HomeMy WebLinkAboutContracts & Agreements_184-2016 PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 6th day of
September, 2016, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and DM Contracting, Inc.
(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party" and, together, as the "Parties."
In consideration of the mutual promises contained Herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following: 2016 SIDEWALK REPAIR PROJECT, complete all items as required by the
Contract Documents (as herein defined) and Specifications for City's 2016 SIDEWALK
REPAIR PROJECT, Project No. 40092.
2. THE CONTRACT SUM: City shall pay Contractor the sum up to $278,371.00 as consideration
for its performance of the Work in accordance with the terms and conditions set forth in the
Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option
to deposit securities with an escrow agent as a substitute for retention of earnings requirement to
be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code
Section 22300.
3. TIME FOR COMPLETION: The Work shall be coinpleted within 90 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day
in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of the Contract documents, the prevailing Party in such action, in addition to
any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees
for use of in-house counsel by a Party.
CD I
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions
of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104).
All claims shall be in writing and include the documents necessary to substantiate the claim.
Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time Iimit or
supersede the notice requirements provided in this case from filing claims by Contractor.
S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California
Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible
to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to
be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
CD 2
IN ITNE WHEREOF, the pat-ties hereto have execttted this A reentent the day and year first
written above.
City of Redlands
(SEAL) (Owner)
Mayor, City of Redlands,
County of San Bernardino, California.
ATTEST:
City Clerk, 6 y of Redlands
County of San.Bernardino, C'atiforr is (SEAL)
Name of Contractor
Si ttatttre,-ofAdtliorized Agent.
C ! .i, ,
Title
Signature of Authorized Agent(if necessary)
Title
l a t
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
2016 SIDEWALK REPAIR PROJECT
Project No. 40092
Labor Code, Section 3700, provides, in part that-
"Every employer except the State shall secure the payment of compensation in one or more of'
the following ways
(.a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing fro the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer iii a group of eniployers which may
be given upon furnishing; proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his or her employees,
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's conipensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this contract. (Labor Code section 1861)
C�
Dated this I day of.,SeJ)A ewvt 0 2016,
A-
(Contractor)
(Signature)
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the
Contractor with the Owner prior to performing the work of the contract.)
CD4
Executed in Duplicate Bond Number: 759331P
Premium is for contract term, and FAFF"11FULi PERFORMANCE BONI) Premium: $5,176-00
is subject to adjustment based on
final contract price Whereas, the City of" Redlands ("City"), Statie of' alifbi-nia, and DM Contracting, Inc.
(hereonafterdesignated as "Principal") have entered into an agreement dated Septeniber 6, 2016
("Agreeirtent") whereby Principal agrees to install and con"plete certain public improvements
(the "kVork",), which said Agreement is identified as 2016 SIDEWALK REPAIR PROJECT,
Project No. 40092, and is hereby referred to and made a part hereof; arid
Whereas, said Principal is required under the terms ofthe Areement to furnish a bond
9
for the faithful performance ofthe Agreernent, nw;v, therefore, we, the Principal and
Developers Surety and indemnity Company
........ as Surety, are held arid firmly bound unto the
City in the penal sum up to two hundred seventy eight thousand three hundred seventy one
dollars ($278,37 1) lawful money of the United States, for the payment of which sura: Nve bind
ourselves, and our heirs, successors, executors and administrators, Jointly, and severally, firmly
by these presents,
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, adnnnistrators, successors or assigns, shall in all things stand to and abide by,
and Nvell and truly keep and perform the covenants, conditions and provisions in the Agreement
allid any alteration thereof inade as therein provided, oil his or its part, to be kept arid perfortned
at the time arid in the rnanner therein specified, and ill all respects according to their true intent
and meaning, and shall faithfidly fulfill the one-year guarantee of all inaterials arid workmanship,
arid shall defend, itidernnify and save harmless the City and its elected officials, officers, agents
and employees, as therein Stipulated, then this obligation shall become null and void; otherwise it
shall be and remain ill frill force and effect.
