HomeMy WebLinkAboutContracts & Agreements_53-2018PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction. contract ("Contract") made and entered into this 3`d day of April,
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 Three Peaks Corporation (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: BROOKSIDE AVENUE MEDIAN LANDSCAPE REHABILITATION
PROJECT, complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's BROOKSIDE AVENUE MEDIAN LANDSCAPE
REHABILITATION PROJECT, Project No. 71256
2. THE CONTRACT SUM: City shall pay Contractor the sum of $98,498.00 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 30 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 sura of $500 for each consecutive calendar day
in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due Contractor if such delay occurs.
CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms
or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs
and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of
in-house counsel by a Party.
CD 1
7. RESOLUTION OF CONSTRUCTION CLAIMS: CIaims by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions
of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104).
All claims shall be in writing and include the documents necessary to substantiate the claim.
Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or
supersede the notice requirements provided in this case from filing claims by Contractor.
ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor
Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work
on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to
be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
B
Y•
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
Jerk, City of Redlands
ounty of San Bernardino, California (SEAL)
Three Peaks `""' t'
Name of Contractor
By:
Signature o;Authorized ent
Pre s i d en+
Title
Signature of Authorized Agent (if necessary)
Title
CIN 15Z<&
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
BROOKSIDE AVENUE MEDIAN LANDSCAPE
REHABILITATION PROJECT, Project No. 71286
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
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this contract. (Labor Code section 1861)
Dated this(of-h day of A ph i , 2018.
free peaks Cove
(C ac r)
We'si dery
(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
Executed in Duplicate Bond No.: 379243P
Premium: $2,462.00
FAITHFUL PERFORMANCE BOND Premium is for Contract Term and Subject
to Adjustment Based on Final Contract Price
Whereas, the City of Redlands ("City"), State of California, and Three Peaks Corporation
(hereinafter designated as "Principal") have entered into an agreement dated April 3, 2018
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as the BROOKSIDE AVENUE MEDIAN
LANDSCAPE REHABILITATION PROJECT, Project No. 71256 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
Developers Surety and Indemnity Company, as Surety, are held and firmly bound unto the City in the
penal scud of Ninety Eight Thousand, Four Hundred and Ninety Eight Dollars and Zero Cents
($98,498.00) lawful money of the United States, for the payment of which sum we bind ourselves,
and our heirs, successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, 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 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 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 and conditions; or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms and
conditions, and upon deterinination 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 Agreement price,
CD 5
but not exceeding, including other costs and damages for which Surety may be liable hereunder,
the amount set forth above. The tenn "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 in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing 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 person 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 perfonned
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 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 sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above
named, on April 4 , 2018.
(SEAL)
Three Peaks Corp.
o tractor)
Erik Simmon (Signature)
President
(Seal and Notarial Acknowledgement of Surety)
CD 6
(SEAL).
Developers Surety and Indemnity Company
JKraer
rety)
BY:
Sarah Myers nature) Attorney -in -Fact
Address: 5S. Blvd., Suite 300
Brea, CA 92821
Telephone: ( 714 ) 784-5660
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 San Diego
I
On APR 0 4 201$ before me, Janice R. Martin
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Sarah Myers
Name(s) of Signef(s)
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(Mb whose name(M4 isl#V# subscribed to the
within instrument and acknowledged to me that 146/shefftV
executed the same in 09/herlplllOW authorized capacity(NM,
and that by H(kherlffl& signature(N) on the instrument the
person{/$J}, or the entity upon behalf of which the personWh
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signre
Place Notary Seal Above 7SgDtuR.taryublic Janice R. Martin
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate officer Title(s):
❑ Partner ❑ Limited ❑ General
A Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Top of thumb here ❑ Guardian or Conservator
❑ Other:
Signer is Representing: Signer is Representing:
Top of thumb here
JANICE R. MARTIN
COMM. #215-8-2 b
NOTARY PUBLIC -CALIFORNIA 0
fi
SAN DIEGO COUNTY
My Commission Expires
JULY 29, 2020
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(Mb whose name(M4 isl#V# subscribed to the
within instrument and acknowledged to me that 146/shefftV
executed the same in 09/herlplllOW authorized capacity(NM,
and that by H(kherlffl& signature(N) on the instrument the
person{/$J}, or the entity upon behalf of which the personWh
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.
Signre
Place Notary Seal Above 7SgDtuR.taryublic Janice R. Martin
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate officer Title(s):
❑ Partner ❑ Limited ❑ General
A Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Top of thumb here ❑ Guardian or Conservator
❑ Other:
Signer is Representing: Signer is Representing:
Top of thumb here
POWER OF ATTORNEY FOR
DEVELOPERS SURETYAND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
'Lawrence F. Mc Mahon, Sarah Myers, James Baldassare Jr., jointly or severally'
as their true and lawful Attomey(s}In-Pact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)•in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said axporabons full power of substitution and revocation, and all of the acts of said Attomey(s)•in-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the fellowfrig resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January ist, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, quaifiying the attomey(s) named in the Power of Attomey to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attcmey or to any certificale relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February, 2017.
