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CONTRACT 4811 Public Works Contract CLOSEDAgreement No. 4811 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND VANTAGE UTILITY SERVICES This CONTRACT is entered into this 19th day of March, 2015, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Vantage Utility Services ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents for Public Works Project PW 14 -08 (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 three hundred ten thousand six hundred twenty six dollars ($310,626.00) 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. Agreement No. 4811 3. TIME FOR PERFORMANCE, A. The Contractor will fully complete the Work within 60 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. I_% Agreement No. 4811 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. 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 City The Contractor City of El Segundo Vantage Utility Services City Clerk's Office 1369 W. Ninth Street 350 Main Street Upland, CA 91786 El Segundo, CA 3 Agreement No. 4811 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. 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. 4 Agreement No. 4811 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. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ZCl OF SEGU DO Vantage Utility Services Cat arp6n er Prenk Madera, sident ATTEST: Tr y '"� ver C` CIS y rk ,.... APPROVED AS TO FORM: Taxpayer ID No. 61 FAITHFUL PERFORMANCE BOND Bond No. 016065644 Bond Fee: $1,708.00 VCI Utility Services, Inc. dba Vantage Utility Services ( "PRINCIPAL") and Liberty Mutual Insurance Company Agreement No. 4811 a corporation incorporated under the laws of the State of Massachusetts 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 Two Hundred Fifty One Thousand Six Hundred Twenty Five dollars and two cents ($310,626.00), 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 14 -08, 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 14 -08, 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 (CITY DRAWING FILE NO. ) 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 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 "). SpedAcalone— ProleclslPW FAWN Performance pond ( ( (03) I -E-1 Agreement No. 4811 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 14 -08 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. SIGNED AND SEALED this 27th day of March A 02015 PRINCIPAL'sQPX-8�\J je At,srdz. 4- S RETY' "s PRESIDENT - tto ey -in +E ct �w CIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: VCI Utility Services, Inc. dba Vantage Utility Services 1369 W. 9th Street Upland. CA 91786 SURETY's SECT TARP - WITNESS E� oC-- SURETY's MAILING ADDRESS: Libe!:!y Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 - ......... Claims Unit NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Spedfioadons— PrnJeoklPW Fahhlul Performance Bond ( f 103) I -E -2 Agreement No. 4811 995.640(s) Code of Civil Procedure b D 8:11L! � � � ” -, „ � county Cie* of the OUP �� p �`� . g� � state, y C f w u p in and for iCourtly As i ru� NIS PAC NI ms ,� p � � '��d,4"�"t"� qn"N� anH"k i�"W 4NC" � r rthdC9b� a 6 "� &4n „ r!�6 C Ytlnz nq C qM� Cn� ni� � � M1VPYnw a i � n �� x�fl�� bVgZp a,uAd 1g1Clx'xCl "V °q9 Ir4JC�Ca4uF C& " C9C „�V'� C C „C(�1voKed, s canceled, N 941n6d �� aHli „�u ha gRU�u.(n n� qti� nCC ��ixed ' i ,%31 t��n G,)ep uty COUnty Clerk K BRAI LSFORO NOTARY ACKNOWLEDGMENT State of Tennessee) County of Knox Agreement No. 4811 I certify that I know or have satisfactory evidence that Loretta M. ]ones signed this document; on oath stated that she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of California for the purposes mentioned in this document. Dated on March 27, 2015 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNAareemlInt NO 4$11 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the martMhler and to he extent herein stated. Certificate No. 6771731 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 & 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, Carolyn E. Wheeler° to IUN Will gms• Kall'ie A. Turner• Lai h McCarth I orefta M..lona5; Mary Y Vs�Nmar° Novetta M Anrfersoraj rrcl� r Ward: Tara W. Mealer: Vicki Nobinarr,_„ all of the city of Knoxville state of TN each individually if there be more than one named, its true and lawful attorney -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 5th day of November 2014 American Fire and Casualty Company .. The Ohio Casualty Insurance Company Liberty Mutual Insurance Company I'll 9P `� 1991 0 West terlcn Insurance Company .z_ By:.. 144.-r�z, STATE OF PENNSYLVANIA ss David M. Carey, Assistant Secretary COUNTY OF MONTGOMERY dCOYi On this 5th day of November 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v 0 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, 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L- > IN WITNESS WHEREOF, I have hereunto subscribed my"nmne and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. f O C �r,a Teresa Pastella , Notary Public ai t Jfi r- ` This Power ofAttorney is made and executed pdistjank ar�t,ta) atutkro rutyof the following By -laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance 0 r,, Company, Liberty Mutual Insurance Company, nlcAoteir " ca, re Insurance Company which resolutions are now in full force and effect reading as follows: m L ARTICLE IV - 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 attorneys -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 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 M 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. d ARTICLE X1111 - 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 attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, Z 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 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 attorneys -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 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 Attorney executed by said Companies, is in full force and effect and has not been revoked. a IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this -_ �� , 20 ,tV f „ r,. BY 912 991 Gregory W Dav en p Davenport, A ssistant Secretary LMS „_1'2W1km 122013 474 O V t8J E O tz O� 3� 00 E � N O sO O 0 � 0 �3 00 N M ao 0Q U T- o I— T Agreement No. 4811 ACKNOWLEDGMENT City of El Segundo Faithful Performance Bond . ... ................ . ........... ... 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 Lvalidity of that document. State of California County of Can Re.m.9rdinQ - --------- On 03/27/2015 before me, Veronica Rosa Cortez. Nolm Public (insert name and title of the officer) personally appeared Erik Torres who proved to me on the basis of satisfactory evidence to be the person whose nanneN is/kp subscribed to the within instrument and acknowledged to me that he/gWtly executed the same in his/h" jr authorized capacity and that by hisftflffre4, signature _pn the instrument the person or the entity upon behalf of which the person"'"( acted, executed the instrument. Agreement No. 4811 ACKNOWLEDGMENT City of El Segundo Faithful Performance Bond _.. _ .........................�.. ........... 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 San Bernardino ) 5,, z„ Agreement No. 4811 LABOR AND MATERIALS BOND Bond No. 016065644 Bond Fee: 1,708.00 VCI Utility Services, Inc. dba Vantage Utility Services as principal ( "PRINCIPAL") and Liberty Mutual Insurance Company , a corporation incorporated under the laws of the State of Massachusetts 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 Three Hundred Ten Thousand Six Gundred Twenty Six dollars ($310,626.00), 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 FIBER OPTIC NETWORK EXPANSION, SPECIFICATIONS NO. PW 14 -08 ( "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 14- 08,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 (CITY DRAWING FILE NO. ), 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 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, forvalue received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 14 -08, 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. Sped. flu ns-- Peaj.*V1W L.b aMaledalaBond j 1/03) I -F- I Agreement No. 4811 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. SIGNED AND SEALED this 27th day of March PRINCIPAL's MAILING ADDRESS: RERAWn SURETY's SECR 2015 RY- WITNESS SURETY's MAILING ADDRESS: VCI Utility Services, Inc dba Vantage Liberty Mutual Insurance Company Utility Services 175 Berkeley Street 1369 W. 9th Street Boston, MA 02116 p ah , CT 91766 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. 1A80RAND MATERIALS BOND 1 -F-2 (08ldT107) I -F -2 Certificate nt to () Code of CIvIl Pfocedufo Agreement No. 4811 n �v Cotinty C'�erk of the County State of Gafifo fll a, 41 and for said County O ', , 94_Y HAT surety any Cala rll mn now An4�,.r nrn n �n e Ii� I&nmr Ino Vansact stnre,�y insurance in fiftPtl ivat t as nt:r t, reef ulo V'll 1�w,�;c4�k�a 66s nn mwn�n�nrylYO�l� DepanPrid��nn of , UP .eOaU MAA W'n99'00)' n ft8iMl, 11 Min n�un� VL nd affixed the 't I �sa9d Cou ny u�u "� COUNTY CLERK BY Deputy County CkA K BRAIL SSFORD NOTARY ACKNOWLEDGMENT State of Tennessee) County of Knox Agreement No. 4811 I certify that I know or have satisfactory evidence that Loretta M. )ones signed this document; on oath stated that she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of California for the purposes mentioned in this document. Dated on March 27, 2015 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNAgreement NO. 4811 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. 6771730 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 & 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 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 ward Tara W M) f t _ WIt eler Joy M, Wlglta ros° Kejlii A. T' rn r Leigh CvlcCartfi t L ratio, M, Tones Mar Y INovc tta M Anderson, Sandra PP ealer; Vicki Nobinoer all of the city of Knoxville state of TN each individually if there be more than one named, its true and lawful attorney -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 5th day of November 2014 � American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company u. By: �� ............. STATE OF PENNSYLVANIA � ss David M. Carey, Secretary . COUNTY OF MONTGOMERY On this 5th """ day of November . 2014 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 my, name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. F PENNSYLVANIA Teresa Pastella , Notary Public �aPw;rM i This Power of Attorney is made and executed p(I' SU pat tdan' by' au onty of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, anil esl A rscah' Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —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 attorneys -in -fact, as may be necessary to act in behalf 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 attorneys -in -fact, 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, 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 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 attorneys -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 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 Attorney executed by said Companies, is In full force and effect and has not been revoked. � r'... � IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 4 r�" y of _t" �i ,rG � 6 111 ky ,i o � By. 7�s 912 1991 � Gregory W. w Davenport, Assistant Secretary 122013 Agreement No. 4811 ACKNOWLEDGMENT City of El Segundo Labor and Materials Bond 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 Ran RPrnnrdinn WITNESS my hand and official seal. Signature (Seal) Agreement No. 4811 ACKNOWLEDGMENT City of El Segundo Labor and Materials Bond 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 On 03/27/2015 before me, Veronica Rosa Cortez NoIaLy Public (insert name and title of the officer) personally appeared Frank Madera who proved to me on the basis of satisfactory evidence to be the person whose name(). is/ subscribed to the within instrument and acknowledged to me that he /she /they executed the same his AhNf- authorized capacity(lbi4,and that by hisl' the Sig nature on the instrument the persons or the entity upon behalf of which the personcted, 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.