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HomeMy WebLinkAboutContracts & Agreements_96-2018PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") is made and entered into this 5th day of June, 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 Corp (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 SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work in accordance with the Contract Documents (as herein defined) for City's BLOCK 11 WITHIN HILLSIDE MEMORIAL PARKproject 2 THE CONTRACT SUM: City shall pay Contractor the sum of one hundred fifty one thousand one hundred five dollars and fifty cents ($151,105 50) 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 TIME FOR COMPLETION: The Work shall be completed within sixty (60) 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 five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work Execution of this 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 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: The "Contract Documents" include this Contract includes all of the following Documents Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Specifications, and any addenda thereto ATTORNEYS' FEES In the event any 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 RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3, Chapter 1, Article 15 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in 1 IcaldjmlAgrcetncntslThree Peaks Corp Contract Ftnal.docx ORIGINAL 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 byContractor 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 prior 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 I %ca\djmlAgrecmcnts\Three Peaks Corp Contract Final.doex ORIGINAL IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) City of Redlands By Paul W Foster Mayor City of Redlands County of San Bernardino, California ATTEST: JX64de Donaldson, City Clerk i y of Redlands County of SanBemardino, California (SEAL) ES onsf President Three Peaks Corp Signature of Authorized Agent Title Signature of Authorized Agent (if necessary) Title�7 C { � Contractor's License No I•IcaldjmlFlgreementslThree Peaks Corp Contract - Final.docx ORIGINAL WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City ofRedlands Quality of Life Department BLOCK 11 WITHIN HILLSIDE MEMORIAL PARK 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 maybecome 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 15t' day of May, 2018 -Three PeaKs Gor {Con .actor) ' (Signature) pin (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) 4 [•1ca\djmlAgreements\Thrae Peaks Corp Contract - Final.docx ORIGINAL Executed In Duplicate Bond No 379250P Premium $2,176 00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Three Peaks Corporation (hereinafter designated as ("Principal") have entered into an agreement dated May 15, 2018 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Block 1 I within Hillside Memorial Park 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 sum of one hundred fifty one thousand one hundred five dollars and fifty cents ($151,105 50) 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 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, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable 5 1 IcaldpnlAgreementslThree Peaks Corp Contract - Final.docx ORIGINAL 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 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 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 June 5 , 2018 (SEAL) Three Peaks Coro. actor) Erik Simm ns (Signature) President (Seal and Notarial Acknowledgement of Surety) (SEAL) Developers Surety and Indemnity Company Surety) BY Sarah Attorney- act (Signature) Address 500 S Kraemer Blvd., Suite 300 Brea, CA 92821 Telephone ( 714 ) 784-5660 6 11ca1djmlAgreementslriuee Peaks Corp Contract Prnal.docx ORIGINAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Clvll 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 On JUN 0 5 201$ before me, Janice R Martin Notary Public Date Insert Name of Notary exactly as it appears on the official seal personally appeared Sarah Myers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personQ whose name(/46 isl#Vo subscribed to the within instrument and acknowledged to me that H#/she/fj A(U �BANICE P MARTINand COMM/2158852 C) executed the same In Wg/herlytYOW authorized capacity(j+g$ ), that by fiWherlOyO'N signature([ on the instrument the person*, or the entity upon behalf of which the person(#J) rA NOTAR"PUKIC CALIFORNIA W rf5 acted, executed the Instrument SAN DIEGO COUNTY My Commisstan Expires I certify under PENALTY OF PERJURY under the laws of JULY 29 21:120 the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Slgnatu Place Notary Seal Above Signature oof ry Public Janic?RMa�rtin�� OPTIONAL Though the information below is not required by law, rt 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 Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s) ❑ Corporate Officer Title(s) ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limitod ❑ General [ Attorney in Fact ; •- ❑Attorney in Fact RIGMT T611111141"" ❑ Trustee OF ❑Trustee OF SIGNER ❑ Guardian or Conservator Tap of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer Is Representing Signer is Representing Surety Company (IRIAINA1. Wi■4VIIIIII•tsA� POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Boz 19725 IRVINE, CA 92523 (949) 2613300 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 jointly or severalty*** as their true and law fulAttarrey(s)•in-Fact, to make, execute deliver and acknowledge for and on behalf of said corporations as surelies, bonds, undertakings and contracts of suretyship giving and granting unto sold Atlomey(s),In-Fact fug power and authority to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of said corphoratiom could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attrxney is granted and Is signed by facsimiie under and by authority of the following resautlons 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 Yice•PresIdent or any Vice President of the corporations be and that each of them hereby is, autlhodzed to execute this Power of Attorney, qualifying the attorney(s) named In the Power of Anomey to axecule, 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 Aitomey; 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 void and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking or conbactof surelyshtp to which b is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to ire signed by their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February 2017 By �l_ Daniel Young, Senior Vice -President By Maria Lansdon, Yke President A notary public or other officer completing document to which this certiricate is affact State of California County of Orange on February 6 2017 before me, Lucille Raymond. Notary P bacDate tteie rnsen Naris sindTAe of the 01JI