HomeMy Public PortalAboutAgreement_2016-09-20_Pavement Coatings Co_Pavement Rehabilitation Project, CIP No P13-02[q C&QAt:1572q4l16iM
PUBLIC WORKS CONTRACT
PROJECT: FY 2016/2017 PAVEMENT REHABILITATION PROJECT, CIP NO. P13-02
THIS AGREEMENT ("Agreement") is made and entered into this 20th day of
September, 2016 by and between the CITY OF TEMPLE CITY, a Municipal Corporation
located in the County of Los Angeles, State of California ("CITY"), and PAVEMENT
COATINGS CO., a corporation, located at 10240 San Sevaine Way, Jurupa Valley, CA
91752 ("CONTRACTOR"), collectively referred to as the Parties.
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A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted
on or before September 1, 2016, 2 PM, for the following:
FY 2016/2017 PAVEMENT REHABILITATION PROJECT, CIP NO. P13-02
in the City of Temple City, California ("Project').
B. At 2 PM on said date, in the Office of the City Clerk of CITY, the bids submitted
for the Project were opened.
C. At its regular meeting held on September 20, 2016, the City Council of CITY
accepted the bid of CONTRACTOR for the Project as being the lowest
responsible bid received and directed that a written contract be entered into with
CONTRACTOR.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, the parties do hereby agree as follows:
1. CONTRACT DOCUMENTS. This Agreement consists of the following
documents ("Contract Documents"), all of which are made a part of this Agreement:
(a) Notice Inviting Bids
(b) Instructions to Bidders
(c) Bid Form
(d) Bid Proposal and/or Contract Proposal, as accepted, including the
Certificate of Bidders' Experience and Qualifications and the List of Subcontractors
(e) Information Required by Bidder
(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
Q) Contractor's Certificate Regarding Workers' Compensation
(k) Security for payment (labor and materials)
(1) Security for performance
(m) Certificate(s) of Insurance
(n) General Conditions/Specifications
(o) Special Provisions
(p) Plans and Standard Drawings
(q) Prevailing Wage Scales
(r) Standard Specifications for Public Works Construction, including
subsequent addenda and supplements
(s) Change orders issued by the City and signed by the Contractor pertaining
to the Contract after the Contract is awarded to Contractor
(t) All addenda issued by the City with respect to the foregoing prior to the
opening of bids, including, Addenda Nos. _n/a
(u) Other documents (list here)
All applicable Standard Specifications and Plans
In the event there is a conflict between the terms of the Contract Documents, the more
specific or stringent provision shall govern.
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2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the
Project and to fulfill all other obligations as set forth in the Contract Documents
("Work"). Except as specifically provided in the Contract Documents, CONTRACTOR
must furnish all of the labor, materials, tools, equipment, services and transportation
necessary to perform all of the Work. CONTRACTOR must perform all of the Work in
strict accordance with the Contract Documents.
3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and
accept the total amount of Six Hundred Sixty-one Thousand Eight Hundred Fifty Dollars
($661,850.00), based upon those certain unit prices set forth in CONTRACTOR's Bid
Schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
this reference, as full compensation for the Work. Said compensation shall cover all
expenses, losses, damages, and consequences arising out of the nature of the Work
during its progress or prior to its acceptance, including those for well and faithfully
completing the Work in the manner and time specified in the Contract Documents, and
also including those arising form actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the Work, suspension or discontinuance
of the Work, and all other unknowns or risks of any description connected with the
Work. CITY shall retain five percent (5%) of the compensation until the provisions of
Section 14 herein have been met. CITY hereby agrees to pay CONTRACTOR at the
time, in the manner, and upon the conditions set forth in the CONTRACT
DOCUMENTS.
4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply
with all of the provisions of State and Federal law with respect to the employment of
unauthorized aliens, including without limitation the Federal Immigration and Nationality
Act (8 USCA 1101, et seq.), as amended. Should CONTRACTOR employ one or more
unauthorized aliens for the performance of the Work, and should the Federal
Government impose sanctions against the CITY for such use of unauthorized aliens,
CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
sanctions imposed, together with any and all costs, including attorney's fees, incurred
by the CITY in connection therewith.
