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CONTRACT 4597 CLOSED Agreement No. 4597 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND ADDSCAPE, INC. ADA RAMP INSTALLATION PROJECT PROJECT NO.: PW 13-14 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG PROJECT NO.: 601608-13 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 Thirty Eight Thousand, Five Hundred Dollars and Zero Cents ($38,500.00) 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- Agreement No. 4597 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: 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. 4597 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 parry at its respective name and address as follows: The City 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. 4597 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. 4597 IN WITNESS WHEREOF the parties hereto have ex omit ed this contract the day, and year first hereinabove written, CITY19P EL UNDO Greg ?'Pont ep/ City Manager ATTES'"I' Taxpayer ID No. 8�7 Tracy eav , City lerk Contractor State License No.: Contractor City Business License No.: APPROVT.�D AS,TO FORM: I , MARK D. 1-1 N,S,l,w A I Attorney By: Kftrl 1-1. Berg Assistant pity Attorney Insurance Reviewed by: I-D-5 .......... Premium subject to adjustment based on final cont p� jW. 4597 FAITHFUL PERFORMANCE BOND ADA RAMP INSTALLATION PROJECT PROJECT NO.: PW 13-14 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROJECT NO.: 601608-13 BondNo.024055734 Bond Fee: $1 , 155 Addscane, Inc. ("PRINCIPAL") and The Ohio Casualty Insurance Company acorporation incorporated under the laws of the State of Oh 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 Thirty Eight Thousand, Five Hundred Dollars and Zero Cents ($38,500.00), 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 13-14, 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 13-14,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. U I-E-1 Agreement No. 4597 m a Certificatq pursuant to 995.60(8)Code of Civil Procedure Ot i-OGAN _.,,county Clerk fi t California,i an for i Of �..„ a �qx� a. 4 DO Y CERTIFYTHAT Cc„ o has a "0 4 t�re �rl� �67 uro'tt trtrrw� Iurunoo in tla State �;alq�s�nab�.������a�r��7����� uu��� � r9� ro�r ¢� I la y„o: Intiw rl Ilave here unto t ray hand one I'fi I the I Of said C ou"EY WI COUNTY CLERK Deputy oun BY; xi SPI, M Agreement No. 4597 Bond No . 024055734 3. PRINCIPAL will guarantee its work against any defective work,labor,or materials 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(`SSMC"). 5. SURETY,for value received,agrees that no changes,extensions of time,alteration or modification of SPECIFICATIONS NO.PW 13-14 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. 4597 Bond No6024055734 SIGNED AND SEALED this 8th day of may , 2014 ADDSCAPE, Ijc. THE OHIO CASUALTY 'NSURANCE COMPANY PRINCIPAL's PRESIDENT Blake A Pfister , Attorney-in-fact PRIN IPAL's SECRETAR'� PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: Addscape , Inc. The Ohio Casualty Insurance Company 11723 S Western Avenue 62 Maple Avenue Los, Angeles , CA 90047 Keene , 91-1�03431 NOTE: (`1) _AU,signatures must be acknowledged by a notary public, Return one(1)original to City Clerk's Off ice. (2) Bond shall be effective for one(1)year after acceptance of thejob. I-E-3 Agreement No. 4597 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :CY"< State of California Count i< Orange County of OMa 8 , _2. 014 Lianne Nahina , Notary ublic n M..ay before me, Here Insert Name ...,...y W ; � Dale and Title of me trrCtaar Blake A. Pfister personally appearedi .............. .....�.. �e. . ..............._. .... .. _....._. .....� Name(s)of Signer(s) ..�.._....._......�,�_ -_.��...�.�.. x I who proved to me on the basis of satisfactory evidence to be the personO whose names) is/aw M subscribed to the within instrument and acknowledged to me that he/sioWlIll executed the same in f,,,A 11'114 his/I v*bhPl K authorized capacity(6W, and that by 3 N�°tl�� i 'f9 fa� la�i i his/ signature(s) on the instrument the �r'. "� t t�k per or the entity upon behalf of which the fi ���, � fl,lRa.l f r�d�l�Bl c f iYI,4 E)t 6a iii 5 20 1 re person(! acted, executed the instrument. ) ,rd;�.o�1lur�o � ,ry,:,,,q?i r ,�0 �11,R'°w".r�4w �r�✓ iiG'®.'�7���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. Signatur l Place Notary Seal Above Signature of Notary Public yg OPTIONAL 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, r; Description of Attached Document Type May 8 , 20.1.4..m.024055734 _. —... ..._ ....._..— 3 A..... _ 34__..... —Number of Pa es• ...... Diolcument DateDocume�nt Bond No 0240 7 g Si g ner(s) Other Than Named Above: _None - _... Capacity(ies) Claimed by Signer(s) g Blake A ....... Pfister ia,t.e..r _ .... .... Signer's _.__..�.: .. Signer's Officer — Title(s):_ Corporate Officer —Title(s),� _ t + - Individual W#° ❑ Individual Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited = General Top of thumb here IM Attorney in Fact ❑Attorney in Fact , ❑ Trustee ❑Trustee Guardian or Conservator _n, Guardian or Conservator ... ) Other: Other: gSigner Is Representin ; Signer Casualty Insurance Ohio Is Representing " �^4�.;tw e;.y�'„;w�,x�,,�w;ys'..,.