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HomeMy WebLinkAboutPavement Coatings Co. 2020-08-20CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 20-01 THIS AGREEMENT, made this 20th day of August COU #2021-108 , 20 20 , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Pavement Coatings Co. hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence. overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within fifteen (15) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Article II. Contract Prices. SLURRY SEAL OF LOCAL STREETS 49 Spec NO. 20-01 That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings. the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre -qualification rating, if any and for refusing to establish, reestablish or renew a pre -qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. SLURRY SEAL OF LOCAL STREETS 50 Spec NO. 20-01 Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) (g) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. SLURRY SEAL OF LOCAL STREETS 51 Spec NO. 20-01 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 21 day of 202.0 . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: AGER IITYOF UKI Attest: CITY ERK, ITY OF UKIAH By: CONTRA TOR _ Attest: Title: TOM MUCENSKI, SECRETARY EMENT COATINGS CO. DOUG FORD, PRESIDENT The foregoing contract is approved as to form and legality this day of , 20 CITY ATTORNEY, CIT OF KIAH SLURRY SEAL OF LOCAL STREETS 52 Spec NO. 20-01 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1 Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this Z1 qday of 20J-0 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: CITY MANAGER, CITY OF UKIAH CITY ERKTITY OF UKIAH CONTRACTOR Attest: Title: TOM MUCENSKI, SECRETARY EMENT COATINGS CO. DOUG FORD, PRESIDENT The foregoing contract is approved as to form and legality this 4 day of -; t--)1 . CITY ATTORNEY, CITY OF UKIAH SLURRY SEAL OF LOCAL STREETS 52 Spec NO 2001 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on August 20 20 20 , by and between the City of Ukiah (Ukiah) and Pavement Coatings Co. (Contractor). Contractor is performing as per specification No. 20-01 - Slurry Seal of Local Streets for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: TITLE: DOUG FORD, PRESIDENT SLURRY SEAL OF LOCAL STREETS 53 Spec NO. 20-01 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Pavement Coatings Co. Bond #: 24243167 Premium: $1,785.00 AS PRINCIPAL, and The Ohio Casualty Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of Three Hundred Thirty Thousand Four Hundred Ninety Four dollars ($ 330,494.00 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated August 20 2020 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 21st day of August , 20 20 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) SLURRY SEAL OF LOCAL STREETS 54 Spec NO. 20-01 • ''. It,IF '• , , rL 411 i? E i it '( : 1. ,.!?:l �•?l : ... .� _ r • .., !'. :l .:. try .t • 'J: '•, li fRY. • r 1 1 + • WITNESS: ATTEST. torn. YVwctv-Sei I Secfe-:arl ATTEST. Richard L W -IIs, Atto ' -y-in-Fact The rate of premium on this bond is $ 5.40 (City/State/Zip Code) gc-VelyuLk-- C -1- p f C. . (SEAL) ( orporate Principal) J 1024o Az, LA-1ay (Business Address) �� va.11�y. c� ���sZ (City/State/Zip Code) Pavement Coatings Co. (Corporate Principal) 10240 San Sevaine Way Affix Corporate Seal (Business Address) Jurupa Valley, CA 91752 (City/State/Zip Code) The Ohio Casualty Insurance Company Affix (Corporate Surety) Corporate Seal 790 The City Drive South, Suite 200 (Business Address) Orange, CA 92868 (City/State/Zip Code) The total amount of premium charges is $ 1,785.00 per thousand. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). SLURRY SEAL OF LOCAL STREETS 55 Spec NO. 20-01 (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, Tom Mucenski certify that 1 am the Secretary of the corporation named as Principal in the foregoing bond; that Doud Ford , who signed the said bond on behalf of the Principal, was then President of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of itsgoverning body. Affix Corporate Seal Tom Mucenski, Secretary SLURRY SEAL OF LOCAL STREETS 56 Spec NO. 20-01 Liberty Mutual SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8201397 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Hope Conley, Brigid Lopez, David Madden, Brian A. McGoldrick, Sandy Staley, Richard L. Wells all of the city of Placentia 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 Attomey 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 I th day of June , 2019 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this I 1 th clay of June , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty 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 King of Prussia, Pennsylvania, on the day and year first above written. 