As a part of the obligation seCLUed hereby and in addition to the face aniount specified
therefor, there shall be included costs arid reasonable expresses and fees, including 'reasonable
attorneys' fees, incurred by the City in SLICCeSSfLI]Iy' (-,Illfor'Cilig such obligations, all to be taxed as
costs and included in theJudgment rendered,
As a, condition precedent to the satisfactory completion of the Agreement, the above
obligation shall [,told good fior a period of orae (1) year or longer if required by the Agreerrient
after the acceptance of the work by, the City, during which time if the Principal shall fail to make
full, complete, and satisfactory repair and replacements and totally protect tile City from loss or
darnage made evident during this period from the date of conipletion of the Work, and resulting
from or caused by defective materials or faulty workinanship, the above obligation in penal sunt
thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue
so long as any obligation of the Principal remains,
Whenever the Principal shall be, and is declared by the City to be, in default Under the
Agreetnent, the City having perfon-ned the City obligations thereunder, the Stirety shall promptly
reniedy the default, or shall promptly, at the City's option:
I. Complete the Agreement in accordance with its ternis, and conditionst or
2. Obtain a bid or bids for completing the Agreement in accordance Nvith its terms
and conditions, and upon detemiination by Surety of the lowest responsive, arid responsible
bidder, arrange for a contract between such bidder and the City, and make available as work
progresses sufficient Rinds to pay the cast of completion of the Work less the balance of the
Agreement price, but not exceeding, including other costs and darriages for which Surety may be
CD 5
liable hereundcr, the aniount set forth above, The term "balance of the Agreenient price," as used
in this paragraph, shall rnean the total amount j),ayable to the Principal b�y the City under [lie
Agueemem and any modifications theicto, less the arriount previcaisly properly paid by the C'Uy
to tile 111-incipal,
Surety expressly agrees that the City rilay re' actor or Subcontractor which
refect any colin"
lilay be propowd by Surety in fulfillnient of its obligations in the event of default by the
F'rincipal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept
as bid from the Principal for conipletion of the Work if the City, �,vhen declaring the Principal in
default, notifies Surety of the C'ity's ol�jection to the Principal's further particil)ation in the
completion of the Work.
No right of"anti on shall accrue on the bond to or for the use ol'any person or- corporation
other than the (71ty rianied herein or the successor's or assigns of the City, Any Suit Linder this
bond must be instituted within the applicable statute of litnitations period.
The said Surety, for value received, hereby Stil)UhneS and agrees that no change,
exterision of time, alteration or addition to the terms of the Agreement, or to the work to be
perforined thereunder or the Specifications accompanying the sarrie shall in, any way affect its
obligations on this bond, and, it does hereby avaive notice of any Such change, extension of time,,
alteration or addition to the terms of the Agreement or to the work or to the, specifications.
No final settlement between the City and the Principal shall abridge the fight of any
beneficiary hereunder whose clahn may be, unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any
attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred., with or M(ithout suit, in addition to the above surn,
In witness whereof, this instrument has been duly executed by the Principal and Surety above
narried, on September Z(f 16.
)IM
0
(S EA L)
DM ContrcInc. Developers Surety and Indemnity Company
-----------
Contractor)
BY
!1_11�; _� ,
CynthiadjY177ou71 ng Cowan(Sig(�ISte 00
At In-Fact
Address,
, 1
(Seal and Notarial Acknowledgenient of Sill-ety') Irvine, CA_92614
Telephone: ( 800 78�-1 a46
CE) 6
CALIFORNIA ALL-'PURPOSE ACKNOWLEDGEMENT
Vap.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
k.
State of Caiifornia
ss.
County of San Bernardino
On September 20, 2016 before me,Laurie B. DruckNotary Public
N!arne and Title of Officere.
{ g.,"Jane Doe,Notary Public")
personally appeared Cynthia J. Young
Narne(s)of Signer(g)
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 she
executed the same In her authorized capacity,
.0
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
" A certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is 0.
oris true and carred. .
mt
50,651 WITNESS my hand and official seal.
rr . r Jul 1 ,2020 a
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document. 4
Description of Attached Document
Title or Type of Document:
Document Gate: Number of Pages:
a
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: �-
M Individual ropofthurnbhere
771 Corporate Officer
Title
CI Partner _- 0 Limited C3 General
71 Attorney-in-Fact
71 Trustee
I Guardian or Conservator
Other:
Signer is Representing:
No. 6895
STATE 4F CA 1FORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certificate of Authority
THIS 15 TO CERTIFY, 777111,pursuant 10 the Ina-urance Coda of the Stine of Callforttia,
Dcvelnpers Surety and Indenarlty Catr,parry
of West Des Moines, Iowa, organized ur7der the law's•of Iowa, ,Trthfec1 to 1tr eIrric.Ies of 117rorporado7r or
otherfrrndanerual dntumentr,is hereby autharized rrr transact within lhis'Slrrle,srrbjc e1 to
alt previsions•of this Certificate, the following Clazes ofins•ttranccl;
Sorely
rat srrch classes erre now or may hereafter be defrneel in the!luurrrnce laws of the State Of Califortria.
