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HomeMy WebLinkAboutAGMT - AAA Property Services (Main Street Pressure Washing) MAINTENANCE SERVICES AGREEMENT Between .' SEAL B` ►► at ti �ORPORgr''FgC>��l • %a4 i vtecl ►�(,F".eR27 \e5V\CC ►► cOLJNTN °► G?.- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 AAA Property Services 25007 Anza Drive Valencia, CA 91355 (800) 892-4784 This Maintenance Service Agreement ("the Agreement") is made as of March 11, 2013 (the "Effective Date"), by and between AAA Property Services ("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 37296-0001\1236808v1.doc RECITALS A. City desires certain Main Street Pressure Washing Services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Commencing April 1, 2013, contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1 .2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall terminate on June 30, 2016 unless previously terminated as provided by this Agreement. An additional two (2) one-year contract extensions are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City will pay Contractor in accordance with the bid schedule set forth in Exhibit B for Services for a cumulative amount not to exceed $61 ,665. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the bid schedule set forth in Exhibit B. S7296-0001\1236808v1.doc 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1 . The City Manager is the City's representative for purposes of this Agreement. 6.2. Abe Reisch is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1 . All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 57296-0001\1236808v1.doc To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: AAA Property Services 25007 Anza Drive Valencia, CA 91355 Attn: Abe Reisch 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. S7296-0001\1236808v1.doc • 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11 .1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 .2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement as well as a labor and materials bond as noted in Exhibit C. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to. the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11 .3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, S7296-0001\1236808v1.doc employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 37296-0001\1236808v1.doc herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. S7296-0001\1236808v1.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 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 Agreement, the prevailing party in such litigation shall be entitled to have and recover from 57296-0001\1236808v1.doc the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH ilk BY: . • _tit j'. Ingram, City Meer Attest: By: ( i a_ A u' l da Devine, ity Clerk Approved as to Form: By: � f- uinn Barro y Attorney ..._ S7296-0001\1 236808v1.doc CONTRACTOR By: t� L. Name: 1� haS Its: l%U By: iii Name:: / 1 , �.,1 9 /4 ,0 Its: 'rs -I✓� —i-- S7296-0001\1236806v1.doc EXHIBIT A SCOPE OF WORK The City seeks a contractor provide for monthly pressure washing of sidewalks for Main Street from Pacific Coast Highway to Ocean Avenue. Upon selection of the contractor, the resulting contract will authorize the contractor provide the services outlined below. The City will pay the contractor based on the unit bid pricing provided by the contractor. Services shall include, but not be limited to: • Contractor shall provide all labor, equipment, materials and transportation to perform sidewalk cleaning and pressure washing services for the City of Seal Beach. Cleaning shall include all debris removal and high-pressure washing to remove dust, gum and grim from structures, benches, pavers, trash bins, stamped concrete crosswalks and concrete sidewalks located along Main Street between Pacific Coast Highway and Ocean Avenue. Contractor shall use high- pressure water at a temperature to clean structures, benches, concrete sidewalks, pavers, trash bins and crosswalk pavers. Contractor to walk designated area and perform litter collection (sidewalks, landscaped areas, planters and tree wells), sweeping and blowing. The contractor must remove all debris from the area; all water must be captured using zero-discharge technique and removal of all effluent from the sidewalks. Contractor must prevent all wastewater from entering the City's storm drain system. The cleaning process must not damage concrete surfaces and brick pavers as well as all adjacent areas in any way. The contractor will be responsible for all damage to the surrounding areas. • As part of the Best Management Practices included within the Storm Water Pollution Prevention Program as part of the City's permit under the National Pollutant Discharge Elimination System, no waste water discharges will be allowed into the storm drain system or any drain system. Contractor shall be responsible for paying any fines or penalties levied by others as a result of contractor's negligence and violation of water quality requirements. Appropriate cost for circumvention of the City's storm drain system are assumed by the Contractor and included in the unit bid pricing for this work. No additional compensation shall be allowed. A performance deficiency deduction of $400 per incident shall be levied by the City against the contractor for any water quality violations noted including not properly capturing the effluent created during the normal course of work. • This work will be completed once per month between the hours of 5:00 a.m. and 9:00 a.m., Monday through Friday. Contractor shall provide the City with an annual schedule of when this work shall be performed and once accepted, no deviation from the schedule will be allowed unless approved prior by the City. • The City will provide the water necessary to complete this work. • The City reserves the right to order supplemental cleaning in specific areas where deficiencies have been noted. • The contractor, upon completion of this work, shall remove all supplies, materials, debris, rubbish, etc., caused by the cleaning operation and leave all 87296-0001\1236808v1.doc sites in a neat and orderly condition. All building walls, windows and glass doors shall be free of water spots and/or mud stains. • Contractor will be required to provide extraordinary and/or emergency response pressure washing services as needed. The