6P PAST Q4 ooNWE 04' 4`2 OF qay COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Pudic Upper Merron Twp., Montgomery County My Commission Expires March 28,2021 Member, Pennsylvania Association of Notaries By: era rxi�ia. Notary Public eresa Pastella, Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company. and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV – OFFICERS: Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, 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 respective powers of attomey, 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 attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chaimlan, the President or by the officer or officers granting such power or authority. ARTICLE XIII– Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and at undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey 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 21 st day of August , 2020 . LMS -12873 LMIC OCIC WAIC Multi Co 062018 Renee C. Llewellyn, Assistant Secretary (0 N f1, 0 _I— c�i W mE cn c, •Q o C (13 O c a N LO) om > a) _c EC) izz co 8c) H • `e: 1 ;•..rt♦ .. .. 'G'J a. tit cr., • r_ e 'tr1F'ci • • Mt.; i r= r . -. 1....1' : x; ,A ia"e',rs ' E>rr':. a ':i i; ,,.. .1k,.1. - v :.... •s`-�:' rr, p.,.b .r ..,. y- -"4e, • tF not n • ;kc t, .. • • ns, ti sf 7.• S y.: i6.',Al", • :b i 9E t r fi:i . • y p•r .:r n. :- t FT:;s a,j is i� ` ..<i; -- :.Pit �- =tom ,q "A _ a _ r1 "' a !' - 3"9A;, 'i ,.:.i.....-.:. .. lata"k,••!•• 5:. far{r . r€* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 vs W 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 San Be County of S Bernardino a ) On August 21, 2020 Date before me, Brigid Lopez, Notary Public Here Insert Name and Title of the Officer personally appeared Richard L. Wells Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. 0 z �,u,� BRIGID LOPEZ COMM. #2287217 zz Notary Public • California o Orange County M Comm. Ex.ires Ma 2, 2023 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signre of Notary ublic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited r General Individual Li, Attorney in Fact Trustee E Guardian or Conservator Other: Signer Is Representing: Document Date: Named Above: Signer's Name: Corporate Officer — Title(s): Partner — Limited ❑ General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ecc c cc-vescK. =c.—ec•zecz., ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a a a a a a< a a- a a< a s .a a at.a a,.a a .a .a.a CIVIL CODE § 1189 41['a'CIAltrrrsclitc47‹:erc,e's u =cc card A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On August 27, 2020 before me, Melissa Renee Ailshie, Notary Public Date personally appeared Here Insert Name and Title of the Officer Doug Ford Name() of Signer() who proved to me on the basis of satisfactory evidence to be the person*) whose name(6) is/hre subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/h6r/their authorized capacity4s), and that by his/h6r/thhir signature*) on the instrument the person*), or the entity upon behalf of which the person(§) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA RENEE AILSHIE Notary Public - California Riverside County Commission # 2229730 My Comm. Expires Jan 28. 2022 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary ublic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Number of Pages: 1 Signer(s) Other Than Named Above: Document Date: 08/21/2020 Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual Attorney in Fact n Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Individual Trustee Other: Limited General Attorney in Fact Guardian or Conservator Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 IT IT ST s. w w. a T P w w .9 ccxcrs c�Am1,4:1res .ssarrraf.,lacaslarss,4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On August 27, 2020 before me, Melissa Renee Ailshie, Notary Public Date personally appeared Tom Mucenski Here Insert Name and Title of the Officer Name() of Signer() who proved to me on the basis of satisfactory evidence to be the person() whose name() is/hre subscribed to the within instrument and acknowledged to me that he/sfie/they executed the same in his/her/their authorized capacity(ies), and that by his/her/thkir signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA RENEE AILSHIE Notary Public - California Riverside County Commission # 2229730 My Comm. Expires Jan 28, 2022 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary ublic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 08/21/2020 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): _ ❑ Partner — Limited General ❑ Individual Attorney in Fact 7 Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Individual Trustee Other: Limited General Attorney in Fact Guardian or Conservator Signer Is Representing: x o z sz e ce...:c .:.wcmc tg z. ti c: ^ctwcx� ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond #: 24243167 Premium: Included in Performance Bond CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS. That we the undersigned, Pavement Coatings Co. , AS PRINCIPAL, and The Ohio Casualty Insurance Company , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of Three Hundred Thirty Thousand Four Hundred Ninety Four dollars ($ 330,494.00 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated August 20 20 20 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 21st day of August , 20 20 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) SLURRY SEAL OF LOCAL STREETS 57 Spec NO. 20-01 • r , . r Y4 • 'fir :':t .. t.+3t`L ,i,Yy •"5'-i ;4 . _f .. ''' '^ _ {". .. . c -, s q f. . , SC; tit'ii.' :!k" Y iC.:-.,•::-, '', e, :,, ...,..i„.s,.,.„....;,,..,:,.,,,?..-,(7 ,,„-..; ,1=, • ' . .i.: i,..•.3.1., .'„,..).':',:, :,... ii7 , .. i.. . . .. _ G.,1 , ...,.. . ... 7 � a 1. .- 1.. .. - .. ' is'�'.... ., t WITNESS: Dov ` of-, Vfe3,c 42,,N4 ATTEST:�� L t 0 011vcv."C t',, Ceccei-0-1 (City/State/Zip Code) L\ 1/h QA -a- Co 4 h 1 f C. . (SEAL) (CCCorporate Principal) 1o27t0 lo LADc y (Business Address) d ro4 V4 -y1 c - ' - -- (City/Stat /Zip Code) Pavement Coatings Co. (Corporate Principal) 10240 San Sevaine Way Affix Corporate Seal (Business Address) Jurupa Valley, CA 91752 (City/State/Zip Code) The Ohio Casualty Insurance Company Affix (Corporate Surety) Corporate Seal 790 The City Drive South, Suite 200 (Business Address) Orange, CA 92868 (City/State/Zip Code) The rate of premium on this bond is $ 5.40 per thousand. The total amount of premium charges is $ 1,785.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) Tom Mv44.rJ.ki thatcu�[or� then $(l that his signature thereto is genuine; behalf of said corporation by authority certify that I am the Secretary of the corporation named as Principal in the foregoing bond; , who signed the said bond on behalf of the Principal, was of said corporation; that I know his signature, and and that said bond was duly signed, sealed, and attested to for and in of its governing body. SLURRY SEAL OF LOCAL STREETS 58 Spec NO. 20-01 • • F.a - 50, s .r ..t; -;'314 Y' t' j'.r .:ri 11"'t(t : 2 :iT ? : i t :; u,.t i `.d ti !,(••• 4 Y:Ci' t. y J, brtri f.r.F• -,f , 4 .. .i( id Affix Corporate Seal "Tow, rew c t'- S kk L J ( C (t4 -O ( DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. The name of the Principal shall be shown exactly as it appears in the Contract. The penal sum shall not be less than required by the Specifications. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. SLURRY SEAL OF LOCAL STREETS 59 Spec NO. 20-01 ui a) c cn _ m ocn O o N > N _-p C'0— O N N O o C n3 c in t6 N ca U rm7C > 0) O '3- z Z U Liberty Mutual SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8201397 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Hope Conley, Brigid Lopez, David Madden, Brian A. McGoldrick, Sandy Staley, Richard L. Wells all of the city of Placentia state of CA each individually if there be more than one named, its true and lawful attomey-in-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and at 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 Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 11 th day of June , 2019 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 11th day of June , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty 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, 1 have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. PAS COMMONWEALTH OF PENNSYLVANIA OF Notarial Seal Teresa Pastella, Notary Public Upper Merron Twp., Montgomery County My Commission Expires March 28.2021 By: •�, �P "AsvL/o Teresa Pastella, Notary Public qRV ,q�� Member, Pennsylvania Association of Notaries This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, 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 respective powers of attomey, 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 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. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-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 attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute. 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. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey 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 21st day of August , 2020 . mNSU4,/tY INS s/P°R/ VORq�IRgy U $ Fo C 1919 r, ▪ : o ' �r ss dmiri vyl * 0% LMS -12873 LMIC OCIC WAIC Mutti Co 062018 mNSU,, �� 41DIAN1- M >` adD Renee C. Llewellyn, Assistant S ecretaryVP°aPo)Li,,, c, a 0 By:. tcl�'y�Q' F f 1991 0 k6 to u) a) .0) a > c co 0 _ m� UW > E m a `oma < 0c C C o fU O C) to O1 o ak) > C) w n0 E N co C c9 0c •— o� I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 P• q, 'tA x 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 before me, Brigid Lopez, Notary Public On August 21, 2020 Date personally appeared Richard L. Wells Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. BRR ID LOPEZ COMM. #2287217 zz Notary Public • California o Orange County My Comm. Expires May 2, 2023 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Sign L • i re of Notary ':blic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited _ General Individual Attorney in Fact Trustee i Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Limited ❑ General Individual Attorney in Fact Trustee Guardian or Conservator H Other: Signer Is Representing: .1 cue cc r ec zW,Z'sCc=C,W K-7;17.Xg z c c zQ c z cc�e c'f;•<:rc�c c c�z�z�r �c^ec r�r�c�c� t ^re ccs ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IS w. w . gr. . w . w. w. w w. w w. w. w . w - w. a C a. SN. CIVIL CODE § 1189 a,.w .w.w w w w lave ss. w vs Is. w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On August 27, 2020 before me, Melissa Renee Ailshie, Notary Public Date personally appeared Doug Ford Here Insert Name and Title of the Officer Name() of Signer() who proved to me on the basis of satisfactory evidence to be the person(,;) whose name() is/a're subscribed to the within instrument and acknowledged to me that he/slie/ttiey executed the same in his/her/thleir authorized capacity(i6s), and that by his/her/th6ir signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA RENEE AILSHIE Notary Public - California Riverside County Commission 8 2229730 My Comm. Expires Jan 28, 2022 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 08/21/2020 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — .J Limited General 0 Individual ❑ Attorney in Fact n Trustee i 1 Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): __ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: �zxz.-mc kxxxx..-eta e.:K -mHu tas vg.— w..- TAx. :vuex. isc c^r-c�ec c^r c, c •c<c ^mac o ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 • ••1• U. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 roc eLres:recd., ncrAaCc aCiz�cc�r�c ccs ciz<IC=Pe rA ".aCtc s yrs A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document 10 which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On August 27, 2020 before me, Melissa Renee Ailshie, Notary Public Date Here Insert Name and Title of the Officer personally appeared Tom Mucenski Name() of Signer(h) who proved to me on the basis of satisfactory evidence to be the person(k) whose name(,;) is/dre subscribed to the within instrument and acknowledged to me that he/sf e/tliey executed the same in his/h6r/thleir authorized capacity(i6s), and that by his/h6r/th. it signature*) on the instrument the person(,;), or the entity upon behalf of which the person*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA RENEE AILSHIE Notary Public - California Riverside County Commission # 2229730 My Comm. Expires Jan 28. 2022 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of ot. Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Material and Labor Bond Document Date: 08/21/2020 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: [1 Corporate Officer — Title(s): Li Partner — Limited ! • General C Individual El Attorney in Fact 7 Trustee [1 Guardian or Conservator Other: Signer Is Representing: Signer's Name: LI Corporate Officer — Title(s): [1 Partner — Limited General [ 1 Individual Attorney in Fact I ! Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 !,‘ ...tipome.Npunowegmwnier.k.-......•••• Bond #: 24243167 Premium: Included in Performance Bond CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, Pavement Coatings Co. , as PRINCIPAL and The Ohio Casualty Insurance Company as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of Sixteen Thousand Five Hundred Twenty Four Dollars and Seventy Cents (5 PERCENT OF THE FINAL CONTRACT AMOUNT) ($ 16,524.70 to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated August 20, 2020 for Slurry Seal of Local Streets — Specification No. 20-01 WHEREAS, said Contract has been completed, and was approved on the day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this 21st Pavement Co BY: gs Co day of August `boo nr� �re,& cJ L4- Princi al The Ohio Casu.. n rancI kW any BY: Richard L. Wells, Attorney -in -Fact Surety SLURRY SEAL OF LOCAL STREETS , 20 20 (Seal) ( Seal) (Seal) (Seal) ( Seal) (Seal) 60 Spec NO. 20-01 Liberty