Loading...
HomeMy WebLinkAboutContracts & Agreements_126-2016 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 21St day of June, 2016, 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: 2016 CITY WIDE PAVEMENT REPAIR FOR WATER PROJECTS, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2016 CITY WIDE PAVEMENT REPAIR FOR WATER PROJECTS. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$800,000 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 22;00. 3. TIME FOR COMPLETION: The Work shall be completed within 365 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 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. S. 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. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of lZedlands (SEAL) (Owner) By Mayor, City of Redlands, County of San Bernardino, California City C1Gt C y of Redlands County of San Bernardino, California (SEAL) Name of Contractor By: Sign, ure of Authorized Agent Title Signature of Authorized 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 2016 CITY WIDE PAVEMENT' REPAIR FOR WATER PROJECTS 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 t1 e 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. day of 2016, plontraetor) (Signature) (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate insist be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 i i EXECUTED IN DUPLICATE BOND NUMBER 024061970 � PREMIUM: $9,810.00 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 June 2111 1 ,2016 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as 2016 CITY WIDE PAVEMENT REPAIR FOR WATER PROJECTS and is hereby referred to and made a part hereof; and r 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 Eight Hundred Thousand Dollars($800,000) 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. f 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 true intent and meaning, E 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. ! i 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 1 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 1 shall remain in full force and effect. The obligations of Surety hereunder 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 Suretyshall promptly remedy the default, or shall promptly,at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or i 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, p arrange for a contract between such bidder and the City, and make available as work progresses CD 5 3 gF t 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 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 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 riot 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 tinder 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 ally 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 JUNE 27, 2016. ,(SEAL) (SEAL) MCC PIPELINE, INCORPORATED THE OHIO CASUALTY INSURANCE COMPANY Sur 3yl (Signature) MICHAEL D. 0 G, Sig (re) ATTORNEY— N.—FACT 0 Address: 790 TSTE 2 0HE CITY DR. S. STE 2 ' (Sea] and Notarial Acknowledgernent of Surety) ORANGE CA 92868 Telephone- (714 ) 634-3311 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL,CODE § 1189 21&1t^r2l�.";e 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 d-7 //(101 before me, R. NaDDi '"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(} is/axe subscribed to the within instrument and acknowledged to me that he/sKe/0ey executed the same in his/fter/tbeir authorized capacity(i ), and that by his/hor/their signature(g)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 R.'NAPPI is true and correct. CO2152652 WITNESS my hand and official) seal,. NOTARY PUBLIC-CALIFORNIA RIVERSM COUNTY tt, My copnm,ap.June 7,2020 Signature eep Signaiur'e 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 Siginer(s) Signer's Name: Signer's Name: *Corporate Officer — Title(s): El Corporate Officer — Title(s): * Partner — El Limited FJ General El Partner — El Limited 0 General 11 Individual El Attorney in Fact [I Individual 1'r]Attorney in Fact El Trustee 0 Guardian or Conservator El Trustee F.]Guardian or Conservator E]Other: E.] Other: Signer Is Representing: Signer Is Representing: X=My X;<Xx��C,4 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-8010-876-6827) Item#5907 3 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 SAN BERNARDINO ) On Ime- 3or Zd before me, MATTHEW MARTIN, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared 1W.D -1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personjawhose nameslrare subscribed to the within instrument and acknowledged to me that he/s ey-executed the same in his/kerAheir authorized capacity,(ie),and that by his/he #ffmir signature(a)-on the instrument the persorA*, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my had and official seal. Em MARTIN 2004278 -California Signature o County Signature of Notary Public Jan 17,2017 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.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 t LABOR AND MATERIAL BOND f 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 .lune 21, 20I6, and identified as 2016 CITY WIDE PAVEMENT REPAIR FOR WATER PROJECTS 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 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 Eight Hundred Thousand Dollars ($ ) 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 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 shall be and remain in full force and effect. 1 i 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. 1 C T D r i F (g3 k k CD 7 l In wetness -whereof, this instrument has been duly executed by the Principal and surety above named, on JUNE 27 ' 2016. (SEAL) (SEAL) MCL PIPELINE, INCORPORATED THE OHIO CASUALTY INSURANCE COMPANY ur MICHAEL D. STUNG, (Sign tare) ATTCRNE4„„ (Signature) - N-FACT Address: 790 THE LILY DR. S. ST � O (Sealand Notarial Acknowledgement of Surety) ORANGE, LA 92868 Telephone: ( 714 ) 634-3311 a CID 8 t CALIFORNIA ALL- C L GI T 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 ) Cndk before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STCING Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(K) whose nam (0 is/aYe subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/leer/their authorized capacity(i(m),and that by his/her/their signature( )on the instrument the person(a), or the entity upon behalf of which the person(x) acted, executedthe instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph I is true and correct. P,NAPPCOMM2152652 WITNESS my hand and official seal. NOTARY puBU CALIF:oRNIA a RIVERSIDE MINTY fly Comm Up.June 7,2020 Signature t Signa r ''oaf Notary public Place Notary Seal Above OPTIONAL ONAL 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 t Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E Corporate Officer — Title(s): El Corporate Officer — Title(s): [7I Partner — 0 Limited 0 General 0 Partner --- Ei Limited El General ❑I Individual ❑Attorney in Fact El Individual El Attorney in Fact [w11 Trustee F.".] Guardian or Conservator E.".1 Trustee n Guardian or Conservator El Other: E Other: Signer Is Representing: Signer Is Representing: Z�:'�,.�:^� 4�^��ri7",�r�'�:' �"�,�.,r.�'>" ��.';^w'�'� `�r�>' C.�r.�"C�:�:"��-�nG^��-?"Mu��. �,�."�<�,t✓�` .�,�'.�" `�;G"���i `��,"�;'�.„'w�- �".:� ,%�'�,� ; 02014 National Notary Association -www,NationalNotary.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. ,his I We Po "ter 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. Certificate No.L7NLP,zsL 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 West American 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 Penderrtast; Mici7aol C7.5tong' Ftosemary Napo .. 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 24th day of November 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company to Liberty Mutual Insurance Company 4) West American Insurance Company a) By: Q . .............I............. +1 C STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary COUNTY OF MONTGOMERY M = 0 = On this 24th day November 2014 Fire and F_ It a) - I , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American U) 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, >1 0)W 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. M (*-D' > IN WITNESS WHEREOF,I have hereunto subscribed my name,,and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 M % 0 B Y., a (D Teresa Pastella,Notary Public 0 M i60 0E CL M 0.M This Power of Attorney is made and executed purs�tahit0 '6 ain I ct I:6y'a6thbrfty of the following By-laws and Authorfzafions of American Fire and Casualty Company,The Ohio Casualty Insurance (no r- 6 Com!pany,Liberty Mutual Insurance Company,and['Mst A:nieitca I n Insurance Company which resolutions are now in full force and effect reading as follows: w 4) ARTICLE IV-OFFICERS-Section 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 0 r- 4) to such limitation as the Chairman,or the President may prescribe,shall appoint such aftomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >� 0 acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such aftomeys-in-fact,subject to the limitations set forth in their respective ,E 6 powers of attomey,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 (D 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 aftomey-in-fact under > (D 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, cit 00 ARTICLE All-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, M C N0 > and subject to such limitations as the chairman or the president may prescribe,shall appoint such aftomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, ti o seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such aftomeys-in-fact subject to the limitations set forth in their 4-00 Z 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 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomeys-m- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances 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 certified 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. 1,Gregory W.Davenport,the undersigned,Assistant Secret",of Amedcan 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 ofAttomey 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 d_H­ day of 20 0 By: Gregory W Davenport,Assistant Secretary LMS 12873 122013 230 of 500 ­­­ ...............- �­_­............... .......... ............ 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 SAN BERNARDINO ) MATTHEW MARTIN NOTARY PUBLIC On _,���� �1 � 14 before me, , Date Here Insert Name and Title of the Officer personally appeared MAI 140 -z Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(pwhose name/is/7--l-e- subscribed to the within instrument and acknowledged to me that he/ ey-executed the same in his/hetAtreir authorized capacity),and that by his/f,ofH�:ir signatureWon the instrument the perste or the entity upon behalf of whic the persopW 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. MATTHEW MARTIN Commission#2004278 WITNESS my hand and official seal. zeNotary Public-California z San Bernardino County � My Comm.Expires Jan 17,2017 Signature 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 ❑Attomey 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.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907