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HomeMy WebLinkAboutPatterson Brothers Lighting; 2014-02-18; PWM14-30TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carisbad 1200 Cartsbad Village Drive Carisbad, California 92008 DOCtt 2014-0498494 Illlili liiiiiiiil ili NOV 14, 2014 3:39 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: n/a NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carisbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carisbad Village Drive, Carisbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on August 8, 2014. 6. The name of the contractor for such work or improvement is Patterson Brothers Lighting, Inc. 7. The property on which said work or improvement was completed is in the City of Carisbad, County of San Diego, State of California, and is described as follows: Project No. PWM14-30TRAN, 2013 Street Light Foundation Replacement. 8. The street address of said property is 2669 Vancouver St. in the City of Carisbad. CITY OF GARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carisb^ 92008; the City Manager of said City on Carisbad Village Drive, Carisbad, California, , 20_iy_, accepted the above described work as completed and orderecf that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on |\J(l\lPJfY]|Ofi^H . 20 . at Carisbad, Califomia. ^^TY DP CA^SBA[ City Clerk Word\Masters\Forms\Notlce of Completion (City) CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. PWM14-30TRAN, 2013 Street Light Foundation Replacement, and has requested that the City of Carisbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Street Lights $27,290 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS _^Q^..-Pub I i erVyjdrk^ Di recto r Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carisbad is hereby directed to commence maintaining the above described improvements. STEVE SAF^OZY, City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney VP -S)!) 2<>M Assistant City Attorney \ Word\Masters\Forms\Acceptance of Public Improvements (City) PWM14-30TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT 2013 Street Light Foundation Replacement Contract ($45,000 or Less) This agreement is made on the _ _ day of _ by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City^, and Patterson Brothers Lighting whose principal place of business is 12047 Riverside Drive, Lakeside, CA 92040 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: John Maashoff (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 2013 St Light Foundation Replacement Contract Page 1 of 6 City Attorney Approved 2/7/13 Tracking #: Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: KylePatterson / President REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to Proceed. 2013 St Light Foundation Replacement Contract Page 2 of 6 City Attorney Approved 2/7/13 Tracking #: CONTRACTOR'S INFORMATION. PATTERSON BROTHERS LIGHTING INC. 12047 RIVERSIDE DRIVE 501334 (name of Contractor) (street address) LAKESIDE, CA 92040 (Contractor's license number) C-10, 11/30/2014 (license class, and exp. date) (619) 390-3797 (city/state/zip) (619) 390-2875 (telephone no.) (fax no.) kyle@pattersonbrotherslighting.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) Kyle Patterson / President (print name/title) _ , oputy City MonQqi^^l^''/] Department 0\rectorZ(/f2j^g^^SSr^ as authorized by the City Manag^^/' r O/' ATTEST: >ign here) Kenneth Hall / Secretary BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ^ Assistant City Attorney ^ 2013 St Light Foundation Replacement Contract Page 3 of 6 City Attorney Approved 2/7/13 ACKNOWLEDGMENT State of California County of San Diego ss. On I HI ^C>f^ before me, Julie D. Walker, Notary Public, personally appeared Kyl^^ P^f^f^rs^/^ an^^ KefM^-f/i H^H ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -^re subscribed to the within instrument and acknowledged to me that he^aire/they executed the same in -hiator/their authorized capacity(ies), and that by hiato/their signatures(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. WITNESS my hand and official seal. Smnature JULIE D. WALKER \ Commission # 1976936 X Notary Public - California 1 San Diego County My Comm. Expires May 28, 2016 '^<^nfM v»w ^ Dl v y i# w i# mr-— (seal) OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: P-C? I ? S-ffilf UOjk finj hOUnd^l^'l Document Date: / \^ f'ZOi 7 Number of Pages: ^ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Individual President / Vice President / jecretary / Treasurer Attorney in Fact Trustee Other: Signer is Representing ?(X^-^erSO/l drgfhcr^ L) ^ hii/n^ ^ j,^^ © 2008 Aiistate Notary Preparation, Inc. - (800) 689-8466 •- www.alistatenotary.com Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTiyiEliT OF OONSURHER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 501334 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 601334 PATTERSON BROTHERS LIGHTING INC Business Phone Number: (619) 390-3797 P O BOX 2037 LAKESIDE, CA 92040 Corporation 11/14/1986 11/30/2014 Extract Date 1/31/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS CIO DESCRIPTION ELECTRICAL Workers' Compensation CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 127860 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) PATTERSON KYLE EUGENE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/14/2012 WORKERS' COMPENSATION littps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNuni=50... 