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M Bar C Construction Inc; 2014-07-09; PWM14-55PEM
PWM14-55PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT OAK EQUIPMENT CARPORT STRUCTURE This agreement is made on the _ _day of 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "C\ty"T and M Bar C Construction, Inc., a California corporation, whose principal piace of business is 674 Rancheros Drive, San Marcos CA 92069 (hereinafter called "Contractor"). City and Contractor agree as foliows: DESCRIPTION OF WORK. Contractor shaii perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, ail of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carisbad Ordinances governing labor. GUARANTEE. Contractor guarantees ail labor and materials furnished and agrees to compiete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Zunke (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes the provisions of the Caiifornia Labor Code when the pubiic work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. OAK EQUIPMENT CARPORT STRUCTURE Page 1 of 8 City Attorney Approved 2/7/13 PWM14-55PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor^^g» participating in contract bidding. Sign^urer Print Name: Tasnn Tanni REQUIRED INSUiRANCE. The successful contractor shaii provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of Caiifornia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not iess than $500,000 Property damage insurance in an amount of not iess than $100,000 Automobiie Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobiie insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-canceiiation clauses providing that thirty (30) days written notice shall be given to the City prior to such canceilation. The policies shaii name the City of Carisbad as an additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directiy or indirectly arising from or in connection with the perfomnance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directiy or indirectiy from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include ail costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 5 working days after receipt of Notice to Proceed. Completion: Contractor agrees to compiete work within 40 working days after receipt of Notice to Proceed. OAK EQUIPMENT CARPORT STRUCTURE Page 2 of 8 City Attorney Approved 2/7/13 PWM14-55PEM CONTRACTOR'S INFORMATION. M BAR C CONSTRUCTION 674 RANCHEROS DRIVE (name of Contractor) 869960 (street address) SAN MARCOS, CA 92069 (Contractor's license number) B&C51 (city/state/zip) 760-744-4131 (license class, and exp. date) 11-1-2014 (telephone no.) 760-744-4449 (fax no.) chrisr@mbarconline.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR M BAR C CONSTRUCTION, a Caiifornia corporation By: (sign here) Tason lanni/President (print name/titie) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant City Manager, Bepuly Cily Manager r.r n<^p>)rtmpnt nirpntnr as authorized by the City Manager Katiiryn B. Dodson ATTEST (sign here) Megan McReynolds/CFO ?BARA ENGLESON City Cierk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the foliowing two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seai empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attomey BY: (\. bKbWhK, t Assistant City Attorney OAK EQUIPMENT CARPORT STRUCTURE Page 3 of 8 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Caiifornia County of c "^O-s/^- ^ D On fe>-'2th T'/V before me, } Date personally appeared CL Here Insert Name and Title of the Officer \ Name(s) of Signer(s) JONIM.WEm Commission # 1974394 Notary PubHc • CalMonria yr San Diego Comty g M|rConHn.p^M.y4.M16| who proved to me on the basis of satisfactory evidence to be the person(^ whose name(jO is/are subscribed to the within instrument and acknowledged to me that he/!she/they executed the same in his/|3Sf/ttisir authorized capacity(j«s), and that by his/her/thetr signature(e) on the instrument the person(.^ or the entity upon behalf of which the person(«facted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Caiifornia that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seai. Signatiirfi^^TT'^^ , —' ' " Signature of Notary Pubiic OPTION i^ 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: . Number of Pages: 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: RIGHTTHUiVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing; RIGHTTHUMBPRINT OF SIGNER Top of thumb here mmmmmmmmmmm^mmmmmimmmmmmmsmmmmmmmmmmimmmmmm^ ©2007 National Notary Association* 9350 De Soto Ave., RO. Box 2402 •Chatsworth, CA 91313-2402 •www.NationaiNotary.org item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of v.-$^w } On h-t^h'l^ before me. Date Here in personally appeared M^pj^ /H-cjCs^S VuPl <L^ ^7 Name(s) of ci/9vC' A^UDoi^^ >U)^fw<, /Lt^/^l. ~ Here insert Name and Titie of the Officer ' Signer(s) ********** •KMH M. WEIR Cemmiaiton «1974394 Notary ftitoiic. California San Diago County fComra. Expires IWay4.2016 who proved to me on the basis of satisfactory evidence to be the person(8) whose name(8)^s/arff subscribed to the within instrument and acknowledged to me that +ie/she/*hey executed the same in his/herAhetrauthorized capacity (tee), and that by his/her/tl^eif signaturejis) on the instrument the person(s^, or the entity upon behalf of which the person(8)'acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of Caiifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seai. Place Notary Seal Above Signature OPTIONA 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: Number of Pages:. 