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HomeMy WebLinkAboutContracts & Agreements_38-2018PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 6' day of March, 2018, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and PTM General Engineering Services, Incorporated (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Parry" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following: HSIP CYCLE 6 ORANGE STREET & PIONEER AVENUE TRAFFIC SIGNAL PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HSIP CYCLE 6 ORANGE STREET & PIONEER AVENUE TRAFFIC SIGNAL PROJECT, City Project No. 47021 Federal Project No. HSIP1,5083 (016). 2. THE CONTRACT SUM: City shall pay Contractor the sum of $292,092.00 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 completed within 100 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 suer 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. I:lcaldjm\Agr-eements\PTM General Engineering Ser -vices, Incorporated.docx 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 claire. 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 claims by Contractor. 8. 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 Parry 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. 1:1ca1djm�ggreementslPT1A41 General Engineering Services, Incoi-porated,docx IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. (SEAL) ATTEST: 4a - ,Ay Clerk, City of Redlands County of San Bernardino, California City of Redlands (Owner) By�M�a 1�Yaor , City of Redlands, County of San Bernardino, California (SEAL) PTM Gen al EmIneering Services Inc, Name of Con actor By: Signature of Authorized Agent Elizabeth H. Mendoza de McRae, President/CFO Title Signature of Autborized Agent (if necessary) Brian Mendoza, Vice President/Secretary Title 891255 Contractor's License No. I:lcaldjm\Aa •eernentslPTM General Engineering Services, hfcorporated.docx WORKER'S COAVENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department HSIP CYCLE 6 ORANGE STREET & PIONEER AVENUE TRAFFIC SIGNAL PROTECT, City Project No. 47021 Federal Project No. HSIPL-5083 (016) 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 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 v,Tith the provisions of that Code, and I will comply with such provisions before conimencing the performance of the work of this contract. (Labor Code section 1861) Datedthis 5th day -of March , 2018. PTM G eral Engineering Services, Inc. tractor-) (Signature) Elizabeth H. Mendoza de McRae, President/CFO (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 't�,orlc of the contract.) I:IcaldjmlAgree,mentsTTM General Engineering Services, Incoiporated.doex EXECUTED IN 2 ORIGINAL COUNTERPARTS BOND NUMBER: 0736253 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and PTM General Engineering .Ser vices, Incorporated (hereinafter designated as "Principal") have entered into an agreement dated March. 5, 2018 ("Agreement") whereby Principal agrees to install and complete certain public irnprovements (the "Work"), which said Agreement is identified as HSIP CYCLE 6 ORANGE STREET & PIONEER AVENUE TRAFFIC SIGNAL PROJECT, Cite Project No. 47021 Federal Project No. HSIPL-5083 (016) and is hereby referred to and made apart 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 INTERNATIONAL FIDELITY INSURANCE COMPANY , as Surety, are held and firmly mound unto the City in the penal sum of Two Hundred Ninety Two Thousand, Ninety Two Dollars and Zero Cents (5292,092.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our hews, successors, executors and administrators, jointly and severally, fuuAy 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 perform the covenants, conditions and provisions in the .Agreement and any alteration thereof made as therein provided, on leis or its part, to be kept and perfornned 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 worlananship, 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 pain 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 the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum 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 Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms arad conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terns 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 funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, l:Icaldjnl\igrcententslPTM General Engineering Services, lricorporated.docx the amount set forth above. The tern "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 amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety iii fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in conipleting the Agreement nor- shall Surety accept a bid from 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 personn or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. 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 or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns 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 claire, 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 sure.. In witness whereof, this instrument has been duly executed by the Principal and Surety above nar ned, on MARCH 2ND , 2018. (SEAL) (SEAL) PTM GENERAKNGINEERING SERVICES, INC. INTERNATIONAL F LITY INSURANCE COMPANY tract�� M en oza PIik.510E,NTICFO BY: (Signature) (Signature). EVrNE.VEGA, Address: 534 E. BADILLO ST. ATTORNEY in -FACT (Sea] and Notarial Acknowledgement of SU-ety) COVINA, CA 91723 Telephone: ( ) 626-859-1444 1:1ca1djmiAgreementslPTM General Engineering Services, Incotporated.docx Tel (bra) 6'24-7200POVVE-R ATTORNEY !NTERNATIOINAL i=iDELITY INSURANCE COMPANY ALLEGHENY CASUALTY CONIPAN�. ONE NEWARK CENTER, 20TH FLOG; NEWARK, NEW MERSEY 07102-520;• KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL. FIDELITY INSURANCE COMPANY , a corporalion orlianized and eosimo tlnoi r Ilia taws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and e istnil un(ler the lah•:s of the Siete of Penns Ivarlia havino Illeit principal office in tie City of Newark, New Jersey. do hereby constitute and appoint KEVIN E. VEGA, BRITTON CHRISTIANSEN, PHILIP E. VEGA, MYRNA SMITH Covina, CA, lhelr trite and lawful 8ltofllt')r(S}-in-fact to execute, seal and deliver for and on its behalf'IS Surely, any meld 'Al llorafds and undarlaknt�lr., colllracits pl III' Milillily and other imritinQs obligatory Ill the nalare thereof, which are or may be alloworl, required Or pertllItled by law, sl<'AUIC, rola, reClUlation, COMMCI 01 othenvlsr, and the exec41horl of Such ulslrumi rat{s} in pursuance of Mese presents. shrlfl bre is l]indlilg tupull the Said INTERNAI'ION.AI. FIUELII"Y INSIII�l\N(,, , COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply. to all mleTIIS alod prlrpaSOS, as it IJIQ Saltie IM6 bef.n Ciuly 1?n0NI101.1 ,-hni I de:knowlf;dcle',d by [heir replarly elected Officers it Ihoir principal offices This Power of AttorneyIS executed, amt may be revokod, pui'slhalll to 0110 by authoilly OI [lie iS'-I_aws of IPJ 1 LINA I IZSN AE_ 1�IUL'1_i 13' ti`J1UK/INu:L-. COMPANY orad AI_LEGfENY CASUAI-TY COMPANY and is granted under and sly luEhilrity of the f0l0wing resoltllion aclop(rl by Iho Gonri-1 of I-lileclors of INTERNATIONAL FIL)ELITY INSURANCE COMPANY al a moetinq duly, I old all the 2'0111 (lily of Jelly, '20'M inti by the Bonita of Din-l(-Aorti of AI_I_E:0,1-IENY CASUALTY COMPANY at a meclinq duly held on Ilse 1,ilh day of Augt isl, :.000 "RESOLVED, that (t)) the PreBidorll, Vice PI'e%idelll, 1=xecullve Vice Presicicid or Sec1olpry £ll Ile Colporatoll Shall Ila+1Ll 1110 prwjrir 10 appc+Int, ltld If) ri;VC1ko the appoinIments ul. Attorneys -in -Fact or @gents with power and aulhorlly as defined or limited In Illwir rtspec;tiv4a }powers at attonupy, al1[I Ill hlxr;Gnat{' oil b :half Of the Col -)oration and affix IN- Corporations seal thereto, bonds, underlak€€1gS, reL'orJnizanccs. cantracls of Indemnity .in ollll,r written oblit—r)aions in (lin naluic� (hereof ar related Illerelo; and (2) any such Officers of the Carporalidil Illay appoinl ,mid revoko 1ho apipoinlntenit; of jrlinl-collti"n1 clisto[It inns rlrlrnl:; for acce ptwice. of process, and Attorneys -in -fact wills authority to exectde waivers and consents on behalf of [lit. C:orporalioit and (3) the sirJnaturci of ally such Officer of the Corporation and the