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Econolite Traffic Engineering & Maint Inc Fifth Amendment to Agreement between The City of Rancho Palos Verdes and Aegis, ITS, Inc. This agreement is the Fifth Amendment to the Traffic Signal Maintenance Agreement between the City of Rancho Palos Verdes ("CITY") and Aegis, ITS, Inc., formerly Econolite Traffic Engineering and Maintenance, Inc. ("CONTRACTOR"), dated July 1, 2009 ("Agreement"). The First Amendment, which was effective March 20, 2012, authorized the name change to Aegis, ITS, Inc. The Second Amendment, which was effective September 19, 2012, extended the term of the Agreement for one year. The Third Amendment, which was effective July 16, 2013, extended the term by an additional year. The Fourth Amendment, which was effective July 16, 2014, extended the term by an additional year. This Fifth Amendment is effective as of July 8, 2015 and is being made to extend the term of the Agreement for one additional year. Section 1. Section 2 of the Agreement is hereby amended to read as follows: "This Agreement shall commence on July 1, 2009 and shall expire on June 30, 2016, unless sooner terminated pursuant to Section 7 of this Agreement." Section 2. Except as expressly amended by this Fifth Amendment, all of the provisions of the Agreement, as previously amended by the First, Second, Third, and Fourth Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") 7 By: 1!/A M. ATTEST: By: i 1 /44 City Clerk AEGIS, ITS, INC. ("CONTRACTOR") Signature: Printed Name: dineY Nct(-65- Title: e, Signature: Printed Name: R.e,k s Title: 4! 't.)..c-e-t1/4-fin vA,r Fourth Amendment to Agreement between the City of Rancho Palos Verdes and Aegis ITS, Inc. This agreement is an amendment("Amendment") to the traffic signal maintenance agreement between the City of Rancho Palos Verdes ("City") and Aegis ITS, Inc. ("Contractor"), dated July 1, 2009 ("Agreement"). This Amendment is made and entered this 16th day of July, 2014. WHEREAS,the Agreement was originally for a three year term with up to three one- year extensions; WHEREAS,the first amendment to the Agreement amended the Contractor's name upon its request; WHEREAS, the second amendment to the Agreement extended the term of the Agreement by one year; WHEREAS , the third amendment to the Agreement extended the term of the Agreement by one year; and WHEREAS, the City and Contractor now wish to extend the term of the Agreement by one more year. NOW, THEREFORE, the parties hereto do agree as follows: Section 1. Section 2 of the Agreement is hereby amended to read as follows: "Term. The term of this Agreement shall commence on July 2, 2009, and shall terminate on June 30, 2015, unless sooner terminated pursuant to Article 4 of this Agreement." Section 2. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. [Continued on next page] R6876-0001\1597752v2.doc IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. Dated: S, INC. ("CONTRACOR") By: Printed Name: t A?"2 c c-i 51^-0---)4 Title: tA Ac fvfZ;n el ce OpeJA-60LJs By: Printed Name: g,4%N. e Title: cr CITY OF RANCHO PALOS VERDES ("CITY") sr'A :44r ayor ATTEST: -&f,ea.t - ei /- By City Clerk R6876-0001\1597752v2.doc Third Amendment to Agreement between the City of Rancho Palos Verdes and Aegis ITS, Inc. This agreement is an amendment("Amendment")to the traffic signal maintenance agreement between the City of Rancho Palos Verdes ("City") and Aegis ITS, Inc. ("Contractor"), dated July 1, 2009 ("Agreement"). This Amendment is made and entered this 16th day of July, 2013. WHEREAS,the Agreement was originally for a three year term with up to three one- year extensions; WHEREAS,the first amendment to the Agreement amended the Contractor's name upon its request; WHEREAS, the second amendment to the Agreement extended the term of the Agreement by one year; and WHEREAS,the City and Contractor now wish to extend the term of the Agreement by one more year. NOW, THEREFORE, the parties hereto do agree as follows: Section 1. Section 2 of the Agreement is hereby amended to read as follows: "Term. The term of this Agreement shall commence on July 2, 2009, and shall terminate on June 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. Additionally, there shall be one (1) one-year option to renew the Agreement with the mutual written consent of both parties." Section 2. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. [Continued on next page] R6876-0001 t1597752v2.doc IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. Dated: Al us -- 1 ( 2013 AEGIS ITS, INC. ("Cs ", CTOR") By: Printed Name:��-6,---4., S , S Title: /U-a._ .. —_ m 13.cf44:- a .A— 4 By: Printed Name: jpqmo, Title: CAOr-3 CITY OF RANCHO PALOS VERDES ("CITY") By: g5t9-7-, Mayo ATTEST: 6-77 1/2/43 By: C � City Clerk R6876-0001 N 597752v2.doc Second Amendment to Agreement between the City of Rancho Palos Verdes and Aegis ITS, Inc. This agreement is an amendment("Amendment")to the traffic signal maintenance agreement between the City of Rancho Palos Verdes ("CITY") and Aegis ITS, Inc. ("CONTRACTOR"), dated July 1, 2009 ("Agreement"). This Amendment is effective as of September 19,2012 and is being made to extend the term of the Agreement for one year. Section 1. Section 2 of the Agreement is hereby amended to read as follows: "This Agreement shall commence on September 19, 2012 and shall terminate on June 30, 2013, unless sooner terminated pursuant to Article 4 of this Agreement. Additionally, there shall be two (2)one-year options to renew the Agreement with the mutual written consent of both parties." Section 2. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. Dated: Actiy —1 � 30 13 A TS, INC. (CONTCTOR") By: ) e� --- Printed Name- 4-r•-44- S�•.Ck-� Title: P4-0-; Pee-nori By: Printed Na e: kokt.4 fedi Title: Ooo [Signatures continued on next page.] R6876-000111349509v1.doc CITY OF RANCHO PALOS VERDES ("CITY") By: , Cci,&1_, Mayor ATTEST: By: .1,4Lea,& 0/3 City Clerk R6876-0001\13495090.doc . L /44441billilFirst Amendment to Agreement between the City of Rancho Palos Verdes and Econolite Traffic Engineering and Maintenance, Inc. This agreement is an amendment to the Traffic Signal Maintenance Fiscal Years 2009 — 2010, 2010 — 2011, 2011 — 2012 agreement between the City of Rancho Palos Verdes ("City") and Econolite Traffic Engineering and Maintenance, Inc. ("Contractor"), dated July 1, 2009 ("Agreement"). This amendment to the Agreement is effective as of March 20, 2012 and is being made to change the name of the Contractor upon its request. Section 1. The introductory paragraph of the Agreement is hereby amended to read as follows: "This Agreement is made and entered this 1st day of July, 2009, by and between the City of Rancho Palos Verdes (hereinafter referred to as "City") and Aegis ITS, Inc., an Econolite Group Company (hereinafter referred to as "Contractor')." Section 2. The Contractor's address for purposes of notice, which is set forth in Section 13 of the Agreement, is hereby amended to read as follows: "Aegis ITS, Inc., an Econolite Group Company 3360 E. La Palma Avenue Anaheim, California 92806-2856" Section 3. The signature box of the Agreement shall remain the same, and all signatures shall remain valid and binding, except that the Contractor's name is hereby amended to "Aegis ITS, Inc., an Econolite Group Company." Section 4. The signature box of Exhibit"F": Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution shall remain the same, and all signatures shall remain valid and binding, except that the Contractor's name, written twice, is hereby amended to "Aegis ITS, Inc., an Econolite Group Company." Section 5. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement, including any incorporated documents, shall remain in full force and effect as written in the Agreement. [Signatures continued on next page.] R6876-0001\1349509v1.doc IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. Aegis ITS, Inc., an Econolite Group Company ("Contractor") Signature: Printed Name: Jiej lYIectl,4.-- Title:aca,..\,, Signature: Printed Name: IJLu.�lFs � Title: The City of Rancho Palos Verdes ("City") By: 4/10. Mayor ATTEST: By: &A-&---C4kfie City Clerk • R6876-000111349509v1.doc s t CITY OF RANCHO PALOS VERDES AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE FOR FISCAL YEARS 2009-2010, 2010-2011, 2011-2012 This day Agreement is made and entered this / of giAr , 2009, and between the 9 by City of Rancho Palos Verdes (hereinafter referred to as "City") and Econolite Traffic Engineering and Maintenance, Inc. (hereinafter referred to as "Contractor"). WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by the reference in Section 10 of this Agreement; and WHEREAS, City desires to contract with Contractor to perform the services detailed in this Agreement, including the Proposal incorporated by the reference in Section 10 of this Agreement; and WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility. NOW, THEREFORE, the parties hereto do agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Traffic Signal Maintenance Fiscal Years 2009-2010, 2010-2011, and 2011-2012, as described in the Plans and Specifications, attached hereto and incorporated by reference in Section 10 of this Agreement, including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association ("APWA") and the Associated General Contractors of America ("AGC"), document entitled "Standard Specifications." 2. Term. The term of this Agreement shall be three (3) years with up to three (3) mutually agreed one (1) year extensions. The initial three-year term of the Agreement shall commence on July 1, 2009 and shall end on June 30, 2012. 3. Time. Time is of the essence in the performance of services in this Agreement. 4. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto and in accordance with the Special Provisions. 5. Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever for or against City. 6. Assignment. This Agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of City. 7. Termination. City may cancel this Agreement at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay R6876-0001\1140984v2.doc C-1 Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 8. Worker's Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require 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." 9. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done. This rate and scale are on file with the Director of Public Works, and copies will be made available to any interested party on request. The Contractor to whom the contract is awarded, and the subcontractors under him or her must pay not less than these rates for this area to all workers employed in the execution of this Agreement. This Agreement is subject to the provision of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by a contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of a contractor, for mandatory non-binding mediation in the event of litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 10. Incorporation. The following documents are attached hereto and incorporated herein as exhibits: Exhibit "A" City of Rancho Palos Verdes Instructions for Execution of Instruments; Exhibit "B" Insurance Requirements for City of Rancho Palos Verdes Public Works Contract; Exhibit "C" Payment Bond (Labor and Materials); Exhibit "D" Worker's Compensation Certificate of Insurance; Exhibit "E" Agreement to Comply with California Labor Law Requirements; Exhibit "F" Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Exhibit "G"—Additional Insured Endorsement Comprehensive General Liability; Exhibit "H" Additional Insured Endorsement Automobile Liability; Exhibit "I" Additional Insured Endorsement Excess Liability; Contractor's Proposal; and the latest edition of the Joint Cooperative Committee, Southern California Chapters of the APWA and the AGC, document entitled "Standard Specifications." 