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2016-01-19; City Council; 22193; Appropriation of Funds in the Amount of $841,000 to Address Local Emergency Repair and Stabilization of a Roadfill Failure on Carlsbad Boulevard
CITY OF CARLSBAD-AGENDA BILL 1 AB# 22,193 APPROPRIATION OF FUNDS IN THE AMOUNT OF $841,000 f--D-A_T_E -01_/_.:._19_/_16--------J TO ADDRESS LOCAL EMERGENCY R E PAl R AND f-C~IT:::..:_Y~A_:____::_"-'---=::::;~~:....-,--.---1 STABILIZATION OF A ROADFILL FAILURE ON CARLSBAD DEPT. PW-TRANS BOULEVARD CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2016-012 appropriating funds in the amount of $841,000 from the Gas Tax Fund to address local emergency repair and stabilization of a roadfill failure on Carlsbad Boulevard. ITEM EXPLANATION: On Dec. 15, 2015 the City Council adopted Resolution 2015-314 to declare a local state of emergency caused by severe storms and associated tidal action beginning on or about Dec. 11, 2015 that led to the subsequent failure of roadfill along Carlsbad Boulevard southbound, northerly of Encinas Creek Bridge. Per Carlsbad Municipal Code 3.28.120 the City Manager directed the Public Works department to commence emergency repairs. A contractor, PBA Ltd., was hired and temporary emergency repairs are ongoing to secure the location. A more permanent solution is required to withstand potential future impacts, remediate the road condition and re-open lanes on Carlsbad Boulevard. Staff is continuing to evaluate options to restore the roadway to its original condition, and is pursuing the anticipated necessary permits for implementation. An engineer's estimate has been prepared for a total of $841,000 to address the permanent solution. FISCAL IMPACT: Engineer's estimate for proposed permanent solution: $97,000 $660,000 $84,000 This estimate includes the temporary emergency work completed to date. Costs for the initial work completed by PBA Ltd. were originally estimated at $80,000; however repairs have been continually adjusted to better secure the slope and accommodate anticipated tidal changes. Change orders will be submitted to reflect these adjustments and address the total estimated costs incurred of approximately $125,000 to date. DEPARTMENT CONTACT: John Maashoff 760-434-2980 john.maashoff@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED D Local Emergency Repair on Carlsbad Boulevard January 19, 2016 Page2 of2 Staff is requesting an appropriation of $841,000 in the Gas Tax Fund. There are sufficient funds available in the Gas Tax Fund for this appropriation. There is the potential for partial reimbursement of these costs from either state and/or federal agencies. Staff is pursing these possible reimbursements with the State of California through the Governor's Office of Emergency Services ("CaiOES"). CaiOES works with all state and federal agencies to identify and determine any possible reimbursement opportunities. It is unclear at this time to what extent, if any, the city would be reimbursed. ENVIRONMENTAL IMPACT: The temporary emergency repairs are exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15269 Emergency Projects as CEQA does not apply to actions necessary to prevent or mitigate an emergency. The slope repair is an emergency as it is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. The City Planner filed a Notice of Exemption with the County of San Diego on Dec. 17, 2015. Plans for a proposed permanent solution to restore the roadway to its original condition will be subject to all applicable and appropriate permitting and environmental review processes to ensure CEQA compliance. EXHIBITS: 1. Resolution No. 2016-012 2. Contract No. 6063, Carlsbad Boulevard 2015 Emergency Rip Rap Repairs. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2016-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROPRIATE FUNDS IN THE AMOUNT OF $841,000 TO ADDRESS LOCAL EMERGENCY REPAIR AND STABILIZATION OF A ROADFILL FAILURE ON CARLSBAD BOULEVARD. EXHIBIT 1 WHEREAS, on Dec. 15, 2015, the City Council of the City of Carlsbad adopted Resolution 2015-314 to declare a local state of emergency caused by severe storms and associated tidal action beginning on or about Dec. 11, 2015 that led to the subsequent failure of roadfill along Carlsbad Boulevard southbound, northerly of Encinas Creek Bridge; and WHEREAS, per Carlsbad Municipal Code 3.28.120 the City Manager directed the Public Works department to commence temporary emergency repairs; and WHEREAS, the Public Works department has hired a contractor to complete temporary emergency repairs; and WHEREAS, a more permanent solution is required to withstand potential future impacts, remediate the road condition and re-open lanes on Carlsbad Boulevard; and WHEREAS, an engineer's estimate has been prepared that indicates the total cost to restore the roadway to its original condition is approximately $841,000; and WHEREAS, sufficient funds are available in the Gas Tax Fund to fund the project; and WHEREAS, staff has submitted an initial request for reimbursement funding from the State