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HomeMy WebLinkAboutScott Fence; 2014-08-12; PWM14-62TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAILTO: City Clerk City of Carlsbad 1200 Carisbad Village Drive Carlsbad, California 92008 DOCtt 2G14-049849G Iiiiiilliiiiiiiiil 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 tiereby given tliat: 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 Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, 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 Sept. 24, 2014. 6. The name of the contractor for such work or improvement is Scott Fence. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PWM 14-62TRAN, Farmer's Market Removable Bollard Installation. 8. The street address of said property is on State Street in the City of Carlsbad. OF CARLSBAQ _^^ity Eng VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad-^ 200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on cUi^l-dlojeAJ %3D 20 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on/YKHm (uu.^ ^ . 20 1^. at Carlsbad, California. Worcl\Masters\Forms\Notice of Completion (City) CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. PWM14-62TRAN, Farmer's Market Removable Bollard Installation, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Bollards $26,000 /O-Ptjibfic WoTRs^yi PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS ector 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 Carlsbad is hereby directed to commence maintaining the above described improvements. STEVE SARKOZY, City APPROVED AS TO FORM: CELIA BREWER, City Attorney ... JOPJ Qir- Assistant City Attorneyx Date \ Word\Masters\Forms\Aoo8ptanoe of Public Improvements (City) 3/9/98 PWM14-62TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION This agreement is made on the /yy^^^ day of • 2014, by the City of Carisbad, California, a municifjaf corporation, (hereii^er cajn?3 "City ), and Scott Fence, a sole proprietorship, whose principal place of business is 1255 Distrjpdtion Way, Vista, CA 92081 (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 Carisbad 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: City Inspector or city designee. PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carisbad 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 Carisbad 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. FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION Page 1 of 7 City Attorney Approved 2/7/13 PWM14-62TRAN 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 Carisbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: subcontractor from particip REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, 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 Carisbad 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, directiy 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within fifteen (15) working days after receipt of Notice to Proceed. FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION Page 2 of 7 City Attorney Approved 2/7/13 PWM14-62TRAN CONTRACTOR'S INFORMATION SCOTT FENCE 1255 DISTRIBUTION WAY (name of Contractor) (street address) 581918 VISTA, CA 92081 (Contractor's license number) (city/state/zip) C13, B (760)598-0070 (license class, and exp. date) (telephone no.) Expires 11 -30-15 (760) 598-0098 (fax no.) scottfencewefence@yahoo.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 CITY OF CARLSBAD, a municipal corporation SCOTT FENCE, a sole proprietorship of the State of California (sign here) Aspjptant City Manager, Deputy Cfty^Manogef- By: or Department^fictoF-^ Kent Scott / Sole Proprietor - Owner as authorized by the City Manager (print name/titie) Jim Howell See Attached California All-Purpose Acknowledgment / JuratT" (sign here) Copy Certifjcatlon- (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be s gned by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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. BRE^yEF^ City Attomey BY: FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION Page 3 of 7 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia Coimty of -f^QL-n On JtAi .aolM before me, P• (J , Pbl/^^ |^ - A/^-R^ J^.^Ur^ - I '• (Here insert name and title of ihe officer) personally appeared v5f-] |l.-^rm frp vnh .SVntt • who proved to me on the basis of satisfactory evidence to be the person(^whose name^ef is/»^subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie^ and that by his/her/their signature^sjon the instrument the person(5)f or the entity upon behalf of which the personj^icted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) OFFICIAL SEAL P. U, PARIKH NOTARY PUBLIC-CALIFORNlAg COMM. NO. 2022903 " SAN DIEGO COUNTY MYCOMM. EXP. MAY 2, 2017 1 j ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attaclied document) (Title or description of attaclied document continued) Number of Pages Docuinent Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Tmstee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate aclmowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and Coimty information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notaiy public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the Dame(s) of document signer(s) who personally appear at the time of notarization. ' '•' • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Aejv is fee ) or circling the correct forms. Failure to correctly indicate this