HomeMy WebLinkAboutCupples & Son's Construction 2016-01-21 (2)CONTRACT #1516156
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK
Specification No. 15 -16
THIS AGREEMENT, made this 21st day of January, 2016, by and between the City of Ukiah, Mendocino
County, California, hereinafter called the City and Cupples & Sons Construction, Inc., hereinafter called the
Contractor,
WITNESSED:
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 WITNESSED:
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 (as described), 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 one hundred and twenty (120) 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 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
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 36 Spec 15 -16
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.
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 37 Spec 15 -16
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)
(g)
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.
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.
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 38 Spec 15 -16
(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
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 21st day of January, 2016.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
Attest:
By:
Attest:
Title:
COMO, CITY MANAGER, CITY OF UKIAH
CIA06.)-/ KRISTIN ��`WL Y CLERK, �CITY FGUKIAH
ES & SONS CONSTRUCTION, INC.
The foregoing contract is approved as to form and legality this V day of r'C- h v K •/1 , 20 /' .
DAVI S ' 1 " , CI Y ATTOR EY, CITY OF UKIAH
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 39 Spec 15 -16
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on `--1/}341.14'a--'Y 2 20 it"
by and between the City of Ukiah (Ukiah) and Cupples & Sons Construction, Inc. (Contractor).Contractor
is performing the work in Specification 15 -16, Grace Hudson Museum Outdoor Classroom & Boardwalk for
the City of 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.
CUPPLES & SONS CONSTRUCTION, INC.
BY:
TITLE: PKeSie /e-'
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM 8 BOARDWALK 40 Spec 15 -16
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, CUPPLES & SONS CONSTRUCTION, INC.
BOND NUMBER: CAC7I3365
PREMIUM: $6,302.00
AS PRINCIPAL, and
MERCHANTS BONDING COMPANY
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City ", in the penal sum of
THREE HUNDRED FIFTY -THREE THOUSAND, FOUR HUNDRED FORTY -ONF. dollars ($ 353,441.00
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 JANUARY 2k 20 16
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 25TH day of JANUARY ,20 I6 .
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City /State /Zip Code)
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 41 Spec 15 -16
WITNESS:
ATTEST:
ATTEST:
CUPPLES . S CONSTRUCTOIN, INC.
( orporate Principal)
221 G OLIVE LANE
(Business Address)
UKIAH, CA 95482
EAL)
(City /State /Zip Code)
(Corporate Principal)
Affix
Corporate
Seal
(Business Address)
(City /State / Code
MERE TS
6700
y)
PARKWAY
ss Address)
Ix SANDRA R. BLACK
Corporate ATTORNEY -IN -FACT
Seal
WEST DES MOINES, IA 50266
(City /State /Zip Code)
$25.00 FIRST $100,000.00
The rate of premium on this bond is $ $I5.00 NEXT $400,000.00
per thousand.
The total amount of premium charges is $ 6,302.00
(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)
I, certify that I am the
Secretary of the corporation named as Principal in the foregoing bond;
that , who signed the said bond on behalf of the Principal,
was then of said corporation; that I know his
signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested
to for and in behalf of said corporation by authority of its governing body.
Affix Corporate Seal
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 42 Spec 15 -16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Sacramento
i
On 10,5/Lp before me, E. Johnson ., Notary Public,
1 Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Sandra R. Black
Name(s) of Signer(s)
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
• , E. JOHNSON person(s), or the entity upon behalf of which the person(s)
COmM. # 2127163 F acted, executed the instrument.
-'r!' NOTARY PUBLIC •CALIPO °NW r�
��/ SACRAMENTO COUNT! • • I certify under PENALTY OF PERJURY under the laws of
n.nn Ccmrr _,, OCT 15 2: - the State of California that the foregoing paragraph is true
and correct.
Witness my hand and offi•jal seal.
A
Signature • i
Place Notary Seal Above Signature of N• - 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 the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sandra R. Black Signer's Name:
• Individual • Individual
• Corporate Officer — Title(s): • Corporate Officer — Title(s):
• Partner • Limited • General • Partner • Limited • General
RIGHT THUMBPRINT
OF SIGNER
C✓J Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHT THUMBPRINT • Attorney in Fact
OF SIGNER • Trustee
Top of thumb here
• Guardian or Conservator
• Other:
Top of thumb here
Signer is Representing:
Merchants Bonding
Signer is Representing:
Company
MERCHANT�S
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
Sandra R Black; Sharon J Rusconi; Sokha Evans
of Sacramento and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION (510,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of November, 2014 .