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: RiGHTTHUiVIBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmimmmmmm ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org item #5907 Reorder; Call Toll-Free 1 -800-876-6827 Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 869960 DISCLAIMER: A license status check provides information talcen from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. •# Per B&P 7071.17 . only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 869960 Extract Date 6/11/2014 M BAR C CONSTRUCTION INC Business Phone Number: (760) 744-4131 ^> 674 RANCHEROS DRIVE SAN MARCOS, CA 92069 Corporation 12/22/2005 12/31/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR C51 STEEL. STRUCTURAL CONTRACTOR'S BOND This license filed a Contractor's Bond with WESTERN SURETY COMPANY. Bond Number: 69950620 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL https://www2.cslb.ca.gov/0nlineServices/ClieckLicensell/LicenseDe... 6/11/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 1. The Responsible Managing Officer (RMO) lANNI MICHAEL JASON certified that he/she owns 10 percent or more of the voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 02/08/2006 BQI's Bond Historv WORKERS' COMPENSATION This license has workers compensation insurance with OLD REPUBLIC GENERAL INSURANCE CORPORATION Workers' Compensation Policy Number: A1CW04651200 Effective Date: 11/01/2012 Expire Date: 11/01/2014 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacy Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 6/11/2014 PWM14-55PEM EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent ofthe bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion ofthe work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions ofthe Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. ofthe California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Painting Jones Painting 1248 San Julian Place San Marcos 617171 C33 4/30/15 3% Total % Subcontracted: 3% OAK EQUIPMENT CARPORT STRUCTURE Page 4 of 8 City Attorney Approved 2/7/13 PWM14-55PEM EXHIBIT B Definitions: CONTRACTOR - Any party (business) who has entered into a contract with the City for the provision or disposition of goods and services. CONTRACT ADMINISTRATOR - The Municipal Property Manager, Property and Environment Management Department or his authorized representative. CITY-The City of Carlsbad PROPOSAL - A fixed cost proposal prepared by the Contractor for work requested by the Contract Administrator. Summarv: Contractor will fabricate and install approximately 2,500 Sq. Ft. of semi-cantilever non-solar carport structure at the City facility located at 405 Oak Avenue. Contractor agrees to furnish all equipment, materials, supplies, services, and labor in accordance with all applicable labor, building codes, building plans, and specifications to complete the work specified per the proposal. Pre-Construction: Contractor agrees to hold a pre-design meeting at the City facility where the structure is being installed. Contractor agrees to complete the design process in ten (10) working days after the notice to proceed. Contractor agrees to provide a preliminary design submittal, and final design submittal. All plans submitted to the contract administrator shall be prepared, signed, and stamped by an Engineer registered/licensed in the State of California Contract Administrator will pull the required permit. Contractor will provide plans and engineering calculations for the structure, and its foundations. All drawings, specifications, other documents, and electronic data, furnished by the Contractor will be turned over to the City upon completion of the work. Contractor will provide a project schedule. The schedule will be updated on an as needed basis. Construction: • All Demolition will be completed by contractor. • Contractor will load excavated soils for the City. • City will dispose of the excavated soil for the foundations. • Contractor will provide concrete columns as a foundation. Approximately 9 ft. deep by 2 ft. in diameter. Columns will be spaced at approximately 27 ft. on center. • All shipping to the jobsite is included in the proposal. • All material fabrication and procurement is included in the proposal. OAK EQUIPMENT CARPORT STRUCTURE Page 5 of 8 City Attomey Approved 2/7/13 PWM14-55PEM Contractor will provide mill run material, no "off the shelf material will be used in construction. Proposed arrays will be light gauge columns, beams and purlins with factory painted 26ga. Roof deck, and trim included. Roof deck will have a %" per foot tilt to sheet water. Clear heights estimated at 12 feet (Low End) Contractor will paint all columns, beams, and purlins. Contractor will provide one (1) coat of red oxide primer. Contractor will provide one (1) finish coat of an alkyd oil enamel coat. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Ea 1 Design Services to include stamped engineered drawings. 