^�'G-�,�su'"".: +.�, w;�,„,�s�,v.�.,��-^c,�"',,,,M�,,.�,w^u-�',v�C�.���'4:�'t�'v"»„�'w'���.�,.`*�r��':�'s '�-�,Y'..�,,.��t ,""s.�"�..u^¢�«";�".°,�»� '�.;"�.-,,e�t ,^e-�, .�,✓,���.w, ©2010 National Notary Association•NahonalNotary.org•1-600-US NOTARY(1-800-876-6827) Item#5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNQ. T;iis Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the 5 @UJ0@he4u5Q7tted. Certificate No.6379657 American Fire and Casualty Company Liberty Mutual Insurance Company -. ._ The Ohio Casualty Insurance Company West American Insurance Company POWER OF AToTO�1� X� Attached to 2 34 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 underthe 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 i oth day of_December 2n1 s American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company d WesrBruoan Insurance Company aUi a) By: 'Ce, w a STATE OF PENNSYLVANIA ss David M.Carey;Assistant Secretary COUNTY OF MONTGOMERY = Z_ On this 10th day of, December 2013 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire v F- 3 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, AW O� execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i r> IN WITNESS WHEREOF,I have hereunto subscn d m name and affixed my notarial seal aq Plymouth feting,Pemisytvaaia,on the day and year first above written. O Q ✓ '. � rp M C'y By; O O a) Teresa Pastella„Notary Public o � � E C This Power of Attorney is made and executed pursuMiflo atil, hodtyofthe following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N p Company,Liberty Mutual Insurance Company, nd West umrlfeari Insurance Company which resolutions are now in full force and effect reading as follows: w to ARTICLE IV-OFFICERS-Section 12.Power ofAttorney.Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman orthe President,and subject O a r_42 L. 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, r d 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 -2 3 E d attorney,of attoey,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 �a ,O 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 >C ,O A 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 All-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, 4,00 > ` 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, L 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 =a? 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 v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0, 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- ~r 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 this 8 t h day of__May 2014 By: Gregory W.Davenport,Assistant Secretary 247 of 500 LMS 12873 122013 Agreement No. 4597 LABOR AND MATERIALS BOND ADA RAMP INSTALLATION PROJECT PROJECT NO.: PW 13-14 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 601608-13 Bond No.024055734 BondFee:Included in performance bond - cane Inc. as principal ("PRINCIPAL") and The Ohio Casualty Insurance Company , a corporation incorporated under the laws of the State of oh 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 Thirty Eight Thousand, Five Hundred Dollars and Zero Cents ($38,500.00), 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 ADA RAMP INSTALLATION PROJECT, SPECIFICATIONS NO. PW 13-14 ("Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project.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 13-14, 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. 4597 Bond No . 024055734 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 El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO.PW 13-14, 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 Bond No .024Arnpent No. 4597 SIGNED AND SEALED this 8th day of May 14 20 14 ADDSCAPE , I+ C . THE OHIO CASUAL, INSURANCE COMPANY PRINCIPAL'sPRESIDENT Blake A Pfister , r Attorneyin-fact PRIN ,IPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: Addscape, Inc . The Ohio Casualty Insurance Company 11723 S Western Avenue 62 Maple Avenue Los Anaeles , CA. 90047 Keene , NH 03431 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1) original to City Clerk's Office. (2) Bond shall be effective for one (1)year after acceptance of the job. I-F-3 Agreement No. 4597 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • ,:c;w,5':C:�:''Q"+t;�".�;�".+'.K^�a'`�.".r.C'.�"a`.,p^^{"R�,{;;'w"'°at'„^'r.;ter a State of California Orange County of — _m.,..... ....... a �.. i On May 8 , 2014 before me Lianne Nahina , Notary Public U..°° —..... . _ _..... _ ... " ale ,�,..,m.....e., ....�, .....