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HomeMy WebLinkAboutAll Star Services Corporation; 2010-01-15; PWS10-24ENGPWS10-24ENG CONTRACT PUBLIC WORKS STORM DRAIN REPAIR BETWEEN LA COSTA AVENUE AND GIBRALTAR STREET CONTRACT NO. 6607 This agreement is made this / ^ _ day of _ _L k£^ix/u*^-x^. -- _ , 20_/£, by and between the City of Carlsbad, California, a municipal coloration, (hereinafter called "City"), and ALL STAR SERVICES CORPORATION whose principal place of business is 12250 El Camino Real, San Diego, CA 92130 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work necessary to repair a storm drain and associated catch basins between La Costa Avenue and Gibraltar Street, all in accordance with the Contract Documents and the direction of the City. 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. The Contractor shall provide a Labor and Materials Bond as specified in Exhibit "A", PROJECT REQUIREMENTS. 3. Contract Documents. The Contract Documents consist of this Contract and all Exhibits, the Special Provisions, and Labor and Materials 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 indicated, 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 3-3 TIME AND MATERIAL WORK and Section 9-3 PAYMENT as specified in the attached Special Provisions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The total fee to the Contractor shall not exceed $38,597 without an approved amendment to this contract. The contractor will be compensated on a time and material basis in accordance with labor and equipment rates shown in Exhibit B. In the event that equipment being utilized is not included in the rate sheet, rates will be negotiated using the procedures specified in Section 3-3 of the attached Special Provisions. 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 information 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. m& Revised 11/01/06 Contract No. 6607 Page 1 of 9 Pages 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 III 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 required 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 1101-1525) 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. 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. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. 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 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 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. Revised 11/01/06 Contract No. 6607 Page 2 of 9 Pages 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 Contractor, 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: $1,000,000 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 employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 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. 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 respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed 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 documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. 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, employees 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. Revised 11/01/06 Contract No. 6607 Page 3 of 9 Pagesv (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 (10) 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 retention 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 insurance 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 accordance 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 included 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 20104.2(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 Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (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. f\ m^ Revised 11/01/06 Contract No. 6607 Page 4 of 9 Pages (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 another 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 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 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 established 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. 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. Revised 11/01 /06 Contract No. 6607 Page 5 of 9 Pages 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) CONTRACTOR: All Star Services By: (name of Contractor) (sign here) Tom Lamarv - Vice President (print name and title) CITY OF CARLSBAD a municipal corporation of the StaJ#Df Califorrwa - > '^TV^T^ '. ^^< Circy Manager 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: RONALD R. BALL City Attorn^ By: Deputy City Attorn Revised 11/01/06 Contract No. 6607 Page 6 of 9 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, Here Insert Name and Title of the Officer ~ j Name(s) of Signer(s) EILEEN SARTINSKV Commission * 1815785 Notary PuWic - California San Diego County My Comm. Expires Oct 3.2012 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 ho/ohe/they executed the same H=I hi3/her/their authorized capacity(ies), and that by his/hw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature'of^fotar•y Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: LJ Individual ; 1 Corporate Officer — Title(s): H Partner — I 1 Limited H General L] Attorney in Fact LJ Trustee I~ Guardian or Conservator : ! Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: _ Signer's Name: D Individual D Corporate Officer — Title(s): LI Partner — D Limited L General H Attorney in Fact C Trustee I] Guardian or Conservator . i Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" PROJECT DESCRIPTION STORM DRAIN AND SINKHOLE REPAIR BETWEEN CAMEO ROAD AND EL CAMINO REAL Bond Requirements The Contractor shall provide a bond to secure payment of laborers and material suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions Section of this Contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceeded the liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. Project Requirements Perform storm drain and catch basin repair per letter dated December 9, 2009 attached, hereto. m¥ Revised 11/01/06 Contract No. 6607 Page 9 of 9 Pages ALL STAR SERVICES CORPORATION 12/9/2009 City of Carlsbad, Attn : Sherri Howard Our bid for die repair to die 2 sections of bad storm drain are based on a concept of demoing die tops of the 2 storm drain B boxes down to approximately top of die 42inch cmp pipe. We will dieii install 30 inch hdpe