5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents
and warrants that:
(a) It is not currently, and has not at any time within the past five (5) calendar
years been, suspended, debarred, or excluded from participating in, bidding on,
contracting for, or completing any project funded in whole or in part by program, grant
or loan funded by the federal government or the State of California; and
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(b) CONTRACTOR currently has, and for the past five (5) calendar years has
maintained in good standing, a valid California contractor's license; and
(c) CONTRACTOR is registered with the Department of Industrial Relations
to perform services on public works projects as required by Labor Code section 1725.5.
CONTRACTOR agrees to complete and execute any statement or certificate to this
effect as may be required by the City or by any federal or State of California program,
loan or grant utilized on this Project.
6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work
on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the
Director of Public Works of CITY, and shall complete work on the Project within Thirty
(30) working days after commencement.
7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, martial status, sex, age, or sexual orientation in the performance of this
Agreement, and shall comply with the provisions of the California Fair Employment and
Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government
Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all
amendments thereto; Executive Order 11246; and all administrative rules and
regulations issued pursuant to such acts and order.
8. LABOR CODE REQUIREMENTS.
(a) CONTRACTOR is aware of and agrees to abide by the provisions of
California Labor Code Sections 1720, et seq., as well as Sections 1771, 1773, 1773.1,
1773.6, 1773.7, 1774, 1775, 1776 and 1777, pertaining to the obligation to pay
prevailing wages with respect to the performance of work ("Prevailing Wage Laws').
Copies of the prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work for each craft are available upon request from the City. A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such
posting is not possible, a copy shall be posted at the business of the CONTRACTOR.
(b) CONTRACTOR acknowledges that under California Labor Code sections
1810 and following, eight hours of labor constitutes a legal day's work. CONTRACTOR
will forfeit as a penalty to City the sum of $25.00 for each worker employed in the
execution of this Agreement by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any
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one calendar day and 40 hours in any one calendar week in violation of the provisions
of Labor Code section 1810. (Labor Code § 1813.)
(c) CONTRACTOR must comply with Labor Code section 1771.1(a), which
provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is
registered with the Department of Industrial Relations as required by Labor Code
Section 1725.5, and that CONTRACTOR may award subcontracts for work that
qualifies as a "public work" only to subcontractors which are at the time of award
registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
CONTRACTOR must obtain proof of such registration from all such subcontractors.
(d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR,
must pay not less than the specified prevailing rate of per diem wages to all workers
employed in the execution of this Agreement. (Labor Code § 1774.) CONTRACTOR is
responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
(e) CONTRACTOR must comply with all provisions of Labor Code section
1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for
each worker employed in the execution of the Agreement by CONTRACTOR or any
subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between
the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
(f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor
from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less
than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted under §1777.5), must contribute to the fund
or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise
qualified employees as apprentices solely on the ground of sex, race, religion, creed,
national origin, ancestry or color. Only apprentices defined in Labor Code section 3077,
who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
(g) CONTRACTOR shall defend, indemnify and hold the CITY, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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9. PROJECT SITE CONDITIONS.
(a) CONTRACTOR shall, without disturbing the condition, notify CITY in
writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents
or employees have knowledge and reporting is possible, of the discovery of any of the
following conditions:
(i) The presence of any material that the CONTRACTOR believes is
hazardous waste, as defined in Section 25117 of the Health and Safety Code;
(ii) Subsurface or latent physical conditions at the site differing from
those indicated in the specifications; or,
(iii) Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as
inherent in work of this character provided for in this Agreement.
(b) Pending a determination by CITY of appropriate action to be taken,
CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person.
(c) CITY shall promptly investigate the reported conditions. If CITY, through
its Director of Public Works, or his or her designee, and in the exercise of its sole
discretion, determines that the conditions do materially differ, or do involve hazardous
waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time
required for, performance of any part of the Work, then CITY shall issue a change
order.
(d) In the event of a dispute between CITY and CONTRACTOR as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any part
of the Work, CONTRACTOR shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Agreement. CONTRACTOR
shall retain any and all rights which pertain to the resolution of disputes and protests
between the parties.
