HomeMy WebLinkAboutCC Resolution 10550 (City Hall ADA Restrooms)RESOLUTION NO. 10550
RESOLUTION OF AWARD OF CONTRACT FOR CITY HALL SECOND
FLOOR ADA RESTROOMS REMODEL TO J. K. MERZ
CONSTRUCTION, INC. IN THE AMOUNT OF $68,000.00
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, City Consultants began design work on the above-mentioned
project in August, 1999; and
WHEREAS, on the 14h day of December, 1999, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine, and declare all sealed bids or proposals for doing
the following work in said City, to wit:
"CITY HALL SECOND FLOOR ADA RESTROOOMS REMODEL"
PROJECT NO. 011-1412-131-8000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of J. K. MERZ CONSTRUCTION, INC., at the lump
sum price stated in its bid was and is the lowest and best bid for said work and said bidder
is the lowest responsible bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that
the bid of J. K. MERZ CONSTRUCTION, INC., and the same is hereby accepted at
said lump sum price and that the contract for said work improvements be and the same is
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ORIGINAL `P�
hereby awarded to said J. K. MERZ CONSTRUCTION, INC., at the lump sum price
mentioned in said bid.
BE IT FURTHER ORDERED AND RESOLVED that the Mayor and the City
Clerk of said City be authorized and directed to execute a contract with J.K. Merz
Construction, Inc., for said work and to return the bidders bond upon the execution of
said contract.
BE IT FURTHER RESOLVED that the Director of Public Works take any and
all such actions and make changes as may be necessary to accomplish the purpose of this
resolution.
I, Jeanne M. Leoncini, City Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City held on the 20`x' day of December, 1999, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
67�-itin
JE M. LEONCINI, City Clerk
-2-
:y of San Rafael • Califor
Form of Contract Agreement
for
CITY HALL SECOND FLOOR ADA RESTROOMS REMODEL
This Agreement is made and entered into this 20th day of December 1999 by and
between the City of San Rafael (hereinafter called City) and J. K. Merz Construction,
Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for
the considerations hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: City Hall Second Floor ADA Restrooms
Remodel , all in accordance with the requirements and provisions of the Contract
Documents as defined in the General Conditions which are hereby made a part of this
Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within 90 calendar days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
1111 - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $500 for each and every calendar day's delay in finishing the work
in excess of the number of working days prescribed above; and the Contractor agrees to
pay said liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any moneys due or that may become due the
Contractor under the contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1. Base Bid L. S. L. S. @ 68,000.00 = 68,000.00
V - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department shall
prepare and submit an estimate covering the total quantities under each item of
work that have been completed from the start of the job up to and including the
25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together
with such supporting evidence as may be required by the City and/or Contractor .
AGREEMENT • 1
(b). On not later than t' 15th day of the month, the City shall er deducting previous
payments made, 1. , to the Contractor 90% of the amc. .it of the estimate as
approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration of
35 days following the filing of the notice of completion and acceptance of the work by
the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract from
time to time, without retention of any portion of the payment by the public agency,
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST:
APP
CITY OF SAN RAFAEL:
Albe Boro /
Mayor
CONTRACTOR:
AGREEMENT 2
4ORD R.�:ji-ivk ..E OF L:IABILIW I S k 1*r�NL.G oiiTE[Mnniotirrr
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12/23/1
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ISU Sander Jacobs C a s s a y r e ins. 5 e r v. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 2800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
3200 Villa Lane COMPANIES AFFORDING COVERAGE
Napa, CA 94558-0800 COMPANY Transcontinental Ins. Co. (CNA)
Attn: Theresa Studebaker Ext: 220 A
INSURED ..... ... ... ..
]. K. Merz Construction COMPANY Transportation Insurance C❑. (CNA)
110 Belvedere St. #215
San Rafael, CA 94901 CO MANY American Casualty Company (CNA)
COMPANY .. .
