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HomeMy WebLinkAboutContracts & Agreements_234-2017 1 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Constriction contract ("Contract") made and entered into this 7"' day of November, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Weka, 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 FORK Contractor shall furnish all materials and perform all of the work for the following CALIFORNIA ST AND LUGONIA AVE STORM DRAIN REPAIR PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's CALIFORNIA ST AND LUGONIA AVE STORM DRAIN REPAIR PROJECT, PROJECT No 40024 2 THE CONTRACT SUM. City shall pay Contractor the sum of$83,867 as consideration for its performance of the Work in accordance with the terns 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 completed within 40 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 ironies 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 Woik 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 of 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 inn-house counsel by a Party 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 15 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim CD I Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing clairns 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 Contractoi 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 of 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 c. IN WITNESS WHEREOF, the parties hereto have executed flus Agreement the day and yeas first written above City of Redlands (SEAL) (Owner) By � W Mayor, City of Redlands, County of San Bernardino, California ATTEST i Clerk, City of Redlands County of San Bernardino,California (SEAL) z�0- to C- Name of Contractor By -fy��� �� Signa of Authorized Agent 'C�`eSl�lQnt Title Signature of Authorized Agent(if necessary) Title i LP1010D Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities &Engineering Department CALIFORNIA ST AND LUGONIA AVE STORM DRAIN REPAIR PROJECT PROJECT No. 40024 Labor Code, Section 3700, provides,in part that "Every employer except the State shall secure the payment of compensation in one of 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 fiom the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers 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 compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 186 1) Dated this day of �We MW ,2017 (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 perfornning the work of the contract) CD 4 r, WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department CALIFORNIA ST AND LUGONIA AVE STORM DRAIN REPAIR PROJECT PROJECT No 40024 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 from the Directoi of Industrial Relations a certificate of consent to self- insure, elfinsure, either as an individual employer, of as one employer in a group of employers 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 compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 186 1) Dated this kh day of �04trY>.( ,2017 (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) CD 4 Bond No 1001037137 Bond issued in two(2)counterparts Premium $1,208 00 ratnd tl�mnium in WI[y Hamad. emium n fit'I conf[8ct term) andnalrardractP dpastmantbaaml FAITHFUL PERFORMANCE BOND onn�IwMract prke Whereas, the City of Redlands ("City"), State of California, and Weka, Inc (Hereinafter designiated as "Principal") have entered into an agreement dated November 7, 2017 ("Ag;reemene') whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as CALIFORNIA ST AND LUGOI\IA AVE STORM DRAIN REPAIR PROJECT, PROJECT No 40024 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and U S Specialty Insurance Companv , as Surety, are held and firmly bound unto the City in the penal sum of eighty three thousand eight hundred sixty seven dollars ($83,867) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and adininistratorsjointly and severally, finrily by these presents The condition of this obligation is such that if the above bounded 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 perforin the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify 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 in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement 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 the City from loss or damage made evident during this period from the date of completion of tine Work, and resulting; from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in frill 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 Agreement, the City having,performed the City obligations thereundet,the Surety shall promptly remedy the default, or shall promptly,at the City's option ( Complete the Agreement in accordance with its terns and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient fiends to pay the cost of completion of the Work less the balance of the CD 5 r Agreement price, but not exceeding, including othei costs and damages fol which Surety may be liable hereunder, the amount set forth above The team "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the arnount previously properly paid by the City to the Principal Surety