10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and
hold harmless the CITY, its elective and appointive boards, officers, agents and
employees, from all claims, loss, damage, injury and liability of every kind, nature and
description, directly or indirectly arising form the performance of the Work, regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, resulting directly or indirectly from the nature of the Work covered by this
Agreement, regardless of responsibility of negligence.
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(a) CITY does not, and shall not, waive any rights against CONTRACTOR
which it may have because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in this
Agreement.
(b) The indemnity provided by CONTRACTOR shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether
insurance policies are applicable to any of the damages or claims for damages.
(c) The provisions of this section do not apply to claims occurring as a result
of the City's sole negligence or willful acts or omissions.
(d) The provisions of this section will survive the expiration or earlier
termination of this Agreement.
11. BONDS. CONTRACTOR, before commencing the Work, shall furnish and file
with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one
hundred percent (100%) of the compensation amount stated in Section 3 of this
Agreement conditioned upon the faithful performance of this Agreement and a bond, or
bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of
the compensation amount stated in Section 3 of this Agreement conditioned upon the
payment of all labor and materials furnished in connection with this Agreement.
12. INSURANCE. CONTRACTOR shall not commence the Work until
CONTRACTOR has obtained all insurance required by the Contract Documents and
such insurance has been approved by CITY as to form, amount and carrier.
CONTRACTOR shall not allow any subcontractor to commence work on any
subcontract until all similar insurance required of the subcontractor have been obtained
and approved.
(a) Workers' Compensation. CONTRACTOR shall take out and maintain,
during the life of this Agreement, Worker's Compensation Insurance for all of
CONTRACTOR's employees employed at the Project site; and, if any work is sublet,
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees, unless such employees are
covered by the protection afforded by CONTRACTOR. If any class of employees
engaged in Work under this Agreement at the Project site is not protected under any
Workers' Compensation law, CONTRACTOR shall provide and shall cause each
subcontractor to provide adequate insurance for the protection of employees not
otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting
from failure of either CONTRACTOR or any subcontractor to take out or maintain such
insurance.
(b) Comprehensive General Liability, Products/Completed Operations
Hazard, Comprehensive Automobile Liability and Contractual General Liabilitv
Insurance. CONTRACTOR shall take out and maintain during the life of this
Agreement such comprehensive general liability, products/completed operations
hazard, comprehensive automobile liability and contractual general liability insurance as
shall protect CITY, its elective and appointive boards, officers, agents and employees,
CONTRACTOR, and any subcontractor performing work covered by this Agreement,
from claims for damage for personal injury, including death, as well as from claims for
property damage which may arise from CONTRACTOR's or any subcontractor's
operations under this Agreement, whether such operations be by CONTRACTOR or by
any subcontractor, or by anyone directly or indirectly employed by either
CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as
follows:
(i) Public Liability Insurance in an amount of not less than ONE
MILLION DOLLARS ($1,000,000);
(ii) Products/Completed Operations Hazard Insurance in an amount of
not less than ONE MILLION DOLLARS ($1,000,000);
(iii) Comprehensive Automobile Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1,000,000);
(iv) Contractual General Liability Insurance in an amount of not less
than ONE MILLION DOLLARS ($1,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO
MILLION DOLLARS ($2,000,000) shall be considered equivalent to the required
minimum limits set forth hereinabove.
(c) Proof of Insurance. The insurance required by this Agreement shall be
with insurers which are Best A rated, and California Admitted or better. CITY shall be
named as "additional insured" on all policies required hereunder, and CONTRACTOR
shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of
carriage of the insurance required, and adequate legal assurance that each carrier will
give CITY at least thirty (30) days' prior notice of the cancellation of any policy during
the effective period of this Agreement.
(d) Notice to Proceed. The CITY will not issue any notice authorizing
CONTRACTOR or any subcontractor to commence the Work under this Agreement
until CONTRACTOR has provided to the CITY the proof of insurance as required by
this Section 12.
