HomeMy WebLinkAboutContracts & Agreements_46-2018PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 201h 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 Weka, Incorporated (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: 2017 CIP Water Pipeline Replacement Project, Project No. 71280 complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's 2017 CIP
Water Pipeline Replacement Project, Project No. 71280.
2. THE CONTRACT SUM: City shall pay Contractor the sum of Three Million Seven Hundred
Seventy Eight Thousand Seven Hundred Eighty Six Dollars ($3,778,786.00) as consideration for
its performance of the Work in accordance with the terjns 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 one hundred eighty calendar
days (180) 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 detennine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($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 Five Hundred
Dollars ($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 incorporates by reference the following; Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance,
Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto (collectively the "Contract Documents").
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.
1Acaldjm\Agreements\Weka, Incorporated Contract.doex
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of Three
Hundred Seventy Five Thousand Dollars ($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 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 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.
2
L\caldjnrlAgreements\Weka, incorporated Contract.docx
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By: G:e.>q, , r�5�
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
Ax���
Clerk, City of Redlands
County of San Bernardino, California (SEAL)
W P* -a- lrno-
Name of Contractor
By: AIZ55X/7XE�
SiVr 6- e of Authorized Agent
�rc &I
Title
Signature of Authorized Agent (if necessary)
Title
[9,104 00
Contractor's License No.
3
IAca\djmlAgreements\Weka, Incorporated Contract.docx
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
2017 CTP WATER PIPELINE REPLACEMENT
PROJECT, PROJECT No.71280
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 by one or more insurers 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.
CHECK ONE
–V/—I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' 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
and activities required or permitted under this Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or pennitted under this Agreement,
I shall not employ any person in any manner such that I become subject to the workers' compensation laws of
California. However, at any time, if I employ any person such that I become subject to the workers' compensation
laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a
certification of workers' compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations
made in this certificate are true and correct.
Dated this day of �, 2018.
(SEAL)
w pk a lm • Contractor)
(Signature)
(Official Title)
(Labor Code Section 1861 provides that the above certificate trust be signed and filed by the Contractor with the Owner prior
to performing the work of the contract.)
4
1Aca\djmlAgreements\Weka, Incorporated Contract.docx
Bond issued in (2) counterparts
Premium $33,424.00
--, Stated premium is Wily earned.
�.f
Bond No. 1001037154 FAITHFUL PERFORMANCE BOND Premium is for the contract term
and is subject to adjustment hased
on final contract price.
Whereas, the: City of Redlands ("City"), Scala of' California, and Welca. Inc.
(hereinafter designated as "Principal") have entered into an agreement dated March `fit?, 7018
("Agreement") Whereby Principal agrees to install and complete certain public improvements
(tire "Work"), which said Agreernent is identified as 2017 CiP Water Pipeline Replacement
Project, Project No.71280 and is hereby reft•~tTed to and made a part hereof; and
Whereas, said Principal is required wader the teryns of the Agreennent to furnish a bond for
the faithful performance of the AgrecnzenL now, thercforc, -tve, the Principal and
U.S. Specialty Insurance Company as Surety, are held and firmly bound unto the City in the
penal suin of Three Million Seveit 1-1undred Severity Eight Thousand Severe Hundred Eighty Six
Dollars ($3,778,786) lawful money of the: United States, tar the payment of which sura we bind
ourselves, and our heirs, successors, executors and administra€ors, 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, adininistrators, 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 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 ineanina
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 retnain in full force and effect.
As a par[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, incun-ed by the City in successfiilly 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 logger if required by the Agreement after
the acceptance of the work by the City, during which time if the Principal shall fail to inake full,
complete, and satisfactory repair and replacenacnts 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 retrains.