expressly agrees that the City may refect any contractor or subcontractor which may be proposed by Surety in fulfillnment of its obligations in the event of defaidt by the Principal Surety shall not utilize the Principal in completing the Agreement not shall Surety accept a bid front the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person of corporation other than the City named herein or the successors or assigns of the City Any suit utidei this bond must be instituted within the applicable statute of limitations pet iod The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder of 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 Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim 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 without suit, in addition to the above suin In witness whereof, this instrument has been duly executed by the Principal and Surety above named, Qin November 17 72017 (SEAL) (SEAL) Weka, Inc U S Specialty Insurance Company (Contractot) (Surety) BY V (Signature) (Signature)Shannon Lopez,Attorney-in Fact Address 80 S igueroa Street Suite 700 (Seal and Notarial Acknowledgement of Surety) Los eles CA 90017 Telephone ( 310 )649 0990 CD 6 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 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On November 17 2017 before me Gillian P Johnston Notary Public personally appeared Shannon Looez who proved to me on the basis of satisfactory evidence to be the persons}whose names} isla-Fe subscribed to the within instrument and acknowledged to me that 49/she/they executed the same in 4&/herlthe F authorized capacity{+*, and that by 4+slherlthe+r signatureko on the instrument the personal, or the entity upon behalf of which the persons} acted, executed the instrument 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 GILLIAN P JOHNSTON I, commission#2125525 Signature (Seal) z "� Notary Public California z San Bernardino County a w ,u, VMy Comm Expires Aug 30,2019 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively the"Companies"), do by these presents make, constitute and appoint Martin M.Davis,Peter M Davis,Shannon Lopez,Elizabeth D Kolpien, George DeCristo or Samantha Orf of Redlands,California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds, recogmzanees, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Fifty Million***** Dollars (S **50,000,000 00**) This Power of Attorney shall expire without further action on November 3,2019 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies 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 Attorncy(s)in-Fact to represent and act for and on behalf of the Company subject to the following provisions. Attorney in-Fact may be given full power and authority for and in the name of and on behalf of the Company;to ezceutc acknowledge and deliver,any and all bonds, recogmzances, contracts, agreements or indemnity and other conditional or obligatory undertakings including any and all consents for (lie release of retained percentages and/or final estimates on eng(nccring and construction contracts, 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 scaled and effected by the Corporate Secretary Be it Resolved that the signature of any authorized officcr_and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power ofattorney or certificate-bearing facsimile signature or facsimile seal shall be valid and binding upon the Company withrespect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this Ist day of November,2016 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY US SPECIALTY INSURANCE COMPANY Corporate Seals }171 11, L llttl Ill!! LLLL„L1V llllllln,// ,L11111if1t1111!/ pGrOR � SU • K G insure S�y ;:SES RFT'a, `�.`�• „pp•,, . By .. �Iviee SEPT.75.,99 -ceDaniel P.Aguil President "r��L jF10RN�R e'`� r„nnrmmn,LOL.a�`� OF yrr //l,unumnL , WILD"`L\�,� 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 State of California County of Los Angeles SS On this Ist day of November,2016, before me,Sabina Morgenstem,a notary public personally appeared Daniel P Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U 5 Specialty Insurance Company 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 lie 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 SABINA MORGENSTEIN Commission# 2129259 Signature (Seal) =+� 1 Notary Public Calilornla Los Angotes County My Comte Enlres Nov 3 2014 I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company Texas Bonding Company,United States Surety Company and U S Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect,furthennore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect In Witness Whereof,I.have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this day of j�k 2Vv�l, t' 1- Corporate Seals uuululrrrl, u,+z ❑„ / 1L511uuulln+lgG. .o+`�'t,tAC70/�Sl, hy,S S(J77Frr,. ``pNDINGh. C ``�..4saY•�naura„rm°r. .�`u '�o„�. �!.P• •�.'. r.,` .