THIS CF-RTIFlCATR is expressly conditioned upon the holder hereof,tow and hereafterbeing in
fall eotnpliance with all, and nor in violation of arty,ofllte applicable laws and lawful requirements made
rrt7rter ar<thorlry of the.lmvs 03'111,e Starr,of California as lol,g ar stair laws or requirements are in effect
and applicable, and as such laws and regalrements now etre,or anq hereafter he changed or amended.
IN WITNESS WHEREOF,egdctive as of the 3OM day ofAagtur, 199.9, 1
have hvrerutto set my hand ail catrsed 11V official seal to he affued
d it 30th day of August, 1999.
Fee $2833.00
Chuck Quackenbush
Ree,No. herurw¢c Cbtuururlmmr
Filed 313/99 $3, S S;rlbursr
Cerrifi cart ort
thyrurt,
1,the rmrlersigncr!Insurance L'oarnriss inner of the J'tate c f Calita nia,do lrerehy cert rl7rrr 1 hen vu
roarprrrecl the above copse of Certifrctrle of Arrlhorlty suit!,the duplirare*oforigiva!naw or,fele iu aru oJJr1
rn7rl tl7rrt rhe srrnrc is rr•fall,true,and currvol transcript thereof,and ofthe whole afscrirl rh,pl;carr.,acrd said
Certificate ofAurhor;rj,is/row ur ftell f).'.v and enact.
IN WITNESS WHEREOF, 1 have hcrrrrruo scat my hand and caused aro
o1riciul seal to be affixed this 21.71 day of Oclober•, 100.5,
John Gurcnncudi
,(jln.rnr,nn:e Cueun[yt\,.viunyrrk
Prurllu�D�Irrtlrcu
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIF ORNilA
PO Box 19724 IRVINE,CA 92623 (949)263-3300
KNOWALI B,Y 7 HESE PRESENI S that except as expressly lirnited,DEVELOPERS SURETY AND INDEMNIT,Y COMPANY and NDEMNITY COMPANY OF CALIFORNIA,d¢a each
hereby make,constitute and appoint:
***Cynthia J. Young,Jay P. Freeman, Laurie B. Druck, Pamela McCarthy,jointly or severally***
as their Una and laWfUll Attorney(s)-in-Fact,to irialke,execUrrr',deliver and acknowledge,for and on b0alf of said corporation,as sureiJes,bonds,undertakings and contracts of
SUrelysibili giving arid,granting Lute said Attorneyg s)-i n-Fact full power and authority to do and to perform every act necessary,requisite or proper toy be done jr)connection therewith as
each of said corporafions could do,but reserving to,each of said corporations fUH power of substitution and revocation,and alli of the acts of said Attorney(s)-i n.Fact,pursuant to these
presenis:,are hereldy ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resciutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFOIFdNlA,effective as of January Ist,20,018.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-Pfebident,Senlou Vice-Preslden(tar any Vice President all file
corporations be,arid that each of them hereby is,authorized to,execute this,Power of Attorney,qUahifying the attorney(s)named in the Power of Attorney to execute,on behah of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary Or any Assistant Secretary of either of the corporations be,and each of 11hern hereby is,auflhorlized
10 attest Jie execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signah.wes of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsinrie,and any such
Power of Altomey ci certificate hearing such facsirmie SlgnatWeS shall be valid and binding upon the corporations when so affixed and in the future with rasped to any band,Undertaking
or contract of suretyship to which it is attached.
N VOTNESS VO iEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April,2016.