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
President
On this20thday of November , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
9.1 AL WENDY WOODY
0 v Commission Number 784654
7 My Commission Expires
�owP June 20, 2017
STATE OF IOWA
COUNTY OF POLK ss.
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
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 and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this -tt, day of +�' n
i.z, -(1.l.4. °.... ••gip \.0 Co ,•. '/ �/
ZJ = • 4E'. 1933 c Secretary
2003 :.� .y. •„•
�••
POA 0014 (7/14)
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, CUPPLES & SONS CONSTRUCTION, INC.
BOND NUMBER: CAC7I3365
PREMIUM: INCLUDED
AS PRINCIPAL, and
MERCHANTS BONDING COMPANY
, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of
dollars ($ 353,44I.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 JANUARY 2I
20 I6 ,
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 25TH day of JANUARY ,20 16
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City /State /Zip Code)
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 43 Spec 15-16
WITNESS:
ATTEST:
ATTEST:
The rate of premium on this bond is $ N/A
CUPPL .: SONS CONSTRUCTION, INC.
(Corporate Princi(Sa
22I G OLIVE LANE
;SEAL)
(Business Address)
UKIAH, CA 95482
(City /State /Zip Code)
(Corporate Principal)
Affix
Corporate
Seal
(Business Address)
(Cit =
fp
e /Zi . oINF
A lig
i
orate ure
WN PARKWAY
siness Address)
SANDRA R. BLACK
C o rp o rat e ATTORNEY -I N -FACT
Seal
WEST DES MOINES, IA 50266
(City /State /Zip Code)
per thousand.
The total amount of premium charges is $ INCLUDED IN THE PERFORMANCE BOND
(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)
certify that 1 am the
Secretary of the corporation named as Principal in the foregoing bond;
that , who signed the said bond on behalf of the Principal,
was then of said corporation; that I know his
signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested
to for and in behalf of said corporation by authority of its governing body.
Affix Corporate Seal
GRACE HUDSON MUSEUM OUTDOOR CLASSROOM & BOARDWALK 44 Spec 15 -16
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Sacramento
f/1.i9 On ( j before me, E. Johnson , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Sandra R. Black
Name(s) of Signer(s)
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
,�� _,, E. JOHNSON person(s), or the entity upon behalf of which the person(s)
% COMM. # 2127163 E acted, executed the instrument.
�ma_
y.. NOTARY PUBLIC •CALIFORNIA ry
SACRAMENTO COUNTY
.; 1 certify under PENALTY OF PERJURY under the laws of
_� Comm. Exp. OCT. 15, 2019 the State of California that the foregoing paragraph is true
and correct.
Witness my hand a d official -al.
Signature - , i, /al
Place Notary Seal Above Signature of Notary •u•lic
OPTIONAL Ili
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 the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sandra R. Black Signer's Name:
• Individual • Individual
• Corporate Officer — Title(s): ■ Corporate Officer — Title(s):
• Partner • Limited • General • Partner • Limited • General
d Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHT THUMBPRINT • Attorney in Fact
OF SIGNER • Trustee
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
• Guardian or Conservator
• Other:
Top of thumb here
Signer is Representing:
Merchants Bonding
Signer is Representing:
Company
r
MERCHANT'S��
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make constitute and appoint, individually,
Sandra R Black; Sharon J Rusconi; Sokha Evans
of Sacramento and State of California their true and lawful Attomey -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of
STATE OF IOWA
COUNTY OF POLK ss.
z: °:3
"c% 1933
v6,• .a
November, 2014.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
7 7, %t
President
On this 20thday of November , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
Ay-
?JAL WENDY WOODY
o D Commission Number 784654
My Commission Expires
June 20, 2017
STATE OF IOWA
COUNTY OF POLK ss.
cc
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
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 and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this day of j
POA 0014 (7/14)
Secretary