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All American Asphalt Inc (Sept 2009) RECORDING REQUESTED BY: • I i . City Clerk WHEN RECORDED MAIL TO: City Clerk 1 Name City of Rancho Palos V:•rdes 30940 Hawthorne Blvd /iIiIiII1i/1iiIi!iiI//// 07/21/2010 reet Address City r ft State Rancho Palos Verdes 7 r'` 1 90275 Space above this line for recorders use WOLCOTTS FORMS INC. SINCE 1893 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the owner is City of Rancho Palos Verdes • 3. The full address of the owner is I • I . . . • • • - . • . _ a s • •- • - • - - • S 4. The nature of the interest or estate of the owner is:In fee. (If other than Fee,strike in fee and insert,for example,'purchaser under contract of purchase;or'Lessee") 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on June 15, 2010 .The work done was: Arterial Street Resurfacing Project 07-08, 08-09 Fed Pro's; 5413-010 8. The names of the contractor,if any,for such work of improvement was All American Asphalt Inc (If no contractor for work o in prodement as a viole,insert'None) (Date of Contract) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of Angeles ,State of CA ,and is described as follows: Various Location (see attach) 10. The street address of said property is various Locations (see attached) (If no street address has been officially assigned,insert"none.) Dated 7/20/2010CAAA-6.1ft. L (Signature of Owner or corporate officer of Owner named in paragraph 2.or his agent) VERIFICATION I,the undersigned,say:I am the Cit y C 1 e rk ,the Declarant of the foregoing Notice of Completion; (President of,Manager of,Partner of,Owner of,etc.) I have read said Notice of Completion and know the contents thereof;the same is true to my own knowledge.I declare under penalty of perjury that the foregoing is true and correct. Executed on o 2 ,201 0 . City .f Rancho Palos Verdes CA . %..� 1/ (Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) Before you use this form fill in all blanks,and make whatever changes are appropriate and necessary �'I I'i1111111111 to your particular transaction.Consult a lawyer if you doubt the forms fitness for your purpose and use. rli Wolcotts makes no representation or warranty,express or implied,with respect to the merchantability 7 '167775 01114 z or fitness of this form for an intended use or purpose. 02005 WOLCOTTS FORMS,INC. FORM 1114 Rev.10-05 • DO NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The `owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one co-tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements"); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need to given if there is no general contractor, e.g. on so- called "owner-builder jobs." In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. • t / A This page is part of your document-DO NOT DISCARD 0. ;gzsil.44,,, 20100998474 /AA;A III HID II I 01011 DII 1111110 I ff if+ tali; RecordediF„ed in official Records �+mw' , 07mi10 AT 02.43vm FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 11010 I NII ifiIlul IIIIIII II VIII I III II IIII H IINY II LEADSHEET AIA I�I III DID llD I11III IIS nl III NII III ILII IIS IAI II IA 201007210060076 00002690160 1110 1111 1101 OIl 1111 1111 H IllO 1101 lii Ill SEQ: 03 11101umsie1110 110111111ieeiineim � 1111111111111111111111011111111110111111111111111011111111111111 u11n • Bond No: 08950471 Warranty/Maintenance Bond Executed in Two(2)Parts KNOW ALL MEN BY THESE PRESENTS,that we All American Asphalt hereinafter called Principal,as Principal,and Fidelity and Deposit Company of Maryland a corporation of the State of Maryland , , ,hereinafter called Surety,as Surety, are held and firmly bound unto the City of Rancho Palos Verdes,CA. hereinafter called Obligee in the sum of Two Million,Thirty Six Thousand,Eight Hundred Thirty Nine and 38/100ths ($2,036,839.38)DOLLARS,lawful money of the United States of America,to be paid to the said Obligee,or its successors or assigns,to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. SIGNED,sealed and dated this 26th day of July 2010 WHEREAS,the Principal entered into a contract with the said Obligee,dated September 1,2009 for Arterial Street Resurfacing Project(2007-2008 and 2008-2009),ESPL-5413(010)-See Reverse Side for Complete and Job Description WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS,said contract was completed and accepted on the 30th day of April 2010 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall remedy,without cost to the Obligee,any defects which may develop during a period of One(1)Year from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship,then this obligation shall be void:otherwise it shall be and remain in full force and effect. A EST: All American •sphalt /y By: !