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AMENDMENT NO 1 TO THE LANDSCAPE MAINTENANCE SERVICES
.1, '"*": , 14 CONTRACT (2014) BY AND BETWEEN THE CITY OF ARCADIA AND \ i 0 0
'` '�-')' MARIPOSA LANDSCAPE, INC.
This Amendment No. 1 ("Amendment No. 1") is hereby entered.into this `3. day of
ft , 2016 by and between the City of Arcadia, a municipal corporation of'the
St te. f California, and Mariposa Landscape, Inc., with respect to that certain Contract between '
the parties dated February 4, 2015 ("Contract").
i
The Parties agree as follows:
1. Section 3.3.4 of the Contract, the Term is hereby extended from February 4, 2016 to
February 4, 2017 ("Extended Term").
2. All terms and provisions of the Contract not amended by this Amendment No. 1 are
hereby reaffirmed.
In witness whereof the Parties have executed this Amendment No. 1 on the date set
forth below.
CITY OF ARCADIA MARIPOSA LANDSCAPE, INC.
r
3 'r•- B
Dominic Lazzare 0
City Manager . Title: `PRA; v641-
Dated: tvr i L FS 1 2.O i ( Dated: 3 / 2-9/ i o .
i ..1„,,,-___ Cli".../L_____
. By:
'A ST: 1 1 Title: Vt C,E PatipeNir
6
' i iil! AA Dated: 3t/Rif 0
it er U
APPROVED AS TO FORM CONCUR:
, .,.,Nittrt j l G
Stephen P. Deitsch om Tait
City Attorney Public Works Services Director
bond No.:024055394
Issued in Triplicate
Bond Premium: Included
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter"Obligee") has awarded to
MARIPOSA LANDSCAPE,INC.(hereinafter"Contractor"), a contract for work consisting of
but not limited to,furnishing all labor, materials, tools, equipment,services, and incidentals -
for the construction of the LANDSCAPE MAINTENANCE SERVICES CONTRACT.
(201412015) and all other required structures and facilities within the rights-of-way,
easements and permits;
WHEREAS,the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated February 4, 2015, and
further amended by Amendment No. 1 datedv�pf i I N, -. �T ., (hereinafter
the "Public Work Contract"); and "I
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any::
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond.
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW,THEREFORE,we Mariposa Landscapes, Inc.
the undersigned Contractor,as Principal
and . The Ohio Casualty Insurance Company a corporation
organized and existing under the laws of the State of New Hampshire
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of FOUR HUNDRED SEVENTY-TWO THOUSAND, FIVE
HUNDRED SIXTY DOLLARS AND NO CENTS, ($472,560.00), said sum being not less
than 100% of the total amount payable by said Obligee under the terms of the said Public
• Work Contract,for which payment well and truly to be made,we bind ourselves,our heirs,
executors and administrators, successors and assigns jointly and severally,firmly by these
•
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs,executors, administrators,successors, or assigns,shall fail to pay
for any materials,provisions, or other supplies or machinery used in, upon,for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind,or
fail to pay any of the persons named in California Civil Code Section 3181,or amounts due
RVPMADRD1570026 PAYMENT BOND- 1 GB-STATE&LOCAL f620)(If24100)
•
under the Unemployment Insurance Code with respect to work or labor performed by any
such claimant, or for any amounts required to be deducted,withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with -
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies,then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the;
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110,3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the'
•
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change,extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF,we have hereto set our hands and seals this 28th
day on March 20 16 .
•
Mariposa Landscapes, Inc.
Principal/Contractor
By: MIN
Pres':ent
The Ohio Casualty Insurance Company
Surety
By: . :a
David B.Sandi ord, m: -in-Fact
RVPUB\DRD\570026 PAYMENT BOND -2 611-STATE,LOCAL(62G)(7124/00)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Antonio Valenzuela , certify that I am the
Secretary of the corporation
named as principal to the within bond; that
Terry Noriega who signed the said bond on behalf
of the principal was then President of said
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by authority
of its governing Board.
(Corporate Seal)
Signature
03/29/2016
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUBIDRD1562370 PERFORMANCE BOND - 3 GB-STATE&LOCAL(610)(7/24/00)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On March 28, 2016 before me, Irma Urbina, Notary Public
(Here insert name and title of the officer) '
Personally appeared David B. Sandiford
who proved to me on the basis of satisfactory evidence to be the person(I-) whose name(a) is/ate-subscribed
to the within instrument and acknowledgement to me that hets-ke- -executed the same in his/ eth� r>•-
authorized capacity(;), and that by his/i riLtei.p signature() on the instrument the person(s), or the entity
upon behalf of which the person($acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WI 'NESS my hand and official seal. ��' IRMA URBINA
ai. -�.��i COMM. #2143668 a
AiLliJ -- Z -,_.•. Notary Public-California
(Notary Seal) Los Angeles County —
Signature of Notary Public ''ru,Ls" 1,--.EX ire5 Fpb ,
e
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
FORM '
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is if a
AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,ably alternative
(Title or description of attached document) acknowledgment verbiage as may he printed on such a document:so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e.certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages • State and County information must be the State and County where the
document
signer(s)personally appeared before the notary public for acknowledgment.
