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HomeMy WebLinkAboutContracts & Agreements_40-2017 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 7`h day of March, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and MCC Pipeline, Incorporated (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows I. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the following HIGHLAND AVENUE WATER PIPELINE REPLACEMENT PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HIGHLAND AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT No 71274. 2 THE CONTRACT SUM: City shall pay Contractor the sum of$219,567 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION: The Work shall be completed within 30 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD 1 7 RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time Iimit or supersede the notice requirements provided in this case from filing claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents I1 SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) By 6"` U Q - Mayor, City of Redlands, County of San Bernardino, California ATTEST: AQ> Q / Clerk, City of Redlands County of San Bernardino,California (SEAL) 1 C vRo'(ne ( Inc Name of Contractor Q c� By 7 �v1� M !V L Signature c,Authorized Agent Title Signature of Authorized Agent(if necessary) Title � aLAg Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities&Engineering Department HIGHLAND AVENUE WATER PIPELINE REPLACEMENT PROJECT,PROJECT No. 71274 Labor Code, Section 3700, provides,in part that "Every employer except the State shall secure the payment of compensation in one or more of the following ways- (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 1861) Dated this (1 day of M 0X(-C K 2017. C- � � �Itin �' InC (Contractor) �a a ;-jCtd, (Signature) U� ICLf (Official Title) (SEPAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract) CD 4 r BOND NUMBER 024068902 PREMIUM. $3,162 00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and MCC Pipeline, Incorporated (hereinafter designated as "Principal") have entered into an agreement dated March 7, 2017, ("Agreement') whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as HIGHLAND AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT No. 71274 and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City in the penal sum of two hundred nineteen thousand five hundred sixty seven dollars and zero cents ($219,567 00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators,jointly and severally, fi.rrnly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their trice intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shalt continue so long as any obligation of the Principal remains k Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly,at the City's option I Complete the Agreement in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the CD 5 Agreement price,but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may refect any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred,with or without suit,in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on MARCH 6, 2017 (SEAL) (SEAL) MCC PIPELINE INCORPORATED THE OHIO CASUALTY INSURANCE COMPANY ur y/ L (Signature) MICHAEL D. S NG ig t e) ATTORNEY— PACT Address 90 THE CIT DR S STE eal and Notarial Acknowledgement of Surety) ORANGE CA 92868 Telephone (714 ) 634-3311 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11$9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of Riverside } On 0,e1/7 before me, R Naoni "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(3s) is/aye subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/hoer/their authorized capacity(iin),and that by his/hor/their signature(t)on the instrument the person(*, or the entity upon behalf of which the person(x) acted, executed the instrument certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct 4 ���PI ( WITNESS my hand and official seal z »: COMM X 2152552 NOTARY PUBUC•CAUFORMA RIVERSIDE COUNTY Signature My Comm Exp June 1,2024 � Signature of Notary Public Place Notary Seal Above 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 Signer's Name ❑Corporate Officer — Title(s) ❑Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association www Nation alNotary org 1-800-US NOTARY(1-800-876-6827) Item #5907 C&LIFORKIA 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 SAN BERNARDINO �YASHESH C. PATEL, MOTARY PUBLIC On IVAKi3 —before me, Date n � Here Insert Name and Title of the Officer personally appeared Z/gl��lL(,[ �*&//j Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( ) whose name( is/aye subscribed to the within instrument and acknowledged tome that sh executed the same in Wg/herAhW authorized capacity(io) and that by I0a/her/#stir signature )on the instrument the person() or the entity upon behalf of whichthe person) acted, executed the in trument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �^- YASHESH C PA WITNESS my hanESignture ial Seal Commission#2086258 i£ • ;-m Notary Public California ' San Bernardino County �� Signature My Gomm Expires Oct 16 2f'"� of Notary Public Place Notary Seal Above OP77ONAL. 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 Signers) Other Than Named Above Capacity les) Claimed by Signer(s) Signer's Name. Signer's Name. ❑Corporate Officer — Title(s) ❑Corporate Officer — Titfe(s) ❑Partner — ❑Limited ❑General ❑Partner -- ❑ Limited ❑General ❑Individual ❑Attomey in Fact 0 Individual ❑Attorney in f=act ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other- Signer Is Representing Signer Is Representing 02014 National Notary Association www NationalNotaryorg 1-800-US NOTARY(1-B00-876-6827) Item#5807 BOND NUMBER 024068902 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR ANIS MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and MCC Pipeline, Incorporated (hereinafter designated as "Principal") Have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements(the"Work"),which said agreement,dated March 7, 2017, and identified as HIGHLAND AVENUE WATER PIPELINE REPLACEMENT PROJECT,PROJECT No 71274 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work,to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of Cahforma Now, therefore,said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of two hundred nineteen thousand five hundred sixty seven dollars and zero cents($219,567 00)for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obhgation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 ; (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or then assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition CD 7 In witness whereof, this instrument has been duly executed by the Pnncipal and surety above named, on MARCH 6, 2017 (SEAL) (SEAL) MCC PIPELINE, INCORPORATED THE OHIq CASUALTY INSURANCE COMPANY A,, # (CntractorBY (D� (Signature) MICHAEL �TONG(Stgna e ATTORNEYT�i-FACT Address 790 THE CITY R. S. STE (Seal and Notanal Acknowledgement of Surety) ORANGE, CA 92868 Telephone ( 714 ) 634-3311 CD 8 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 Riverside ) On 3f �� before me, R Naapi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(O whose name(o is/are subscribed to the within instrument and acknowledged to me that he/sore/ff*y executed the same in his/her/their authorized capacity(m.'), and that by hisftmr/their signature(x)on the instrument the person(R), 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 j IL NAPPi COMM ft2CAuFO Zgn •» pp;pRypUBIIC•CAUFORHIA � Signature.`M RKRSIDECOUNT'ffore of Nota Public My Comm Exp June 7,2020 +Y Place Notary Seal Above 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 Signer's Name ❑Corporate Officer — Title(s) ❑Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing 02014 National Notary Association www National Notary org 1-800-US NOTARY(1-800-876-6827) Item#5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated Certifscate No 7274113 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jeremy Pendergast,Michael D.Stonq, Rosemary Nappi all of the city of Riverside state of CA each individually if there be more than one named,its true and lawful attorney-in fact to make execute seal acknowledge and deliver for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this t st day of March 2016 Ain�qs� ,i t 1�1s <<rasu� ­a1NsuR American Fire and Casualty Company = The Ohio Casualty Insurance Company Q 19os o a 1419 1912 1991 Liberty Mutual Insurance Company U x ro Westmericann(Insurance Company H `kna� ?aa d,� ka�v° � �7RA�su�, t �ronenkn t a) BY STATE OF PENNSYLVANIAss David M CareyAssistant Secretary t r COUNTY OF MONTGOMERY t p� On this 1st day of March 2018 before me personally appeared David M Carey who acknowledged himself to be the Assistant Secretary of American Fire and 10 11- a) a) Casualty Company,Liberty Mutual Insurance Company The Ohio Casualty Insurance Company and West American Insurance Company,and that he,as such,being authorized so to do, y,0 0.2 execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer `O 9 IN WITNESS WHEREOF,I have hereunto subscribed m name and affixed my notanal seal at Plymouth Meeting Pennsylvania on the day and year first above written p c t4 p q COMMONWEALTH OF PENNSYLVANIA � �+C ONIV$�F{C Notarial Seal Q C M � C y i 9 Teresa Pastella Notary Public By O iy of Plymouth Twp. Montgomery CountyZ � �� My Commission Expires March 29,2017 Teresa Pastella,Notary Public 3 ` d �V; i�' Member Pennsylvania Association of Notaries 0 G e C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance y C Company Liberty Mutual Insurance Company and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows r �H �d ARTICLE N–OFFICERS–Sectlon 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O s +; to such limitation as the Chairman or the President may prescribe shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, + O acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys-in-fact,subject to the limitations set forth in their respective -p E powers of attorney shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so c G executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in fact under 71 the provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority = ARTICLE XIII–Execution of Contracts–SECTION 5 Surety Bands and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, o ri and subject to such limitations as the chairman or the president may prescribe shall appoint such attorneys-in fact,as may be necessary to act In behalf of the Company to make execute a O seal,acknowledge and deliver as surety any and atl undertakings bonds recognlzances and other surety obligations Such attorneys-in-fact subject to the limitations set forth in their o Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so v executed such instruments shall be.as binding as if signed by the president and attested by the secretary O a Certificate of Designation–The President of the Company,acting Pursuant to the Bylaws of the Company authorizes David M.Carey Assistant Secretary to appoint such attorneys-in ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and ail undertakings bonds recognlzances and other surety obligations — Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a ceftified copy of any power of attorney issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I,Gregory W Davenport the undersigned Assistant Secretary of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies Is In full force and effect and has not been revoked IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this day of A(JAAnIL 20 IJ eRSG9{i �s4�YINS �4{, n 1906 p o 1419 � r 1912 1991 BY d x b s Gregory 4V Davenport,Assistant Secretary 466 of 500 LMS 12873 122013 CALFIPC' RKI'A ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document State of California County of SAN BERNARDINO )YASHESH C PATEL, 14bTARY PUBLIC On NOCE[ f-3r =�d 17 before me, Date ,�I ` Here Insert Name and Title of the Officer personally appeared 'Dl3N Ia`LL[- �47" Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is/are- subscribed to the within instrume t and acknowledged to me that hWshefth4 executed the same in 1 o/her/thrtr authorized capacity(i ), and thaty his/her/ter signatureo)on the instrument the personi�, or the entity upon behalf of whichthe person()acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph _;..:. �_.,.. _ ,_.M J•-� is true and correct ! YASHESH C PATEL WITNESSmy han cial Seal 9. Commission #2086255 s Notary Public California San Bernardino County ' w My Comm Expires Oct 16 20181 Signature SigUture of Notary Public Place Notary Seal Above 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 Signer's Name ❑Corporate Officer — Title(s), ❑Corporate Officer — T'rtle(s) ❑Partner — ❑Limited ❑General ❑Partner — O Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other- Signer Is Representing Signer Is Representing 02014 National Notary Association • www NationalNotary org - 1-800-11S NOTARY(1-800-876-6827) Item#5907