/' 2.0-T : ►77"rorY1-71 t C+ ►� if Fidelity and Deposit Company of Maryland t�� 1 i' Ai " ay: Barbara J.Bender Rebecca Haas-Bates ,Attorney-in-Fact CON80010ZZO6OI f JOB DESCRIPTION: Arterial Street Resurfacing Project(2007-2008 and 2008-2009) Hawthorne Boulevard from Palos Verdes Drive West to Dupre Drive and from Verde Ridge Road to Indian Peak Road; Palos Verdes Drive West(northbound) from Hawthorne Boulevard to North City Limit: Palos Verdes Drive South(eastbound) from Terranea Way to 2,200 feet west, ESPL-5413(010) ' r ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On July 27,2010 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name*Of Signer(sr f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in /l,er/•heir his/hertbeir I :ICorn # 17o09l BRENDA L. ROYSTER his,n�rr authorized capacity(ies), and that by his,,,�„�R mission 22 signature(s) on the instrument the person(s), or the entity upon behalf @. Notary Public -California of which the person(s)acted,executed the instrument. ' Riverside County MyComm.Expir sOct26,201o't I certify under PENALTY OF PERJURY under the laws of the State of `` California that the forgoing paragraph is true and correct. WITNESS my nd and official eal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Warranty/Maintenance Bond—City of Rancho Palos Verdes Document Date: July 26, 2010 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates,Attorney-in-Fact, Barbara J. Bender,Notary Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: o Individual o Individual x Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s): o Partner—o Limited o General o Partner—o Limited o Gen: .1 RIGHT THI IP:lEPRINT RIGHT THHf.'FFRVJT ❑Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER El Trustee Top of thumb here Top of thumb here o Trustee o Other: o Other: Signer is Representing: Signer is Re,resenting: All American As•halt ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c��.•;'•:> i,?-.>,.c?�..:�;�:���%�>�>�.i��,.L��,.�?t%jS:'c�S,si-�,.=�5�vTi;..c�ci..:�.�a>�=)5;�4�.C,�>.L!�.!.�t��?.�v'?.�5,:��a.'..'�,na';.�a,-R��;=�!:i.',.72�aS!'3'�a�.."•"'�C:7 State of California County of Orange On 7-26-10 before me, Barbara J. Bender, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas Bates Nam(*)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name( is/ere subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in Ns/her/their authorized capacity(ies), and that by his/her/41;4r signature(s).on the instrument the person(* or the entity upon behalf of which the persons}acted, executed the instrument. BARBARA J. BENDER Commission# 1801899 I certify under PENALTY OF PERJURY under the laws z � Notary Public-California of the State of California that the foregoing paragraph is �?_' Orange County - true and correct. My Comm.Expires Jul 13,2012 WITNESS - d and icial -. 40IF Lr Place Notary Seal Above Signature 11�I. Signature ry Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Warranty/Maintenance Bond No. 08950471 Document Date: 7-26-10 Number of Pages: One(1) Signer(s)Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑ Individual E Individual • Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General cxrrHi a r ❑ Partner—❑ Limited I:General RIGHTIMME3PRINT El Attorney in Fact OF S4GNER S Attorney in Fact OF SIGNER Trustee Top of thumb here ❑Trustee Top of thumb here • Guardian or Conservator ❑Guardian or Conservator ▪ Other: ❑Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland • _ _ -r-4 . _•_•._•..� �.�..� � C S .ry�£ca6 "e%4.ryy� "E%4"c-Xti`E%G` ©2007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNotaryorg Item 4(5907 Reorder.Call Toll-Free 1-800-876-6827 • 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 WILLIAM J.MILLS,Vice President,and GREGORY E.MURRAY,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said c .. y,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d.. me. 1.me. ereby nominate, constitute and appoint William SYRKIN,Rebecca HAAS-BATES an1� ` t,k• f Irvine,California, EACH its true and lawful agent and Attorney-in-Fact,to mals.