Document Date • Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Additional Information commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they.is/are)or circling the correct forms. Failure to correctly indicate
CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a
❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
(Title) of the county clerk.
❑ Partner(s) Additional information is not required but could help to ensure this
❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document.
I
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On March 29, 2016 before me, Irma Urbina, Notary Public
(Here insert name and title of the officer)
Personally appeared Terry Noriega, President
who proved to me on the basis of satisfactory evidence to be the person(.s whose name(a) is/a-e- subscribed
to the within instrument and acknowledgement to me that he/ i —tey-executed the same in his/liet4titeir
authorized capacity(), and that by hisilie,Thheiv signature(s) on the instrument the person(, or the entity
upon behalf of which the person(s).acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
IRMA URBINA •
TTNESS m hand and fficial seal. �,,.�! � COMM. #2143668
y r 0Ws, .;�;P Notary Public•California
J - . o
Z , 1 Los Angeles County
(Notary Seal) �'?a?' Comm.Ex�ues Feb.21,2020
Signature of Notary Public
r
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he
property completed and attached to that document. The only exception is f a
AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e.certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages • State and County information must be the State and Cdunty where the
document
signer(s)personally appeared before the notary public for acknowledgment.
Document Date • Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Additional Information commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms. Failure to correctly indicate
CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a
❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
(Title) of the county clerk.
❑ Partner(s) Additional information is not required but could help to ensure this
❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On March 29, 2016 before me, Irma Urbina, Notary Public
(Here insert name and title of the officer)
Personally appeared Antonio Valenzuela, Secretary
who proved to me on the basis of satisfactory evidence to be the person( whose name(&) is/ate subscribed
to the within instrument and acknowledgement to me that he%&he- ley executed the same in his/h-e. n �t
authorized capacityO, and that by his/ t• >' signature(&) on the instrument the person(s), or the entity
upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
'
WITNESS my hand and official seal. •''�w`r IRMA URBINA
COMM. #2143668 z
J. �/ Z r'r" Notary Angeles California unty
(Notary Seal) ?� ��� Los Arlpeles County
Signature of Notary Public
`thr-i 5- - Comm.Fit r Tres Feb.21,2020•
• •
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is if a
AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e.certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages • State and County information must be the State and County where the
document
signer(s)personally appeared before the notary public for acknowledgment.
Document Date • Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Additional Information commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are) or circling the correct forms. Failure to correctly indicate
CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a
❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
(Tide) of the county clerk.
❑ Partner(s) Additional information is not required but could help to ensure this
❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS-IT"IS PRINTED ON"RED BACKGROUND. .- = .:•:;.-=J_: _; "`-'r.:::`._-.-7
- This Power.of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner:and to the extent herein stated: - ___ _
_ _ = _ --Certificate-NO-7_132113
_ - : ,American Fire and Casualty-Company- .". • - Liberty Mutual Insurance Company." __ _ -:::1-. - - _ • _ = _ - -
The Ohio Casualty Insurance Company West Aniericari Insurance"Company. '.'"- _: _ 7. _ = - "
. .- - POWER-OF ATTORNEY- _ _ = -" = -.
. KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly under the laws-of' •:-.
e:
_ th State of New Hampshire,that Liberty Mutual Insurance Company is ecorporation duly organized unr de the laws of the State of Massachusetts,and_West American Insurance Company_ -
is a corporation duly organized under the laws of the State of Indiana(herein collectively.called the"Companies°);pursuant to and by authority herein set forth;does hereby name Constitute:
and appoint, David B.Sandiford;Jeffrey R.Gryde- : _ : :.- :, _-._ ". _-: - _ =
- - all of the city of Laguna Niguel- ,state of CA :: :. •each individually if there be more than one named:its tnie and lawful attorney-in-factto rriake;:execute seal;,acknowtedge_'
• and deliver,for and on its•behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligation-S,in pursuance:of.these presents an_d:shall:
be as binding upon the Companies as if they have been-duly signed by the president_and attested_by the secretary of the Companies in their own-proper persons::7 ::: -
IN WITNESS WHEREOF,this Power of-Attorney has been subscribed by an authorized officer or official of the Companies and the:corporate seals"ofthe.Companieshave-been'affixed- - _
thereto this stn day of October 2015 __
_ Obe " : .. - - _ [ _-"J'•- -
- -.- " " - :1": Amercan"Fire-and Casualty.Compariy_ ; _:
/;•1D C1 - - pct INSU - ,,,14SU4 ";WSUq ' - - ' _. •_ _ _ - _ " - "
pti r; '{t:,9e - J�.n+ :. "y .�JP Pt'')i„V��p Q�C',�fi•�.���:,,rc _ -- The Ohio Casualt -Insurance:Com an - - = N
" - Liberty Mutual Insurance Company w
a 1906 0 0 1919 f1 ,- 1912: ° ..- 1991 - - - - - " "- - C_
z _° x y a West merican Insurance Cori1 an
c` a s - _ p Y
* =
C STATE OF PENNSYLVANIA - ss = - - - = David M,_Care ,Assistant Secretary _ "-z--C
m COUNTY OF MONTGOMERY _ "
2 C) On this 6th day of•October 2015, before me-personally appeared David•M Carey,:who acknowledged himself to be the-Assistant Secretary of:Amencan Fire'and v�.