2 Ea 1 Mobilization 3 Ea 1 Construction Services 4 Ea 1 Bond Total * $33,680 ''Includes taxes, fee's, expenses and all other costs. OAK EQUIPMENT CARPORT STRUCTURE Page 6 of 8 City Attorney Approved 2/7/13 PWM14-55PEM EXHIBIT C Bond No. 106011395 LABOR AND MATERIALS BOND Premium: $278.00 Premium may be adjusted based on final contract price WHEREAS, the City of Carlsbad, State of California, has administratively awarded to M Bar C Construction (hereinafter designated as the "Principal"), a Contract for: OAK EQUIPMENT CARPORT STRUCTURE in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the fumishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, M BAR C CONSTRUCTION, as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Three Thousand Six Hundred Eighty Dollars ($33,680), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Califomia Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attomey's fees, to be fixed by the court consistent with Califomia Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. OAK EQUIPMENT CARPORT STRUCTURE Page 7 of 8 City Attomey Approved 2/7/13 PWM14-55PEM In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ^(7' of ^0->-^ , 20 . CONTRACTOR: M Bar C Construction, Inc. (name of ContoiRor) . day Executed by SU R ETY th is 25th .day of June ,20 14 SURETY: Travelers Casualty and Surety Company of America „ (name of Surety) 21688 Gatewiy Center Drive Diamond Bar, CA 91765 (sign here) (address of Surety) 909-612-3667 (print name here) (title and organization of signatory) Bv: i /^r^xyi^AOh-^'-^^^^— ^ (sign here) Q (signature oT Attqijhey-in-Fact) Sioux Munyon (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney OAK EQUIPMENT CARPORT STRUCTURE Page 8 of 8 City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^ib^v^ 0 CP On. before me. Here Insert Name and Title of the Officer personally appeared —L^^^'^ Name(s) of Signer(s) 4 t JONI M. WEIR Commission # 1974394 Notary Public - California 1 San Oiego County san Dtego county g My Comm. Expires May 4.20161 who proved to me on the basis of satisfactory evidence to be the person(^whose name(^ is/are; subscribed to the within instrument and acknowledged to me that he/^/t^ executed the same in his/l]fer/t^ir authorized capacity(i^), and that by his/l%r^l^Sir signature(g) 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^^^Ti: ^ OPTIONAt^ 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: . Number of Pages:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of^CXw 0 County } On (y-^^'^l before me, xV wx K UXx JOdtc^y^ J^oJoh Date T Here Insert Nan» and Title of the Officfr personally appeared A(-^Cgv^ Kgi/ L7 » Name(s) of Signer(s) JOW M. WBR CoffiRiiaslon # 1974394 Notary Public • Califomia San Oiego County g Comm. Expirts May 4.20161 4394 I fomia 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^) whose name(^ is^O« subscribed to the within instrument and acknowledged to me that ^/she/tl)^y executed the same in (HTs/her/ttifeTr authorized capacity(i^), and that by fjj^/her/thjgfr signature(j^ on the instrument the personj^), 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. WITNESS my hand and official seal. w^^'-Signature OPTION Signature of Notary Public Though the information below is not required by law, it may^rove 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: Number of Pages:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ® 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 California Aii-Purpose Acicnowledgment state of California County of San Diego -s.s. On Jwg 25) 20/*/ before me, Kimberley C. Miller, Notary Public ' Mame of Notary Piibtc Title personally appeared Sioux Munyon Na^ne o' Signei (2) who proved to me on the basis of satisfactory evidence to be the person(5d whose name(a:) is/aee subscribed to the within instrument and acknowledged to me thati?8/she/»iey executed the same in *iis/her/8i6ff authorized capacity^tas^, and that byiai6/her/8?eir signature(g) on the instrument the person(g), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my han^and official seal. aMBERLEY 0. MIUERj COMM. #2025774 iWT«iiy««uc •e*uK)»a* SAN 0«00 COUHTY Comm. 6xp. JUNE 2i_»1L OPTIONAL INFORMATION Although Vie intormaticn m ihis ^.ection is nol :equired by law. it could preveni fraudulent removal ana reattachmeni cf tnib acknowteagmeni to an unauthorized document and may prove useful to persons relying on trie attached docuiven:. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing. . pages, and dated. The signer(s) capacity or authority is/are as: • Individual(s) S Attomey-in-tact • Corporate Officer(s) • Guardian/Conservator • Partner - Limited/Gefieral • Trustee(s) • Other representing; Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: • form(s) of identification • aedlble witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other • Additional Signer • Signer{s) Thumbprints(s) • ?C :0 Notap/ Learning Center - .A'.-, Rignts Reserved TRAVELERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company TVavelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 227296 Certificate No. 005677464 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sioux Munyon of the City of , Lakeside , State of_ California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this . , „ October 2013 day of , • 24th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company lYavelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the. 24th . day of _ October 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. ^ Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS ItvlVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tme and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this. 25?^ day of ,20 1/ Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER