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CONTRACT 4596 CLOSED Agreement No. 4596 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND ADDSCAPE,INC. 2013-2014 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE IMPROVEMENTS PROJECT PROJECT NO. PW 13-22 This CONTRACT is entered into this 7th day of May, 2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and ADDSCAPE, INC., a [California corporation, sole proprietorship, LLC, etc.] ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda;Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Forty Three Thousand, Seven Hundred Eighty Dollars and Zero Cents ($43,780.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I-D-1 Agreement No. 4596 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Twenty-five (25) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired,but will deliver all original materials to the City upon the City's written notice. I-D-2 Agreement No. 4596 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3)years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Chy The Contractor Stephanie Katsouleas Byeong Seong Lee Public Works Director President City of El Segundo Addscape, Inc. 350 Main Street, 11723 S. Western Ave., El Segundo, CA 90245 Los Angeles, CA 90047 (310) 524-2356 (323)242-0049 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. I-D-3 Agreement No. 4596 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents,precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 4596 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY,19,F Ol. 'ND a GrC ore city a er ATTEST: a aa. " Taxpayer ID No. e4 Tr w y Wey r, 91Y Clete Contractor State License No.: J-M Contractor City Business License No.: APPROVED AS MARK D. Y1 E fior ey By: .�� L Karl H. Berger, Assistant City tl`�Mey Insurance Reviewed by: I-D-5 Agreement No. 4596 Premium subject to adjustment based on final contract price FAITHFUL PERFORMANCE BOND 2013-2014 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE IMPROVEMENTS PROJECT PROJECT NO. PW 13-22 Bond No. 024055735 Bond Fee: $1 , 313 Addscave, Inc. ("PRINCIPAL") and The Ohio Casualty Insurance Company , a corporation incorporated under the laws of the State of 0h i o and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO("CITY") in the sum of Forty Three Thousand, Seven Hundred EiLyhty Dollars and Zero Cents($43,780.00), which is a minimum one hundred percent(100%)of the contract amount, lawful money of the United States,which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves,their successors,and assigns,jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 13-22, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof,to the satisfaction of any damages,reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO.PW 13-22,a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed,CITY may, at its sole discretion,cause all required work to be done and.the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor,or materials I-E-1 Agreement No. 4596 Bond No . 024055735 on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code("ESMC"). 5. SURETY,for value received,agrees that no changes,extensions of time,alteration or modification of SPECIFICATIONS NO.PW 13-22 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument;the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B., A certificate issued by the county clerk for the county in which SURETY'S representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY'S certificate of authority has not been surrendered,revoked,cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed,PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I-E-2 Agreement No. 4596 Bond No . 02405 735 SIGNED AND SEALED this.8 t h day of ma y 2014 DD A — ASCPE, I THE 01-110 C7ALTYINSURANCE COMPANY PRI PAL's RESIDENT Blake A Pfister , Attorney–in–fact I'—RIN 1 f5A L's SE CR—E-FA R Y PRINCIEPAL's MAIMING ADDRESS: SURETY'S MAILING ADDRESS: Addscape, Inc . The Ohio Casualty Insurance Company 11723 S Western Avenue 62 Maple Avenue Los Angeles , CA 900747 Keener NH 03431 NOTE: (1) ALL signatures must be acknowledged by a notary public. Retijrn one(1)original to Cily Clerk's Office, (2) Bond shall be effective for one(1)year after acceptance of the job. I-E-3 Agreement No. 4596 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r���: �„�'"rrbC�%���.ti`�:,�`:`�,t^C"a,�^;�;•at-.w."�� sv"�; s ,�w»f".�C:�,�.a ?�',��c,M.,s,^��w,.��»K'ra;K*�.t"�.�.w�"�:a"e:✓'^�,:,�;+t"F.,�,,,C":�,:�.is��.,<� .