6 d Casualty-Company,Liberty Mutual Insurance Company,-The Ohio Casualty Insurance Company,and West Am-merican:Insurance Company,and_th-at he as such:being authorized so to do,-_ >,(n'
5 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations'by himself as a duly authorized officer: - •^;- = = - _ - - "O Iii.
E
ca '
C) > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania;on the day-and year first above written.:_ = •; -"O 0.
dtC pgSr •COMMONWEALTH OF PENNSYLVANIA = s- _ _ - - - _ +'O
_ _. •'���o F�oaw�t F!� - Notarial Seal '.".- : I _ .- - __ ' - a d'
C•— - = • _ - ti c _ i v - _Teresa'Paslella,Notary Public. - g Q/�����J�-) jI%�� ,�;,�j -
CO rn - _ - .. of _ Plymouth T M n m ..-." i y. 1L�, '^�_ 't �(,f�h=�."`�".�": -" t`�•
Q ` P y outh wp., o tgo ery County _. Teresa Pastella,.Notary.Public=: _ - _ -_ -•
. " - - •c 4\P = .I My Commission Expires March 28,2017 . " •- - -" _ _ - _; a9
'O i wSyL'P
y y,G -Member,Pennsylvania Association of Notaries 1 - - ; - - _- - - '0
C co This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company;The Ohio Casualty Insurance: of o-
e Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as.follows :• :-" - C
OOr, = •C w�.
to ep ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President;and subject• O-C
•t 4.; to such limitation as the Chairman or the President may prescribe,-shall appoint such.attorneys-in-fact,as may be necessary to act in behalf of the Corporation_tomake,execute;seal y
O,= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such-attorneys-in-fact;subject to-the limitations set forth in their,respective, La s
E y powers of attorney,shall have full power to bind the Corporation by their signature_and execution of any_such-instruments:and to attach thereto the seal of the Corporation.-When.so. •, =am
0 executed,such instruments shall be as binding as if signed by.the President and attested to by the Secretary.Any power or authority granted-to:any representative or attorney:in-fact-under. >
the provisions of this article may be revoked at any time by the-Board,the Chairman,the President or by the officer or officers granting.such power orauthority:_ _` - ,---:"--=•:,--, : : t 4
- U r N
,3 C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any Officer of the Company authorized for that purpose in writing by the chairman or the president, ,E o?
d and subject to such limitations as the chairman or the president may prescribe,-shall appoint such attorneys-in-fact,as"may be necessary to actin behalf of the Company to make,execute;, `-M
O '3 seal,acknowledge and deliver as surety any and all undertakings,-bonds,recognizances and-other-surety obligations."Such attorneys-in-fact subject to the.limitations'set-forth_inieir C 00
Z rJ respective powers of attorney,shall have full power to bind the Company by their signature and execution of any.such instruments and:to attach thereto the seal of the:Company::When so O o
executed such instruments shall be as binding as if signed bythe president and attested by the secretary =I-, - -o�"
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the"Company.authorizes:David M:Carey,Assistant Secretary to appoint.such attorneys in '
fact as may be necessary to act on behalfof the Company to make:execute,_seal,acknowledge:and deliver as surety any and all undertakings,bonds;=recog"nizances and-other-Surety == :
- _obligations.
_
Authorization-By unanimous consent the Company's Board of Directors,the Company.consents that facsimile or,mechanically-reproduced signature._of.any assistant secretary of the: .
. . Company,wherever appearing"upon a certified copy deny power ofattorney issued by the Company in.connection with surety bonds,shall bevalid and bindiing.upon the Companywith;-?: =
the same force and effect as though manually affixed.: - _ -
I,Gregory W.Davenport,the undersigned,Assistant Secretary,of Amencan Fire and Casualty.Company,The Ohio-Casualty Insurance Company:Liberty Mutual Insurance"Company,-and:•-"= -"
West American Insurance Company do_hereby certify the original power of attorney of which-the foregoing is.a:full true and correct:copyof the Power of.Attorney executed.by said -
Companies,is:in full force and effect and has not been revoked. - "-. - - - _ - - " - - - L. - _ _ - - _
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this- .28th day of March - _- "_ , _. - .;20-16 _. .
,>,O C. (V INS %HSJ .`5q$ q
QC.`,.a0.r., :� o-u:q; .y✓ - ,,,e""\
' p�a;_V ti V C�pCW.arC r,
1906 . o 0 1919" 2,'-, _ 1917 - 1991 ." _ _ - = By: _•
^ '� Y 2 _ 'Gregory W.Davenport,Assistant Secretary
LMS_12873_122013 •- ' -
•
Bond No.: 024055394
Issued in Triplicate Bond Premium:$2,703.00
PERFORMANCE BOND
•
WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to
MARIPOSA LANDSCAPE,INC.(hereinafter"Contractor"), a contract for work consisting of
but not limited to,furnishing all labor, materials,tools, equipment,services,and incidentals
for the construction of the LANDSCAPE MAINTENANCE SERVICES CONTRACT
(2014/2015) and all other required structures and facilities within the rights-of-way,
easements and permits;
WHEREAS,the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work date February 41.2015, and
further amended by Amendment Number 1 dated f,,K ` oknco _
(hereinafter the "Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we Mariposa Landscapes, Inc.