Corporation's seal play be affixed by f,7csimilo to any power of allorney or certllicatioi rlivon for tho execution ill any Wild, tirlderlairing, recognizance, contract of indemnity or other written olpligation ill the wnhlre thereof or rolaled Illamlo, St ch sigialuro and sc: lis whilll Sri usr:d whether heretofore or hereafter, being hereby 'adopted by the Corporation as tile adginat sigal;ltirr. of Sikh officni ;Ind the c-rirlimit sr:ti11 of Int(` Col-Jpnr"llion, to be valid and binding upon the Corporation will) the same force and effP.cl as lhluugh nlanLiAly 7fFIXUd." IN WITNESS WHE=REOF, INTERNATIONAL FIDELITY INSURANCE COMPANY ;and ALLEGHENY CASUALTY COMPANY have earh n;:=,eca€tcd ,1nd aflested Illese presnnls on this 22nd day of July, 2014. STATE OF NEW JERSEY�j , LK CaunlyofEssex ,.; � h •'�4 � r^ it .....•"I...- ....{, 7:-. ���• � • y0. ::� � �.�ii� ••�� , {S rol3l lull w. MINSTER i, tiF +I Executive Vice Pre ;ideal/Chief Operating Officer " w �rJu a t f �,.• w,.��,.,,�• (dnfe:rn7liona! Fidelity Illstlranlce (;onllpany} 'r;::��,•. nand Presidenl (Ailoglteny Casually Company) On (his 22nd Clay of July 2014, before ale tante the individual who exccutnd the preceding inslrurrlenl, to me personally known, and, being lay rax,, duly sworn, Sailhl !le is Thr therein described and aulhorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and AI_I_E(:,!-IENY (::ASI-IAI=I'Y COMPANY ; That the seals affixed to said inslrinteni Ire the, Corporrale Seals of said Companies; hurt the said Corporate Seals and hie; :;ignriturel +h f.:10 dilly arr1X0d by Order nl tar= BOXICIS of nirectorS of staid Companies. IN TFSTIMON`f WHLF= EOF, I (rave henalnlo set lily Nold affixed nay 01hr-'lrrl `r,csal. tho Cily of Newark, New Jersey Ili(-, day and year first Axive wiillen. c.. "Try '• .4 7 , A 1,101 APY 1101n.1C; OF RlCNJ.II::i2!al `f lr, fir; my Ccnlmtissirm i zpirra April ifs. GERTIFIC ATION 1, Ills 1.111r.Irr;;irJn'd olfirer of INTERNATIONAL 1 lOCLI'fY INS1J1?AI1JC[; (;OMPANY;inrl Al-I.FG1 Ii'NY ("AS1,1AIAY COIAPAH"r do Irl,vr lay 1.r:rrlly lh,1l I kiv, COT I'll arOd Ihl' fl)mgnirIg rnhy nl Ih (j Powor of Ailomr;y stall F)lfidavil, 7x111 Ilin r:nlay or Illy: ;3r:riiaai;l of the l;y-L.ow:, of s,)if1 r;rlrnf;:.anir;; :r; �:ra Irrrih in •.:Ii,l llovl(?i' OI Al korney, 'Milli ihfa oTioirml, orl file Ill the borne ollic9 of saaufi rfli til );'ll'IIM1;S, ;wd thal IN. Siililu' F;m t:4il'fL'f;1 il'aliS:crll jl S, II 16:(r,l1f, wid it 1111--v!holl. cif the 6610 ariyirials. @lllrl Ila[ thrt ,nirJ Power of Attorney has not beers Ir. -V k(,;d ani2 is iao+w ul full loic( ;and oIl�ct. IRI TESTIMONY WHERE=CN=, I have hereunto S,el roy hand ii'iis 2nd day of MARCH, 201$ 1�..._..--..- MARIA BRAHCO, Assisl;qil Sncrctrlry CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On 03/02/2018 Date before me, PHILIP VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared Kevin E. Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personx whose nameN is/t subscribed to the within instrument and acknowledged to me that he/s4e/illasy executed the same in his/11er•/thsir authorized capacity(fesL and that by his/he;/1tre4 signature(, on the instrument the personNI, or the entity upon behalf of which the personN 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 Signature Place Notary Seal Above of Notary Public OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): © Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t.(+`C�'�'t%C?��."�Szr:l'�'T�1v"'u4� r r r r �"i_iS��SSL'✓L`z..�l.'C�G"�lG�-�fr� .� r.., .� .� .-.. �. � -. _. _. 002014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califorriia ) County of LOS ANGELES ) On 0- Jam. /9 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ELIZABETH H. MENDOZA de McRAE Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a official seal. PHILIP Vc^A VV COMM,,. 