Whenever the Principal sball be, and is declared by the City to be, in default under the
A oreemeiit, 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 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 bel4een such bidder and the City, and male available as work progt•esses
5
1:lc:<tic3jti�A,recmet3ts:lVei:a, Incorporated Cotttract.daex
sufficient ands to pity the cost of completion of the Workless the balance of the Agreenhent price,
but not exceeding, including Wher costs and darnages for which SurLty may be liable hereurncler,
the anhount set forth above. The term "balance of the A greernaent price," as used in this parao raph,
shall mean the total arnottnt payable to the Principal by the City under the Agreenaaent and any
niodifications thereto, less (lie amount previously properly paid by the City to Elie Principal,
Surety expressly agrees that the City may reject any contractor or subcontractor which raaay
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Agreen-rent nor shall Surety accept
a bid from the Principal ibr completion of the Work if the City, when declaring the Principal in
detault, notifies Surety of the City's objection to the Principal's further participation in the
completiorh of the Work.
No right of action shalt accrue oil the bond to or for the use of any persona 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 tinge, alteration or addition to the ternhs of the Agreement or to the work to be perforraaed
thereunder or the Specifications acconhpanying 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
beneficiate hereunder whose clahn may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the sen6ces of ally
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 sung.
In witness whereof, this instrument has been duly executed by the Principal and Surety abate
named, on March 22 __ 3 2018.
(SEAL)
Weka, Inc.
' tract03')
(Signature)
(Seal and Notarial Acknwvledgenient of Surety)
6
F: ca'djt ,Ac, �ri�ents!l'cE<a, Incorporated Cmitract.doex
(SEAL)
U.S. Specialty
Insurance Company
(Suret y)
BY; t"f�i Shannon Lopez
(Signature) Attorney -in -Fact
Address: 80
S. F gueroa Street, Suite 700
Los
ngeles, CA 90017
Telephone:
( 310 ) 649.0990
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 March 22. 2018 before me Raauel L. Soto. Notary Public,
personally appeared Shannon Lopez
who proved to me on the basis of satisfactory evidence to be the persons} whose name(&)
islare subscribed to the within instrument and acknowledged to me that he/she/" executed
the same in kislherl##& authorized capacityk4o, and that by hiS/herlt#e# signature(&} on the
instrument the personal, 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. RAQUEL L. Solt]
Commission # 2131558
Notary Public •Californinia D
Z San Bernardino County
01
Signature ,P,e (Seal) My Comm. Expires 2i, 2bi9
, Novv 1.2
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 Attorneys) -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, recognizances, 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 fitrther 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 tate 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 Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney-br-Fact may be given full power and authority for and in the name of and on behalf of the Company, 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 -Fact shall be binding upon the Company as if signed by -the President and sealed and effected
by the Corporate Secretary. -
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any
bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
1st day of November, 2016. -
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
1HJIJIIIIiygiii , uta urerrr,,, an°}r10IIMIGw`%q "`slllln lura":,,
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¢u SEPT.25.1 eo
is, E. =w �� t }'� W: .+ 'n a 'y' By:
Daniel Y. AguilarJ.
ICE PrC3id�µ '
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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 1 st day of November, 2016, before me, Sabina Morgenstein, 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. al
SABINA MORGENS7EIN
Commission # 2129255
Signature (Seal) �� �` Notary
Lus Aeles California
ng
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 tete 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. g r4
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 2 day
of 1y) a r 0� 12-0-15 Q�
1"Ol".11 ,[ , yllll IU+, tNlllllllllpl try, t„}Ip InIli IlpU,r,
Corporate Seals tgacTogs111 si;R Nplr+e unser ',
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=¢” exanroanrm = =o: 3= _ .2- ami, a - i
nn k ry
15 Lf L L: J _ = Kio La, Assistant Secretary
Bond No. 1scrT.xs.lasa =�"
3549 .`6#.- ?ij j?.'' sr'.• Pyo' '• .....''
Agency No. „� �;•....._.�
L7 J •,.,ql �F08N * rs E OF i '............ •t
- r urao�"` rulrrlxllnlnlse,�"� lrnrrullun,nu`4``uul•1"`�"\
Bond issued in (2) counterparts Premium included in Performance Bond
Bond No. 1001037154
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Woka.