the undersigned Contractor, as
Principal, and The Ohio Casualty Insurance Company .� a
corporation organized and existing under the laws of the State of
New Hampshire ,,and duly authorized to transact business under the laws of the •
State of California,as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of FOUR HUNDRED SEVENTY-TWO THOUSAND, FIVE HUNDRED SIXTY
DOLLARS AND NO CENTS, ($472,560.00), said sum being not less than 100% of the •
total amount payable by the said Obligee under the terms of the said Public Work Contract, -
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal, his
or its heirs,executors, administrators, successors or assigns,shall in all things stand to and
abide by, and well and truly keep and perform the covenants,conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part,to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one-year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
•
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court
costs, necessary disbursements and other consequential damages.
RVFLB‘S>RD\50217I) PERFORMANCE BOND- 1 CrB-STATE C LOCAL(MO)(7124100)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
•
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time,alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF,we have hereto set our hands and seals this. 28th;'
day on. March , 20 16 •
Mariposa Landscapes, Inc.
PrincipalContractor
By: (A/CYOL-Cr
President
The Ohio Casualty Insurance Company
Surety
BY: A t �l ✓ .
David B.Saridif••f, o ` e; in-Fact
The rate of premium on this bond is. $5.72 per thousand;.
The total amount of premium charged, $ 2,703.00 .
(The above must be filled in by corporate surety.)
1
I .
RV PU$1DRD1562370 GB-STATE&LOCAL 61O) '24100
PERFORMANCE BOND - 2 t �� )
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Antonio Valenzuela , certify that I am the
Secretary of the corporation
named as principal to the within bond; that
Terry Noriega who signed the said bond on behalf
of the principal was then President of said
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by authority
of its governing Board.
(Corporate Seal)
Signature
03/29/2016
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUB\DRD\562370 PERFORMANCE BOND -3 GB-STATE&LOCAL(610)(7124/00)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
on March 28, 2016 before me, Irma Urbina, Notary Public
(Here insert name and title of the officer)
Personally appeared David B. Sandiford
who proved to me on the basis of satisfactory evidence to be the person( whose name(&-) is/ape-subscribed
to the within instrument and acknowledgement to me that he/. executed the same in his/h t ei
authorized capacity(, and that by his/het-At-I'm-if signature(.) on the instrument the person(s), or the entity
upon behalf of which the person(•s-}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
` . IRMA URBINA
ol.:�� _�,i COMM. #2143668
WITNESS my hand and official seal. z u. Notary public• x
\ California
Los Angeles County —
Comm.Ex,Tres Feb.21
(Notary Seal) 21,2020
Signature of Notary Public
• •
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is if a
AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document,so long as the
verbiage does not require the notary to do something that is illegal Jor a notary in
California(i.e.certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages • State and County information must be the State and County where the
document
signer(s)personally appeared before the notary public for acknowledgment.
Document Date • Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Additional Information commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s)who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they.is/ere)or circling the correct forms. Failure to correctly indicate
CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a
❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
(Title) of the county clerk.
❑ Partner(s) Additional information is not required but could help to ensure this
❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On March 29, 2016 before me, Irma Urbina, Notary Public
(Here insert name and title of the officer)
Personally appeared Terry Noriega, President
who proved to me on the basis of satisfactory evidence to be the person( -) whose name(e-) is/fie-'subscribed
to the within instrument and acknowledgement to me that he/ ey-executed the same in his h r'their
authorized capacity(), and that by his/lrei t eir signature() on the instrument the person(a), or the entity
upon behalf of which the person( )acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
1' % • IRMA URBINA
WITNESS my hand and official seal. 4 COMM. #2143668 z
Ok:
Notary Public.California
Z`, ~Y.j Los Angeles County
(Notary Seal) ) :,r�I, Mt Comm.Dykes Feb.21,2020/
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment forrn must be
property completed and attached to that document. The only exception is if a
AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e.certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document c•urefidly for proper notarial wording and attach this form if required.
Number of Pages • State and County information must be the State and County where the
document
signer(s)personally appeared before the notary public for acknowledgment.
Document Date • Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Additional Information commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/fife) or circling the correct forms. Failure to correctly indicate
CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a
❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
(Title) of the county clerk.
❑ Partner(s) Additional information is not required but could help to ensure this
❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
1
State of California
i
County of Los Angeles
On March 29, 2016 before me, Irma Urbina, Notary Public
(Here insert name and title of the officer)
Personally appeared Antonio Valenzuela, Secretary ,
who proved to me on the basis of satisfactory evidence to be the person( whose name(i) is/afe-subscribed
to the within instrument and acknowledgement to me that he/Ale-they executed the same in his/her/filth-
authorized capacity(), and that by his/hei- t eir signature(i) on the instrument the person(), or the entity
upon behalf of which the person(}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
"� IRMA URBINA •
NESS my hand and official seal. COMM. #2143668 z
��gr. Notary Public-California e
z.;rte j Los Angeles County
✓�� (Notary Seal) +,,„r,,, Comm.Ex.ires Feb.21,2020•
Signature of Notary Public
a a
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is if a
AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e.certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages • State and County information must be the State and County where the
document
signer(s)personally appeared before the notary public for acknowledgment.
Document Date • Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Additional Information commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they. is/are)or circling the correct forms. Failure to correctly indicate
CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a
❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
(Title) of the county clerk.
❑ Partner(s) 4. Additional information is not required but could help to ensure this
❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and
date.
. Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document.
THIS POWER-OF ATTORNEY IS NOT VALID`UNLESS IT IS PRINTED ON-RED BACKGROUND. - --- = - - - - " .-
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner a_nd to the exfent hereinstated:.:._ :
- - - _- -. = - - ' _ .Certificate.No. 7132122
American Fire and-Casualty Company :. _ -Liberty Mutual Insurance Company_ =_'.' _- , _
- The Ohio Casualty Insurance Company= West American Insurance Company _- _ _ - = _• -
- . . ' . - ' POWER-OF:ATTORNEY: . . : _ - := -,--= _
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty.Company and The Ohio Casualty Insurance Company are corporations duly organized underthe laws:of- _
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the.laws of the State of Massachusetts,.and West American Insurance Company- - _•
. is a corporation duly organized under the laws of the State of Indiana(herein c_ollectively.called-the"Companies");pursuant to and by'authority herein set.forth,does hereby name`,consslitute=-•
and appoint, David B.Sandiford;Jeffrey R.Gryde= - - --- -_ - -. = : - - - -- = - - : - _ ; =. - _ -
all of the city of Laguna Niguel ,state of CA: = = each individually if there be more than one named,-its trueand'lawful attorney-in-factto make,execute,seal;acknowledge '..
and deliver,for and on its behalf as surety and as its act and.deed,-any and all-undertakings,bonds,recognizances and other:surety obligations,in pursuance of ihese presents and shall_ -'' -
be as binding upon the Companies as if they beenfduly signed by the president and attested'by the secretary of the:Companies in their own proper-persons _ - __ --
IN WITNESS WHEREOF,this Power ofAttomey has been subscribed by an authorized-officer-or official of the-Companies and the corporate seals of the..Companies have-been affxe_d: --
thereto this-6th ' day of October -.2015- . - - :-..•:,
- _ - _ _ American Fire-and.Casualty Company_ - -.,3
cPNO�A;Sj� ��t'IIfISpq `yylNSUgs: - La:1NSUq�,1, _ _. _
Q'.i:1F. .t'>,3'1.7 „Jy°vx,, 9^ . id,-;-.4,....0/q, _ o'a Ar. - _ - _ - - .
4 „ L e J ,Q ; _The Ohio Casualty Insurance Company y
Liberty Mutual Insurance Company= :- - a)•1906 o 979 > 1912 . ° 14 '1991 :West merican Insurance-Company';
tll iv,,,11..,.A. ,`i X35, ' ,:.." t a y �Jt,c,n. ? \'. "-omn^ _ : _ 7
a7 #t 1 /r: .rte _ e - . . By:. �' _ - Q
O STATE OF PENNSYLVANIA' ss .: - - _ - = David M'Care ,Assistant'Sec?etary .' -- :='-: "C
, I- COUNTY OF MONTGOMERY • = - _
to
2 =
t On this 6th day of October •- , 2015 , before me personally appeared David.M.Carey,_who.acknowledged himself to be the:Assistant`Secretary'of American Fire arid= 3 1F-
7 Casualty Company,Liberty Mutual Insurance-Company,The Ohio Casualty Insurance Company,and WestAmerican.Insurance Company,and that he;as such;being authorized so to do; 'aW
O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ; -• -- _ ' - d
L ►.-1_
a)> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial-seal at Plymouth Meeting,Pennsylvania,on the day_arid•year first above written_ O.0_
+-/ f0 P PqS COMMONWEALTH OF PENNSYLVANIA` _ +'.O
�k�F�oewEaT`! _ Notarial Seal_ /_ - Q M
C•N - - . ' l`v Teresa Pasteila,Notary Public_ By;:. ����J� �_t ) �.•• of PI mouth Tw Manl,ome Count 1Ter `
` y P' 9 ry. y'- ~_ Teresa Pastella;_Notary Public_'_ - y _
_ _ •� `w - _I My Commission Expiies March 28.2017 _- _ _ - _ _ _ _ ' _ _ _ _ - ,
- • +07, - y>G Member:Pennsylvania Association_of Notaries- - _ - _ - - O 1E-
C• CO This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fireand Casualty.Company;TheOhio Casualty Insurance •in p
y. Company,Liberty Mutual.Insurance Company,and West American.Insurance Company which resolutions are now in full force and effect reading es follows = = =.':-.:: - •_ = = r c
co 2 ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by th-e Chairman or the President,andsubject_ 0-C
2 to such limitation as the Chairman or the President may prescribe;shall_appoint such attorneys-in-fact,as may be necessary,to.act in behalf-of the Corporation_to make;e.xecute,.seal,: d