�'�f�:+,^.� '?���.c ,;u�s:�.�xt��: a State of California County of n 9 e t� Ora ...� ... ........ 2014 Lianne Nahina , Notary Public On May.....8..,Date,...... ....- before me, ,�„ �..,„......... Hawoq Irtseet Name and.Title...of the Officer�..........�..�r �I personally appeared .. _. _ _.—. vanes$>ets��.....5�......_.�........ Blake A. Pfister �d who proved to me on the basis of satisfactory evidence to be the person(p) whose name(s) is/qtr subscribed to the within instrument and acknowledged to me that he/aaniiIiihW executed the same in his/ authorized capacity(0ow), and that by •, ��ouo�uWt � �,r�,,,� �y,v� a� �h^ i/il N'Si' f � n i� A, his/ signature(s) on the instrument the tpt r� �r t�uWv °iP'f1 i/� iNli �f'5 !y t %;r, , person*, or the entity upon behalf of which the ° �dr r � �l �p,tf�fi4fuiNlt�fl.ai{` Al JlUwllfh P erson acted, executed the instrument. du <,YnZ, ° rlil'hr rlr I i 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. 9 .rv.. OPTIONAL " Notary Public i nature � la Place Notary Sea!Ahovc Signature � U� of Notary ..... Though the information below is not required by law, it may prove valuable to persons relying on the document ( and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document May _ _ 735 Type Ma 8 , 20140 _024055 Dlolcument Date Document: Bond N Number of...... .md.—.._.. _ ........... ._. _3 Signer(s) Other Than Named Above: µNone —......_... ... m a acct y(ies) Claimed by i her s Signer's Name: BI a k E A .._ P f i s t e r ... .. Signer's Name. ❑ Corporate Officer — Titles : Corporate Officer — Titles : _. _.w Individual ❑ Individual Partner —❑Limited ❑General Toga of thumb here ❑ Partner — ❑ Limited - General Top Of tht,mb here f � Attorney in Fact El Attorney in Fact Trustee ❑Trustee Guardian or Conservator ❑Guardian or Conservator Other: -Other: Signer Representing: o S�.!g_h..e r Is Representing I ' Cot an y �: C a s u a.h t y Insurance P....... ��r,,.aN"k�^'�"a,� n• �r, ^a rw,�w�m�� �� �r �°w � ,�amp�.a a �' � �„,+�,t" CJ 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-600-676-6627) (torn#5907 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 _6 M(iQtx .QhA5Wed. Certificate No.6379660 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company APOWER OF ATTORNE'7Y� KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire�&Ah wrtgany and The�No Casually 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, Blake A.Pfister all of the city of DANA POINT state of CA each individually if there be more than one named,Its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety 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 loth day of December 20114 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company U h p11 M STATE OF PENNSYLVANIA ss David M.CareKAssistant Secretary +. COUNTY OF MONTGOMERY tot � On this loth day of December , 2013� before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire v wa) and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W 0.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C r > IN WITNESS WHEREOF,I have hereunto subscfted my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. }LO, CL /h�LC�l�u.r lc/ � to N By �/ O O Teresa Pastella,Notary Public d C ai O o 4; a C M This Power of Attorney is made and executed put cant ftt and toy aI thority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance .00 tM N Company,Liberty Mutual Insurance Company,and;ti s)Amedcagi Insurance Company which resolutions are now in full force and effect reading as follows: �C5 m L ARTICLE IV—OFFICERS—Section 12.Power of Attorney,Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President,and subject O C *; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, > O S 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 3 E y 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 0 p 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 undeir > 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. _ M 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, E ao > and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, -Cl) O 3 seal,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 v O o Z 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 op executed such instruments shall be as binding as if signed by the president and attested by the secretary. G m 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,seal,acknowledge and deliver as surety 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 attomey 