Inc. (hercinafter designated as "Principal") have entered into an agreement (the
"Agreen-ient") vihereby principal aoyces to install and complete curtain designated public
improvements (the "Work"), which said agreement, dated March 20, 2018, and identified as
2017 CIP Nater pipeline Replacennent Projcct, Project No. 71280 is hereby referred to and niade
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.
Now, therefore, said Principal and the undersigned as corporate surety, are held fire ly
bound mento 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 Three Million Seven Hundred Seventy Eight Thousand Seven Hundred
Eighty Six Dollars ($3,778,7136) for materials furnished or labor thereon of ally kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that said
surety ivill 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 fixed 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 thein
or their assigns in any suit brought upon this bond.
Should the condition of this bond be Rilly 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 accon-ipanying 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.
7
1:is:a�rliniu�gree«ie�3tslWeic�t, iEicorpnrascct Coutr�i�;[.ctaL�
III WitrrtSs MICFCOt this inS1111meirt has bcti-n rGuly executed by the Principal arra surety
above named, on March 22 , 2018.
(SEAL)
Weka, Inc.
/J f ontr-actor)
(Signature)
realandotarial Ackno-oledgement of Surety)
S
f �.catdjeai`�Agr�en�ents: ltkzt; hicorrxrrait.d Cowract.docx
(SEAL)
U.S. Specialty Insurance CompaM.T_
(Surety)
BY: Shannon Lopez
(Si(_nature) Attorney -in -Fact
Address, 801 S igueroa Street, Suite 700
Los Angeles, CA 90017
Telephone: ( 310 ) 649.0990
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 March 22. 2018 before me Raauel L. Soto. Notary Public.
personally appeared Shannon Lonez
who proved to me on the basis of satisfactory evidence to be the person{} whose names}
is/aye subscribed to the within instrument and acknowledged to me that he/she/#iey executed
the same in 4is/her/t4e# authorized capacity{+es}, and that by 4Wher1t signature(o on the
instrument the personko, 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. RAOUEL L. SOTO
Commission # 2131558
a -r' Notary Public - Calitornia z
z M San Bernardino county '
�} / Comm. Expires Nov 21, 2019
Signature rf !/( l (Seal} „ .. ���: r
POWER OF ATTORNEY
Ai4IERICAN 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, recognizances, 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 farther 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-Presidcnt, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Allorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements w 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 -Pact shall be. binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary. -
Be it Ruolvecl, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any
bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
1st day of November, 2016.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
N5UI1111 , 11,4 5 1 1 1 11111++ ,\lllllll lllrl/%1�, `\511551111111 k, %+s
\5\ApCrOq++i, ,, 5SUR r„ ,`SyekN �. .\`\LY tnsur®n ,
�..;�r�,.........Fp'+. �:'�O. .. C�., °°y�, .ca".
:gyp::- .�`„ }•� y ' ?y'� a`�a�:` ''•. o'''. - -
a: n'_-
=�= wcanrannren _ =Q' f
By:
22Z i - -
'a= =r �, ' -•. Daniel P. Aguilar, Vice President
�"i��g2lF6R1i1P a` �, 6�0 ��'`:�TFIOFITE�.°'`` +pum�nu\ao•`'a` - .
lurl na\\„a�' nnlrrlxn\5\+`A
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 I st day of November, 2016, before me, Sabina Morgenstein, 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.
5ABINA MgRGENS`fEIN
Commission # 2129258
Signature (Seal) QMyComrn.Ex91resNov3
Noes Angeles CounyCalifornia
019
'1n ,p � 41,.�,W.,y.yy�y:•ry..•,r•�s.:Wl.y„�w.�.0
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 firlI 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 , &��
Corporate Seals "ES SUR + "is„p51I1N1„c r+ `,5r,,s,,u11
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