13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and
extremely difficult to fix the actual damages to the CITY in the event the Project is not
commenced and/or completed on or before the dates specified for commencement and
completion of the Project in the Contract Documents. The parties have considered the
facts of a breach of this Agreement and have agreed that the liquidated damages sum
hereinafter set forth is reasonable as liquidated damages in the event of a breach, and
that said sum shall be presumed to be the amount of the damages sustained by the
CITY in the event such work is not begun and/or completed and accepted by the times
so specified in the Contract Documents. The sum of ONE THOUSAND DOLLARS
($1,000.00) shall be presumed to be the amount of damages suffered by the CITY for
each day's delay in the starting and/or completion and acceptance of the Project after
the dates specified in the Contract Documents for the start and/or completion thereof,
and CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS
($1,000.00) as liquidated damages for each day of delay in the starting and/or
completing and acceptance of said Project beyond the dates specified in the
CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be
done in accordance with that certain edition of the Standard Specification for Public
Works Construction currently in effect on the execution date of this Agreement.
CONTRACTOR
Paveme tings Co.
By
Doug President
Date: !I 22 12o I to
CITY OF TEMPLE CITY
By
Date:
14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of
same by the City Council of the CITY, the City Manager of the CITY shall cause to be
recorded a Notice of Completion with the office of the Los Angeles County Recorder;
and, after thirty-five (35) days from the date said Notice of Completion is recorded, the
Director of Finance of CITY shall release the funds retained pursuant to Section 3
hereof; provided there have been no mechanics' liens or stop notices filed against the
Work which have not been paid, withdrawn or eliminated as liens against said work.
15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must
comply with all applicable statutes, laws and regulations, including, but not limited to,
OSHA requirements and the Temple City Municipal Code. Contractor must, at
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work, and give all necessary notices and pay all fees and taxes required by law,
including, without limitation, any business license tax imposed by City.
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16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain
as to CITY a wholly independent contractor. Neither the CITY nor any of its officers,
employees, or agents will have control over the conduct of CONTRACTOR or any of
CONTRACTOR's officers, employees, agents or subcontractors, except as expressly
set forth in the Contract Documents. CONTRACTOR may not at any time or in any
manner represent that it or any of its officers, employees, agents, or subcontractors are
in any manner officers, employees, agents or subcontractors of CITY.
17. GENERAL PROVISIONS.
(a) Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute
this Agreement and to bind it to the performance of its obligations.
(b) Assignment. CONTRACTOR may not assign this Agreement without the
prior written consent of CITY, which consent may be withheld in the CITY's sole
discretion since the experience and qualifications of CONTRACTOR were material
considerations for this Agreement.
(c) Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
(d) Integrated Agreement. This Agreement, including the Contract
Documents, is the entire, complete, final and exclusive expression of the Parties with
respect to the Work to be performed under this Agreement and supersedes all other
agreements or understandings, whether oral or written, between CONTRACTOR and
CITY prior to the execution of this Agreement.
(e) Modification of Agreement. No amendment to or modification of this
Agreement will be valid unless made in writing and approved by CONTRACTOR and by
the City Council or City Manager of CITY, as applicable. The Parties agree that this
requirement for written modifications cannot be waived and that any attempted waiver
will be void.
(f) Counterparts and Facsimile Signatures. This Agreement may be
executed in several counterparts, each of which will be deemed an original, and all of
which, when taken together, constitute one and the same instrument. Amendments to
this Agreement will be considered executed when the signature of a party is delivered
by facsimile transmission. Such facsimile signature will have the same effect as an
original signature.
(g) Waiver. Waiver by any Party of any term, condition, or covenant of this
Agreement will not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach or
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violation of any provision of this Agreement. Acceptance by City of any Work
performed by CONTRACTOR will not constitute a waiver of any of the provisions of this
Agreement.
(h) Interpretation. This Agreement will be interpreted, construed and
governed according to the laws of the State of California. Each party has had the
opportunity to review this Agreement with legal counsel. The Agreement will be
construed simply, as a whole, and in accordance with its fair meaning. It will not be
interpreted strictly for or against either party.
(i) Severability. If any term, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement will not be affected and the
Agreement will be read and construed without the invalid, void or unenforceable
provision.