- - � `Z c c Ae 1. lh: r behalf as surety,and as its act and deed: any and all bonds and undert• ;its rri,'ecu •a icil :'orundertakings in pursuance of these presents,shall be as binding upon .'10 � 1 d . 9 •.1 a ents and purposes,as if they had been duly executed and acknowled_-. f y ele _walls 1 - ompany at its office in Baltimore,Md.,in their own proper persons i 'mer � cm- ���`�: .1ft. 'ec on behalf of William SYRKIN,Rebecca HAAS-BATES, Sergio D.BECHA' . dAl, � '0. ed April 8,2008. The said Assistant .- : �i'tis eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-L. s . said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September,A.D.2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND .p"POs., 'O a 'MAW. l/J\ 1, V q,'WI'a By: 1 Gregory E. Murray Assistant Secretary William.1 Mills Vice President State of Maryland ss: City of Baltimore f On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, 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. �`{< `l jus`'% %fit .IC�F J /. D #.. r'f'4�It111t,```� Maria D.Adamski Notary Public My Commission Expires: July 8,2011 POA-F 012-0033 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 26TH day of JULY , 2010 Assistant Secretary • CITY OF RANCHO PALOS VERDES CONTRACT FOR: ARTERIAL STREET RESURFACING PROJECT (2007-2008 and 2008-2009) HAWTHORNE BOULEVARD FROM PALOS VERDES DRIVE WEST TO DUPRE DRIVE AND FROM VERDE RIDGE ROAD TO INDIAN PEAK ROAD PALOS VERDES DRIVE WEST(N/B) FROM HAWTHORNE BOULEVARD TO NORTH CITY LIMIT PALOS VERDES DRIVE SOUTH (E/B) FROM TERRANEA WAY TO 2,200 FEET WEST FEDERAL PROJECT NO.ESPL 5413(010) THIS AGREEMENT is made and entered this -15t" day of S *r200 4‘, by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as"City"and A LA... A I"k %CikN 1111,0p10kt:5 I N�• hereinafter referred to as"Contractor." WITNESSETH: WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this reference,and WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the Proposal,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: Arterial Street Resurfacing Project (200 -2008 and 2008-2009)- Hawthorne Boulevard from Palos Verdes drive West to Dupre Drive and from Verde Ridge Road to Indian Peak Road; Palos Verdes Drive West (northbound) from Hawthorne Boulevard to North City Limit; Palos Verdes Drive South(eastbound)from Terranea Way to 2.200 feet west as described in these Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled "Standard Specifications." In the event of any conflict between the terms of this agreement and any of the above- referenced documents,the terms of this agreement shall be controlling. 2. 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 as a part of these Plans and Specifications and in accordance with the Special Provisions. SPC08-28 C- 1 8-8 • 3. 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 whatever for or against City. 4. Assignment. This agreement may not be assigned by Contractor, in whole or in part,without the prior written consent of City. 5. Termination. This Agreement may be canceled by City at any time without penalty upon thirty (30)days'written notice. In the event of termination without fault of Contractor, City chall pay Contractor for all services rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. 6. Workers' 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 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." 7. Prevailing Wages. CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft, classification, or type of workman needed to execute this contract. CONTRACTOR further acknowledges that this is a federally assisted construction contract and that federal labor standards provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts, will be enforced. CONTRACTOR understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm),the higher of the two will prevail. 8. Suit; Recovery of Attorney 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 and court costs. SPC08-28 C-2 8-9 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF ',ally O PALOS VErj, By: Mayor ATTEST: By: (/? / City Clerk CONTRACT• ': // By: -ss - ( " 1 e • - V( - 'AA3S . iiittsruciftu A55P 0-6r . Printed Name Date SPC08-28 C-3 8-1 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On September 15, 2009 before me, Brenda L. Royster,Notary Public Date Here Insert name and Tdle of the Officer personally appeared Robert Bradley and Mark Luer Name(s)of Signer(s) f who proved to me on the basis of satisfactory evidence to be the BRENDA L. ROYSTER person(s) whose