__ ,. personally appeared a Here Insert Name and Title of the Officer — Blake A Pfister Names)of Signers) t who proved to me on the basis of satisfactory evidence to be the person(p) whose name(s) is/a subscribed to the within instrument and acknowledged to me that he/MmAbil executed the same in his/ authorized ca acit LiX1 N'14E II' ' i'�II114A p Y( i, and that by CV NI�ili A�dl person(!), or the entity upon behalf of which the r is/Ir signature(s) on the Instrument the itr f � NCtpf"OLIN N NN p person( acted, executed the instrument. ) p N a I certify under PENALTY OF PERJURY under the ' laws of the State of California that the foregoing ! paragraph is true and correct. a WITNESS my hand and official seal. Signature " t mm " Place Nola Seal Above _�WW Notary ' Signature of Notary Public l � — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: µBond No 024055734 Document Date; May 8 / 2014 Number of Pages: 3 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) ' Blake- Sign e m s Signers Name: P f is t e r Signer's Name; 7 Corporate Officer Title(s): Corporate Officer — Title(s):. Individual „lit. ❑ Individual " Partner — ❑Limited ❑General Top of thumb here El Partner — J Limited - General Top of thumb here IX Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee Guardian or'Conservator ❑ Guardian or Conservator Other =Other: Signer Is Representing. Signer Is Representing The Oh� o 'Casualty Tnsurance Com ' any — �,,cua�a;�*w�t�, a�,�avv�„a�, ��{;'��Y x A,",,v.,y^�+.,,��,'"�.a, ,„"_°�:•t .�!,":����„ ,r„r 'c�� t„ +.:�..t..��",�„r�c,�„,�.,�,w xst"a,:+-✓,,a.�"�-+.�;k��,�"�..�,�„�M"f.^��.�..^4�,'�, ©2010 National Notary Association NationalNolary org•1-800-US NOTARY(1-800-676-6827) Item#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 n &EA Qe txU he45?,7ted. Certificate No„6379618 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY tCach d to , 24055 734 KNOWN ALL PERSONS BY THESE PRESENTS: That American irAe t asualty Company and 1 F e Ohlo 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 WestAmerican 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 American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company c We st an Insurance Company p man y E STATE OF PENNSYLVANIA David M.Care ,Assistant Secretary tt1 +_ COUNTY OF MONTGOMERY dOn 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 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, 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. O rw a`> > IN WITNESS WHEREOF,I have hereunto subscn d my name and affixed my notariat seal at Plymouth Weling„Pennsylvania„on the day and year first above written. q M Sy` 'a O i Teresa Pastella,Notary Public a a 3M 60 O o;; a M a i This Power of Attorney is made and etecuted ptrt i 11 hS arod; y atlllti lrity of the following By-laws and Authorizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance H1 p Company,Liberty Mutual Insurance Company,`614 " Ati "tic'an,Insurance Company which resolutions are now in full force and effect reading as follows: r m d) 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 a tm` D 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, .>%y 0.9 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 m 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 m L_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 > 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. r 0 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 o0 > 2! 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, L 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 O o 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 v r executed such instruments shall be as binding as if signed by the president and attested by the secretary. O to 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- ~r 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 this 8th day of May - �- 20 14 , By: Gregory W.Davenport,Assistant Secretary r 248 of 500 LMS 12873 122013 Agreement No. 4597 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N9 03606 SAN FRANCISCO Certificate of Authority THIS IS To CERTIFY THAT Pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of Ohio oriTanized under the laws of Ohio subject to its Articles of Incorporation or otherfundamental organizational documents,is herebv authorized to transact within the Strafe,subject to all provisions of this Certificate, the following classes of insurance: Surety and Liability cis such classes are now or may hereafter be defined in the Insurance Lmvs of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full conipliance with all,and riot in violation of any,of the applicable laws and lawful requirements tnade under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirentents now art, or nzav hereafter be changed or ainended. IN WITNESS WHEREOF,effective(is of the--,1Itji.......--.1-- &jy q _Novembe.r ............2 001.81 1 have hereunto set nay hand and caused my official seal to be affixed this 17th November 2008 of � doss Steve Poizner Commissionef V, By s ZK /Stapp for fit Richardson p6y,,6 ,,,0y, ef Deputy NOTICE: Qualification with the Secretary of State must 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 Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants madc in the application therefor and the conditions contained herein. VORM CB3 0"31,33 aq".oi