Q) Attorneys' Fees. The prevailing party in any action to resolve a dispute
concerning this Agreement shall be entitled to have and recover from the losing party
the reasonable attorneys' fees and costs of such action.
(k) Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court, venue will be in the Central District of California, in Los Angeles.
(1) Notices. All written notices required or permitted to be given under this
Agreement will be deemed made when received by the other Party at its respective
address as follows:
To CITY: City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: Bryan Cook, City Manager
(Tel.) 626-285-2171
(Fax) 626-285-8192
To Contractor: PAVEMENT COATINGS CO.
10240 San Sevaine Way
Jurupa Valley, CA 91752
Attention: Doug Ford, President
(Tel.) 714-826-3011
(Fax) 714-826-3129
Notice will be deemed effective on the date personally delivered or
transmitted by facsimile. If the notice is mailed, notice will be deemed
given three days after deposit of the same in the custody of the United
11
States Postal Service, postage prepaid, for first class delivery, or upon
delivery if using a major courier service with tracking capabilities.
Any Party may change its notice information by giving notice to the other
Party in compliance with this section.
IN WITNESS WHERF.OF, the parties hereto have caused this contract to be
executed on the _gday of U-.(, tJ2JLg=:!j 2016, by their respective officers
duly authorized in that behalf.
ATTEST:
04?X:Ja /"
Peggy Ku6, City Clerk
APPROVED AS O
Eric S. Vail, City Attorney
12
CITY OF TEMPLE CITY
A Municipal Corporation
Bryan Cook, City Manager
PAVE-MENT COATINGS CO.
a 'fornia Cor oration
Doug Ford, President/
Tom Mucenski Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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
Riverside
On September 27th, before me, Patricia J. Lewis, Notary Public
2016 Date Here Insert Name and Title of the Officer
personally appeared Doug Ford
Name(3) of Signer($)
who proved to me on the basis of satisfactory evidence to be the person(t) whose name(sl) is/efe
subscribed to the within instrument and acknowledged to me that he/sOe/thl y executed the same in
his/hkr/thkir authorized capacity(iels), and that by his/hkr/thibir signature(al) on the instrument the person(s),
or the entity upon behalf of which the person(lb) 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.
PATRICIA J. LEWIS WITNESS my hand and official seal.
Commission M 2026075
a` -i Notary Public - California i (}'\q
Z Riverside County Signature c /'
My Comm. Ex res Jun 21, 2017 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Public Work Contract Document Date:
Number of Pages: 1 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
X Corporate Officer — Title(s): President
Partner — f ' Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other
Signer Is Representing:
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02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item tt5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 Califomia
County of
Riverside
On September 27th, before me, Patricia J. Lewis, Notary Public
2016 Date Here Insert Name and Title of the Officer
personally appeared Tom Mucenski
Name() of Signer(4)
who proved to me on the basis of satisfactory evidence to be the person($) whose names) is/ate
subscribed to the within instrument and acknowledged to me that he/sk/thlay executed the same in
his/hkr/thbir authorized capacity(i4s), and that by hisfiilir/th¢ir signature(s) on the instrument the person(d),
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.
_ PATRICIA J. LEWIS WITNESS my hand and official seal.
Commission M 2026075
a -� Notary Public • California i J.
Z Riverside County Signature
M Comm. Expires Jun 21, 2017 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Public Work Contract Document Date:
Number of Pages: 1 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
X Corporate Officer — Title(s): Secretary
Partner — Limited i General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
rNhwr,
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "B"
SCOPE OF SERVICES
15
EXMIT "B"
PAYMENT
16
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII.
Service Provider shall provide the following scope and limits of insurance:
Minimum Scope of Insurance. Coverage shall be at least as broad
as:
(1) Commercial General Liabilitv. Insurance Services Office
form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and
endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers' Compensation. Workers' Compensation insurance
as required by the Labor Code of State of California covering all persons providing
Services on behalf of the Service Provider and all risks to such persons under this
Agreement.