8.c acknowledge and deliver as surety any and all undertakings,bonds;recognizances and other surety obligations. Such attorneys-in-fact;subject:to the limitations set fortfi'in their respective_ La,S
E c powers of attorney,shall have full power to bind the Corporation by their signature-and execution of'any such instruments and to attach thereto the seal:of the:Cerporationf=Whenso: •7 O
8 executed,such instruments shall be as binding as if signed bythe President and attested to by the Secretary Any power or authority granted to any representative'or attorn_ey,in`fact under. >•fl
Tthe provisions of this article may be revoked at any time by the Board,the Chairman;.the President or by the officer-or officers granting such power or authority. .7 ; _ _ _ -.7-. ._
«,N
T7.3 C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose-in,writing by the.chairman o_r ttiepresideni .E Co
> d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys=in-fact;as may be necessary to actin behalf of the Company to make,execute; -.6.M
O j seal,acknowledge and deliver as surety any and all undertakings;bonds,recognizances-and other surety obligations, Such attorneys.in=fact subject to the limitations set=forth_in-their C'co
Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of anysuch instruments and to attach thereto the seal of the Company.:When so` v o
executed such instruments shall be as binding as if signed bythe president and attested by the-secretary.- - - - ;: '--.-7-:_-----.7 :_ 1:-:-:-.." -_ _ _ C co
Certificate of Designation-The President.of the Company,acting pursuant•to the Bylaws of the.Company;.authorizes David M.Carey,'.Assistant Secretary to appointsuch_attorneys-in-: __
fact as may be necessary-to act on behalf:of the Company-to make,execute,seal,ecknowledge=and.delive[as surelyany and all undertakirigs;bonds=recognizances and other_surety- -
obligations. : - _ " = _ _ ; ;_ : • _ _ - -- - _ = _ _
- Authorization-By.unanimous consent of Company's Board of Directors,the Company consents that facsimile or mechanicallyreproduced signature.of any assistentsecretary of the:. .r. =
• Company,wherever appearing upon a certified copy of-any power of attorney issued by the Company in connection with:surety bonds;shall bevalid.and binding:upon the Company-with-, ." -
the same force and effect as though manually affixed = - _
I,Gregory W.Davenport,the undersigned,Assistant Secretary;of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance"Company,'and' - _
West American Insurance Company do hereby certify the original power of attorney Of which the foregoing is a full,true and correct copy:of the Power-of-Attorney executed-bysaid- -
- Companies,is in full force and effect and has not been revoked. -- -- _ _ - _ - :- - - _ _ - r - _ „=---.."..,:_ .
. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th'-=day of March -= -±: - --:=H---.:. - '.,20`l 6: _
0 c•1s, �(v u11 ,,N,..\;4 S ti 1.� ;NiaRt - =
2 -,
a 1906 p
. c 191) _r' -1912 _ 1991 ?: _ --
0. ' - _ - _- g-y; 'G re g o-ry_W_ :Da_v e nport,As s is ta nt.Secretary--_ = :-- _
," ' z y
'''4:,,,,,,f ,.,:-r •,,rr. ➢ ,,`,. i '.,,,, ` -_
_ r.t ♦ - k x
- _
•LMS 12873 122013 _ -
cay aer�,s
COPY
iioo-90
Incorporated
A.su.t 5, 1903
o���aity of 1'�' °moo
LANDSCAPE MAINTENANCE SERVICES
(2014)
BID AND CONTRACT DOCUMENTS
TOM TAIT
PUBLIC WORKS SERVICES DIRECTOR
SCHEDULED BID OPENING: TUESDAY, DECEMBER 2, 2014
CITY HALL, CITY CLERK'S OFFICE,
240 HUNTINGTON DRIVE, ARCADIA, CA 91007
RVPUB\DRD \569998 GB - STATE & LOCAL (COV) (7/24/00)
(LANDSCAPE MAINTENANCE SERVICES)
CONTRACT FOR THE
CITY OF ARCADIA
LANDSCAPE MAINTENANCE SERVICES
(2014)
1. PARTIES AND DATE.
This Contract is made and entered into this day of ,,&U4. 2045 by and
between the CITY OF ARCADIA (hereinafter called the City ") and MARIPOSA CAINDSCAPE, INC.
(hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response of Request for Qualifications to bid issued by City on July 7,
2014, has submitted a bid proposal for Landscape Maintenance Services (2014) described in the
Contract.
2.3 City has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on December 3, 2014.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a. Notice Inviting Bids
b. Instructions to Bidders
C. Contract Bid Forms
d. Contract
e. Contract Appendix
Part "A" - General Conditions
Part "B" - Supplementary General Conditions
Part "C" - Special Provisions
""" Part "D" - Specifications
Part "E" - Drawings
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(LANDSCAPE MAINTENANCE SERVICES)
Part "F" - Performance Bond
Part "G" - Payment Bond
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law.