infomiation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a different document. • Indicate title or type of attached document', number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 581918 DISCLAIMER: A license status check provides information tal^en from the CSLB license database. Before relying on tliis information, you should be aware ofthe 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 ^ Extract Date 6/24/2014 SCOTT FENCE Business Phone Number: (760) 598-0070 ^ 1255 DISTRIBUTION WAY VISTA, CA 92081 Sole Ownership 11/29/1989 11/30/2015 ACTIVE This license is current and active. All information beiow should be reviewed. CLASS DESCRIPTION C13 FENCING B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with SURETEC INSURANCE COMPANY. Bond Number: 5131341 Bond Amount: $12,500 Effective Date: 01/24/2012 Contractor's Bond History Workers' Compensation https://www2.cslb.ca.gov/OnlineServices/ClieckLicensell/LicenseDe... 6/24/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 WORKERS' COMPENSATION This license has workers compensation insurance with REPUBLIC UNDERWRITERS INSURANCE COMPANY Policy Number: ATW00248101 Effective Date: 06/01/2014 Expire Date: 06/01/2015 Workers' Compensation Historv Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 6/24/2014 PWM14-62TRAN 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 Total % Subcontracted: FARIVIER'S MARKET REIVIOVABLE BOLLARD INSTALLATION Page 4 of 7 City Attorney Approved 2/7/13 PWM14-62TRAN EXHIBIT B Installation of thirteen (13) city-provided removable bollards on State Street in accordance with attached plan and manufacturer's installation specifications. JOB QUOTATION ITEIVI NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Installation of thirteen (13) city-provided removable bollards on State Street in accordance with attached plan and manufacturer's installation specifications. $26,000 TOTAL* $26,000 'Includes labor, equipment, transport, mobilization, prep work, utility mark-out, traffic control, taxes, fee's, expenses and all other costs. FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION Page 5 of 7 City Attorney Approved 2/7/13 VEHICLE DESIGN STATIC LOAD "P AT 27 INCHES ABOVE GRADE (NTS) INSTALL TOP OF CONCRETE AND ANCHOR POST AT GRADE USE NOTED PIER "D"^ DIAMETER SONOTUBE IF NEEDED TO AVOID CAVE IN AT TOP ROUND POST ANCHOR- SLEEVE BY \ TRAFFICGUARD 4,000 PSI CONCRETE PIER AT NOTED DIAMETER & HEIGHT #4 VERTICAL REBAR / AT NOTED QUANTITY \ X N & LENGTH. •FRESH POURED CONCRETE PIER SHALL BE PROTECTED FROM FREEZING FOR 14 DAYS AND WILL REACH DESIGN STRENGTH AFTER 28 DAYS EARTH PRESSURE Q MAX PSF PVC DRAIN PIPE - AT LENGTH FROM ROCK TO BOLLARD AT DIAMETER TO MATCH BOLLARD #3 REBAR HOOP — TIES AT THE NOTED PIER DIAMETER MINU 4" WITH 12" TIE LAP INSTALLED AT 2" CLE^ , FROM TOP & BOnOM \ OF PIER AS SHOWN \ 3 INCHES MIN. THICK ROCK FRENCH DRAIN PIER BASE. A DIM LOAD STRESS DIAGRAM PIER ELEVATION SECTION NOTE REFER TO RPAS-2 FOR THE ANCHORAGE SYSTEM DIMENSIONS, DESIGN LOADS, REBAR SIZE, QUANTITIES, AND OTHER DESIGN DATA. This Drowing shall not be used nor reproduced except when authorized in writing by TrofficGuord ROUND POST BOLLARD RPAS PROJECTION L.J Toll TrafficGuard® Free p.Q. Box 201, Geneva. IL 60134 ANCHORAGE SYSTEM ASSEMBLY Do not scale from drawing Toll TrafficGuard® Free p.Q. Box 201, Geneva. IL 60134 3 _ Action by Bus: 1.0//./Z/./09/ rax: i.ou 2 — — — Mgn wkz Dwg. Scole: nts Assembly Shipping Weight Varies per Model Drawing Number RPAS-1 1 _ Drawn wkz Copywrite: 2010 Assembly Shipping Weight Varies per Model Drawing Number RPAS-1 by Description Chtclwd wkz DwQ. Size: Letter Drowing Date: 1 2.10.10 Sheet: 1 of 2 tl/62/t 6i«p-spjO||oa laajts ams/wi,yi/a\too}n\t/uo]sm,a oijjojj/uonovodsuoji/:(3 Bond #4360768 Premium $254.00 PWM14-62TRAN EXHIBIT C LABOR ANO MATERIALS BOND WHEREAS, the City of Carlsiaad, State of California, has administratively awarded to Scott Fence (hereinafter designated as the "Principal"), a Contract for: FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION in the City of Carlsbad, in strict conformity vwth the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute said Contract and the terms thereof require the fumishing of a bond, providing that if Principal or any of its subcontractors shall fail to 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 fbrth. NOW, THEREFORE, WE, SCOTT FENCE, as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Six Thousand Dollars ($26,000), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the temns of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the perfonnance 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 fbr amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withhekl, and paid over to the Emptoyment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the 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 court consistent with Califomia 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 their 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, or 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. FARMER'S MARKET REMOVABLE BOLLARD I NSTALLATION Page 6 of 7 City Attorney Approved 2/7/13 In the event that Contractor is an individual, it is agreed that the death of any such Contractor exonerate the Surety from its obligations under this bond. v-oniracior Executed by CONTRACTOR this day PWM14-62TRAN shall not day 21 of 2014 CONTRACTOR: Scott Fence Executed