(4) Professional Liabilitv. Professional liability insurance
appropriate to the Service Provider's profession. This coverage may be written on a
"claims made' basis, and must include coverage for contractual liability. The
professional liability insurance required by this Agreement must be endorsed to be
applicable to claims based upon, arising out of or related to Services performed under
this Agreement. The insurance must be maintained for at least three (3) consecutive
years following the completion of Service Provider's services or the termination of this
Agreement. During this additional three (3) year period, Service Provider shall annually
and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial General Liability. $1,000,000 general
aggregate for bodily injury, personal injury and property damage.
17
(2) Automobile. $1,000,000 per accident for bodily injury and
property damage. A combined single limit policy with aggregate limits in an amount of
not less than $2,000,000 shall be considered equivalent to the said required minimum
limits set forth above.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence.
(4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended, voided, cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by certified mail, return receipt requested, has been
given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
(2) Service Provider's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by
City, and its respective elected and appointed officers, officials, employees or
volunteers, shall apply in excess of, and not contribute with, Service Provider's
insurance.
(3) Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
)E3
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to
satisfy City that the insurance provisions of this contract have been complied with. The
City may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
19
Pavement
Coatings Co.
tztpr
September 27, 2016
Jillian Nunez
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Pavement Coatings Company
10240 San Sevaine Way,
Jurupa Valley, CA 91752
Phone 714-826-3011
Fax 714-826-3129
PROJECT NAME: FY 2016-17 Pavement Rehabilitation Project (CIP No. P13-02)
Enclosed please find 2 original Pavement Coatings Company's endorsed agreement for your
review. Please return a copy of the fully executed agreement at your earliest convenience.
Also enclosed are the Payment, Performance and Maintenance bonds and certificate of
insurance.
As always, please do not hesitate to contact us if you should have any questions.
We thank you for this opportunity to work with you.
Sincerely,
Melissa Ailshie
Contract Administrator
Main: 951-682-1091
Direct: 951-934-4719
Email: MAilshie@pavementrecycling.com
Enclosures
Liberty
Mutual.
SURETY
WHEREAS, the City of
Pavement Coatinas Co.
Bond No. 024067745
Premium incl. in Pertormance Dond
BOND FOR MATERIAL AND LABOR
designated as "Obligee" ), and
(hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 20, 2016 and
identified as project FY 2016/2017 PAVEMENT REHABILITATION PROJECT, CIP NO. P13-02
referred to and made a part hereof, and
WHEREAS, Under the terms of said agreement, prin
and sufficient payment bond with the City of Temple City
to secure the claims to
of Division 4 of the Civil Code of the State of California.
is required before entering upon the performance of the work, to file a good
is made in Title 1 (commencing with Section 8000) of Part 6
NOW, THEREFORE, said principal and the undersigned as corporate surety, are held and firmly bound unto the obligee
and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Code of Civil Procedure in the sum of Six Hundred Sixty-one Thousand Eight Hundred Fifty Dollars And
Zero Cents dollars ( $661,850.00 ),
for materials furnished of labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or
labor, that said surety will pay the sum in an amount not exceeding the amount hereinabove set forth.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title I (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
In witness whereof, this instrument has been duly executed by principal and surety above named, on 26
day of September , 2016
Pavement Coatings Co.
10240 San Sevaine Way, Jurupa Valley, CA 91752
Dowi Principal
LMS -1220602/96
The Ohio Casualty Insurance Company
625 Maple Avenue, Keene, NH 003431
-1 9- �' ( I$,-
Richard L. Wells (Attorney—in—Fact) Surety
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,. and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7291014
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Frank Monomers- Lynn A Slone; Richard L Wells
all of the city of BREA state of CA each individually if there be more then one named, its true and lawful atton ay -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9m day of June 2016
UR \NsuR American Fire and Casualty Company
RHre WQ °'N G The Ohio Casualty Insurance Company
2 , 1991 $ Liberty Mutual Insurance Company
(0(0(0(0
z s < West rican Insurance Company
STATE OF PENNSYLVANIA ss David M. Care . Assistant Secretary
COUNTY OF MONTGOMERY
d W On this Stn day of dune 2016before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
O m Casualty Company, Liberty Mutual Insurance Company, The Ohio Casually Insurance Company, end West American Insurance Company, and that he, as such, being authorized so to do,
p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
d > IN WITNESS WHEREOF, I have hereunto subscribedm name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
�
N A g0, PAST COMMONWEALTH OF PENNSYLVANIA tc�
.0 1, o?yoN Ir Notarial Seal
Teresa Fastens. Notary y County By:
C ` or Prymoulfi Twp- Montgomery County Teresa Pastella, Notary Public
My Commission Expires Merck 28. 2017
N SF—`f' Member, PennsyWma Acwaa ion or NOUnee
Fry
Cm This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
a) Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
to4) ARTICLE IV- OFFICERS - Section 12. Power of Ahomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Charman or the President may prescribe, shall appoint such attorneys -in -fact, as my be necessary to ad in behalf of the Corporation to make, execute, seal.
