nowlin , Notary Public,
personally appeared Donna J. Frowa who proved to me
on the basis of satisfactory evidence to be the person(s) whose
name(s) is/aye subscribed to the within instrument and
acknowledged to me that be/she/they the same in
his/her/their authorized capacity(iea), and that by ilis/her/their
signature(s) on the instrument the person(&), 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.
WITNESS my hand and official seal.
(seal) Signature _
.'f jc:j'SICA L. NOWLIN D
r (..OUPa1. #1780067
G r" is
NDiAR`! NU9LIC-CALIFORNIA
MARIN COUNTY
My Comm. Ex: l! n November r 16,2011
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael B Mc Gowan, Donna L Welsh, Donna J Frowd, Debbie L Welsh, Jessica L Nowlin,
Michelle L Sweeney, Individually
of Novato, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 19th day of August, 2009.
State of South Dakota
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County of Minnehaha
WESTERN SURETY COMPANY
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Paul . Bmflat, Senior Vice President
On this 19th day of August, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires i
r D. KRELL r
November 30, 2012 f ^ NOTARY PUBLIC s i
RRSOUTH DAKOTA~r,
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D. Krell, No try Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 10th day of September 2010
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'gu Tye WESTERN SURETY COMPANY
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L. Nelson, Assistant Secretary
Form F4280-09-06