of California through the Governor's Office of Emergency Services ("CaiOES"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. That the Administrative Services Director is authorized to appropriate funds in the amount of $841,000 to the project from the Gas Tax Fund. 1 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of January 2016, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. MATT H�LL, Mayor I ATTEST: (SEAL) CONTRACT PUBLIC WORKS PWS16-60FAC CARLSBAD BLVD 2015 EMERGENCY RIP RAP REPAIRS CONTRACT NO. 6063 This agreement is made this J1l:. day of Jo.AVO..VJ:f , 2016, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Planes, Boats and Automobiles. LTD. (PBA) whose principal place of business is 800 Grand Ave. Unit A-9. Carlsbad. CA 92008 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents, including Exhibit "A", for: CARLSBAD BLVD 2015 EMERGENCY RIP RAP REPAIRS CONTRACT NO. 6063 (hereinafter called "project"). 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Designation of Sub- contractors, Specifications, addendum(s) to said Specifications and General Provisions, Exhibits "A", "B" and "C", and all proper amendments and changes made thereto in accordance with this Contract and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of the 2015 edition of the Standard Specifications for Public Works Construction (GreenbooJ<). The En- gineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. PWS16-60FAC 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor- mation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. PWS16-60FAC 9. Indemnification. 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 evr;;ry kind, nature and description, directly or indirectly arising from or in connec- tion 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 relating 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. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A} Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employ- ees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and com- pleted operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate doc- uments attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. PWS16-60FAC b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em- ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. {C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (1 0) days' prior written notice has been sent to the City by certified mail, return receipt requested. {D) Deductibles And Self-Insured Retention {S.I.R.) Levels. Any deductibles or self-insured reten- tion levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. {E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. {F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in- surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. {H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. {I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac- cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is in- cluded in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Gov- ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. PWS16-60FAC (A) Assertion of 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. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. 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. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. 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. (F) Carlsbad Municipal Code. 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. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an- other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. 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. I have read and understand all provisions of Section 11 above. _@_ init ;#-in it 12. Maintenance of Records. Contractor shall main~ain and make available at no cost to the City, upon request, records in accordance with sections 177,6 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. \v 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION! BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER City Attorne'------.._ By: ~~L~ Assistant City Attorney 1A:fuiJ \\ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 ~D\\::?to ) ) .n II"\~" LhJI( 11... ~ r h ~ ~ ;e !.~r:> • I ""'f~ f--'tc?vv.-On 7tO ""'.,.....,.....n,."<i -before me, vf~T?:o. • Nv ':"\, · • Date Here Insert t:i,ame and Title of the Officer \~ l~ 041-"~=1' ~~~ f:1"'1 ff' ~ 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) Ware subscribed to the within instrument and acknowledged to me that h~/s~e/they executed the same in l"ljtlh~r/their authorized capacity(ies), and that by hi~/h9r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL DAI"\Ei\1 \/,~SS . :\IC~tL\RY [.:JUf3LIC,.,G.