cost for this work shall be based upon an hourly rate as identified in the bid schedule and no additional compensation will be allowed. Contractor will be required to respond within one- hour of being notified by the City of an emergency. Sidewalk Total - .36 Miles/1,922 LF S7296-0001\1236808v1.doc EXHIBIT B BID SCHEDULE City of Seal Beach California PROPOSAL FOR MAIN STREET PRESSURE WASHING SERVICES BID SHEET UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST Main Street Pressure Washing MONTH 12 $ 12,120.00 $ 1010.00 I• Services(per scope of work) Extraordinary Pressure 2. Washing and/or Emergency HR 150 $ 7,425.00 $ 49.50 Response TOTAL BID PRICE(BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ 19,545.00 Total Bid Price in Numbers Nineteen Thousand Five Hundred and ForLy Five Dollars and no roc/100 Total Bid Price in Written Perna IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES,TIlE WORDS SHALL PREVAIL. NOTE; The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re-advertise,as appears to be in the best interests of the City. A bid is required for this entire work,the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids,and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses,taxes,royalties,and fees. In the case of discrepancies In the amount bid,unit prices shall govern over extended amounts,and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that,if awarded the Contract,bidder will complete all work according to the contract documents. Legal Business Name of Bidder AAA Electrical & Communications, Inc. dba AAA Property Services Business Address 25007 Anza Drive, Valencia, CA 91355 Business Tel.No. 800-892-4784 x 7751 Page C-2 is.- 7 i8/73 _ C.E.O Sig e Date Tide /� 4/2 218113 President Signature Date Title Signature Date Title If bidder is an individual,name and signature of individual must be provided,and,if he is doing business under a fictitious name,the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided,followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation,legal name of corporation must be provided,followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners,joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners,joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page C-3 EXHIBIT C LABOR AND MATERIALS BOND (NOTE: Exhibit will not be included with the contract at the time of award. The Contractor shall have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the project and re-advertise for construction or award to the next lowest responsive bidder.) 9 This bond was executed in two(2) PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT identical counterparts. BASED ON FINALCONTRACD PRICE. Bond No. 4390468 Bond Premium $1,958.00 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to AAA Electrical & Communications, Inc. dba AAA Property Services 25007 Anza Drive Valencia, CA 91355 (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows: Maintenance Service Agreement - Main Street Pressure Washing Services WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics, materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal, and SureTec Insurance Company 3033 5th Avenue, Suite 300 San Diego, CA 92103 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly hound unto the Public Agency in the penal sum of Sixty One Thousand Six Hundred Sixty Five and 00/100 Dollars($ 61, 665.00 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 sum 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 TIIIS 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 insure 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 brought 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. 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: "Principal" "Surety" AAA Electrical & Communications, Inc. dba AAA Property Services SureTec Insurance Company 25007 Anza Drive 3033 5th Avenue, Suite 300 Valencia _ A 91355a San Diego, • • 10 By: / llir B /� •�.1 11t5A`uro Ayal torney-In-Fact By: C%� v By: is Its (Seal) • (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/20/13 before me, Susan Pugh, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person(A) whose name(a) is/axe subscribed to the within instrument and acknowledged to me that he/sheltt g executed the same in his/bcettdheit authorized capacity(iea), and that by his/keritt r signature(x) on the instrument the person(s), or the entity upon behalf of which the person(x) SUSAN PUGH fr acted, executed the instrument. COMM.#1.934229 n Notary Publlc•California c I certify under PENALTY OF PERJURY under the laws of �Eti' a ORANGE COUNTY the State of California that the foregoing paragraph is true MyComm.Expos Apr29,2015, and correct. Witness my hand and official seal. Signature . Place Notary Seal Above Si. ature of Notary Public S an • gh 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 (Labor and Material) Document Date: 3/20/13 Number of Pages: Two Signer(s) Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited❑General ❑ Partner—❑Limited❑General Attorney in Fact 'RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee ,°p OF SIGNER 5 .e ❑ Trustee OF,SIGNER. ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ;icc 0e-c`cY:` ^ci: cecc'C4nC en4c>evecci> :` c'e0aice;e iCifeT-TC7C.Ccec.^cii .`ocn4000iaitc`eZIcii'c<. CZ`circ. in 2007 National Notary Association•9350 Be Soto Ave.,P0.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNotaryorg Item 15907 Reorder:Call Toll-Free 1-800-876-6827 • Pon a: 510023 Bond No. 4390468 SureTee Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the.said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Aaornev-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20°1 of April. 1999.) hi Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. �anN SURETEC INSU' : • E C e PANY s o er f*A e\%\ By: W I w' w 1 J John Jr., 'resident cc• 0 %23 State of Texas ss: *,,p' 1 s County of Harris -- d On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. /// ��"" tkiemidr°"^ ; JACQUEL YN MALDONADO "Notary Public,State of Texas /Jac el n alo Nota Public e ''r My Commission Expires 9 y ' ry May 18, 2013 v.My comm sion s May 18,2013 I,M. Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 20th day of March , 2013 , A.D. M. Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may tali(7 13)812-0800 any business day between 8:00 am and 5:00 pm CST.