1/31/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with EVEREST NATIONAL INSURANCE COMPANY Policy Number: 7600009485131 Effective Date: 07/01/2012 Expire Date: 07/01/2014 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacy Policy Copyright © 2010 State of Califomia https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=50... 1/31/2014 Tracking #: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract /r r Total % Subcontracted: 2013 St Light Foundation Replacement Contract Page 4 of 6 City Attorney Approved 2/7/13 PWM14-30TRAN EXHIBIT B JOB QUOTATION ITEM NO. UNIT COST QTY DESCRIPTION PRICE 1 $115.00 14 Secure poles, excavate and expose anchor bolts. $1,610.00 2 $125.00 14 Restore existing street light pole foundation. $1,750.00 3 $200.00 14 Remove existing street light pole. $2,800.00 4 $1,125.00 15 Construct new street light foundation, conduits, wiring, and appurtenances. $16,875.00 5 $200.00 14 Re-install street light pole removed as part of item 1 on newly constructed foundation. $2,800.00 6 $2,350.00 1 Install new street light pole. $2,350.00 TOTAL* "Includes payment of $850 for bid bond $29,035.00 'Includes taxes, fee's, expenses and all other costs. Provide all labor, equipment and materials necessary to construct 15 new street light pole foundations, install conduit, wires, and appurtenances as necessary to sen/e the lights, remove 14 existing light poles from their existing foundation and re-install these lights on the newly constructed foundations. Item 1: Secure poles using crane and excavate soil necessary to fully expose anchor bolts. City will be onsite to determine the condition of the existing anchor bolts. Poles determined to require a new foundation shall be immediately removed in accordance with item 2 as determined by the project inspector. Poles to remain on existing foundation shall be restored in accordance with item 2. Item 2: Poles that are to remain on existing foundations shall be repaired with concrete cap in accordance with the San Diego County Regional Standard Drawings, City of Carlsbad Engineering Design Standards, and the Caltrans Standard Plans and Specifications. Surrounding soil, landscaping and other disturbed improvements shall be restored to their original condition. The quantity of this item will vary between 0 and 14. Item 3: Remove existing street light poles determined to have foundations replaced. This bid item includes dis-connecting electrical services and removal of the pole, mast arm, and luminaire. Poles that are salvageable and able to be re-installed shall be sorted either in a safe manner onsite as approved by the project inspector, or offsite at the contractors place of business until such time as they can be re- erected on the new foundations covered in item 2. It is the contractor's responsibility to remove poles in a safe manner and to protect existing poles such that they are salvageable and can be reinstalled as outlined in item 3. The quantity of this item will vary between 0 and 14. 2013 St Light Foundation Replacement Contract Page 5 of 6 City Attorney Approved 2/7/13 PWM14-30TRAN Item 4: Construct new street light foundations, electrical conduits, wiring, and appurtenances in accordance with the San Diego County Regional Standard Drawings, City of Carlsbad Engineering Design Standards, Caltrans Standard Plans and Specifications. New foundations shall be located approximately 4 feet away from existing foundation, typically on the opposite side of the pull box location. Exact location shall be determined in the field by the project inspector. Item 5: Install salvaged street light poles, mast arms, and luminaires onto the new street light foundations constructed under item 2. Surrounding soil, landscaping and other disturbed improvements shall be restored to their original condition. Item 6: Install new street light pole on foundation constructed under item 2. Should the quantity of this bid item vary, as a result of the existing poles not being salvageable, payment for additional new poles shall be made at the unit price of this bid item. Surrounding soil, landscaping and other disturbed improvements shall be restored to their original condition. Street light to be relocated: 1. ) 2645 Vancouver St. 2. ) 2679 Vancouver St. 3. ) 2697 Vancouver St. 4. ) 2713 Vancouver St. 5. ) 2722 Vancouver St. 6. ) 2683 Waterbury Way 7. ) 2719 Waterbury Way 8. ) 2732 Waterbury Way 9. ) 2747 Waterbury Way 10. ) 3356 Stillwater Ct. 11. ) Concord @ Stillwater-N.E. corner 12. ) Concord @ Waterbury-N.E. corner 13. ) Carlsbad Village Dr.- #1W. of Concord- south side 14. ) Carlsbad Village Dr.