~ .. L!FORNiA ~ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. COfVif\/L J>.i(l" ~:08?484 ~ Sf\1\J DlfJ:::10 COUNTY Signature_--\---+--,.,e;----------- MY GOiVIM. EXP. l\!0\f 21, 2018 Place Notary Seal Above ----------------------------opnoNAL---------------------------- 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:------------ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited D General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:--------------Signer Is Representing: ________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ---'----- 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association o www.NationaiNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" Carlsbad Boulevard 2015 Emergency Rip Rap Repairs Description of Work Contractor shall provide all labor, equipment, and materials necessary for the installation of rip-rap revetment rock at the toe of the slope/roadbed of westerly Carlsbad Boulevard imme- diately north of Encinas Creek. All work to be in accordance with the City of Carlsbad Engineering Standards and the latest edition of the State of California Standard Specifications. The anticipated work is generally described as follows: • Contractor shall assume all responsibility for location and avoidance or repair of all under- ground utilities, including, but not limited to, gas, water, electric, cable TV, telephone, sani- tary sewer, and storm sewer. If the contractor fails to adequately protect the utilities, any re- sulting damage shall be repaired at Contractor's cost • Contractor shall assume all responsibility for safety during performance of the work. Excava- tions shall be shored and workmen protected in accordance with OSHA and all other applica- ble federal, state, and local regulations. Contractor shall conform to the rules and regulations of the State Construction Safety Orders pertaining to excavation and grading. • Procurement and delivery of rip-rap revetment rock of varying weights, generally between 2 and 6 tons per piece. Total quantity of rock anticipated to be installed is approximately 900 tons. All rock shall be sound, durable, hard, free from laminations or cleavages, and of such character that it will not disintegrate from the action of air, sea water, or the conditions to be met in handling and placing. All stone shall be angular quarried material and stone shall have the greatest dimension not greater than 3 times the least dimension. • Placement of rock: All rock shall be placed under the direction of the City inspector. Rocks shall be carefully placed, keyed and set by placing or relocating with an excavator or similar approved equipment. In general, the longitudinal axis of each outer stone shall be normal to the axis of the revetment and shall slope downward toward the toe of the revetment. • Copies of scale tickets or records of weights including displacement weight data, shall be submitted to the Engineer during the progress of the work. Each scale ticket or record shall include the gross, tare, dunnage and net weight of stone. The weight of dunnage for each load will be determined, recorded and certified by the Engineer. Copies of scale tickets and/or receipts shall accompany each load of stone for all methods of transportation and a copy shall be delivered to the Engineer on delivery of the stone. Before the final payment is made, the Contractor shall We with the Engineer certified scale tickets or certified records for all stone used in the construction covered by the contract. PWS16-60FAC EXHIBIT B MEASUREMENT AND PAYMENT The City will compensate the contractor for directed emergency repair work in accordance with the following schedule: RATES: 330 excavator with operator & fuel. $3,000.00/day Laborer $90 per hour Supervisor w/ truck $125 per hour Revetment Rock $51.75/ton (delivered) All unforeseen or additional work will be performed on a time and material basis. A markup for all overhead and profits of 15% shall be added to the contractor's materials costs on unforeseen or ad- ditional work. Total price for all work, to include taxes, fees, expenses and all other costs, will not exceed EIGHTY THOUSAND DOLLARS ($80,000} unless proper change orders are executed. PWS16-60FAC EXHIBIT C 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. If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., Classification be Subcontracted No. & Cont. Lie. & Expiration Date # _ _... v ~ / /"\ uP~\ C- ~/~ ~"' v / pv.~ s t fu-bo rAe. CE 1151 0700724 LABOR AND MATERIALS BOND ~HEREAS. the City of Carlsbad. California has administratively awarded to Planes. Boats. and <M'tomobiles, lTD. IPBA). (hereinafter designated as the "Principal"), a Contract for: ..... CARLSBAD BLVD 2015 EMERGENCY RIP RAP REPAIRS CONTRACT NO. 6063 ~'l the City of Carlsbad, in strict conformity With the drawings and specifications, and other Contract Qocuments now on file in the Office of the City Clerk of the City of Carlsbad and an of which are i~orporated herein by this reference. WHEREAS. Principal has executed or is about to execute safd Contract and the terms thereof ~quire the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to p~ for any materials, provisions, provender or other supplies or teams used In, upon or about the g~rformance of the work agreed to be done, or for any work or labor done thereon of any kind. the ~rety on this bond wfll pay the same to the extent hereinafter set forth~ · NOW, THEREFORE, WE, Planes. Boats. and Automobiles, L TO. CPBA). as Principal, (hereinafter ®.5ignated as the "Contractor11), and philadelphia Indemnity Insurance Company ·: · . as Surety, are held firmly bound unto the City of ~Jsbad in the sum of eighty thousand dollars ($80.000.00), said sum being an amount equal to: Oile hundred percent (1 00%) of the total amount payable under the terms of the contract by 1he City ¢~:. Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, ~~ecutors and administrators, successors, or assigns, jointly and severally. firmly by these presents. TtfE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors f~J to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about tti.fit performance of the work contracted to be done, or for any other work or labor thereon of any {9J;1d, consistent with California CiVU Code section 9100, or for amounts due under the U.(i,employment Insurance Code with respect to the work or labor performed under this Contract, or '{9.~.any amounts required to be deducted, withheld, and paid over to the Employment Development Q,~partment from the wages of employees of the contractor and subcontractors pursuant to section 1:~0 of the Unemployment Insurance Code with respect to the work and labor, that the Surety wiD P-~ for the same. and, also, rn ease suH is brought upon the bond. reasonable attorney's fees, to be ~d by the court consistent with California CMI Code section 9554. 'T,:Q.is bond shall inure to the benefit of any of the persons named in California Civil Code section 9.1,QO. so as to give a right of action to those persons or their assigns in any suit brought upon the bond. ··.::'\_:~~ $~:~,rety stipulates and agrees that no change, extension of time, alteration or addition to the terms of tti:fi Contract, or to the work to be performed hereunder or the specifications accompanying the same $hSII affect its obligations on this bond, and It does hereby waive notice of any change, extension of tiffi~. alterations or addition to the tenns of the contract or to the work or to the specifications. ·.'. ~t6.l. 6Z.l. 09.l. OiiJ.Ill\lll 'o'Qd Blv:oL QL gzoea , \\J la the event that Contractor is an individual, It is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. ~xecuted by CONTRACTOR lhls 30th ~,•Y of December CONTRACTOR: .: 20.22._. ~lanes Boats & Automobiles, Ltd. (PBA) (~me of Contractor) __, ""'--~~ ./ .?-' (sign here) f'Z ,._ V F\: vt:--:$ (print name here) f(?~J I;<:' (j:..,7 Sf F'CA \."t.; (print name here) V ~sis~ Executed by SURETY this __ 30-th...._ __ day of_--:D:;..;e;.;:;c.;;.;em..,.b-e;.;...r _____ ..J 20.!L.. SURETY: Philadelphia Indemnity Insurance Company (name of Surety} One Bala Plaza, Suite 100 Bala Cynwynd, PA 19004 (address of Surety) By: Steven A. Swartz (printed name of Attomey-ln·Fact) (attach corporate resolution showing current power ofattomey) (~(!)per notarial acknowledgment cf execution by CONTRACTOR and SURETY must be attached.} (~J;:&Sident or vice-president and secretary or assistant secretary must sign for corporations. If only one officer 'JQ,!lS, lhe corporation must attach a resolution certified by the secretary or assistant secretary under corporate ~~empowering that officer to bind the corporation.) . A.P.PROVED AS TO FORM: ,'•,•,"'•' Ci.LIA A. BREWER G,lt:Y Attorney .. ,. ;I"~;. ijy,; ( //e~~?t, .-·.· · As~ City Attorney Dq;i£.0 '£LBL6U091. 03.LIIflll1 V8d e~:oL s1. gzoea California All-Purpose Certificate of Acknowledgment 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 ~Owra:~.~.nJ.l:;gJ.Ce.__ __________ _ s.s. On December 30th 2015 before me, Cassandra Fisher, Notary Public personally appeared __,.s""te....,v"""e""'"n-"'A......,.S""w"""a...,rtz..__ __________________ _ N/A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity(ies), and that by his/~ 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. WITNESS my hand and official seal. CASSANDRA FISHER Commission# 2121476 < Notary Public -California ~ z ~ z Orange County ... t .. ;; V® eMl~oTru·£xgir;sj~3J}%1%~ OPTIONAL INFORMATION ------------ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ Payment Bond -PBA-City of Carlsbad containing _2_ pages, and dated December 30th, 2015 The signer(s) capacity or authority is/are as: [j lndividual(s) l&l Attorney-in-fact [] Corporate Officer(s) -------------- [J Guardian/Conservator D Partner-Limited/General [J Trustee(s) f::i Other:----------------- representing: .:...:.=:::.::..:JI:.'