name(s) is/are subscribed to the within instrument Commission # 1700922 and acknowledged to me that lae/slae/they executed the same in :i 7Notary Public -California #mer/their authorized capacity(ies), and that by hic/her/their i''lf,' Riverside County F. signature(s) on the instrument the person(s), or the entity upon behalf To.LMyC0rTVn1.ExPub0S0Ct2&2010 of which the persons)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESS m/ and and official seal. , / , / r Signature i A' , `� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract —City of Rancho Palos Verdes Document Date: September 15, 2009 Number of Pages: 5 Signer(s)Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Mark Luer o Individual ❑ Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner—❑ Limited o General o Partner—❑ Limited o General RIGHT THUMBPRINT RIGHT THUMEPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 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 the employment of apprentices on public works projects, and further agrees that 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 8 hours in any one calendar day and 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: "1 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 COPT--.1 . (V a�� Signature 1:14,--itir ga..fl-ate SPC08-28 C- 11 8-18 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/permit No.or description: 4-kial SMEEr £ JgFCL P -- 2.007 & 24 o Zivet) 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, materialmen, 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 Indemnite&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, then all obligations,liabilities,covenants and conditions under this instrument shall be joint and several. "Indemnitor"P-Dgetz. Name Ite-A-oczyName kT�' By: ��� By: Its v[ � ( Its �1 4.45T SPC08-28 C- 12 8-19 Executed in Duplicate Bond No,08950471 PAYMENT BOND Premium: Included in Performance Bopd (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to All American Asphalt 400 East Sixth Street, Corona, CA 91718 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Arterial Street Resurfacing icct,(2007-200$ X4.2008 2009) Hawthorne Boulcyatcl.frorn alas Verdes driveWest to Dui Drive and froom Verde._Ridge Road to Indian PcakRoad: Pa]as_Verdes Drive West [r�o bounell_fmm Cawthorne Boulevard to orth Ci�alos Verdes_ )nve South,(eastbound)from Terranea Way to 2,200 feet.west, — WHEREAS, Principal is required ander the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialnren,and other persons as provided by law. NOW,THEREFORE, we,the undersigned Principal,and Fidelity and Deposit Company of Maryland 801 North Brand Boulevard, Penthouse Suite,Glendale,CA 91203 (Nrlme and address ofai ty) ("Surety") a duly admitted surety insurer under the laws of the State of California., as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Million Seventy Three Thousand and No/100ths--- Dollars ($2,073000.00 ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sura well and truly to be made, we bind ourselves, our heirs, executors,administrators, successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil. Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of, the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is bought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time,alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code'2845 and 2849. SPC08-28 C- 6 8-13 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set - forth below, the ranee of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives)pursuant to authority of its governing body. Dated; September 10, 2009 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland By; , ;66,u- _ B Rs ';66, .7-Pah-A-Otey )t °/t,ISS. Its Owen M. Brown, Attorney-in-Fact By: By: Its µ14it1L(,l t C' SE -P--E171-12-tiIts (Seal) (seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS,WATSON&ciERSHON A Professional Corporation By: . . By. Insurance Administrator Public Agency Attorney Note: This bond must be executed in d1plicate and dated, all*nettle=must be natar and evidence of the authority of any meson signing as artor rey-in fact mica be arched SPC08-28 C- 7 8-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On September 15, 2009 before me, Brenda L. Royster,Notary Public , Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Mark Luer Name(s)of Signer(s) f who proved to me on the basis of satisfactory evidence to be the BRENDA