- #1 E. of Concord- south side New street light location: 1) 2669 Vancouver St 2013 St Light Foundation Replacement Contract Page 6 of 6 City Attorney Approved 2/7/13 Tracking it: EXHIBIT C BOND No. 71497481 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Patterson Brothers Lighting, Inc. (iweinifter designated as the "Principal"), a Contract for: __ 2013 Street Light Foundation Replacement Contract CONTRACT NO. ____ in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file In the Office of the City Clerk of the City of Carisbad and all of which are incorporated herein by this reference. VN/HEREAS. Principal has executed or is al>out to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail lo pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Patterson Brothers Lighting, Inc. , as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY as Surety, are held firmly bound unto ll^.e City of Carlsbad in the sum of Twenty Nine Thousand Thirty Five and no/100 Dollars ($29,035.00 ), said sum being an amount equal to: One .hundred percent (10G%) of the total amount payable under the terms of the Contract by the Cit^' of Carisbad, and for which payment well and truly to be mads we bind ourselves, our heirs, execytors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if ihe Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, cr for any amounts required to be deducted, withheld, and paid over to the Employmerit Development Departme.nt from the wages of employees of tha contractor and subcontractors pursuant to section 13020 of ihe Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and. also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the nourt consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or thei.r assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, cr to the work to be performed Hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. NAME OF PROJECT, CONT. NO, NNNN Page 1 of 2 City Attorney Approved 2/7/13 Tracking #: in the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by COMTRACTOR this ^ day Executed by SURETY this 9th_ _ day of 'jTm^^'f . 20 of _.i.?JiU¥y. .2014 • CONTRACTOR: SURETY; Patterson Brothers Lighting, Inc^ WESTERN SURETY COMPANY (name of Contractor) Iname of Surety) 1^ j^^vxi.^^^ 333 S. Wabash Ave., 41st Floor, Chicago, IL 60604 (sign here) (address of Surety) iJ-vrrrX/Z^^o^ 605-336-0850 , (print name fierc) ^(telephone numbef of Surety) IL.^.-Pc^r-' By: U— U^'^ {^\e and organization of signatory) ^signature of Attorney-in-Fact) f- •"^"•"'^x^ ^(sign here) {printed name of Attorney-in-Fdcl) ^^i^^tflT^ J^/lt.<^ (attach corporate resolution showing current power o; (print name here) attorney] _^.^£Am^ f COBPOft^/f^ ^^^(tltieand orgajmation of signatory) %V.SEAL (Proper notiiricii :iclvrsow!edgment of execution by r_ONTRACTOR and SURFT^/ mu'-.t be attached.) ^"'^ (President or vice-presider^t and secretRry oi assisvant secretary must sign for corporations, If only one officer signs, tbt! tur por ation must attach ,1 resolution certified by the 'secretary or assistant secretary ur^der corporate 5eai empower ing tivjt office^ to bind the corporation ) APPROVED AS TO FORM: CF.LiA A, BRiWtR City Attorney^ By: Assistant City Attorney NAME OF PROJECT; CONT. NO. NNNN Page 2 2 C;iy Attorney .'\pproved 7J{;\Z Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71497481 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint JAMES LELAND LEACH its true and lawfial attomey(s)-in-fact, with fiill power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Patterson Brothers Lighting, Inc. Obligee: City of Carlsbad Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made imder and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or imdertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, imdertakings. Powers of Attorney or other obhgations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, vinless used before midnight of 2014 but until such time shall be irrevocable and in full force and effect. August 10 In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporate sgaiil&fcg^affixed this 9th day of January 2014 WEST ^ jrvnf .-tz SURE COMPANY On this 9th } day of January Paul T.^ruflat, Vice President ., in the year 2014 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instriament to be the volimtary act and dee^f said coy^atjon. I S. PETRIK I '/^^\NOTARY PUBLIC My Commission Expires August 11, 2016 I the imdersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 9t.h day of January 2014 WESTERN SUREX^ COMPANY Form F5306-8-2012 Paul T. jG-uflat, Vice President I I Acknowledgment of Principal [xl Acknowledgment of Surety (Attorney-in-Fact) STATE OF CALIFORNIA COUNTY OF SAN DIEGO } On ate here insert name and title of the officer JAMES LELAND LEACH personally appeared 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. 1 certify under PENALTY OF PERJURY under the laws of the State of Cahfornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature^ (Seal) STEFANtAB.BACA \ Cofmnitiion # 1999466 | Notary PuMic • California z wy San Oitgo County g aComm. Expirtt Doc 27.20161 (The balance of this page Is intentionally left blank.) Western Surety Company Form 1900-1-2008 ACKNOWLEDGMENT State of California County of San Diego ss. On ~J^{n. ) '^-O^ ^ before me, Julie D. Walker, Notary Public, personally appeared ^y\^ Pafj-fCrsgrn (Xn^k V-enn^-^^ ,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 <be^t^/their authorized capacity(ies), and that by h^to^their signatures(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. WITNESS my hand and official seal. \/^^ r.J"-llLTi976936 \ Commission # 1976936 Notary Public - California Si0nyature San Diego County 1 Ns^p^ Comm. Expires May 28. 20161 y II n y y t i V "» » V V (seal) OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: V^pr CK^d fX^&t€f)ai^ ?PC>OA Document Date: '/ / V Number of Pages: Signer(s) Other Than Named Above: ^ ^/r^j> Le jqnj Lead) Capacity(ies) Claimed by Signer Individual Prgsiflent / Vice President / Secretaryijreasurer Attorney in Fact Trustee Other: Signer is Representing_ © 2008 A!istate Notary Preparation, Inc. - (800) 689-8466 - www.allstatenotary.com