pipe into die existing deteriated 42 inch pipe. Shape die ends of the pipe into die boxes widi concrete slurry per regional standards. Then replace die tops of B boxes with new concrete and ladder stairs. We will reuse existing manhole lids and re-pour into die new tops. We are including removing die large eucalyptus tree down to its stump, (no grinding of stump included). Clear and grubbing die region we are working in only. All dewatering as required . Setting up BMPs as required and needed. Wages are based on non-prevailing We feel it's necessary to high pressure grout the circumference of die pipe using grout tubes, and high pressure grout pump. This will ensure all voids completely are filled around die pipe and into all the regions diat have already corroded. I have also included in the grouting filling the extremely large ( 2-3 yard) hole that is present over die top of the pipe at die very lower north end. We will use slurry for diis large hole This work will ensure longevity of die entire system. BASE BID 29,590.00 HIGH PRESSURE GROUTING/ CAVITY FILLING (add) 6,875.00 CCTV AT END OF JOB PIPELINE (add) 1,375.00 SUBTOTAL 37,840.00 BOND 2% 757.00 TOTAL COST WITH BOND 38.597.00 STANDARD NOTES: ALL SURVEY LAYOUT AND STAKING BY OWNER ALL PERMITS, ENGINEERING, SOILS TESTING BY OWNER WATER TO BE SUPPLIED BY OWNER ( fire hydrant hookup) TRAFFIC CONTROL PLANS BY OWNER (if required) PBA WILL BE RESPONSIBLE FOR EROSION CONTROL OF OUR WORK ONLY PIPE SPECIFICATIONS IS 30 INCH ID HDPE N-12 STIB, FINAL INSIDE DIAMETER IS 30 INCHES SCHEDULING: We estimate app 5-7 working days to complete die project. We can start at any time die weather gives us a good window. Thank you All Star Sendees APPROVED BY DATE 12250 EL CAMINO REAL, SAN DIEGO, CALIFORNIA 92130 (858) 259-0900 (858) 259-9350 FAX Privileged & Proprietary Information Bond No. 6671816 Premium: $444.00 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California has administratively awarded to ALL STAR SERVICES CORPORATION (hereinafter designated as the "Principal"), a Contract for: STORM DRAIN REPAIR BETWEEN LA COSTA AVENUE AND GIBRALTAR STREET CONTRACT NO. 6607 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 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 furnishing of a bond, providing that if Principal or any of their 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 forth. NOW, THEREFORE, WE, ALL STAR SERVICES CORPORATION_as Principal, (hereinafter designated as the "Contractor"), and Safeco Insurance Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty eight thousand five hundred and ninety seven ($38,597) dollars, said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms 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 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 3181, or for 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, withheld, and paid over to the Employment 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 California Civil Code Section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 3181, 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. Revised 11/01/06 Contract No. 6607 Page 7 of 9 Pages 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 CONTRACTOR this 29th day of December , 2009 Executed by SURETY this. of December 28th .day .2009 CONTRACTOR: All Star Services Corporation (name of Contractor) By:. SURETY: Safeco Insurance Company of America (name of Surety) 330 N. Brand Blvd. #950, Glendale, CA 91203 (address of Surety) f?ary .T. Thrapp 818.956.4338 (print name here) CFO for All Star Services Corporation (title and organization of signatory) flepnone number of Surety) By:. By:. (sign here) Tom Lamary (print name here) VP for All Star Servies Corporation (title and organization of signatory) (signature of Attoraeynn-Fact) Sarah Myers, Attorne/m-Fact (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy!City Attorney Revised 11/01/06 Contract No. 6607 Page 8 of 9 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 0^282009 before me, Lilia Robinson. Notary Public personally appeared Sarah Mvers who proved to me on the basis of satisfactory evidence to be the person(g) whose name(^) is/^lre subscribed to the within instrument and acknowledged to me that h^/she/tWey executed the same in hi£/her/th£ir capacity(ijfes), and that by hjfe/her/th^ir signature^) on the instrument the person(^), or the entity upon behalf of which the person(^) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the state of California that the foregoing paragraph is true and correct. LILIA ROBINSON g COMM. #1870129 ONOTARY PUBLIC-CALIFORNIA « SAN DIEGO COUNTY «My Commission Expires WITNESS my h Signature of NoWy' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document D PARTNER(S) Q MEMBER of LLC 0 ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Number of Pages Date of Document Signer(s) other than named above POWER OF ATTORNEY No. 4273KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********#*«#*##*##*JAMES BALDASSARE, JR.; LAWRENCE F. MCMAHON; AUDREY RODRIGUEZ; SARAH MYERS; MARIA WHITECAGE; San Diego, California******************************************************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th day of October 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V, Section 13 of the By-Laws, and (") A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 28th day of December 2009 Dexter R. Legg, Secretary S-0974/DS 3/09 WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date' personally appeared Z7 Name(s) «f Signerjs) EILEEN SARTMSKY Commission # 1815785 Notary PuWtc - Californti Sm 01*90 County Oct3.M12 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/sbe/they executed the same in hio/hor/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature/of Ndfary PublL^ Though f/?e information below ;'s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of fn/s form to another 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: L_ Individual C Corporate Officer — Title(s): J Partner — G Limited D General U Attorney in Fact LJ Trustee Tl Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: n Individual LJ Corporate Officer — Title(s): n Partner — LT Limited Li General D Attorney in Fact D Trustee D Guardian or Conservator LJ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationaiNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827