1-11A
Contractor, s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work for Bid Schedule
Category numbers "I — V" and Alternate Bid "A ", and all items included within, necessary to
fully and adequately complete Landscape Maintenance Services, including any alternates
selected by the City, and all structures and facilities described in the Contract (hereinafter the
"Work "), for a total of Four Hundred Seventy -Two Thousand, Five Hundred Sixty Dollars and
No Cents, ($472,560.00), as specified in the Contract Bid Forms submitted by the Contractor in
response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment
in accordance with the applicable terms of this Contract. All Work shall be subject to, and
performed in accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract for one year from date of
execution. Moreover, Contractor shall perform its Work in strict accordance with any completion
schedule, construction schedule or project milestones developed pursuant to provisions of the
Contract, including but not limited to the Project Schedule located in the Specifications.
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(LANDSCAPE MAINTENANCE SERVICES)
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of One Hundred Dollars ($100.00) Per Day as provided by the
applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 City's Basic Obligation.
City agrees to engage and does hereby engage Contractor as an independent contractor to
furnish all materials and to perform all Work according to the terms and conditions herein contained
for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to
Contractor, as full consideration for the satisfactory performance by the Contractor of the services
and obligations required by this Contract, the above referenced compensation in accordance with
compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
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 agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the City.
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
RVPUB\DRD\570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(LANDSCAPE MAINTENANCE SERVICES)
Contractor
Mariposa Landscape, Inc.
15529 Arrow Highway
Irwindale, CA 91706
Attn: Terry Noriega, President
CSC
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Dave Thompson, Streets Superintendent
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CITY OF ARCADIA
By:
Dominic Lazzaret
City Manager
ATTEST:
By:
ity �;erk
Approved as to Form:
By: S&AA, + . Aa�d'
Stephen P. Deitsch
City Attorney
MARIPOSA LANDSCAPE, INC
By:
r �e <,l
Title i
By:
Tc l < 4fe
Title
RVPUB\DRD\570015 CONTRACT-4
GB - STATE & LOCAL (505/507/660) (7/24/00)
(LANDSCAPE MAINTENANCE SERVICES)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of
the California 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
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor: Mariposa Landscape, Inc.
By:
Signature
Name
Title
r----1 -Z-)
Date
RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)
Bond No. 024055350
Premium: $2703.00
tl% 7M. IQ
WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to
MARIPOSA LANDSCAPE, INC. (hereinafter "Contractor"), a contract for work consisting of
but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals
for the construction of the LANDSCAPE MAINTENANCE SERVICES CONTRACT
(201412015) and all other required structures and facilities within the rights-of-way,
easements and permits;
WHEREAS, the Work to be performed by the Contr
P�or is more particVlarly
set forth in that certain contract for the said Public Work, datecWAlkm q, W)
(hereinafter the "Public Work Contract"); and I I -r
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we Mariposa Landscapes. Inc.
the undersigned Contractor, as
Principal, and The Ohio Casualty _Insurance - Company " " " " " . .. .... .. . .... .... .... .... .... . .. .... ... . . ... a
corporation organized and existing under the laws of the State of
New Hampshire and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of FOUR HUNDRED SEVENTY-TWO THOUSAND, FIVE HUNDRED SIXTY
DOLLARS AND NO CENTS, ($472,560.00), said sum being not less than 100% of the
total amount payable by the said Obligee under the terms of the said Public Work Contract,
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and tru ly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one-year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
it VPU 1RDRIM 62 3 % PERFORMANCE BOND -1 G n s"rATT, & LWAL1610) (7,124,1M,)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and It does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 10th
day on January
Mariposa Landscapes, Inc.
Principal/co tractor
By:
President � 11,111 V
The Ohio Casualty Insurance Company
Surety
By:
ld'effrbyR. Gryde, Attorney- i n- Fact
The rate of premium on this bond is $5.72 per thousand.
The total amount of premium charged, $ 2703.00
(The above must be filled in by corporate surety.)
R VV L'UDR I Y,562PQ PERFORMANCE BOND - 2 (3 9 - S I'AIT & LOCA 1, (610 ) (7,74,V))
CERTIFICATE AS TO CORPORATE PRINCIPAL
�(j I e 0 -z- U E1 '0� , certify that I am the
............. * ..................... Secretary of the corporation
named as principal to the within bond; that
I - 't
C�V" V, , , -j0o e- (4 6 who signed the said bond on behalf
of the princi p al was th-6n
of said
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by authority
of its governing Board.
(Corporate Seal)
Signature
1 -I ?D - I S
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
XVPUB%DRDA562V0 PERFORMANCE BOND - 3 cm - sm'' & "Al, (610)
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On January 10, 2015 before me, J. Cho, Notary Public
(Here insert name and title of the officer)
Personally appeared
Terry Noriega, President
who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(a) is /are- subscribed
to the within instrument and acknowledgement to me that he/she -they- executed the same in his /herh4teir
authorized capacity(ies), and that by his/herMtiieir signature(fr) on the instrument the person(s), or the entity
upon behalf of which the person(.& acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.'""""" J CHO
FORM
WITNESS my hand and official seal.