^y ���'z - oma',_ -" '- - 3 Kia La Assistant See etary SEPT 25111990:•t= _y1i. ••:�� =W; •�X_ - • !' a - f J Bond No ()NOS , `w ; / c_ W, Agency No 3549 yrF,,',,IrOR,i4'\` �neT4 nIISLµL'L` 4 tOF Bond No 1001037137 Bond issued in two(2)counterparts Premium included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Weka, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Altreenient") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated November 7, 2017, and identified as CALIFORNIA ST AND LUGONTA AVE STORM DRAIN REPAIR PROJECT, PROJECT No 40024 is hereby referred to and made a part Hereof, and Whereas, under the terms of the Agreement,Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550)of Part 6 of Division 4 of the Civil Code of the State of California *(1) Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the suns of eighty three thousand eight hundred sixty seven dollars ($83,867) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfidly enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included iii the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims sunder Title 3 (cotumencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right 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 and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change extension of time,alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in ally manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition CD 7 *(1)U S Specialty Insurance Company In witness. whereof, this instniment has been duly executed by the Principal and surety above narned, on November 17 2017. (SEAL) (SEAL) Weka, Inc U S Specialty Insurance Company Contractor) (Surety) BY A (Signature) � (Signature) Address 01 S. Fiqueroa Street, Suite 700, (Seal and Notarial Acknowledgement of Surety) L ngeles CA 90017 Telephone { 310 )649 0990 CD 8 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 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On November 17 2017 before me Gillian P Johnston Notary Public personally appeared Shannon Lopez who proved to me on the basis of satisfactory evidence to be the person{}whose names} is/a.re subscribed to the within instrument and acknowledged to me that he/she/"executed the same in #i.&/her/t#e+F authorized capacity{-+ , and that by #m1her/*e*slgnature(o on the instrument the personal, 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 WITNESS my hand and official seal f 1 !�11111111111 GILLlAN P JQ INS�ON Signature ��,ti �c � Seal z ..4 Commission #1`11111 2f211 11hk5525 (Seal) Notary public California San Bernardino county ' „ ,WMA comm Expires Aug 30 2019 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U S Specialty Insurance Company, a Texas corporation(collectively, the "Companies"), do by these presents make, constitute and appoint Martin M Davis,Peter M Davis,Shannon Lopez,Elizabeth]b Kolpien, George DeCristo or Samantha Orf of Redlands,California its true and lawful Attorney(s) in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead, to execute,acknowledge and deliver any and all bonds, reeognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *-****Fifty Million***** Dollars ($ **50,000,000 00") This Power of Attorney shall expire without further action on November 3,2019 This Power of Attorney is granted under and by authority of the following resolutionss adopted by the Boards of Directors of the Companies 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 is Attorneys)in Fact to represent and act for and ori behalf of the Company subject to the following provisions Attorney in-Pau`inay be given full power and authority for and in the name of and on behalf oftheCompany,to execute acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, 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-tact 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 scat 6f 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 respeet to any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of November,2016 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY US SPECIALTY INSURANCE COMPANY ............. .\oSNDINIG//!.y "0. ..C'" .y•�/�"� 'e ••C1' �i + By �. =U kCCNPOMfEO fes— =C;J�,yl �i ig :$� .X. D— =N; b— A] Lam. —� SEPT.351990 LKS sW �_ � -•Sk =.` =~'- /`Y- ="•.`W Daniel P Aguilar,Vice President r!lllllllllll,\"\� `lir l!lIIIIIIII,n\10\t`` !//II,IIIIIIIIIIS\"5\\ !'rr1111111554`\\`\\\`� (A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whieh this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California County of Los Angeles SS On this 1st day of November 2016 before me,Sabina Morgenstern,a notary public, personally appeared Daniel P Aguilar Vice President of American Contractors Indemnity Company Texas Bonding Company,United States Surety Company and U S Specialty Insurance Company 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 SABINA MORGENSTEIN Commission# 2129258 Signature (Seal) Notary Public California Los Angeles County My Comm Expires Nov 3,2019 I Kio Lo Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U S Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is stili in full force and effect,furthennore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this day of NCoV bb- ,701-1 n C011lllllllllr:y \ 111111111[1!„r 15IIIIIIII, iOrate Seals olnupr 5U un51j/ ,a\`I 't' OqES..RET�, lNp Cy,` .````9`y 5nauran�ep ad's �.�'' •� ;C,-. Kio Lo, Assistant Secretary Bona No. se.: :-oma '.yam YF�` •,sT :'yam .�. Agency No 3549 lr111111111N\\`5``` H1rIIl11n5i\ /!/rlrtlltSl55lt\ rrr111111m1t,\\\`��\