COV FM43ES
THIS IS TO C£RT1E1' THAT THE PQl !CIES OF 1[JSURANC r IS t3ELOVY kAVE B£EN ISSI E: D —TciT F- INSURED NAMED ABOVE FOR THE POLICY PERiDO �
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION'
LTR POLICYNUMBfR DATE IMMIDDIYY) DATE IMMIDDIYY) LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE S 2, 000,000
PRODUCTS.,..
X COMMERCIAL GENERAL LIABILITY 1".'11'1.•.- ••• • ••• --•. •••• ..............111 1.......
-COhIP1pPAG S 1 000 000
CLAIMS MAGE X ;OCCUR :
A 81078329610 05/25 :PERSONAL $ADV INJURY Z 1,000,000
OWNER'S E CONTRACTOR'S PROT = / 19 9 9 0 5/ 2 5/ 2 0 0 0 .............................................................................
EACH OCCURRENCE S 1, 0 0 0, 0 0 0
........................................ FIRE DAMAGE
(Any one Frey S 5 0, 0 0 0
MED F -XP Way one person)
AUTOMOBILE UAWLITY -
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
B �UA1078329624
X HIRED AUTOS
X NON4NVNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
C X UMBRELLA FORM CUP1078329636
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETORI INCL
PARTNERSIEXECUTIVE
OFFICERS ARE. EXCL
OTHER
COMBINED SINGLE LIMIT
=
-
�,otao,00o
BODILY INJURY
(Per penon)
=
05/26/1999 05/26/2000 ` • .....
BODILY INJURY
S
(Per aoddent)
PROPERTY DAMAGE
S
AUTO ONLY -EA ACCIDENT
:.
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.............................
OTHER THAN AUTO :
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EACH ACCIDENT S
AGGREGATE $
EACH OCCURRENCE
................ .........................
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......................
05/26/1999 05/26/2000 ;AGGREGATE
. .I ------- . . ...
.......................
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VOLSI AIU :UIH-, Vic`...>•� -
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EL DISEASE - POLICY LIMIT
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EL DISEASE - EA EMPLOYEE
$
City Of San Rafael
1400 Fifth Ave
P 0 Box 151560
San Rafael, CA 94915-1560
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL jllMx(W MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
XXXXX
G-1 7957-F
CNA POLICY NO. B1078329610 (Ed. 04/98)
For All the CommitoNrtts You Maki
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section 11) is amended to
include as an insured any person or organization
(called additional insured) whom you are required to
add as an additional insured on this policy under:
1. A written contract or agreement; or
2. An oral contract or agreement where a certificate
of insurance showing that person or organization
as an additional insured has been issued; but
the written or oral contract or agreement must be:
1. Currently in effector becoming effective during the
term of this policy; and
2. Executed prior to the "bodily injury," "property
damage," "personal injury" or "advertising injury."
B. The insurance provided to the additional insured is
limited as follows:
1. That person or organization is only an additional
insured with respect to liability arising out of:
a. Your premises;
b. "Your work" for that additional insured; or
c. Acts or omissions of the additional insured in
connection with the general supervision of
'your work." C.
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or agreement or in the
Declarations for this policy, whichever is less.
These Limits of Insurance are inclusive and not in
addition to the Limits of Insurance shown in the
Declarations.
3. Except when required by contract or agreement,
the coverage provided to the additional insured by
this endorsement does not apply to:
a. "Bodily injury" or "property damage" occurring
after:
(1) All work on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the
additional insured at the site of the
covered operations has been completed;
or
G-1 7957-F
(Ed. 04/98)
(2) That portion of 'your work" out of which
the injury or damage arises has been put
to its intended use by any person or
organization other than another contractor
or subcontractor engaged in performing
operations for a principal as part of the
same project.
b. "Bodily injury" or "property damage" arising
out of acts or omissions of the additional
Insured other than in connection with the
general supervision of 'your work."