O e acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surety obligations. Such ahomeys-in-fact, subject to the limitations set forth in their respective
E ai powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
p m executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under
Tthe provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority,
.cc C ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
> d and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute.
0useal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely
obligations.
Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said
Companies, 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 26 day of September , 20 16
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m? o� pa� y 'Gregory W. Davenport, Assistant Secretary
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qN9: n armee-•<w<�S etas a.ta.<.i.<e a.<.a.:.m:.nt n s
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 Orange )
On _September 2� 2Q1Q before me,
Date
personally appeared
A. Slone, Notary Public
Here Insert Name and Title of the Officer
Richard L. Wells
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(% whose name(,9p is/ars
subscribed to the within instrument and acknowledged to me that he/ehe4hey executed the same in
his+erftheir authorized capacity(ies), and that by his/trerRherr signature(% on the instrument the person(g),
or the entity upon behalf of which the person(iQ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
LYNN A. SLONE s true and correct.
Notary Public' California WITNESS m4hand official seal.
Orange County
Commission N 2134740wwwwMComm. Es Tres Dec 16, 2019 SignatureU(
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above: ___
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _
J Corporate Officer — Title(s):
Partner — .- Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s).
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 115907
1�
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verities 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
Riverside
On September 27th, before me, Patricia J. Lewis, Notary Public
2016 Date Here Insert Name and Title of the Officer
personally appeared Doug Ford
Name(g) of Signer(9)
who proved to me on the basis of satisfactory evidence to be the person(t) whose name(i) is/ate
subscribed to the within instrument and acknowledged to me that he/she/thby executed the same in
his/hbr/t*r authorized capacity(i&s), and that by his/h6r/th6ir signature(s) on the instrument the persons),
or the entity upon behalf of which the person(f;) acted, executed the instrument.
PATRICIA J. LENS
Commission N 2026075 =
ia
Notary Public - California
Riverside County
My Comm. Expires Jun 21, 2017+
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. �� 7�
Signature �Q iL�—� j -T _ -
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Material and Labor Bond Document Date: 09-26-2016
Number of Pages: 1 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
X Corporate Officer — Title(s): President
Partner — -: Limited General
Individual Attomey in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing
Signer's Name:
Corporate Officer — Title(s):
Partner —
Limited General
Individual
Attorney in Fact
Trustee
Guardian or Conservator
Other
Signer Is Representing:
�srzamx.�c
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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utuerty
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M.
SURETY
CONTRACT BOND - CALIFORNIA Bond 024067745
FAITHFUL PERFORMANCE - Initial premium charged for this bond is
PUBLIC WORK
$3,477.00 subject to
adjustment upon completion of contract
at applicable rate on final contract price.
KNOW ALL BY THESE PRESENTS, That Pavement Coatings Co.
of Junrpa Valley, CA as Principal,
and the The Ohio Casualty Insurance Company a corporation organized and existing
under the laws of the State of New Hampshire and authorized to transact surety business in the State of California, as
Surety, are held and finely bound unto The City of Temple City
in the sum of Six Hundred Sixty-one Thousand Eight Hundred Fifty Dollars And Zero Cents
Dollars ( $661,850.00 ),
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a
Contract, dated September 20 _,2016 with the The City of Temple City
to do and perform the following work, to -wit:
FY 2016/2017 PAVEMENT REHABILITATION PROJECT, CIP NO. P13-02
NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of
substantial completion of the work to be performed under the Contract.