115?121� Signature— LOS ignatureLbs ANGLES ccu4;v Signature of Notary Public Mr Corm. Exp. M.Ay 39, 2uD # Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: C2014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-860-876-6827) Item #5907 EXECUTED IN 2 ORIGINAL COUNTERPARTS BONE) NUMBER: 0736253 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and PTM General Engineering Services, Incorporated (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated March 6, 2018, and identified as HSIP CYCLE 6 ORANGE STREET & PIONEER AVENUE TRAFFIC SIGNAL PROJECT, City Project No. 47021 Federal Project No. HSIPL-5083 (016) is hereby referred to and made a part hereof; and W7tereas, 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 (cornnencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. 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 sum of Two Hundred Ninety Two Thousand, Ninety Two Dollars and Zero Cents ($292,092.00) for materials furnished or labor thereon of any kind, or for amounts clue 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 successfully enforcing such obligation, to be awarded and faxed by the court, and to be taxed as costs and to be included in 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 under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action, to theist 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, other --arise 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 terns of the Agreetnent or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. l:IcaldJm\Agreements\PTM General Engineering Set -,,ices, lncorporated.docx In witness whereof; this instrument has been duly executed by the PrincipaL and surety above named, on MARCH 2ND 2018, (SEAL) PTM GENE EN EERING��S``ERVICES, INC. CT1,,yg t&.j, ,,'_dna e pRES1DENT/CFO (Signature) (Sea] and Notarial Acknowledgement of Surety) (SEAL) INTERNATIONAL FIDELITY INSUR CE COMPANY r \Sup ety Y: (Sip ature) jV KEVINE, VEGA, Address: 534 E. BADILLO ST. .ATTORNEY -fn -FACT COVINA, CA 91723 Telephone: ( ) 626-859-1000 I:1ca1djm\Aareemcnts1PTM General Engineering Services, Incorporated.docx Tot 973) 62--1-7200 !r,- POWER TT .. r, e EY iNTER€NATIONAL FIDELITY INSURANCL COMPANY ALLEGHENY CASUALTY C0it,A1'AN ONE NEWARK CENTER. 20TH FLOOR NEVI+ARK, NEVV JERSEY +07 l02 -K07 KNOW ALL. MEN 5Y THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a cori)01'aii(ln orl,llll_ed I119 cVSlntL*l Llnd,�r the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing undvi II)W I7"vs of the Slate of PernlsvEvania havinc) their principal office in elle City of Newark, New Jersey. clo hereby Constitute and appoint KEVIN E. VEGA, BRITTON CHRISTIANSEN, PHILIP E. VEGA, MYRNA SMITH Covina, CA. Iheir tl'Lle and lawful auorney(rHn-facl Lo execute, seal and deliver fol' and oil 115 behalf IS SLIfOLY. any :ind all bond', end LlndeI'U%111i15, f.Ontr:IGIS Of Inklo?Illnih; and Other w'itillCfS obligatory In Llle naflu'e thErEOf, which are or Islay be allowed, reCluired or permilMCI by law, St;ALI(O., alit?, reCILIIaIi(,M, COnIIaCl ar O1hP.nVise, and the exeCLltian Of such instrunlenl(s) in ursuance of these presents. shall be aS minding LIPQo the saint INTERNATIONAL FIDELITY INSL lrAN(,E_. COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and anll)h'. (o all intenls and purposes, as if Ihf'. sante. Ind b1'.e11 duly crtacilit'd and I adcnowlc.,& ed by their reclulzrly elecled officers at their principal offices This Power of Attorney is executed, and nlay be revolted, pursuant 10 and la}d authority of the By -Law'; of INTERNATIONAL FIDELITY INSURANCE-. COMPANY and ALLEGE-ICNY CASUALTY COMPANY and is granted under and bi' atllhorily of tilt.' following resolution aflopted by Ilse Board of I71ireclors cls INTERNATIONAL FIDELITY INSURANCE COMPANY at a sleeting doily. 11111d on "t'20111 d<ly of Jr.11y, 20'f0 and tly the Anarrl of Din:r..tor . of ALLEGHENY CASUALTY COMPANY al n meeting duly held on the 151h clay of August- '.000- "RESOLVE -IJ, Lhal (1) file President, Vice President, ExMllive Vice Presiderll Cir Secrr:.lary of dict. Corporation shall have the power In :lppoirll, ,:Incl (i) rrv[,l•.r: the appoinInionts Of. Attorneys-iii-Facl or agents wills power and aulhord,y as defillOd or linitlud in 11wir resper,hvo powers of altomey, and lo oKeculii oil behalf of Llle Corporaflon and affix Ihe: Corporation's seal Ihere(o, bonds, underlakings, recognizances, conti-nds of Indemnty alld a(he r w61ton otltllp)liolls In tho nalorr Il)erenl or related thereto; and (2) any such Officers Of the CorporaEinn may appoint and revolve Ihc; aploininientc; of Irlirll-cnntrol rnslocli:lll:, tlrl,,nl for 2ccep(l"ince Of process, and Attorneys -m -fact with authority to execute waivers and consents on behalf of the Corporalionr and (3) the :!iipakiro til any sl.lch Officer of the Corporation and the Corporation's seal may be affixed by facsimile Io any power of attorney or rerllficahon rliven for Ihi: exemillon of :illy bond, underloldrig, recognizance, contract of indenlnity or other written ahligalion in the nalurr: lhereaf or re1a100 Ilierelo, with signature r.111ct sir+Is when sn used whethial. Heretofore Or hereafter, being hereby adopted by IN-, Corpol'alian as the Original Sirina(urn of Slid) off€cr.r ,incl the origin::ll !7.(!j of Ih(: C:orporaliori, to ht. valid and binding upon Ilse Corpomdon with file "on'ie force and effect EIS t1'10ug11 rnanrt ihy IN WITNE=SS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY ,incl AL.LE HENY CASUALTY COMPANY hr-�vo e,Irh r,,xeciilr;(l ;incl n11es1ecl (hese presents on this 22nd slay Of July, 2014. STATE OF NEW JERSEY County of Essex C;p SE A L 'xn ' Jc rrx 19fWllz i~S. 3, t) \ 4/ ROBERT W. MINSTER V Lxerulive Vice Pre:sidoill0lief 0 ol�Ilinc Ciflicrs (in4-.lin itionj1 Fideiily Insuf�.Mce Colopnny) '. .. ;and President (Alloghcny Casualty Company) On this 22nd day of Aily 2094, before me came the individual who cxcruted Lhr preceding inslrunieni, to me personally known, and, being lay 11'1(duly sworn, S:iid he is the therrirl riescribed rand atilhorized officer of iNTEF:i ATIONAL FIDELITY INSURANCE COMI-"ANY irld ALLEGHENY CASUAL -3'Y COMPANY ; Ih<il the seals :iflixed fo said ins)rulllent .Ire the Corporalle 5r.afs of said Colnpor€ic's; that the Said Carporak- Se:al:; and his :',ignntwe wow drily afElxed by order of the Boards of Direclor6 of said Cortip hies. IN hESTIMONY WHEREOF. I have Iirznnnllo set illy bind 1111yed illy 01111:11 r;rsal, rat the Cily of Newark, New Je'sey 111e day and year flr;l Above wrilihrl. .TQC - cn�' `(� 1.�'.•' <<� A TARY PUBLIC' OF ��. NE+N-I :ftht_Y '-...... �' idly Col .inn E�xpiros April 16 201 ri U Op N[w`hf � CERTIFICATION 1, Ifir, tlnrinrnirJned olficer of INT&( IIIATIONAL FIDELIT`! INSURANCE COMPANY aril F:LI,I Gl lfcrd`f CASUALTY c;Olril'Arl`! Ili I ri:o by r,Crhly tilil 111;iv': con-sparo'd Ihi? forrxgoirgl (:city of Itle Power of Allclrrlry and affidavit, and Ihi: ropy of 111x1 :indions of 3hr,. 8y -Law:; of t,rlirl Gxuipanlr;r; is. 5r -,t Irirlh ul •::aids PrjW6;i' CII Aitornr y, with thfa uriyinals on file in flee borne office of staid rrinlli:iilir;y, wind thal Ihc, ziiinC, arc; corn;cl Irnnscnpls lhr:roof, .and iif Ito-, w o,lr: of Ihi f;oi l originals. arld that Llin ;r7id Power of Attornr_y has not been revoked and is riow in full lorcr-, and alk:ct. Ifd TESTIMON`! iNI lEi:4=C}4=, f 110ve hereunto :;r-_'! rrly rsanrl ihi s 2nd day of MARCH, 2018 MAV, 13FAMCO. Pssisl::lrlt Sc:f:ri.larl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On LOS ANGELES ,5-, hr' before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ELIZABETH H. MENDOZA de McRAE Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PHILIP VECA CR,1r,1.t 2121 UJ + o "T"y "''nLIC-CALEFORWA l!1 108 A.9 ELr3 COUNTY MY C""" FZP, h1AY 31, 2(20 -+ 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 icial seal. Signature _q Signature of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): 171 Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) ltem #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On 03/02/2018 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Kevin E. Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose nameN is/are subscribed to the within instrument and acknowledged to me that he/alae/#Tray executed the same in his/her./thsk authorized capacity(Ie&L and that by his/her-Miel; signature{s,). on the instrument the person('SL or the entity upon behalf of which the personal 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 o - ' -a Signature Si ature of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): ❑ Partner --- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907