by SURETY this. of July ik^'^ SURETY: SureTec Insurance Compatiy (name of Surety) 3033 Sth Avenue Suite (Sign here) (print name here) (title and organization of signatory) (sign here) (print name here) (address of Surety) 1-800-288-0351 300 San Diego, CA a2103 (telephone number of Sur ety) (signature of(^ttomey-in-i fact) Orvill Leroy Newton (printed name of Attomey-iriFact) (attach corporate resolution shovwng lurrent power of attorney) •) (title and organization of signatofy) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attache^ t^lfT' °''J''^Pr®sident and secretary or assistant secretary must sign fbr corporations. If bnly officer s gns, the corporation must attach a resolution certified by the secretary or assistant secrets iry corporate seal empowenng that officer to bind the corporation.) ' APPROVED AS TO FORM: CELIA A. BREWER CityAttpi By. Assistant City Attomey FARMER'S MARKET REMOVABLE BOLLARD INSTALLATION Page 7 of 7 City Attorney Approw sd 2/7/13 one under CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Saxv Di Onrf,Jxf '2<]^2.nm beforeme, P. 0 • Vhunt^JL - f\[rfl-^>^ Pt^Ut ' (Here insert name and title of the/fficer) personally appeared who proved to me on the basis of satisfactory evidence to be the person,(8^hose name(fsfis/^3f^subscribed to the within instrument and acknowledged to me that he/shc/they executed the same in his/her/their authorized capacity(icgX by his/hev/thek signature^g^n the instrument the person(s)7'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 Cahfomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. )licV^ Signature of Notaiy PublicV (Notary Seal) 1 OFFICIAL SEAL P. U, PARIKH NOTARY PUBLIC-CALIFORNIA S COMM. NO. 2022903 5? SAN DIEGO COUNTY MYCOMM.EXP. MAY2, 2017 J ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attaclied document) (Title or description of attached document continued) Number of Pages Document Date T j Z\( I'-I (Additional infonnation) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) , • Attomey-ia-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate aclmowledgment form must be properly compleied and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • •.. • • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they, is /»e ) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notaiy public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document^ number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tifle (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego July 21, 2014 On personally appeared Orvill Leroy Newton before me, Terry L. Salazar, Notary Public who proved to me on the basis of satisfactory evidence to be the personp^ whose name^ ([Ts^qpje subscribed to the within instrument and acknowledged tome that(Sl](sh^/th>^ executed the same irChj^/IW/th^ authorized capacity(isi$), and that b^Jij^Jh&f/tlaeflr signature(^on the instrument the person(SO, 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. WITNESS my hand and official seal. CUAnJU.L. •Mil-la^ Terry L. Salazar TfWIVL. SALAZAR CommisiiM # 2042S75 NMiry PuMc •CaHtornia | San Oiago County \ liil»Cowini.BHaaOet2l.20i7t (Seal) OPTIONAL Ttiough the information below is not required by law, it may provide valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this for to another document Description of Attached Document Title or Type of Document: Document Date: Labor and Material Bond 7/21/14 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Orvill Leroy Newton • Individual • Corporate Officer Title(s): • Partner - • Limited • General ^ Attorney-in-Fact • Trustee O Guardian or Conservator • Other Signer's Name: n Individual • Corporate Officer Title(s): Signer Is Representing: • Partner - • Limited • General • Attorney-in-Fact • Trustee • Guardian or Conservator • Other Signer Is Representing: POA #: 510045 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Orvill Leroy Newton, Barry K. Moore its true and lawful Attomey-in-fiact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fiilly and to the same extent as if such bond were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2015 and is made xmder and by authority of the following resolutions ofthe Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary cr any Assistant Secretary shall be and is hereby vested with full power and autiiority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name ofand of behalf ofthe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon fte Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized oflScer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on Itf" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto afSxed this 21st day of March, A.D. 2013. ^»".««,«^ SURETEC INSURANCE COMPANY State of Texas County of Harris ss: On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal afSxed to said instrument is such corporate seal; that it was so affixed by order ofthe Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO I \ Notary Public State ot Texas *^or^ My Comm. Exp. 5/18/2017 1 a Jacquelyn Maldonado, Notary Public My conunission expires May 18,2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions ofthe Board of Directors, set out in the Power of Attomey are in full force and effect. 21 day of J"ly „ 2014 , A.D. Given under my hand and the seal of said Company at Houston, Texas this Brent Beaty, Assistant Secretary Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.