Signed and sealed this 26 day of September 2016
Pavement Coatings Co.
Principal
vtY INS&
yJPooa.roe4r Z " y
Or
1919 n
1 W O
The Ohio Casual France C pan
By
Richard L. Wells Attomey-in-Fact
LMS -1081510/99
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attomey limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7381030
American Fire and Casually Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Frank Morons; Lynn A. Slone; Richard L. Wells
all of the city of BREA , state of CA each individually if there be more than one named, its true and lawful atomeyin-tact to make, execute, seal, acknowledge
and defiver, for and on its behalf as surety and as its act and deed, any and all undertakings, bands, recognizances and other surety obligations, in pursuance of trese presents and shall
be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Pourer of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th dayof June 2016
epND CASp9! yJp�tV INSpg9i Jp��SUq,H aUpN lN5oq,1,t,G
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STATE
STATE OF PENNSYLVANIA as
COUNTY OF MONTGOMERY
American Fire and Casualty Company I v
The Ohio Casualty Insurance Company
0
Liberty Mutual Insurance Company
c
Westerican Insurance Company
•y
By:
7
David M. Care , Assistant Secretary
T
c
On this Stn day of June 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute 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 have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above
/written.
Sp pgST COMMONWEALTHPENNSYLVANIA
Notarial
Seal /.
hP4•Meawelr= v Teresa Paslella. Notary Public By;
or Plymouth Twp-. Montgomery County Teresa Pastella, Notary Public
My Commission Expres March 28. 2017
Member. Penmyt.na gssooation al Notaries
This PowerofAttomey is made and executed pursuant tow by authority of the following By-laws and Authorizations ofAmerican Fire and Casually Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE N- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behat of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers; granting such power or authority.
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president.
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-tact, as may be necessary to act in behalf of the Company to make, execute.
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognaances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atomeys-in-
fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company s Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed,
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and coned copy of the Power of Attomey executed by said
Companies, 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 26 day of September , 20 16
0(0(0(0
Gregory W. Assistant S
ecretary
LMS_12873_122013
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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 Orange — )
On ._._September 26, 2016 before me,
Date
personally appeared
A. Slone, Notary Public
Here Insert Name and Title of the Officer
Richard L. Wells
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(% whose name(V is/are
subscribed to the within instrument and acknowledged to me that he/sheftlaey executed the same in
hisfher!theii authorized capacity(ies), and that by his/her/thetr signature(% on the instrument the person(g),
or the entity upon behalf of which the person(b) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
LYNN A. SLONE of the State of California that the foregoing paragraph
Notary Public • California is true and correct.
Orange County
Commission 12134740 WITNESS my hand an official seal.
M Comm. E► fns Dec 16, 20191
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(es) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — _ Limited I General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name: _
Corporate Officer — Title(s):
Partner — Limited i General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
f- 1�,Nrq
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
�LCs,C..,C., r...<:..ressscn�:rtsrs,Lisscc{sdssr�s.�a^,�swscxcc r�r.-c�-ras.Gr _. .ce�ces�rzccc.�c�
r
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
Riverside
On September 27th, before me, Patricia J. Lewis, Notary Public
2016 Date Here Insert Name and Title of the Officer
personally appeared Doug Ford
Names) of Signer(9)
who proved to me on the basis of satisfactory evidence to be the person(j) whose name($) is/ate
subscribed to the within instrument and acknowledged to me that he/she/thiy executed the same in
his/hkr/thibir authorized capacity(iOs), and that by his/h6r/th6ir signature(s) on the instrument the person(d ),
or the entity upon behalf of which the person(t) acted, executed the instrument.
PATRICIA J. LEWIS
Commission • 2026075
Z -: Notary Public - California i
Z Riverside County
M Comm. Ex fres Jun 21, 2017+
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my
hand and official seal.
Signature 1 �. _ J—_ \7
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond Document Date: 09-26-2016
Number of Pages: 1 Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
X Corporate Officer — Title(s): President
Partner — C Umited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
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02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907