4f Notary Public
DESCRIPTION OF THE ATTACHED DOCUMENT
AGREEMENT SIGNATURE PAGE
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages
Document Date
Additional Information
CAPACITY CLAIMED BY THE SIGNER
❑ Individual(s)
❑ Corporate Officer
(Title)
❑ Partner (s)
❑ Attorney -in -Fact
❑ Other
COMM # 2002552 a
wI' `*�+ ° .k Notary Public - California a
a ' LOS ANGELES COUNTY
i My Com.6Wi Expires D- 30, 2016
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is if a
document is recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the
document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
Wshe /they, is /are) or circling the correct forms. Failure to correctly indicate
this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
of the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
>tate of California
County of Orange
A notarryy public or other officer completing this certificate verifies only the
identity ofi the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
On January 10, 2015 before me, P Zeis, Nota ry Public, personally appeared Jeffrey R. Gryde
Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
P. ZEIS
COMM. #1974059 z
Notary Public California Ao
Z Orange County
„o.�' M Comm. Expires Apr. 29, 2016!
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title tit descririt ion 41 f ana Acd dfi:umemt I
1 Vide or descrtlztian ofattacieti document continued)
Number of Pages Dc)tutncnt Date
(Additional rnA)rmation)
CAPACITY CLAIMED BY THE SIGNER
L
Individual (s)
E:
Corporate Officer
jitter
Li
Partner(s)
X
Attcmq -in -Fact
❑
Truste (s)
1
Othee
INSTRUCTIONS FOR COMPLETING THIS FORM
,any acknowledgmtwr completed in Catifomio must contain verbiage exactly at
appears a&tr in ahe notary section or a WpAeawe aeitrowledgment fto-m muse be
property completed and artacked to that do+currretrt. The only exception is tf a
document is to be recorded tmtside of Caltrornia- In such mstanc4n, anti alternatirt
acknowledgment wrhrage os muy be printed on such a dax'nenrew so ioeg as the
i frhiage dues not require A c notary to do sotmeikhrg that is illegal lot- a nurary in
Ca lrfvrnea 6.r cer0wrig the aunkarized capacity of the signer)- Please check the
dou"Merit car MIV far proper rauarial wanting and ortach this form i1mittred.
• State and County mforrtntion must be the State and County where the dOCwii m
signer(sl tsctsonaily appearei before the notary public for acknnw"mem.
• Date of mr"nuilinn mum he the state that the signer(s) persatraliy appeared whit:k
must alai he the calme date the acknowledgment is completed.
• The notary pubbe must print hit or her name as it appears within his or her
cosrmission ftdluwed lsy a onmma and then your title4rkitary public)
• Pant the "Ame(s) of k7tumcntt srgrtsxis) who petyunatly appear at the time of
notarization
• Indicate tht correct srnguhrr or plural forms by cr wing oft- incorrect Aynns ir.e"
bar "abec+Ihuyr
is laic t or core ling the erariect for im Failure to correctly indicate this
mforinatian usay lead to rei- ticx►nfducuinrnl recording_
• fhc notary seal impression tnuat be Clear and phottTraphicaliv reproducible
Impression must nor cover teat of lines. if sent impression san- liter, re-seal if a
sufficient urea permits, oilterwise compiete a differrnt acknowledginem form.
• Signature of the no" public most snatch the signature on file with the entice of
the ta«umv clerk,
4r ridddwmil information is not requited but cuukt help to ensure this
acknowledgment is not tttiso5ed or attached to a drfterent document.
I Indicate tine or type of attached document, nu►nber of pages and date.
3 Indicate the capacity claimed by the signer If the chimed capacity is a
ctmpiorate ntlnner, indicate the tale (i.e. CEO. CFO. Sccretary).
• Se urely attach this document to the signed dneument
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On January 13, 2015 before me, J. Cho, Notary Public
(Here insert name and title of the officer)
Personally appeared Antonio Valenzuela, Secretary
who proved to me on the basis of satisfactory evidence to be the person(R) whose name(s) Ware subscribed
to the within instrument and acknowledgement to me that heilshe -hey executed the same in his/herAheir•
authorized capacity(ies), and that by his/kerftbeir signature(&) on the instrument the person(e), or the entity
upon behalf of which the persons} 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.
FORM
WITNESS my hand and official seal.
Signature of Notary Public
DESCRIPTION OF THE ATTACHED DOCUMENT
AGREEMENT SIGNATURE PAGE
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages
Document Date
Additional Information
CAPACITY CLAIMED BY THE SIGNER
❑
Individual(s)
❑
Corporate Officer
(Title)
❑
Partner (s)
❑
Attorney -in -Fact
❑
Other
J. CHO
COMM # 2002552 a
a ` Notary Public - California
LOS ANGELES COUNTY
My Commission Expires Dec. 30, 2016
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is if a
document is recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the
document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she /they, is /are) or circling the correct forms. Failure to correctly indicate
this information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office
of the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and
date.
Indicate the capacity claimed by the signer. If the claimed capacity
is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document.
8
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. (3i00055
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American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Jeffrey R. Gryde
all of the city of Laguna Niguel state of CA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 2nd day of September , 2014
- es,
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
By: / l
David M. Care , Assistant Secretary
On this 2nd day of September 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and U
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a)
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
^2 ^�
Teresa Pastella , Notary Public
This Power ofAttomey is made and executed pursuant to and by authority of the following By -laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV—OFFICERS — Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE All — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said
Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10th day of
January
,20 15
By:
Gregory W. Davenport, Assistant Secretary
LMS_12873_122013 37 of 250
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