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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. 14�1dII_lw9 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. 2 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 3 (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 13 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. 5 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. 11 (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. 6 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 10 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: ^u;euc�uwa^v��rcra..:e�ew�c-v c.,,zu�c�zcc�cr�as;ewa 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 0(0(0(0 M�\NSURqNNINSUgqn 19121991 Eg1r: m? o� pa� y 'Gregory W. Davenport, Assistant Secretary a;� 4n4� y23 e • f 159 of 250 LMS_12873_122013 N d c w 7 C O all O� m'lli =E xo Q C.) O� C A OE L re 0 O L O O C rot amt 10 a d/ a ♦tot N C-4 wM C to U 0 H CALIFORNIA ALL-PURPOSE• • CODE :4 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� -------------- WCj,'.! A WIYJ Ofpl OPP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��esrs:f.r-car.,r.r,�rcxcrrsnc,�r,�r.�x.,sdrss�.-r•-o.� - - —-„rr.�rcr.,cc�crr.�-c�r.�ca 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 . _ Lib utuerty al 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 � sw G W a s 1906 O O 1919 n F 1912 s � 1991 3 Y 3 i g c W b�lYr, MA r�aD O`1`/y A•Nr4Vsw �aL J�)+ CM)5 r= �/ Y f f • � k • 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 169 of 250 C O U � dW d cE 0a Q M 0 v 3c of am 0 O L O O C �d 'i7 WC) N E p9 N wM C O 00 U r 0 H� 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: sszvs:<,zr.e.�^¢cr,�tc�^uc�u�c^rawau^cs. • secs 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907