4. The insurance provided to the additional insured
does not apply to "bodily injury," "property
damage," "personal injury," or "advertising injury"
arising out of an architect's, engineer's, or
surveyor's rendering of or failure to render any
professional services including:
a. The preparing, approving, or failing to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; and
b. Supervisory, or inspection activities performed
as part of any related architectural or
engineering activities.
As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS
is amended with the addition of the following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over:
Any other valid and collectible insurance
available to the additional insured whether
primary, excess, contingent or on any other
basis unless a contract specifically requires
that this insurance be either primary or
primary and noncontributing. Where required
by contract, we will consider any other
insurance maintained by the additional
insured for injury or damage covered by this
endorsement to be excess and
noncontributing with this insurance.
Page 1 of 1
(1) The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this Excess
Insurance provision and was not bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part.
c. Method of Sharing
If all of the other insurance permits contribution by
equal shares, we will follow this method also.
Under this approach each insurer contributes equal
amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever
comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
5. Premium Audit.
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only, At the close of
each audit period we will compute the earned
premium for that period. Audit premiums are due
and payable on notice to the first Named Insured. If
the sum of the advance and audit premiums paid
for the policy term is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of the
information we need for premium computation, and
send us copies at such times as we may request.
6. Representations.
By accepting this policy, you agree:
a. The statements in the Declarations are accurate
and complete;
b. Those statements are based upon representations
you made to us; and
c. We have issued this policy in reliance upon your
representations.
7. Separation Of Insureds.
CG 00 01 11 88
a. As if each Named Insured were the only Named
Insured; and
b. Separately to each insured against whom claim is
made or "suit" is brought.
B. Transfer Of Rights Of Recovery Against Others To
Us.
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us. The insured must do
nothing after loss to impair them. At our request, the
insured will bring "suit" or transfer those rights to us
and help us enforce them.
9. When We Do Not Renew.
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less
than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Advertising injury" means injury arising out of one or
more of the following offenses:
a. Oral or written publication of material that slanders
or libels a person or organization or disparages a
person's or organization's goods, products or
services;
b. Oral or written publication of material that violates
a person's right of privacy;
c. Misappropriation of advertising ideas or style of
doing business; or
d. Infringement of copyright, title or slogan.
2. "Auto" means a land motor vehicle, trailer or semitrailer
designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not
include "mobile equipment."
3. "Bodily injury" means bodily injury, sickness or disease
sustained by a person, including death resulting from
any of these at any time.
4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, provided the injury
or damage does not occur in the course of travel or
transportation to or from any place not included in
a. above; or
c. All parts of the world if:
Except with respect to the Limits of Insurance, and any (1) The injury or damage arises out of:
rights or duties specifically assigned in this Coverage
Part to the first Named Insured, this insurance applies: (a) Goods or products made or sold by you in
the territory described in a. above; or
7
CG 00 01 11 88 Copyright, Insurance Services Office, Inc., 1982, 1988
UNITED PACIFIC INSURANCE COMPANY
PHILADELPHIA, PENNSYLVANIA
Bond No. B2893511
Premium: $1700.00
PERFORMANCE BOND Issued in Duplicate
CALIFORNIA - PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That J. K. MERZ CONSTRUCTION INC.
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Pennsylvania corporation authorized to execute
bonds in the State of California, as Surety, are held and firmly bound unto
CITY OF SAN RAFAEL
as Obligee, in the sum of SIXTY—EIGHT THOUSAND DOLLARS
Dollars ($ 68, 000.00 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract,
dated DECEMBER 20 '1999 , with the Obligee
to do and perform the following work to -wit: CITY HALL SECOND FLOOR ADA RESTROOMS REMODEL
NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed
under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and sealed this 23
BDU-2801 7/94
day of DECEMBER , 19 99
J. K. MERZ CONSTRUCTION INC.
BY:�_-
,d6eKM�'f"
RZPRESIDENT
UNITED PACIFIC INSURANCE COMPANY
ByL4,S_�
I
(Seal)
CLAY11-IOMPSON, CPCU CLAY THOMPSON Attorney -in -Fact
'ISU SANDER. JACOBS, CASSAYRE
INSURANCE SERVICES
P.O. BOX 2800.3200 VKLA LANE
NAPA, CA 94558 • (707) 252-8822
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of NAPA
On DECEMBER 23. 1999 before me,
personally appeared CLAY THOMPSON
THERESA STUDEBAKER, NOTARY PUBLIC
Name and Title of Officer (e g . "Jane Doe Notary Public")
Names) of Signer(s)
® personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
Ti STUD®A76 or the entity upon behalf of which the person(s) acted,
Commmieths ssion 12144 766 executed the instrument.
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Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
U
,v Signer's Name:
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❑ Individual
❑ Individual
❑ Corporate Officer
❑ Corporate Officer
❑ Title(s):
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❑ Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Attorney -in -Fact
❑ Trustee
❑ Trustee
❑ Guardian or Conservator ' ` .
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------------------
BD -1133 9/97
UNITED PACIFIC 11NTSURANCE COMPANY
PHILADELPHIA, PENNSYLVANIA
Bond No. B2893511
Premium: Included
PAYMENT BOND Issued in Duplicate
CALIFORNIA - PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that J. K. MERZ CONSTRUCTION INC.
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Pennsylvania corporation authorized to
execute bonds in the State of California, as Surety, are held and firmly bound unto
CITY OF SAN RAFAEL
as Obligee, in the sum of SIXTY—EIGHT THOUSAND DOLLARS -------
Dollars ($ 68, 000.00 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
The Condition of the above obligation is such that, Whereas the Principal on the 20 day
of DECEMBER , 19 99 , entered into a contract with the Obligee for
CITY HALL SECOND FLOOR ADA RESTROOMS REMODEL
NOW THEREFORE, if the original contractor or his subcontractor fails to pay any of the persons named
in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor per-
formed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employ-
ment Development Department from the wages of employees of the contractor and his subcontractor pursuant
to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the sueety will
pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought
upon the bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the
Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Signed and sealed this 23 day of DECEMBER , 19 99
CIAYTHOMPSON, UP,., 6;
'ISU SANDER. JACOBS, CASSA4 HL
INSURANCE SERVICES
BDU-2804 7/94 (CALIF.) P.O. BOX 2500' 32oo VILLI LANE
NAPA, CA 94658 • (707) 252-6K2
J. K. MERZ CONSTR TCT NC.
BY:
JO MERZ PRESIDENT
UNIT PACIFIICC IINSURA E COMPANY
By: � 1I�4
CLAY THOMPSON AGorney•in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of NAPA t
On DECEMBER 23, 1999 before me, THERESA STUDEBAKER, NOTARY PUBLIC
Name and Title of Officer (e.g.. 'Jane Doe, Notary Public")
personally appeared CLAY THOMPSON
Names) of S.gnerts)
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® personally known to me – OR – F1 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 N
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OPTIONAL \
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fraudulent removal and reattachment of this form to another document. \
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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) '
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1! Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer 1;
❑ Title(s): ❑ Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
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❑ Attorney -in -Fact ❑ Attorney -in -Fact
❑ Trustee ❑ Trustee
❑Guardian or Conservator
❑ Guardian or Conservator \
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RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY, COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation dully organized uri & the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the 1p, of the Statp.gf
Wisconsin (herein collectively called "the Corint6rtiesj Brill that the Companies by virtue of signature and seals do hereby make, dajifsbtq(e and appoint
Clay Thompson, Jeffrey O. Erickson, Robert �. Chovlck, of Napa, Celiforrtia their true and lawful Attomey(s)-In-Fact, to ►q.skg, t ;.S4 And
deliver for and on their behalf, and as theil^,apt;Ana dlod any and All bonds afrd undertakings of suretyship and to bind the Corn i p: to y 8% fully
and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Execu the cert of the
Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in
pursuance hereof.