By: =J �)a";(4,� 071le / A, "N"",
............................... ................... 0
........ ............. ..........
ta
Danict Young,Senior Vice-President 'I
0
0
19 3 6
B,T
Mark Lansdon,Vice-President
ti 0
T—notary pubio or other officer completing this certificate verifies only the identify of the individuai IAIT"ud"T—ilgrTe iFc
docurnent to vvhich,this certificate,is attached,and riot the truthfulness,accuracy,or validity of that
State of California
corinily of Orange
on: _April 1 2016uGiiie K�Enonda,.Nojb[Ic
--lbeforerne, L
..... .. . ................ .. ....................-..- _ry�u --- - - -
Date V lerre Xwerl Name and Tills of the Offim
personally appeared Daniel Ywil"19 end fjrkf.arjad-qii
Nalne(si d'qne¢(S)
who proved to me on fiat,basis of satlsfactory eviderice to be the person(s)who"'e,names)islare subscribed
to the within instrurnerrt and acknowledged to me that heisheAhey executed lhe carne in hl&'her/their a.Lithoiized
capacity(les),and that by his/hei-fteir signahne(s)on the instrument the perKn(S),u11he entity upon behalf of
LUICILLN�D E RAYMO D which the pe[Sofl(s)acAed,executed the 4)strurnenl.
N
Commission #2011,19n45
Notary Public-California i certify under PENALTY OF Pi underthe laws of the State of California that the foregoing paragraph is
z Orange County hue and conect
..........
tNiTNESS my hand and official seal
Race Nolwy Seali Above Signature
... .................................................. ....... ... ..... .... ..........
Lucill ay,iond,Notary Public
CERTIFICATE
1 he undersigned,as Secretary orAssistant Secretary of DEVELOPERS SURE Y ANDS INDEli CsOMPANY or INDEMNITY COMPANY OF CALFORNIA,does hereby
c,erfify that the foregoing Power of Attorney minains in full force and has not been revoked mid,ftirthermore,that the provisions of fire resclutions of the respecive Boards of Directors of
said corporations set forth ri the Power of Afforney are in force as of the date of this Ceirlificate
This,Cmrficalo is executed in the City of Irvine,California,this, k 1 day Of AND P A14 p
?'P OR
COCT OU `1us tai
By� W i 10 7. 0
-
r
Cassiej r�lsfoid,Assistantse (tary 6
4rFO
NX
D-1380(Rev.04/16)
Executed in Duplicate Bond Number: 759331P
L,ABOR AND MATERIAL, BOND Premium included in charge
for Performance Bond
Whereas, the City Council of the City of Redlands, State and DM Contracting,
Inc. (hereinafter designated as "Principal") havc critercd into an agreement (the "Agreement") whereby
Principal agrees to install and complete certain designated public inaprovenients (the "Work"), which said
ag)-cernent, dated Septeniber 6, 2016, and identified as 2016 SIDEWALK REPAIR PROJECT, Project
No. 40092, is hc:rcby referred to and niade as part hercof". arid
Whereas, under the terms of the Agreement, Pdncipati is rcquired before coniniending the
perrormance of the Work, to File a good arid Sufficient Laborand Matcrial bond with the City of Redlands
u,.) secure, the clainis to which reference is made in "Fitle 3 (commencing with Section 9550) of Part 6 of
DINBion 4 ofthe Civil Code offlic State ofCalifornia,
Now, therefore, said Principal and the u.ndersigncd as corporate surery, arc held firmly b0tind
unto the City and all contractors, subcontractors, laborers, ffiaterial nien and other persons employed in
ffic Ilerfortnarice of the Agreement arid referred to in the aft):resaid ("ode of Civil Procedure in the surn tip
to two hundred seventy eight thousand three hundred seventy one dollars ($278,371) for materials
fUrnished or labor thereon kif any kind, or for arriounts dric under the t-hicniployrnent, InSUfance Act with
respect to such work or labor, that said surety Nvil.1 pay the sanic in an amoum not exceeding the arnount
hereinabove, set forth, and also in. case S1111, is brought upon this bond, mill pay, in addition to t lie face
arnount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurl-ed by
the City Ill SUCCCSSfUlly enforcing such obligation, to be, awarded and fixed by the court, arid to 'be,
as costs and to be included in theJudginent therein rendered.
It is hereby, cxpresslY stipulated,arid agreed that this bond shall insure to the benefit of any and
l
l persons, companies and corporations entitled to file clairns Lrder Title 3 (commencing %vith Section
550) of Part 6 of Division 4 of the C1 vil ("ode, so as to give a tight of action to them or their assigns in
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
nand void, otherwise it shall be and renlain in full force and effect,
ThC surety hereby stipulates and agrees that no change, extension of tirrie, alteration or
addition to (lie terms of the Agreement or the specifications accornparryirig the same shall in any inanner
affect its obligations on this bond, and it does hereby waive notice ofany such change, extension of tinte,
alteration or addition,
In witness whereof, this instrument has been duly executed by the Principal itnd surety above
narned, on September 20
2016.
a.