f �„rq,
By, t "T_ _ �^ ir..... o., Q,PANYp�
Daniel Young, Senior Vice President yy .'WP�OR*T y�'s- ' �`co 0
[� E =OCT, 5
o. 1936
Mark Lansdon, Vice -President �,�'!?r.ota�r�gLIF�41�•� x
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 Califomla
County of Orange
On February 6, 2017 before me,
Die
personally appeared
LUCILLE RAYMOND
vi�Commlsslon # 2081946
Notary Public - CSEltornfi
Orange County
Y.M Comm. Wires 00113.20118t
Place Notary Seal Above
Lucille Raymand, Notaly Public
Here Insect mea mid Tilk of �,e Officer
Daniel Younq and Mark Lansdon
N-0) d 5gner(3)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within instrument and acknowledged to me that helshelthey executed the same in hWherlthair authorized
capacity(ies), and that by hisAerAheir signature(s) on the instrument the persons), or the entity upon behalf of
which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the Paws of the State of California that the foregoing paragraph is
true and correct
W1TNE5S my hand and official seal.
Signature
Lucill _ ndt ry Public y
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
�t,,,mirr.,.r, i?
This Certificate is executed in the City of inline, California, this 4th day of April , 2D 1$ . .tt Acro lye.pM ANY P,�
By: 1936act. a
Cassie J. ,'sfard, Assistant Se Lary ot98T
IFO
ATS -1002 (02117)
rqur+.
Executed in Duplicate Bond No.: 379243P
Premium is Included in
LABOR AND MATERIAL BOND Pef mance Bond
Whereas, the City Council of the City of Redlands, State of California, Three Peaks
Corporation (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 April a, 2018, and identified as the
BROOKSIDE AVENUE MEDIAN LANDSCAPE REHABILITATION PROJECT, Project
No. 71286 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.
Now, therefore, said Principal and the undersigned as corporate surety, are held firinly
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 Ninety Eight Thousand, Four Hundred Ninety Eight Dollars and Zero
Cents ($98,498.00) 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 successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
J
udgment 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 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 any
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
In witness whereof, this instrument has been duly executed by the Principal and surety
above named, on Aoril 4 , 2018.
(SEAL)
Three Pe*Cor 1r
tractor)
Erik Simmons`, ignature)
President
(Seal and Notarial Acknowledgement of Surety)
CD 8
(SEAL)
Developers Suretv and Indemnity Comoanv
{ urety)
BY:
Sarah Myers {S� ature) Attorney -in -Fact
Address: 50 S. Kra er Blvd., Suite 300
Brea, CA 9 821
Telephone: ( 714 ) 784-5660
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Cade § 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 San Diego
r.
On APR 0 42018 before me, Janice R. Martin
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Sarah Myers
Name(s) of Signer(s)
JANICE R MARTIN
COMM. #2158852
NOTARY PUBLIC -CALIFORNIA N
Y- SAN DIEGO COUNTY
�xx 1
My Corn. ission Expires
_ J4JLY 29,2 4 02,0
1.
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(Mb whose name(I4h isl#Vo subscribed to the
within instrument and acknowledged to me that 66/she/ffl#V
executed the same in Ng/herifto authorized capacity(W,
and that by Hlilherlk� ff signaturef*) on the instrument the
personal, or the entity upon behalf of which the person($h
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 m hand and official seal.
Signat
Place Notary Seal Above Signature o ry Public Janice R. Martin
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner ❑ Limited ❑ General
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Panner ❑ Limited ❑ General
110100,41:11
■ - Ll Attorney in Fact
• ❑ Trustee
Top of thumb here ❑ Guardian or Conservator
❑ Other:
Signer is Representing: Signer is Representing:
Top of thumb here
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 99725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint
**"Lawrence F. Mc Mahon, Sarah Myers, James Baldassare Jr., jointly or severally**"
as their true and lawfulAttomey(s}in-Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Aftomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these
presents, are hereby ratified and confirmed,
This Power of Aftomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Pourer of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Aftomey;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017.
� 1 • ,,ililf/Ii1111,
By:'iLz .• �KAND�jI'., �,PANY
•y nMo21i� �� ¢pL7 �Cr
Daniel Young, Senior Vice-Presi:J2
dent { r,( : [�
L �7 c r =OGT, 5 G
a: ioBy, :y 6967 0
Mark i ansdon, vice President - o�W� i����a � O�(rFpp��¢
o"* >
•�'"L,iiilli•"'••,
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 Cal'rfomia
County of Orange
On February 6.2017 before me,
0
personally appeared
rA LUCILLE RAYMOND
Commission # 2051945
1 Notary Public - C>iifornia
Orange County
My Comm ir9ss Oct 13, 2018
Place Notary Seal Alcove
Lucille Raymond. Notary Public
xom Insect Nane and Tine of Iho Mw
Daniel Young and Mark Lansdon
Nwna(e) or S*w(a)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed
to the within instrument and acknowledged to me that hefshelthey executed the same in IiWherftheir authorized
capakdty(ies), and that by hisfhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
I cedify 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.
Signature
Ludll and, Ncfary Pubfic f
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Hoards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
Iliia.l
This Certificate is executed in the City of Irvine, California, this 4th day of April 2018 . �y Arra'HO ��FANY��
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By:"�
Cassie J. �stord,Assista�1�, $ �� 8' °1037
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ATS -1002 (097) ''4r,it' �In�'`•