This Power. of Attomey is granted under and by the authority, of Article VII of the By -Law¢ of REt.IANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL IN6EMNli-Y COMPANY which provisions are now in
full force and effect, reading as fol(oNfs:
ARTICLE VII - EXECUTION OF 90NDS AND UNDERTAKINGS
I. *Me Board of Di*wn, the ire *nt. the Chair ofihe Hand, any Seplar We Pres'dSiC6ltiy V int President or Anisant vice president or other officer designated by dte:flokd ehint#oil "I h6i
Power hd autfwrity p W apofn) Attarnay(s)-bil and to "Ilicidw4em io dicdwk, On behalf of the (r'urrtphfsir; $ends and undertakings. rs cognW . contacts of indemnity and other trriow,411gatory to die Mttre
thereof. and (b) m rf mpvc any c4h Attotngy(s.),ift Fact at bhy Ame}gd ievulr ft power and authority given td them. '
2. Attorthey(s),m-Pict shill have power and aathariry/i sublect s0 the term and limlhtioty of the Pdwet of Aaoroey cased so drat, to "acute and deliver on bcb&K of the Comyany. bends and undnvkl6g.
remgniaKrs. contracts of lodemnity and adter writings obligamry In the neuter thacof. The raeporate: seal is not necruary for the validity of any hoods and undertakings recogaianca, conte of indetnniry, and otter
writings obligatory in the nature thereof.
3. Anorpdy(s)-ii-I Act. shall barye poi= and aurhorlry to eaeare affidavits required to be attached to bonds, soca nice of I t 'or
also have Power and audimity ip Aertrfy the noakw st••a�m of the Company and to tet of the B -Laws of the C g � Mme. Y - P!he+ mndll}o(nl or, obligatory tuderultbrp and dreg ahaB
col Y °tnPanY or any artkk br seaioll.Usermf. -
This Power or Attorney Is sighed and splyd by faesrmBe under and by authority of the following rtxohtion adopted by the Fiecutiva uhd Flingioe C'ammitpas•at the Adasds of Dystors of Reliaez trwsranm Company.
United Pskiftc Insurance Corby adfffld anti r4pliorol Indemnity Company by Umnunous Consent dated as or February 711, 19% and by tlhe E=691rt;sid-Roancisl Cothrillhirs of rhe Sand of Direcmo of Relimot,
Surety Company by Urunlowus Coaseat ifated as of March 31. 1994.
'Resolved that rhe signatures of such directors ud offices and the seal of t1A Company may be affixed many such Power of Attorney err my catifrwta relating thereto by facsimile, and arty such
Power of Attorney or anlfrmte bearing such facsimile sigmturq or factimDe sail shall be valid and binding upon the Comparq and any such Power so executed and certified by frAimlle slQasturts
and facsimile seal stall be valid and binding upotf lila ClFpsil in the futore with rdtpec1 b Arty isanl) or urnderawas to which it is aroched.'
IN WITNESS WHEREOF, the Companies hays caused these presents to be signed and their corporate seals to be hereto affixed, this A0q.1123t 1199A.
RELIANCE SURETY COMPANY
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% M, Ill RELIANCE INSURANCE COMPANY
4qx-ty, � uNiTED. PACIFIC INSURANCE OQMFAN'*
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ATE OF Washington )
COUNTY OF King
On this, April 23, 1998, before me, Laura,L..WedsWorth, personally appeared Mark W. Alsup , who acknowledged himself to be th¢-VA¢e President of
the Reliance Surety Company, Reliance Insutance Company, United Pacific Insurance Company, and Reliance National Indemnity Coitlpany and that at'
such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duly authorized officer.
1
In witness whereof, I hereuo(d set my hand and official seal.
S�mOt ary Public in and for the S ate of Washington
Residing at Puyallup
1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INsuRANCE CbMPANY, UN)TED PACIFt'p INSURANCE
COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY db hefeby certify that the above and foregoing is a true and corned opoy of the Power
of Attorney executed by said Companies, which' is Still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this2 day of DECEMBER year of 1999.
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