-"-:::....:..;.:..::.:c;_;_:_:::.:..::L..:.:..:.;~c:.::;_;.;~;::_:;_;..:..:.c=.;.,r.._ Proved to me on the basis of satisfactory evidence: form(s) of identification credible witness(es} Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other fJ Signer(s} Thurnbprints(s) ! I- I: 1- PIDLADELPIDA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 7226 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Lorie Mandel, and Nicki Swartz, Michael Herranen and Thomas C. Buckner of the City of San Oemente, State of California of South Coast Surety, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course ofits business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Atlomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indenmity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it TI1at the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE TillS lOTH DAY OF JUNE 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity h1surance Company On this lOU> day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: BaJa Cvnwyd. PA (Notary Seal) My commission expires: December 18 2016 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this lOTH day of June 2013 true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this '2() +±:-·~· · II -j ( v · dayo tCzAo7(~.2o~. Edward Sayago, Corporate Secretary PIDLADELPIDA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notaty 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 <;;~ 0~~1 ) On "1>o O~"l.Otbbefore me, --~--~_11 -~-"'--;:-_N_tJ_~ _ _.__P~_, ______ _ Date Here Insert Name and Title of the Officer personally appeared __ ..... ___,_~_i_FI_·~~>---"~---~-' ·-~-~_b_o_· ~ _ ___,:(,______-_________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ~/sl;te/they executed the same in hit/her/their authorized capacity(ies), and that by hiMher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. ------------------------------oPnONAL----------------------------- 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:------------ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual D Attorney in Fact 0 Trustee D Guardian or Conservator 0 Other: _____________ _ Signer Is Representing: ________ _ Signer's Name:------------ 0 Corporate Officer -Title(s): ----'----- 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:------------- Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 pWo;(lc ... bO'fAC.. CE1151 0700724 Premium Amount $2,800.00 FAITHFUL PERFORMANCE/WARRANTY BOND ~HEREAS, the City of Carlsbad, CaJifomia has administratively awarded to Planes. Boats. and Automobiles. L TO. (PSAl. (hereinafter designated as the "PrincipaP'), a Contract for: CARLSBAD BOULEVARD 2015 EMERGENCY RIP RAP REPAIRS CONTRACT NO. 6063 i!l. the City of Carlsbad, in strict confonnlty with the contract. the drawings and specifications, and 9tf1er Contract Documents now on file In the Office of the City Clerk of the City of Carlsbad, all of W,:!'lich are incorporated herein by this reference. W,HEREAS, Principal has executed or is about to execute said Contract and the terms thereof ~uire the furnishing of a bond for the faithful performance and warranty of said Contract; ~pW, THEREFORE, WE, Planes, Boats and AutomobilesJ L TO. (PBA), as Principal, (b.erefnafl:er designated as lhe "Contractor"), and 'pbi!ad~lphia Indemnity Insurance Company > , as St,lrety, are held and firmly bound unto the City of Carlsbad, itl;··the sum or eighty thousand dollars ($80,000), said sum being equal to one hundred percent (1,90%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its s.i:lpcessors and assigns; for which payment, wetl and truly to be made, we bind ourselves, our heirs, ~~!'CUtors and administrators, successors or assigns, jointly and severally. firmly by these presents. 'tJ;:IE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their l;J•jrs, executors. administrators, successors or assigns, shall in all things stand to and abide by, and ¥/.~11 and truly keep and perform the covenants, conditions, and agreements in the Contract and any ~!~ration thereof made as therein provided on their part, to be kept and performed at the time and in ~9~ manner therein specified, and in all respects according to 1heir true intent and meaning, and ~h.~ll indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as tb~rein stipulated, then this obligation shall become null and void; otherwise it shall remain in full (9[.:~ and effect. :· ', A~ a part of the obligation secured hereby and in addition to the face amount specified therefore. ttiere shall be Included costs and reasonable expenses and fees, including reasonable attorney's te·e:S, incurred by the City In successfully enforcing such obligation, all to be taxed as costs and lribluded in any judgment rendered . ... ~ .. ;·. eurety stipulates and agrees that no change, extension of time, alteration or addition to the tenns of tJ:ie' Contract, or to the work to be perfonned there under or the specifications accompanying the ~&e shall affect its obligations on this bond, and it does hereby waive notice of any change, e~nslon of time, aJtemtlons or addition to the terms of the contract or to the work or to the ~~:cificaHons. hSLSZ1.09.l. O::J.liiAJI1VCd 1;09i:-: o 1. s L oz ooa 1-\ lo the event that ContraGtor is an indiVIdual, It ls agreed that the death of any such Contractor shall 0.9t exonerate the Surety From its obligations under this bond. ~ecuted by CONTRACTOR this 30th ~~y of December • 201.§__. ~pNTRACTOR: Planes Boats & Automobiles, Ltd. (PBA) .. ,,., (name of Contractor) ~ o/~n~ ~-u\b.: ~6-l"\ \.