L. ROYSTER person(s) whose name(s) is/are subscribed to the within instrument �o Commission # 1700922 and acknowledged to me that he/she/they executed the same in • " ais/her/their authorized capacity(ies), and that by his/hem/their • Notary Public -California z z t /' Riverside County a signature(s) on the instrument the person(s), or the entity upon behalf MyConvn.Expiresoct26,2o10 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 forgoing paragraph is true and correct. WITNESS my nd and official seal. g Si nature . d J 4 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond —City of Rancho Palos Verdes Document Date: September 10, 2009 Number of Pages: 3 Signer(s)Other Than Named Above: Owen M. Brown, Attorney-In-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Mark Luer o Individual o Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner—❑ Limited o General o Partner—o Limited❑General RIGHT TI-WI IBFRINT RIGHT THHI IEPRINT o Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 09/10/2009 before me, Barbara J. Bender, Notary Public Date Here Insert Name and Title of the Officer personally appeared Owen M. Brown Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/efe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/13ei Choir authorized capacity(iee), and that by his/her eif signature(s}on the instrument the person( ,, or the entity upon behalf of which the persons-acted, executed the instrument. BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws 3 Commission# 1801899 Notary Public-California g of the State of Ca ornia that the foregoing paragraph is ' . Orange County true and correct M Comm.Ex firseJ P ul 13,2012 WITNESS my fie and ycial se ISignature ,`—� ��I Place Notary Seal Above Signature of Notary Pudic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond#08950471 Document Date: September 10, 2009 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Owen M. Brown Signer's Name: ❑ Individual ❑ Individual Li Corporate Officer—Title(s): ❑Corporate Officer—Title(s): Li Partner—❑ Limited O General n Partner—❑ Limited 0 General RIGHT THUMBPPINT FOG HT THUMBPRINT El Attorney in Fact OF SIGNER U.Attorney in Fact OF SIGNER Trustee Top of thumb here Top of thumb here Trustee Guardian or Conservator U Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland wc^ cea : • �c�rsu^ K s�^�cs�cs�c^E c c ^r✓c^ c^�e^E c e e^ ©2007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 Executed in Duplicate Bond No. 08950471 Premium: $8,810.00 ., PERFORMANCE BOND Premium is for contract term and is subject •++ to adjustment based on final contract price KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"),has awarded to All American Asphalt 400 East Sixth Street, Corona, CA 91718 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Arterial Stet Resurfacing Project( QQ'�- OOS and 2008 2009)Hawthq ne_Bouleyard-from Ralna Verdes drj West.to 1)up e p e and from _VercleAidne..Road to Indian.Peak Road: flalos Verdes I� west (i o beautd) from awtliorne Boulevard to North •ty Liomi : Palos Verdes Drive South f 4200 feet west. °und) rf -Tet�uea Wa to WHEREAS, Principal is required under the terms of the Contract to famish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal,and Fidelity and Deposit Company of Maryland 801 North Brand Boulevard, Penthouse Suite, Glendale, CA 91203 (Name and address of&uaty) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Million Seventy Three Thousand and No/100ths--- — l]ollats this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these proscuts. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms,covenants,conditions and agreements in the Contract and any alteration thereof made as therein provided, oil the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTI-M.,the Surety,for value received, hereby stipulates and agrees that no change,extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the sPCO8-28 C -8 8-15 • provisions of California Civil Code ' 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: September 10, 2009 "Principal" "Surety" All American Asphalt — Fidelity and Deposit Company of Maryland By: 7V By: ta Zo: - b • • - , VcCe, . Its Owen M. Brown, Attorney-in-Fact By: ` By: Its 6-t (.w ',: Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL.AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: _. Br� Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated. alt signottmec must be notarized, and