11. Suit; Recovery of Fees & Costs. Should either party bring any action to protect or enforce its rights hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorneys' fees, experts' fees, and court costs. R6876-0001\1140984v2.doc C-2 12. Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from July 1, 2009 through June 30, 2010. Each July 1 the prices shall be increased by the Producer Price Index for Finished Goods for Los Angeles. 13. Notice. Except as otherwise required by law, any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered in person or by certified mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: To City: Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To Contractor: Econolite Traffic Engineering and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim, California 92806-2856 A party may change its address by giving written notice to the other party. Thereafter, any notice or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, state, religious, County of Los Angeles or Agency holidays shall be excluded. 14. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between the City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 15. Governing Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the Los Angeles County Superior Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the signatures of their duly authorized representatives the day and year as above written. THE CITY: CONTRACTOR: 111. e,O D L.ire-r FF f 6-7-14 I of Ee7e-i By: *• By: Mayor ATTEST: By: en&--- c City Clerk s r n4 5e — R6876-0001\1140984v2.doc C-3 ACKNOWLEDGMENT State of California County of_ Orange ) On June 10, 2009 before me, Leslie Cleveland, Notary Public (insert name and title of the officer) personally appeared Rodney Mathis and Valerie Bruno who proved to me on the basis of satisfactory evidence to be the pers on(s)whose name(s) Ware subscribed to the within instrument and acknowledged to m e that t46/0 /they executed the same in /f/their authorized capacity(ies), and that by signature(s)on the instrument the person(s), or the entity upon behalf of which the pers on(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. .,..�« - ` te #4110! Commission* 1?l10N • ;_ Notary!mac-C WIN I 1Orange Com • Signature Akw ) (Seal) .Ili fConwn• More,20�1! Attached to City of Rancho Palos Verdes Agreement for Traffic Signal Maintenance for Fiscal Years 2009-2010, 2010-2011, 2011-2012 . , Exhibit"A": CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY— IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES — IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. STATE OF ) ) ss. COUNTY OF _) On , 2009, before me, the undersigned, appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) R6876-0001\1140984v2.doc C-4 , Exhibit"B": Insurance Requirements for City of Rancho Palos Verdes Public Works Contract The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City: (1)a policy or policies of broad-form comprehensive general liability insurance with minimum limits of$5,000,000.00 combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of$1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of$5,000,000.00; and (4) workers' compensation insurance with a minimum limit of$1,000,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and workers' compensation coverages. 1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City. 2. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. 3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. 4. The Contractor shall submit to the City(1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto. R6876-0001\1140984v2.doc C-5 EXECUTED IN DUPLICATE Bond NNo. LPM7609166 Premium: $723 . 00 titbit."C.";:PAYMENT BOND (LABOR AND MATERIALS). KNOW AUR : N$:a `.THEE.meson'TS that WHEREAS the CITY OF RANC. a PAWS V1).5$ çC1ty has awarded to. .Eco of ite..Traf.t..ic En•ineerinf and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim . .CA. 9.2._:06 . . .. (Nolo a dr atlr r#s `C`o l acfor) {''Principal',:a contract(the'''Contract,for tl a irorc.desafias follows Traffic.Signal Maintenance Fiscal Years 200940 :ei 2O1O201 i &20:114042 WHEREAS. Principal is required under the terms of the.Co traot-and the California evil Code to secure the payment of claims of laborers, mechanics, material men and other persons as provided by law NOW,THEREFORE,We, the undersigned Principat,.and _ Fidelity and Deposit Company of Maryland 801, N. Brand Blvd.. . PH Suite, Glendale, CA 91203 (Name and t address of Surety) Morey')a duly admitted surety insurer under the laws of the:State of .California:i as Surety,aro held and firmly bound unto the City in the peal sum of Forty-Eight Thousand One,. Hundred Eighty-Ei ht and No/100 Dollars. amount being not less than.the total confrei primo.,in.lawful money or the United States of AMetiba,for the payment.Of which sum.well and tidy to be made., we bind oiutsehtes,our heir;executors;,administrators,.successors, and assigns Jointly and severally,..fkrilty by these presents. THE CONDITION OF THIS.OBLIGATION IS SUCH THAT;if the hereby bounded.Principal,his, her or Its heirs;,ex tors,admin stretors;successors or assigns,or subcontractors shall fail to pay any of the persons named in Semon 3181 of the-California Civil Vie!oar any amounts due under the.Unemployment:insurance Code with resect to work or labor performed under the Contract, or for any amounts..requ red to:be d'.ecducted,withheld;and paid over to the Employment Development Department from the wages of employes of the Principal and subcontractors pursuant to Section IWO.of the Unemployment.Insurance Code,with respect to.work or labor performed under the Contras:the Surety will pay for-the same