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,true 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 8 t h day of May 2014 , r' r By:. n Gregory W.Davenport,Assistant Secretary 250 of 500 LMS 12573 122013 Agreement No. 4596 LABOR AND MATERIALS BOND 2013-2014 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE IMPROVEMENTS PROJECT PROJECT NO. 13-22 Bond No.024055735 BondFee:Included in the Performance Bond Addsca a Inc. as principal ("PRINCIPAL") and The Ohio Casualty Insurance Company a corporation incorporated under the laws of the State of Ohio and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of Forty Three Thousand Seven Hundred Eighty Dollars and;hero Cents $43,780.00),which is a minimum one hundred percent(100%)of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors,and persons renting equipment;payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials,provisions,provender,or other supplies,and equipment used in, upon,for or about the performance of the work contemplated in 2013-2014 CURB,GUTTER, SIDEWALK, AND OTHER CONCRETE IMPROVEMENTS PROJECT, SPECIFICATIONS NO.PW 13-22("Public Project"),the public works contract executed for such Public Project,and for all work or labor of any kind performed forthe Public Project.In the case of any default in the performance of the conditions and stipulations ofthis undertaking,it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 13-22, and the public works contract executed for such Specifications,copies of which is on file with CITY's Engineering Division("Public Project"). Such performance will be in accordance with CITY's plans and profiles,which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. I-F-1 Agreement No. 4596 Bond No . 024055735 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies,for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the E1 Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 13-22, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered,revoked,cancelled,annulled,or suspended,or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I-F-2 Agreement No. 4596 Eon. No. 0240 x5'735 SIGNED AND SEALED this 8 t h day of May p 14 AU �'CAP''E , IN THE OHIO CASUALTY" INSURANCE COMPANY � 1NL` I'AL'sP LRE"I"AR Blake A P aster , r „ � 'ttorneyan�-fact. ,. . I'EINCIPAL's SE PI CNG'IPAL's MAILING ADDRFSS: SURE TY's MAILING ADDUSS: Addscspe , Inc . The Ohio Casualty Insurance Company 11723 S Western Avenue 6,2 Ms le AVense Los Angeles , CA. 90047 Keene , NH 03431 NOTE: 1) ALI;signatures MUSt be acknowledged ley a notary public. I etL'm one (1)original to City Clerk's Office, 2) Bond shall be effective for one(1) year alder acceptance of"the jo . Agreement No. 4596 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 f .,���.f^?,t"`.w�+.M ti.°J',*o-�w:+E„`c'�.,4...n.'^`4 r"ti".<,.�`�+r�",,:5 v...M,,.4`.+�".'+5:4;".:4.."w.i'?,,:-'�'.�i n,'S"�'.'"f„":a.�w:i..v„�,C'�'ti,^'N'„"C,S"„t".65"�,"%d,4.�4'',d.4;*�".fi�t,�."M"�..'rC`S.¢,✓"+;:�.K"ai„M�7w�n;C`�"4°'”:c:`.,&^"r?.'�' ".:C:'1�:R"�`"C ."G�,a�'�.!':G�r'i,�".. 4� State of California r t Y _u County of Orange ) 'i Li nne Nahinar Notary Public On May� 8oa1e°201,4 before me, ) C.; Here Insert Name and Title of the Officer personally appeared ter Blake A . Pfister _�� .m...... _ „� .....�. Name(s)of Signer(s) i n , who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/a subscribed to the within instrument and acknowledged "' l..11t0'iMuRi 1°��� b 449� to me that he/simmihiiii executed the same in t� t "�1)fr21'3ru1 his/I authorized capacity(�ive9, and that by his/ham*Wvir signature( s) on the instrument the i person( or t e entity upon behalf of which the �If1�1�1P',fP'>rfi , person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature- .. ' OPTIONAL Notary� ry g of Nola Public w Though the information below is not required by law, it may prove valuable to persons relying on the document « d and could prevent fraudulent removal and reattachment of this form to another document. r� Description of Attached Document Bond No . 024055735 Title or Type of Document: _8,'.. 2014 ...... � Yv'n�......... .�_..�. Number of Pages: 3 .._ .... N U..,.. Document Date: Signer(s) Other Than Named Above...None Capacity(ies) Claimed by Signer(s) Signer's Blake A . Pfister i 9 — _ Signer's Name: div at [I Individual iidual Officer — Title(s)', —_ — -- Corporate Officer- Title(s)- Individual n�.......... — . w e • ° Partner — ❑Limited ❑General Top of thumb hers ❑ Partner — ❑ Limited - General Top of thumb here [A Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trusteea r Guardian or'Conservator n,Guardian or Conservator C Other -- .