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HomeMy WebLinkAboutContracts & Agreements_214-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this ZO day of 2013, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Pacific Titan Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties."L, 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: Reservoir Recoating and Improvements Project Arroyo Reservoir, complete all items as required by the Contract Documents (as herein defined)and Specifications for City's RESERVOIR RECOATING AND IMPROVEMENTS PROJECT ARROYO RESERVOIR, PROJECT NO. 71245. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$403,015.00 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 Ninety (90) 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 One Thousand Dollars (SIOOO) for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement reement by City and Contractor that One Thousand Dollars ($1000) 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 maN 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, Special Conditions, Special Provisions and Specifications, and any addenda thereto. CD 1 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. 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 1.5 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 limit 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. 11. 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. CD2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above. Citv of Redlands (SEAL) (towner) f P 8 By: Mayor, City of dlands,County of San Bernardino, California ATTEST Cit}' lerk, o edlands County of San Bernardino, California (SEAL) C i i .. 111 Name ofrContractor ' By: f �ature of Authorize gent Title Sig ure ut prized Agent(if necessary) Title Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department RESERVOIR RECOATING AND IMPROVEMENTS PROJECT ARROYO RESERVOIR, PROJECT NO. 71245 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 186 1) Dated this-2- day of Q(,1dbf/',200. (Contractor) Z (Signatui� r-e g i (Official Title) (SEAL) (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 Bond No. 1972447 Premium $ 4,936. FAMIFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Pacific Titan tnc. (hereinafter designated as "Principal") have entered into an agreement dated October 28, > 2013 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agueement is identified as RESERVOIR RECOATING AND IMPROVEMENTS PROJECT ARROyo RESERVOIR,PROJECT NO.71245 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 Hanover Insurance Company ,as Surety,are held and firmly bound unto the City in the penal sum of four hundred three, thousand fifteen dollars and no cents ($403,015.00) 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,firmly 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 afteration thereof made as therein provided, on his or its part, to he kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meanin&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 Agreentcnt,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 farce and effect. The obligations of Surety here under shall continue so long as any obligation of the Principal remains. 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, at die.City's option-, I. Caniplete the Agreement in accordance with its ternis and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its to and conditions,and upon determination by Surety of the lowest responsive and responsible CD 5 bidder.arran ge for a contract between such biddera n d the City=and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for ,ivhich 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 reject 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 intist 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 wraive 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 bet-ween 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, The Surety 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 vkffay 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. CD 6 In witness whereof, this instrument has been duly executed by the Principal and Surety above named,on October 253 `011 Pacific Titan, Inc. (SAI J The Yanover Insurance Company ( IvAI, (Contractor) v 13y: (Signature) (Signature) V Drew Ebright A_ttornev in Fact Address-1411 N1- Batavia # 201 (Sea] and Notarial Acknowledgment of Telephone(714 ) 516 1232 Surety) D THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Daniel Huckabay,Arturo Ayala,Dwight Reilly,Allison Rift and/or Drew Eb►ight of Orange,CA and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Arty such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said c ornpanies hereby ratify and confirm all and whatsoever said Attorney(s)4n-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the foliowing Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED,That ltie President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered loappoint Attorneys4n-fact of the Company,in its name and as its acts,to exeafbe and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writifgs obligatory in the nature thereof,with power to attach thereto the seat of the company,Any such writings so executed by such Attcxneys-ln-fa:t shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.'(Adopted October 7.1981 -The Hanover Insurance Company,Adopted April 14,1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 18th day of June 2013. THE HANOVER INSURANCE COMMPANY 1MASSACHUSEM SAY INSURANCE comPANY AOM%kCITIZENS ANY OF AARERICA 3M I!Slqu Robert'Phomas,Vice President THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss. Joe.8renscrom,Vii President On this 18th day of June 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personalty known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrurnent by the authority and direction of said Corporations. BAFSMA A.GAN" ui c>esesnn�sw t•.� Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 1,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are stili in force and effect. This Certificate may be signed by facsrm4e under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certirred Copies of such Powers of Atkxney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shaft be binding on the Company to the same extent as if an signatures therein were n-4y affixed,even though one or more of any such signalizes thereon may be facsimile.' (Adopted October 7,1981 -The Hanover ftUran0e Company Adopted April 14,1982-Maw3c�Bay Insurance Corrgany,Adopted September 7,2001-Citizens irm rance Company of GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this �gd- _�2 THE RA 40VER 04St1lMKVE COMPANY BAY COW%XY OF AAR"CA J- ,Vflce t CALIFORNIA ALLACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On _ .,- before me, Andrew Waterbury, Notary Public Date Here Inset Name and Ti?!e of the C7fficer personally appeared Drew Ebright._ _ Namers}of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(yj isles subscribed to the within instrument and acknowledged to me that he&hodhRy executed the same in hi sir authorized capacity(' ), and that by his/ba0twic signature(g)on the instrument the person(&), or the entity upon behalf of which the person(g) ( N PIW b ?c€f acted, executed the instrument. COMW 1 € t ,, r3 I certify under PENALTY OF PERJURY under the laws of t ORANGE C L the State of California that the foregoing paragraph is true +Y-Omm € .it= € a and correct. Witness my hand and c seal. f Signature ` Place Notary Seat Above Signature of Notary Public Andrew Waterbury OPTIONAL 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) {ether Than Named Above: Capacity(ie )Claimed by Signer(s) Signer's Name:Drew Ebright Signer's Name: 1 II Individual Q Individual D Corporate Officer—Title(s):— _ _ El Corporate Officer—Title(s): El Partner—u Limited El General Partner---i�''s Limited El General Attorney in Fact Attorney in Fact c Trustee ° 10 Trustee RIES IL Guardian or Conservator of thumb here i ❑ Guardian or Conservator j Top of thumb A— Toper I # El Other. _1 Other: I a Signer Is Representing: 1 Signer Is Representing: i 102007 National Notary Association•9350 De Soto Ave-P.O.Box 2402•Chotsworth.CA 91313.24.62•wr Ax.Nationalr1otarf.org Item-*5907 Reorder:Gall Tall-Free 1-800-876--,827 Bond No. 19724A7 Premium Inc]-uded LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California,and Pacific Titan Inc.(hereinafter designated as'iMncipar)have entered into an agreement(the"Agreement")whereby Principal agrees to install and complete certain designated public improvernents(the"Work"),which said agreementdated_ October 28- 2013, and identified as RESERVOIR RECOATING AND IPROVE WNTS PROJECT ARROYO RESERVOIR,PROJECT NO. 71245 is hereby referred to and made a part herec&-and Whereas.under the terms of the AgreementPrincipal 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"Citic 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. 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 four hundred three thousand fifteen dollars and no cents ($403,015.00)for materials furnished or labor thereon of afty, 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 CipNo- in successfully enforcing such obligation,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 their 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 sWI 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 said Agreement or the specifications accompanying the same shall in any manner affect its obligations on this band,and it does hereby waive notice of any such change,extension of time,alteration or addition- CD 8 In witness whereof this l strU ent has been,duly executed by the Principal and stirety above named, on October 28 2011 (SEAL), (SEAL) l Pacific Titan, Inc. The Hanover Insurance Carinan r (contractor) � (Signature) e T}rew Fbri , t Attorney in Fact Addres l_411 _.._Batavia # 201 (Seat and Notarial Acknowledgment of Surety) `telephone(714 CD 9 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Daniel Huckabay,Arturo Ayala,Dwight Reilly,Allison Ritbo and/or Drew Ebright of Orange,CA and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,reeognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follo": Any such obligations in the United States,not to exceed Ten Million and No/100(=10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)4n-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the folkyMrvg Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: RESOLVED,That the President Or any Vice President,in oonluncbw with any Vice President,be and they ane hereby authorized and empowered loappoint Attorneys-in-fad of the Company,in its name and as its acts,to execute and aclaxWedge for and on its behatt as Surety any and aH bonds,rec cgrimanoes, contracts of indemnity,warvers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duty executed and ad(nowliedged by the regularly elected ofters of the Company in their own proper persons.'(Adopted October 7,1981 -The Hanover insurance Compary;Adopted April 14,1982- Massachusetts Bay Insurance Compary;Adopted September 7,2001-Citroens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 18th day of June 2013. THE HANOVER INSURANCE COMPANY MASSACHUSEM BAY INSURANCE COMPANY is ANY OF AN*TdCA r�J1� 9)cp Robert Thorns,Vice president THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss. Jcerengr�ont 'tc�Presideru On this 18th day of June 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seats affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duty affixed and subscribed to said instrument by the authority and direction of said Corporations. a BARBARA A.t3/6Rt" Nowy preio ` aosw.r.9641N.m6aL.//� +rrr�.saar.zau Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and corned copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by famm4ee under and by authority of the foNowing resolution of the Board of Directors of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and an Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereonbe facsimile.' (Adopted October 7, 1981 -The Hanover Insurance Company,Adopted April 14,1982-Massadwsefts Bay Insurance Corrparny,Adopted8eimptember 7,2001-Citizens lnswa,,0e Company of GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this d4ffQ��4tj 3 THE l Ajg0VER iNNStgtANCE COMPANY BAY COMPANY +�AICA � ,Vice CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of t3range On before me, Andrew Waterbury. Notary Public ate Here Insert Name arrd Tit9e of tha officer personally appeared Drew Ebright Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(X) whose name( is4m subscribed to the within instrument and acknowledged to me that herd my executed the same in hi fir authorized capacity(' ), and that by histb mk signature(x) on the instrument the person(s), or the entity upon behalf of which the person{ } ( ANDREW WAD f,URY acted, executed the instrument. ccmw Notary l£3)=t nfn ma I certify under PENALTY OF PERJURY under the laws of m u ORANGE -U�4iY , k` the State of California that the foregoing paragraph is true and correct. Witness my hand ar of ial seal. q Signature Place Notary Seal Above OPTIONAL Signature of Notar,Public Andrew Waterbury 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 Gate: Number of Pages: Signer(s) Other Than Named Above: _-- Capacity(ies)Claimed by Signer(s) Signer's Name: Drew Ebright Signer's Name: lEl Individual 11 Individual ❑ Corporate Officer---Titles):, E1 Corporate Officer--Titles): Partner—E!Limited i—I General El Partner—El Limited O General V Attorney in Fact El Attorney in Fact Trustee ° ❑ Trustee Guardian or Conservator Top of thumb here El Guardian or Conservator I Top of thumb here Other: ; El Other- j Signer Is Representing: ! Signer Is Representing: i rC 200-1 National Notary Assoctatior.9350 De Soto Ave_RO,rox 2402 Chatsxorlh,CA 91313-2402-+rwxhtafbna?Nota .crg Item 95W7 Roo der_,-,all roll-Free 1-800-8761821