Mutual® SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8201397 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Hope Conley, Brigid Lopez, David Madden, Brian A. McGoldrick. Sandy Staley, Richard L. Wells vi au a) _ m cm cm U O O - L > tU > N � v o kU O 07 C 83 w m L oro c ._ E ota > O Z U all of the city of Placentia state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, adtnawiedge and deliver, for and on its behaff 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 Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 11 th day of June , 2019 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company wu; David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 11 th day of June , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty 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 King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Merlon Twp., Montgomery County By: My Commission Expires March 28, 2021 Member, Pennsylvania Association of Notaries eres�, Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE 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 attomeys-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 attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, 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 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. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-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 attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey 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 21st day of August , 2020 . LMS -12873 LMIC OCIC WAIC Multi Co 062018 By: Renee C. Llewellyn, Assistant Secretary C13 N rn a� N .0 m 0 _ H m0) UW >E tU t1 0 Q• oa c tC O ao cno w0) oa�i -a y To >o ON wo M t.=03 00 Ua- 0 (9 — o(9 1— <— if I ;•4 ...,,t.A.. d•••,•_ • . *' _ 1 .1G . i,t ••.'"" k3f,,-1i • ••• .1; • • i N•��Vy ' .a rE•h. ,a.. .. .b7E.;.4 40r.. t, is ?t.i. i -k } - 3:11`.%.; 'r-:io "W'• •.. .#. 4. • i it ti ai,r -.: 'if '. , • R.; •• l• '.:.�$'.k�f "t Le's, • S.;n r. ,�f1 ..t, ry.c•. - f v'. "i:-, / R i...e'11 . i- . .. .. t' r S}_ib •T:; - •. - "/,-,v ..t 1"r,.` fT t _ .,t:# • •CGS. -. .. ►., ... +i .`u gs ,i• 1, ...: `r. t. I : ,: .rdi .•`I r. v �::, ' -3':'. 'i',_ : 4 •if;15.' S;iJ: dt'•; h • At L, l.. 1.,•,.'.s .• •ft {. , i iraj„' ty'r i r'7. .. fj'N , x: �..Eyf, d�'c .w' �: •,s. -7t trif J r i tr i ; :. _`'• ti �14r' - • f!Y r,...y�. Ze y'•. •. il.: 1' ibk rtr., .. art':::,.'' ;.v %Ai 4.• 3. '' )...k _.' .tut ' •,,,, J. `$. 1: ;2••sr ati"v '1: •r -tib'. . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT AC A .A,.A AL Ae A A A, A As A AN CML CODE § 1189 ,A .A 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 On August 21, 2020 before me, Brigid Lopez, Notary Public Date personally appeared Richard L. Wells Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. d BRIGID LOPEZ I o -.�- COMM. #2287217 z z �'!b youi Notary Public - California o z ""f Orange County .. - tylt 2,...,2023 t Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Si ature of Nota • Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual ❑ Trustee 1 ' Other: Attorney in Fact iJ Guardian or Conservator Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Individual Trustee Other: Limited ❑ General Attorney in Fact Guardian or Conservator Signer Is Representing: �c.�;c.�z�cmc;��.cc.ccex.�r:�c,Q�;�ze�z,Qz,•r-.c,c �;�=��:ec;c�z,�z: - - - �.ccec.�^a��c:.�^cc��c:�c.�: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �rc�s.crmccrsfscs,�rcrcrcrcr ,macarc-ccrcragcur„�,r„cr,�c�c�s,�s�s,�carrs A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On August 27, 2020 before me, Melissa Renee Ailshie, Notary Public Date Here Insert Name and Title of the Officer personally appeared Doug Ford Name(k) of Signer() who proved to me on the basis of satisfactory evidence to be the person(,;) whose name(,;) is/dre subscribed to the within instrument and acknowledged to me that he/st e/they executed the same in his/her/th/eir authorized capacity(i6s), and that by his/h6r/th6ir signature(,;) on the instrument the person(), or the entity upon behalf of which the persons§) 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. MELISSA RENEE AILSHIE Notary Public - California Riverside County Commission # 2229730 My Comm. Expires Jan 28, 2022 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Maintenance Bond Number of Pages: 1 Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Document Date: 08/21/2020 Named Above: Signer's Name: Corporate Officer — Title(s): Partner — Individual Trustee Other: Limited General Attorney in Fact Guardian or Conservator Signer Is Representing: riXX •Mag(N N N N N N N N S/ fl N - N. NL •_” M;cL L. ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907