(S
09"
(SEAL)
DM Contracting Inc. Developers Surety and lndemnity Company
C,:=#`x)tttracto 0 CMr SU,
BY.
L 4
4,
(Signtur t
Cynthia Jq�l ung (Sigi tu AttorneY4 -Fact
0 Y 'I
Address: 17771 Cowan St 100
(Seal and Notarial Acknowledgement of Surety) Irvine, CA 92614 .......
Telephone: ( 800 762 1546
CD 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
y p completing g .
A Hofer public or other officer coal letin this certAfmcate verifies only the identity of the Individual who si ned the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,.
State of California
ss.
County of San Bernardino
On September 201, 2016 before melaurie B. Druck, Notary Public
Name and Title of Officer(e.g.,"Jane Doe„Notary Public") '
personally appeared Cynthia J. Young
Name(s)of Signer(s)
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 she
executed the same In her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
a I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
so"ftmewm C true and correct.
7�5
o . ul 14,2020 WITNESS my hand and official seal."0-V am
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying,on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document �
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Im HIM,Mill
0 Indllvldlual 'fop of thumb here
71 Corporate Officer
Title
Cil Partner -- CD Limited 7. General
71 Attorney-in-Fact
71 Trustee
73 Guardian or Conservator
Other:
Signer is Representing:
gn
Na. 6$95
STATE OF CAUIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certificate of Authority
THIS 3S TO CERTIFY, 177ctt,pursuatil in file Insurtrnce Coda of 11re Stcrte 0J'Californla,
Doveloperc,surety and hideninlly C'nnrparry
Of west Des MOines, Iowa, orSanized utider the laws of Parva, subject ip im tinnier of hirorporarion or
atlrcrfrindarnerua!nrgrrni,utional dorumrnls, it herehy arithorized to tramvwt within Ibis Stale,sulijecl to
ed1 provisions•of this Cerlificate, the following cicrss•ea of invilFanee.
Surety
as such rlasses•arc now or may ho,euflrr be defined in the h IMince Misys of the State oJ'Califprirla,
THIS CERTIPICATS is expressly con ditimmd upon the holder hereof rtow and hereafter being in
frill compliance with all, and trot ill violation of any,afthe applicable laws and lawful requiretireurs made
miler artlfioriry of the lasys ad'the Slate?of California os long as surh laws or requirements arc in effect
and applicable, and as such laws and regrtirenicnts rrory are,or may hereafter he changed or amelided.
1N WITNESS WHEREOF,effective as of the 30th day of Augtut, 199.9, 1
have hdreturto gel my hare!aluf caused niy officlal seal to hr affurd
this 30th day of If ugrtrt, 1999.
Fee $2833.00 Chuck Quaekenbwsh
Rec. No. Insururrrn CbrrrrnEcrronrr
Filed 313/99 AI+ Victoria S.Sidhury
artf+lq,
Certification
f,the rrrirlrrsigrred Insurance Co of the SYure r f California,do hcrebv erre y dict I her ver
compared the above Copp of Ccrrlificale g1'.4111hurily with the duplirate of original now ouf jrle ill na.v OjTjee,
rent/
1`11011/10 srrrnc is cr full,trete,aunt currYulrrurrsrript thcv eof,anti of rite whole ofsrrid rluplie:utr„andsaid
Cern01nate 9f.41'1170ri'V is now infil bme and effect.