evidence of the authority of any person signing as attorney-in-fact mast be attached SPCOE-28 C-9 8-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On September 15, 2009 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Mark Luer Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the BRENDA L. ROYSTER person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 7,411 -NN Commission # 1700922 his/heF/their authorized capacity(ies), and that by hisAher/their �. Notary Public -California > signature(s) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s)acted,executed the instrument. MyComm.Expires Oct 26,2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and official seal. Signature X / Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond —City of Rancho Palos Verdes Document Date: September 10, 2009 Number of Pages: 4 Signer(s)Other Than Named Above: Owen M. Brown, Attorney-In-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Mark Luer ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner—o Limited❑General ❑ Partner—❑ Limited❑General RIGHT THU648PPINT FIGHT'HI f:1EPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER CI Trustee Top of thumb here Top of thumb here ❑Trustee ❑Other: ❑Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 09/10/2009 before me, Barbara J. Bender, Notary Public Date Here Insert Name and Title of the Officer personally appeared Owen M. Brown Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the persona) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/140417 it authorized capacity(tes), and that by his/her eif signature(s).on the instrument the person* or the entity upon behalf of which the person(s}acted, executed the instrument. BARBARA J. BENDER iffAitA Commission# 1801899 I certify under PENALTY OF PERJURY under the laws Notary Public-California > of the State of California that the foregoing paragraph is Orange County true and correc My Comm.Expires Jul 13,2012 WITNESS m; k,„,;d and%ficial se. / Signature .004i i �L. � ��L Place Notary Seal Above -.nature.1N.FF Puy OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond#08950471 Document Date: September 10, 2009 Number of Pages: Two (2) Signer(s)Other Than Named Above: All American Asphalt Capacity(ies)Claimed by Signer(s) Signer's Name: Owen M. Brown Signer's Name: O Individual 0 Individual • Corporate Officer—Title(s): 0 Corporate Officer—Title(s): O Partner—0 Limited 0 General0 Partner—0 Limited 0 General Riff Ht"THt3RMB?t INT RIGHT TH'P tBPf'iINT E l Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER Top of thumb here Top of thumb here Li Trustee ❑Trustee • Guardian or Conservator U.Guardian or Conservator Li Other: 0 Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland di'e�G"�4'L'a' ' ✓G'Yi'YG'✓�'y5•✓<'_'dam'✓�'!/WC wt ti'tlG�s:G'✓i^•✓ ✓G\��!KdS�✓,'_✓G YG'Y'a' ;Y'YG't/'L'Y'✓G'Nf'•✓�'_'Y'a�G'NG-✓ ®2007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder.Call Toil-Free 1-800-876-6827 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 WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, . * ''are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h• eflat das rm•by nominate,constitute and appoint Owen M.BROWN,of Anaheim,California, its true and +� *tt'+ o �• act,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act .���: ++::' •,1 al : • • ,�4411;^ •kings,and the execution of such bonds or undertakings in pursuan : = •r-�v s,s+.,' .,, y '+on said Company,as fully and amply,to all intents and purposes,as if th• • ;p i •xe Aid P;y T �—aged by the regularly elected officers of the Company at its office in Bal�•+ , 1` hear on.• ;g,+, le rw. . This power of attorney revokes that issued on behalf of Owen M. q``t'�: +atR -•ru. y The said Assistant c . a•:+. lia - at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- .'•; j t • •any,and is now in force. IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of December,A.D.2004. A 1-1'hST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp ',Ups , \-1s 1.0` ,Ups�t o ; q, T /�, /sem l�— ✓ ;.rj, By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland l ss: City of Baltimore f On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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. •;,.;:c:%.,(1,1 I C. :F., i\ / i Maria D.Adamski Notary Public My Commission Expires: July 8,2011 POA-F 012-4160 • 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 10th day of September 2009 Assistant Secretary