-., ;.: •• ••',r (print name here') (sign here) RAY Fi~ (print name here) ffl<F.:;~J,o~"'\' :nt PB!t vi'"- o···(Title and Organization of signatory) Executed by SURETY this 3oth day of ----~P~e~ce~m~b~er~----------~·20~ SURETY; Philadelphia Indemnity Insurance Company (name of SUrety} Q.o.e Bala Plaza, Suite 100 Bala Cynwynd, PA 19004 (address of Surety) Steven A. Swartz (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (~..typer notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (8~kJent or vice-president and secretary or assistant secretary must sfgn for corporations. If only ~P.~ officer signs, the corporation must attach a resolution certified by the secretary or assistant s'@.~retary under corporate seal empowering that officer to bind the corporation.} '.• .···. hBl6Zl09l 03liiAII1V8d esv:o L g L gz oea -r: California All-Purpose Certificate of Acknowledgment 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 Countyof~Owrn~n~g~e~---------------------s.s. On December 30th 2015 personally appeared ___..s..,te..,v ..... e"-'n-"A:u.._,S'""w ..... ai.Urt .... z __________________________ _ N/A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/bu!dheJK authorized capacity(ies), and that by his/~ir 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. WITNESS my hand and official seal. c~·£----- Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of--------- Performance Bond -PBA-City of Carlsbad containing ___2_ pages, and dated December 30th, 2015 The signer(s) capacity or authority is/are as: [] lndividual(s) ~ Attorney-in-fact 0 Corporate Officer(s) -------------- L] Guardian/Conservator CJ Partner-Limited! General [J Trustee(s} CJ Other:----------------- representing: .:...:..:===:::..:.:.=.:.:.::..::.::L.::..:.::.:;.;.;=.:.::.;:__:::.=.:.:.:.c.::::.:.!~ CASSANDRA FISHER ~ Commission# 2121476 ~ ~ • Notary Public -California ~ z Orange County .~ _ J. ••••• Ml~oT'!:·zxpir;sjuJ :W-}~1;( Proved to me on the basis of satisfactory evidence: [J form(s) of identification [J credible witness(es) Notarial event is detailed in notary journal on: Page# __ Entry# __ Notary contact: ________ _ Other Additional Signer [i Signer(s) Thumbprints(s) ,:·:--;oh '< -.. PIDLADELPHIA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 7225 KNOW ALL PERSONS BY THESE PRESENTS: That PIDLADELPIDA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Lorie Mandel, and Nicki Swartz, Michael Herranen and Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, Ulldertakings, recognizances and other contracts of indenmity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an arnoUilt not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile Ullder and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the Presidt:~lt or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of inde!llllity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any tinle, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsinlile seal shall be valid and biding upon the Company in the future with the respect to any bond or U11de1taking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS lOTH DAY OF JUNE 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia h1demnity Insurance Company On this 1 O'h day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his sil:,'llature were duly affixed. Notary Public; residing at: Bala Cvnwvd. PA (Notary Seal) My commission expires: December 18 2016 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued purstJant thereto on this lOTH day of June 2013 true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, •A :; -) f 1--;--.,1 . ~ . ·; . ,..~ 1n TestinlonyWhereofihave subscribed my name and affixed the facsimile seal of each Company this () [. day of )tt:~M IJf(, 20 f.; .. Edwat·d Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALLaPURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Californ~al . . . ) County of S.lll"?itliv ) On '1{1 ()~~"'2.. \ r before me,~AZ.J \1~~ ~~(;AJ'4j ~ Date . :::::.1 . _ _ {:;e1e lnse~.Name and Title of the Officer personally appeared ,.,.,.-\i...0J:ilf~ Qq~~--'( Ar'· f-Jl1 M\4-& Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j%/are subscribed to the within instrument and acknowledged to me that h¢/sl)e/they executed the same in hil¥h~/their authorized capacity(ies), and that by hi$1'h~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFiCIAL SE,~,L DAii.Ef·J \f.I>..SS 1\!0T/\RY PUEli..IC·GI\L!FClFlNIA ~ <.~C~tlliVi .. Nt)~ 20137434 .!... S/\t,i DlE(~() COUNTY MYGOiViM. EJr:P. NOV. 2·1. 2018 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. d official seal. ------------------------------OPTIONAL----------------------------- 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:------------ 0 Corporate Officer -Title(s): _____ _ 0 Partner - D Limited 0 General 0 Individual D Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------------- Signer Is Representing:--------- Signer's Name: ___________ _ 0 Corporate Officer -Title{s): ______ _ D Partner - 0 Limited D General D Individual D Attorney in Fact D Trustee 0 Guardian or Conservator D Other:------------- Signer Is Representing: --------- • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907