IN WITNESS WHEREOF, I!rave lrerermto s•crl my band and causer!171V
off vial seal to bel aJA-ceel this?1st deny of Octobur•. 200,
Joint Carrunuirdi
LQ,.11.MMW rw+rnri.erhm r,•
ny, l Wu" b 14 K�U,
Parrlirte D ilrrdrecr
POWER OFATTORNEY FOR
DB/ELOPERS SURETY AND INDEMNITY COMPANY
|NDEMg|TYCOMPANY OF CALIFORNIA
^ POBox 1D72S.|RV|NE.CA92623 (949)203-S3OO
KNOW AiiGYTHESEPRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNiTY COMPANY ind INDEMNITY COMPANY OF CALIFORNiA,do each
hereby make,constitute and appoint:
°^^CyntbimJ. Young,Jay P. Freeman, Laurie B. Druok, Pamela McCarthy,jointly nroevem||y'
astheir true and lawful AftmmeyW'in'F,.fct,tomake,execute,do|lvnrandacknowledge,[or and unbehalf of»oidcorporations,usnumminu.bonds,umer*NnOaand contracts of
suretyship giving and granting unto said A8omey(e)'in'Fact full power and authority todoand toperform every act necessary,mqubhnmpmpartoLedom:inmonecfiontherewithuo
each ofsaid m4mnmfonscould do,but reserving meach ofsaid corporations full power ofwbsivndrevocoU*o.anduUd**acts ofsaid Aftomoy(^)'|o'Fact,pumvan1 todmo
presemm.are hnrebyratified and confirmed
This Power of Attorney isgran*dand is,signed by facsimile under and byuutk*dly of the following rwolul adopted by Vie respective Boards Of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and iNDEMNIITY COMPANY OF CALiFORNIA,effective as of,Janiialy 1st,2008
RESOLVED,that mCombination ofany two n(the Chairman of the Board,the President,ExeUrfiVe Vic&President,Senior Vice-President or any Vice President of Ole
corporations be,and that each of them hemby is,authorized to execute this POWer ot Attorney,qUaflfying the attorney(s)narried in the Power ofAttorney to exeftl�,orl behalf of the
corporations,bonds,undertakings and contracts of suretysinip;and that the Secretary Or any Assistant Secretary of either of the roTicwmuinn»be,and each of them hereby is,authorized
to attest the execution ofany uuChPowerofAttorney;
RESOLVED,FURTHER,that the signatures ofsuch officers may heaffixed toany such Powvf of Attorney nrmany certificate rehfin3thereto by facsimille.and any such
Pmwer ol or certificate bearing sUch facsimile SignalUres shall be valid and binding upon the corporations whien so affixed and in the future with respect to any bond,Undertaking
mcontract ufsuretyship tuwhich i/ivattached
|MVOTNES8WHEREOF,DEVELOPERDSURETY AND INDEMNITY COMPANYand|NDEWN|TYCOMPANY OFCAUFORN|Ahave severally caused these presents tobusigned by
fhei/respective officers d aftestedb h irrespectwe8euretaryorAss|stantSenetary INs18thday ofApril,201G.
/ q
�~^
AND AN Y 3
—
Darlief Young,,Senior Vice-President
LU i
OCT 5
By�
WarkLmnsdm VioePmniden|
11 0111"11 111"
8�mofCo|ihornia
County of Orange
Vn helvene. Ludile Raymond,Notary Public
personally appeared ____ .._..._........
who proved mmeoil the basis of satisfactory evidence tobethe poemn(s)whose nama(s)iularnyubo:hbed
mthewithininmtmmootnndmuknmw|udgudtomuthm4dohe/thayaxouuteddhemameiohisihedtheirauthoriod
wpv*ily(io0.aod that by his/helithek signaline(s)o,n Pie inshurnerit the person(s),or flhe entity upon behall of
LUCILLE RAYMOND which the pusmn<o>acted,mxeomodthe inmmman,
Carnmifssion 0,2081945
Notary Public-Callifoi |oelifyunder PENALTY OFPERJURY under the laws of IN,')rate,ofCoUfoma lhv\mofongningposglaphi»
unuond correct
U M Conrum. Ex ires 0013,2018
VVUNG8S my hand andofficial |
Place Notary Seat Above 8ignmmm
I end,Notary Publ�c
CERTIFICATE
The Undersigned,ooSecretary or/.6zistamSecretary of DEVELOPERS SURETY AND INDEMNiTY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does heleby
wrrily that the foregoing Power*Attorney remainn|nfull form and has,not been revoked and,ftnho/mow.that the provisions of Vhoreoolo'ons of the mopectkmBoards ofDirectors of
said nnqpmaflonsset forth inthe Power of Attorney are inforce osOf lhedute of thinCo��cate.
*L
This Certificate|aexe:ow4inthe Cily ofIrvine,Cw|rfomla.m|°�) day �a*w�~ ��/�
uy� 10
Cassle J fAA s
|D4380(ReOC16)