in an amount riot exceeding the penal,sum.specified In this bond;.otherwise, this obligation shall become.null and void. This bond shah inure tote benefit of any of the.persons parr ed in Sect oiT alai of the California Civil.Code sa a to give a.right Of action to such.persons ar theirassigns in any suit: brought upon the bond In case surf is brought upon this bond;.surety further agrees to pay all court costs and reasonable attorneys'ys'f..ees Vin.a.n amount fixed by the court. R6816-000111140964.4 ioa C-6 • • • Further,the Surety.,for value received4 hereby stipulates and agrees that no changer extension of time,.alteration, addition or r iodificat on to the.terms of the Contract ,ora the work to be performed thereunder, or the specifications for the same,shall in any**y affect its obligations underthis bond,:and ft does hereby waive:notice of of.anrsuptlphange,extension of time, attoration,*Idiom or modification to the to ,s of the C0tAtriattOr to the vont*or to the specifications hereunder. Surety hereby waives the provisions of Calhfornta OW Code 2845 and: 2849. IN WITNESSWHEREOF,tin C2)kfentt is counterparts of th*s instrument,eaet -of Which.shall for all purposes be deemed an .original hereof, ha en duly executed by Principal and. Urea;ori the date set forth,below;the.name of each rate party being:heteto affixed and Mete presents duly signed:by its undersigned representative(s)pour-suant to authority cif its governing body. Dated;. June 11, 2009 "Prinoipar "Surety" Econolite Traffic Engineering Fidelity and Deposit and Maintenance 1. Inc. Company of Maryland AA - B . o " ( �'� Adriana Va zuela _ _,�,. .. . . Bye. .. . . � ... ita CQs"k �,, RS Attorney-in-Fact BY: By its its. Seal) Seal) APP" O A$.To,SURETY AND PRINCIPAL AMOUNT By: _ - Insura:nce Administrator Note: This bond toot be.000010.d in dUpgaire.and dated, ant.&i signatures must be notarized. 86876-000 i 11`i4d9842;doc C-7 • • , • ACKNOWLEDGMENT State of California County of Orange On June 11, 2009 before me, Leslie Cleveland, Notary Public (insert name and title of the officer) personally appeared Rodney Mathis who proved to me on the basis of satisfactory evidence to be the pers onN whose name( is/W subscribed to the within instrument and acknowledged to m e that he/*6%1444/executed the same in his/04/fir authorized capacity(), and that by his/ttel/tiie4 signatures on the instrument the person, or the entity upon behalf of which the pers on* 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. ��1!Ct�lVEtN1D �� t CaNmalsMOn 1 179i0N , Nam puma•CdMallo County M�or8.4Q1Z,� Signature ���Qt,�l�p�� (Seal) ���' Attached to City of Rancho Palos Verdes Exhibit C Payment Bond for Labor and Materials. Bond #LPM7609166 for $723 . 00 premium. ACKNOWLEDGMENT State of California County of Orange ) On June 11, 2009 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the persopswhose namQ(s) is/are- subscribed to the within instrument and acknowledged to me thatshe/thy executed the same in rimer/fir authorized capacityyiie , and that by her/theTh signature(sron the instrument the personna-ror the entity upon behalf of which the personkeracted, 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. tittie WITNESS my hand and official seal. 17348 SUSAN 17348 L Z1;! COMM. # 14 "� 3 CALIFORNIA z �VI* �� .. NOTARY PUBLIC-CALI 0 Z 0 r ORANGE COUNTY l. .% My Commission Expires March 27.2011 YYY YYYYYYYTYrY�r Signature ' - (Seal) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GREGORY E.MURRAY, Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Law tug;,id Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effi ra.:cal; . -reof,does hereby nominate,constitute and appoint Adriana VALENZUELA,of Fullerto a i e .a ful agent and PP �. -'. ��- " �� g Attorney-in-Fact,to make,execute,seal and deliver,for,and • :� •eed: any and all Y bonds and undertakings,and the execution of suc -. t ..� -n• r ese presents, shall be as binding upon said Company,as fully an• - is � i et'had been duly executed and acknowledged by the regularl ilate . e : Cor't 'ce in Baltimore,Md.,in their own proper persons. The said Assistant 'T .t .-• ere I. - 7011. .ct set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-LT- . .•a ca - a :a.1.7low in force. IN WITNESS e said Vice-President and Assistant Secretaryhave hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, A.D.2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND to OLP psi,f • Ai-(13-6t ' a.i By: Gregory E.Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore On this 6th day of August, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. a. 4.3.„ Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-4152G • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of JUN 1 1 2009 Assistant Secretary • Exhibit"E": AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code Sections 1720, 1773.8,1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning employing apprentices on public works projects, and states Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25)for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' 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." Date 1 6 7 Signature R6876-0001\1140984v2.doc C-9 Client#: 126 3 ONOGRO ACORDTM C OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/10/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange Count HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR g y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 Fullerton,CA 92831 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property Casualty Co 25674 Econolite Traffic Engineering& INSURER B: St Paul Fire&Marine Ins Compa 24767 Maintenance,Inc. INSURER C: Travelers Casualty Company of C 36170 3360 E.La Palma Ave. INSURER D: Anaheim,CA 92806 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION UMITS LTR INSRC DATE(MM/DD/YY) DATE(MM/DD/YY1 A GENERAL LIABILITY 6303193N600 04/27/09 04/27/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PRMTO RENTED PREMDAMAGE GE ISES(Ea occurrence) $1,000,000 CLAIMS MADE n OCCUR i MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY .$1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L POLICY AGGREGATE flC �LOC LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 E A AUTOMOBILE LIABIUTY 8103193N600 04/27/09 04/27/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea(Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOEA ACC $ OTHER THAN AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY QK04500579 04/27/09 04/27/10 EACH OCCURRENCE $5,000,000 OCCUR n CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND U B2802 N 94609 04/01/09 04/01/10 X TWTMUS- OH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT_$1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is added as Additional Insured per policy form#CGD2470805&Waiver of Subrogation per policy form#CGD1871103 both a part of policy#6303193N600TIL09. RE:Traffic Signal Maintenance Fiscal Years 2009-2010,2010-2011 &2011-2012. Certificate Holder amended to read:The City of Rancho Palos Verdes,its elected officials,officers, attorneys,agents,employees,and volunteers CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rancho Palos Verdes DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3q DAYS WRITTEN City Hall/City Manager NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 30940 Hawthorne Blvd IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Rancho Palos Verdes,CA 90275 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 194/0", 4) /4A.) ACORD 25(2001/08)1 of 2 #S3696179/M3471077 CLRAG co ACORD CORPORATION 1988 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S3696179/M3471077 ACKNOWLEDGMENT State of California County of_ Orange � On June 10, 2009 before me, Leslie Cleveland, Notary Public (insert name and title of the officer) personally appeared Rodney Mathis and Valerie Bruno who proved to me on the basis of satisfactory evidence to be the pers on(s)whose name(s)X/are subscribed to the within instrument and acknowledged to m e that A6/06/they executed the same in his/her/their authorized capacity(ies), and that by 1$4416r/their signature(s)on the instrument the person(s), or the entity upon behalf of which the pers on(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. 11111Pr` Commission 0 179111110 ',t ' Notary Mole'California MvCanxn Soiree Mar R.201� Signature tj.Lt,CQLil111j_xA�e (Seal) Attached to City of Rancho Palos Verdes Exhibit E Agreement to Comply with California Labor Law Requirements. Exhibit"F": INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, all obligations, liabilities, covenants and conditions in this instrument shall be joint and several. "Indemnitor" Name Ldb&I Q L1°-,ft-f-tC. EA(7Af - Name c EAI6 By: By: thA.:11.. Its Its 40/ R6876-0001\1140984v2.doc C-10 . • ACKNOWLEDGMENT State of California County of_ Orange � On June 10, 2009 before me, Leslie Cleveland, Notary Public (insert name and title of the officer) personally appeared Rodney Mathis and Valerie Bruno _ who proved to me on the basis of satisfactory evidence to be the pers on(s)whose name(s)Kare subscribed to the within instrument and acknowledged to m e that N/4146/they executed the same in his/her/their authorized capacity(ies), and that by roliMet/their signature(s)on the instrument the person(s), or the entity upon behalf of which the pers on(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. Y WITNESS my hand and official seal. � fir , CLIVISAND • 1?l1M� COMM. ��S..� owns CaNMII ir.sij towiroz$.2012 Signature ,d,��.tieQv.ti,�1L,rdb (Seal) Attached to City of Rancho Palos Verdes Exhibit F Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution. Client#: 126 3 ONOGRO ACORDTM C OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/10/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange Count HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR g y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 Fullerton,CA 92831 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property Casualty Co 25674 Econolite Traffic Engineering& INSURER B: St Paul Fire&Marine Ins Compa 24767 Maintenance,Inc. INSURER C: Travelers Casualty Company of C 36170 3360 E.La Palma Ave. INSURER D: Anaheim,CA 92806 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION UMITS LTR INSRC DATE(MM/DD/YY) DATE(MM/DD/YY1 A GENERAL LIABILITY 6303193N600 04/27/09 04/27/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PRMTO RENTED PREMDAMAGE GE ISES(Ea occurrence) $1,000,000 CLAIMS MADE n OCCUR i MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY .$1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L POLICY AGGREGATE flC �LOC LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 E A AUTOMOBILE LIABIUTY 8103193N600 04/27/09 04/27/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea(Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOEA ACC $ OTHER THAN AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY QK04500579 04/27/09 04/27/10 EACH OCCURRENCE $5,000,000 OCCUR n CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND U B2802 N 94609 04/01/09 04/01/10 X TWTMUS- OH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT_$1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is added as Additional Insured per policy form#CGD2470805&Waiver of Subrogation per policy form#CGD1871103 both a part of policy#6303193N600TIL09. RE:Traffic Signal Maintenance Fiscal Years 2009-2010,2010-2011 &2011-2012. Certificate Holder amended to read:The City of Rancho Palos Verdes,its elected officials,officers, attorneys,agents,employees,and volunteers CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rancho Palos Verdes DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3q DAYS WRITTEN City Hall/City Manager NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 30940 Hawthorne Blvd IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Rancho Palos Verdes,CA 90275 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 194/0", 4) /4A.) ACORD 25(2001/08)1 of 2 #S3696179/M3471077 CLRAG co ACORD CORPORATION 1988 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S3696179/M3471077 410 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6303193N600TIL09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Rancho Palos Verdes, its elected officials, officers, attorneys, agents, employees, and volunteers Attn.: City Hall - City Manager 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 RE: Traffic Signal Maintenance Fiscal Years 2009-2010, 2010-2011 &2011-2012 1. WHO IS AN INSURED — (Section II) is amended b) The insurance provided to the additional in- to include the person or organization shown in the sured does not apply to "bodily injury', "prop- Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liabilityfor"bodily injury", of the rendering of, or failure to render, any p ", professional architectural, engineering or sur- property damage" or"personal injury"; and veying services, including., b) If, and only to the extent that, the injury or .. damage is caused byacts or omissions of I. The preparing, approving, or failing to g prepare or approve, maps, shop draw- you or your subcontractor in the performance ,in sopinions, reports, surveys, field or- of "your work" on or for the project, or at the g p location, shown in the Schedule. The person ders or change orders, or the preparing, does not qualify as an addi- approving, or failing to prepare or ap- or organization prove, drawings and specifications; and tional insured with respect to the independent acts or omissions of such person or organiza- ii. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of Insurance of "property damage" caused by "your work' and included in the "products-completed op- this Coverage Part shown in the Declarations required by a orations hazard" unless a "written contract exceed the limits of liability requiring Insurance" specifically requires you "written contract requiring insurance" for that to rovide such coverage for that additional additional insured, the insurance provided to p the additional insured shall be limited to the insured, and then the insurance provided to limits of liabilityrequired bythat 'written con- "bodily additional insured applies only to such . . 4 "bodily injury" or "property damage" that oc- tract requiring insurance". This endorsement curs before the end of the period of time for shall not increase the limits of insurance de- which the "written contract requiringinsur- scribed in Section III—Limits Of Insurance. ance" requires you to provide such coverage CG 02 47 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 1 0 0 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is i. Immediately record the specifics of the earlier. claim or"suit"and the date received; and 3. The insurance provided to the additional insured IL Notify us as soon as practicable. by this endorsement is excess over any valid and The additional insured must see to it that we collectible "other insurance", whether primary, receive written notice of the claim or'suit" as excess, contingent or on any other basis, that is soon as practicable. available to the additional insured for a loss we cover under this endorsement. However, if a c) The additional insured must immediately "written contract requiring insurance" for that ad- send us copies of all legal papers received in ditional insured specifically requires that this in- connection with the claim or "suit", cooperate surance apply on a primary basis or a primary with us in the investigation or settlement of and non-contributory basis, this insurance is pri- the claim or defense against the "suit", and mary to "other insurance" available to the addi- otherwise comply with all policy conditions. tional insured which covers that person or organi- d) The additional insured must tender the de- zation as a named insured for such loss, and we fense and indemnity of any claim or "suit" to will not share with that 'other insurance". But the any provider of"other insurance'which would insurance provided to the additional insured by cover the additional insured for a loss we this endorsement still is excess over any valid cover under this endorsement. However,this and collectible "other insurance", whether pri- condition does not affect whether the insur- mary, excess, contingent or on any other basis, ance provided to the additional insured by that is available to the additional insured when this endorsement is`primary to 'other insur- that person or organization is an additional in- ance" available to the additional insured sured under such "other insurance". which covers that person or organization as a 4. As a condition of coverage provided to the named insured as described in paragraph 3. additional insured by this endorsement: above. a) The additional insured must give us written 5. The following definition is added to SECTION V. notice as soon as practicable of an "occur- —DEFINITIONS: rence" or an offense which may result in a "Written contract requiring insurance" means claim. To the extent possible, such notice that part of any written contract or agreement should include: under which you are required to include a L How, when and where the "occurrence" person or organization as an additional in- or offense took place; sured on this Coverage Part, provided that the "bodily injury" and 'property damage" oc- II. The names and addresses of any injured curs and the "personal injury" is caused by an persons and witnesses;and offense committed: III. The nature and location of any injury or a. After the signing and execution of the damage arising out of the"occurrence"or contract or agreement by you; offense. b. While that part of the contract or b) If a claim is made or "suit' is brought against . . 