-..--- --- - Other: . ........... -.... ... ; Signer Is RepresentingThe Oh 6 Signer Is Representing: Casualty Insurance Co pany ©2010 National Notary Association•National Notary,org•1-800-US NOTARY(1-800-876-6827) Item#5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNO. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the n f.QPA W&,"ef9sQfi9d. Certificate No.6379651 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Attached to 024055735 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,.„Blake A. Pfister _........_ all ofthe city of DANA POINT state of CA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety 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 loth day of December 2012 American Fire and Casualty Company The Ohio Casualty Insurance Company N iy Liberty Mutual Insurance Company d West merican Insurance Company c STATE OF PENNSYLVANIA ss David M.Carey; ssistant Secretary to L COUNTY OF MONTGOMERY _ c tiOn this loth day of December 2013, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire R O 7 and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such, being authorized so to do, O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. EE r> IN WITNESS WHEREOF,I have hereunto subscribed my drama and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written, �O 5 O By: pTeresa Pastella,Notary Public y O � IL c M This Power of Attorney is made and aaulad"puyanl tdh €xwtttaarity of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w p as+, Company,Liberty Mutual Insurance Company,and, st Al ttcen Insurance Company which resolutions are now in full force and effect reading as follows; r a+� rc i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President,and subject Or— 4; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, > O= 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 -0 3 E 4i 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 .ro a> p 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 > .0 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. t� �r N cc 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, E C? and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M 0 seal,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 C 00 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 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co 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 altorrieys4n- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety 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 correct 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 this8 t h day of May _ 2014 r. Gr eg o ry W.Davenport,,Assistant Secretary y T 1 Frt 249 of 500 LMS 12873 122013 STATE OF CALIFORNIA Ag reem ent No. 4596 DEPARTMENT OF INSURANCE ® 08606 SAN FRANCISCO Certificate of Authority THIS Is To CERTIFY MAT Pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of Ohio , organized under the laws of Ohio subject to its Articles of Incorporation or otherfindamental organizational documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate, the following classes of insurance: Surety and Liability as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lavLful requirements made under authority of the laws of the State of Califbmia as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF,effective as of the..__17th clay November 2008 I have hereunto set my hand and caused mY official seat to be affiixed this 7 day of Novemb-pr— —211008 Steve Poizne-t:- 13y erl SUSP1n .11 Stapp for m Richardson jorAr, f,.�Ti'ef Deputy NOTICE: Qualification with the Secretary of Mate traist be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of insurance Code Sect-ion 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and tile conditions contained herein. VORM(11-3 M'P U0 39391 Agreement No. 4596 6d i pl C. to County did dthe dui d�`^qqt r� rp ,;�d p I p State ofC"a form ,in and for said cowty la �, t y i� n4 � Cpl Itla.pyr�u� surety frisucc 1,, Ine alifonja ° `� flVl"�slnill' ±M 6rYduVl ,f' Yul 'rPV�"li +r^ ouy w,fp 4 " �:"i��r fl.�: �I1,•�7 1t'Se h cM Me,recm!°s snoVfli!°O in the Depart9 entof i nnuipppp i1111rfu9l[rY�l s��ut dears surrarada�rado revoked,canceled, arurluid�u d11 �G� � a,ml':l �w In res-wi oa g1j)VI v, 1 48VO hWeL11RO set my hand and affixed the al said Wulay upr . V COUNTY CLERK BY �� ..,