9 insured agreement is in effect; and the additional insured, the additional insured must: c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05 COMMERCIAL GENERAL LIABILITY The Damage To Premises Rented To You its shown on the Declarations, whichever is Limit will be the higher of: less. a. $300,000;or 2. The insurance afforded to the additional in- b. The amount shown on the Declarations sured does not apply to: for Damage To Premises Rented To You a. Any "occurrence" that takes place after Limit. you cease to be a tenant in that premises; 4. Under DEFINITIONS (Section V), Paragraph b. Any premises for which coverage is ex- a. of the definition of "insured contract" is cluded by endorsement;or amended so that it does not include that por- c. Structural alterations, new construction or tion of the contract for a lease of premises demolition operations performed by or on that indemnifies any person or organization behalf of such additional insured. for damage to premises while rented to you, 3. The insurance afforded to the additional in- or temporarily occupied by you with permis- sion of the owner, caused by: sured is excess over any valid and collectible insurance available to such additional in- a. Fire; sured, unless you have agreed in a written b. Explosion; contract for this insurance to apply on a pri- c. Lightning; mart'or contributory basis. d. Smoke resulting from such fire, explosion, G. BLANKET ADDITIONAL INSURED -- LESSOR or lightning; or OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization 5. This Provision D. does not apply if coverage (referred to below as "additional insured") with for Damage To Premises Rented To You of whom you have agreed in a written contract, exe- COVERAGE A. BODILY INJURY AND cuted prior to loss, to name as an additional in- PROPERTY DAMAGE LIABILITY(Section 1— sured, but only with respect to their liability arising Coverages) is excluded by endorsement. out of the maintenance, operation or use by you E. BLANKET WAIVER OF SUBROGATION of equipment leased to you by such additional in- sured' subject to the following provisions: We waive any right of recovery we may have against any person or organization because of 1. Limits of Insurance. The limits of insurance payments we make for injury or damage arising afforded to the additional insured shall be the out of premises owned or occupied by or rented limits which you agreed to provide,or the lim- or loaned to you; ongoing operations performed its shown on the Declarations, whichever is by you or on your behalf, done under a contract less. with that person or organization; "your work"; or 2. The insurance afforded to the additional in- "your products". We waive this right where you sured does not apply to: have agreed to do so as part of a written contract, a. Any "occurrence" that takes place after executed by you prior to loss. the equipment lease expires;or F. BLANKET ADDITIONAL INSURED — MANAG- b. ERS OR LESSORS OF PREMISES b. Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- WHO IS AN INSURED (Section II)is amended to ditional insured. include as an insured any person or organization (referred to below as "additional insured") with 3. The insurance afforded to the additional in- whom you have agreed in a written contract, exe- sured is excess over any valid and collectible cuted prior to loss, to name as an additional in- insurance available to such additional in- sured, but only with respect to liability arising out sured, unless you have agreed in a written of the ownership, maintenance or use of that part contract for this insurance to apply on a pn- of any premises leased to you, subject to the fol- mary or contributory basis. lowing provisions: H. INCIDENTAL MEDICAL MALPRACTICE 1. Limits of Insurance. The limits of insurance 1. The definition of "bodily injury' in DEFINI- afforded to the additional insured shall be the TIONS(Section V) is amended to include "In- limits which you agreed to provide, or the lira- cidental Medical Malpractice Injury". Page 4 of 7 Copyright,The Travelers Indemnity Company,2003 CG D1 8711 03 Client#: 126 3 ONOGRO ACORDTM C OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/10/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange CountyHOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 Fullerton,CA 92831 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property Casualty Co 25674 Econolite Traffic Engineering& INSURER B: Maintenance,Inc. INSURER C: 3360 E.La Palma Ave. INSURER D: Anaheim,CA 92806 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR JINSRC DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS MADE n OCCUR MED EXP(Any one person) _ $ PERSONAL&ADV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICYi"-]JERCT El LOC A AUTOMOBILE LIABILITY 8103193N600 04/27/09 04/27/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABIUTY EACH OCCURRENCE $ nOCCUR ['1 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND _TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is added as Additional Insured per policy form#CAT3010299 as part of policy #8103193 N 600TI L09. RE:Traffic Signal Maintenance Fiscal Years 2009-2010,2010-2011 &2011-2012. Certificate Holder amended to read:The City of Rancho Palos Verdes,its elected officials,officers, attorneys,agents,employees,and volunteers CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rancho Palos Verdes DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL M) DAYS WRITTEN City Hall/City Manager NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 30940 Hawthorne Blvd IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Rancho Palos Verdes,CA 90275 REPRESENTATIVES. AUTHORIZED REPRESENT ATIVE 11,04R" 4)c/4 ) ACORD 25(2001/08)1 of 2 #53696280/M3471724 CLRAG 0 ACORD CORPORATION 1988 ,, , ., • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S3696280/M3471724 , , I COMMERCIAL AUTO POLICY NUMBER: 8103193N600TIL09 ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision 1. No liability is assumed by that person or organi- includes the person or organization indicated below, zation for the payment of any premiums stated in but only for his, her or its liability because of acts or the policy or earned under the policy. omissions of an "insured" under paragraphs a. or b. of 2. In the event of cancellation of the policy, written that provision, subject to the following additional pro- notice of cancellation will be mailed by us to that visions: person or organization. Person or Organization Address City of Rancho Palos Verdes, its elected officials, officers, attorneys, agents, employees, and volunteers Attn.: City Hall - City Manager 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 RE:Traffic Signal Maintenance Fiscal Years 2009-2010,2010-2011 &2011-2012 CA T3 01 02 99 Page 1 of 1 BOND RIDER To be attached to and form a part of Type of Bond: Payment(Labor and Materials)Bond Bond No. LPM7609166 executed by Econolite Traffic Engineering and Maintenance, Inc,as Principal, and by Fidelity and Deposit Company of Maryland as Surety, in favor of City of Rancho Palos Verdes and dated June 11,2009 In consideration of the premium charged for the above referenced bond, it is hereby agreed to change: The Principal's name on the referenced bond is amended to read: Aegis ITS,Inc. The above referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective January 10.2012 Signed and Sealed January 25.2012 Principal: Aegis ITS, Inc. By: •...�..� Surety: Fidelity an•1 Deposit Company of M= a = d By: Adri- - al: ue, • o ey-1-Fact 1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 F f. State of California County of oronqe 1g FA On OI.Z?. 12 before me, MOl tmbe(lin NC YJ Puinis � oats � Here Insert Name and Title of the Officer ' personally appeared FOOne-i m s *. I. Name(s)of Signer(s) 0 who proved to me on the basis of satisfactory54. 1evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in IMOLLYRUTHKIM:ERUZ"1his/her/their authorized ca c' yes and that by d," �'� Commission � 1906070 � �Y( �' �� Z his/her/their signature(s) on the instrument the`'= Notary Public California z 7i,---46 to `` ..�•. or the entityupon behalf of which the 7 ����� �' Orange County person(s), P 0 " My Comm t xptfes Sep 30,20 1 4 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. kA. SA WITNESS my hand and official seal. t w `" 1 y Signature: t Place Notary Seal Above S" lure of Notary td1P FFA OPTIONAL z4 Though the information below g e/o is not required by law,it may prove valuable to persons relying on the document g. and could prevent fraudulent removal and reattachment of this form to another document. 11 Description of Attached Document Title or Type of Document: II I,Document Date: Number of Pages: f i g0 Signer(s)Other Than Named Above: g Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer-Title(s): C.Corporate Officer-Title(s): r1 Individual RIGHT THUMBPRINT n Individual RIGHT THUMBPRINT < OF SIGNER OF SIGNER g ❑ Partner-❑Limited C General Top of thumb here ❑Partner-Li Limited 7 General Top of thumb here E Attorney in Fact Li Attorney in Fact 1 g ❑ Trustee '1 Trustee , 11 Guardian or Conservator C Guardian or Conservator t ❑ Other: ❑Other: �11 Ls OA FA Signer Is Representing: Signer Is Representing: FA . -�^�=s. =r 02010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT State of California County of Orange ) On January 25, 2012 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the persor(sr whose names) is/a.re subscribed to the within instrument and acknowledged to me that-he/she/tbes/executed the same in piss/her/pelf authorized capacity i , and that by pis1her/he1f signature(s)on the instrument the person,;; or the entity upon behalf of which the person(t) 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. ', ' ; SUSAN PONSELL COMM.I 1927089 2 C„ .4- _ NOTARY PUBLIC CALIFORNIA2 `` ;`'� ORANGE COUNTY •, My Commission EPht Mon*27.2016 Signature (Seal) 1 , . f Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GREGORY E.MURRAY, Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Law • :id Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect ,,ti,al': = =-reof,does hereby nominate,constitute and appoint Adriana VALENZUELA,of Fullerto., r t , l• 1 e stx :�vful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and • • �^ , .1 . - : . y .. �;� eed. any and all bonds and undertakings,and the execution of such.b • •skin� h E� ; g , � p ,�, these presents,shall be as bindingupon said Company,as an, is a i s.,:- .��► p fully _ ,,.� i ey had been duly executed and acknowledged by the regularl -I �� • e k t• 'ice in Baltimore,Md.,in their own proper persons. The said Assistant . $i I eV ere•, -- 1!... 9. ct set forth on the reverse side hereof is a true copy of Article VI, Section 2 of the B - . .•. x.11 :r.d T.' ow in force. By- t�"' or IN WITNESS W- -' �,: e said Vice-President and Assistant Secretary ry have hereunto subscribed their names and affixed the Corporat- ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, A.D.2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND i: P O O r _ is W ins a , -,. AL. it / i l fr I �� i Wit, 5,41`' Ar_4,,, n rte, By: Gregory E. Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore On this 6th day of August, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. !,,,,, i.,•:. - ,. :, l' ----r. C „ , _.- -%,(i;,.,-.;-.-''',''' Constance A. Dunn Notary Public My Commission Expires: July 14,2015 POA-F 012-4152G . . EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, JAN 2 5 201? this day oficx ‘\),. 4‘A'r4"-- •• • • Assistant Secretary