personally appeared Daniel You and Mark Landon NareHs) d Signertsl I;— - r-- -LUCILLE RAYMOND Colnmissiae 0 2001945 a Notary Public • Caloornla Orange County 4 Comm. E iretl Oct 13 201a+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ochre subscribed to the within Instrument and acknowledged to me that hefshelthey executed the same In hisfierltheir authorized capacty(ies), and that by hWherAheir si rialure(s) on the Instrument the person(s), or lte entity upon behalf of which the person(s) 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 Signature Lucill y and Notary Public. CERTIFICATE The undersigned as Secretary orAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the toregobhg Power el Attomey remains In full force and has not been revoked and furthermore, that the provisions of the resautions 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 This Cerfiricate is executed In the City of Irvine California, this 5th day of "�•�������'' June , 2018 ,•tY AND ` ., �,t?Af�r By � ��`•193d �_ �rocTs`"�© Cassie J. rrislord,Assistant S tory o;• e0 s 1857 ATS 1002 (02117) ORIGINAL +�'.j�!��y.' � AP: 0""'Q 2 O � h fpnroRjr i ;Cr RPPU1�4 f tk a •° 1936 'g' a r` OCT b o_ 21F... . Lu 1467 Obi �R4iFOP'��' �? C ..h a• certificate verifies only the idenfity of the individual who signed and not the truthfulness, accuracy or validity of that document on February 6 2017 before me, Lucille Raymond. Notary P bacDate tteie rnsen Naris sindTAe of the 01JI personally appeared Daniel You and Mark Landon NareHs) d Signertsl I;— - r-- -LUCILLE RAYMOND Colnmissiae 0 2001945 a Notary Public • Caloornla Orange County 4 Comm. E iretl Oct 13 201a+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ochre subscribed to the within Instrument and acknowledged to me that hefshelthey executed the same In hisfierltheir authorized capacty(ies), and that by hWherAheir si rialure(s) on the Instrument the person(s), or lte entity upon behalf of which the person(s) 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 Signature Lucill y and Notary Public. CERTIFICATE The undersigned as Secretary orAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the toregobhg Power el Attomey remains In full force and has not been revoked and furthermore, that the provisions of the resautions 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 This Cerfiricate is executed In the City of Irvine California, this 5th day of "�•�������'' June , 2018 ,•tY AND ` ., �,t?Af�r By � ��`•193d �_ �rocTs`"�© Cassie J. rrislord,Assistant S tory o;• e0 s 1857 ATS 1002 (02117) ORIGINAL +�'.j�!��y.' � AP: 0""'Q 2 O � h Executed in Duplicate Bond No 379250P Premium Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and 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 May 15, 2018, and identified as Block 11 within Hillside Memorial Park 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 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 one hundred fifty one thousand one hundred five dollars and fifty cents ($151,105 50) 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 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 (commencmg 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 7 1 1ca\dim\Agreements\Three Peaks Corp Contract Pinal.docx ORIGINAL In witness whereof, this instrument has been duly executed by the Principal and surety above named, on June 5 , 2018 (SEAL) Three Peaks Corp. ontractor) HK im ns (Signature) President (Seal and Notarial Acknowledgement of Surety) 8 11ca1djrn\Agreements\Three Peaks Corp Contract - Final-docx (SEAL) Developers Surety and Indemnity Company hAA/j�. (Surety) BY -Sa-r-a5 My Attorney -in ct (Signature) Address 5000 Kraemer Blvd Suite 300 Brea, CA 92821 Telephone ( 714 ) 784-5660 ORIGINAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C€vll Code § 1189 A notary public or other officer completing this certificate verifies only the Identity of the mdlvidual 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 On JUN 0 5 2018 before me Janice R Martin Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Sarah Myers Names) or Sigrier(s) who proved to me on the basis of satisfactory evidence to be the person(o whose nal is/## subscribed to the within Instrument and acknowledged to me that 116/shelffll —77'executed the same In kVg/herl*#W authorized capacity(ft), .�ANI C.. R ArAFt � !R 1 and that by 1�Ji�/herlf`drr�11� signaturell on the instrument the .. COMM #2158852 gy personN, or the entity upon behalf of which the personWh S3 NOTARYPUBtfC CALIFORNIA 0 acted executed the instrument q 4J SAN DIEGO COUNTY My Co 29,2,a2l) res I certify under PENALTY OF PERJURY under the laws of LY Ltiy2� ���� the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signatur �✓�'�-' Place Notary Seal Above Signature vary 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 Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signers) Signer's Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General Attorney in Fact 00111111❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee ; ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer Is Representing Signer is Representing Surety Company �� ,W a an �w muff -an POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Bolt 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 appofnl '*'Lawrence F Mc Mahon, Sarah Myers, jointly or severally*** as theft true and lawful Attomey(s)•in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties bonds, unde€ kings and contract:; of suretyship giving and granting unto said Atfomey(s)-fn•Faet fuse power and authority to do and to perform every act necessary requisite or proper to be done In connection therewith as each of said corporalians could do but reserving to each of said corporations full power of substrlution and revocation. and all 01 the acts of said Attcmey(s)-in-Fact pursuant to ttrese presents, are hereby ralified and corfirmed. This Power of Atfoomey Is granted and b signed by facsimile under and by authority of the felfoWng msautfons adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMN€TY 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 Power of Attorney, qualifying the attorney(s) named In ft Power of Attorney to execute, on behar of the corporations, bonds undertakings and contracts of suretysMp, and that the Secretary or any Assistant Secretary of either of the corperatiom be, and each of them hereby Is authorized W attest the execution of any such Power of Attorney, RESOLVED, FURTHER, fhat the signatures of such officers may be affixed to any such Power of Attorney of to any cerfflicate reiafing thereto by facsimile, and any such Power of Attorney or certificate bearing such lemimile 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 fa attached IN WITNESS WHEREOF DEVELOPERS SURETY AND INOEMNIiY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary arAssistant Secretary this 6th day of February, 2017 Dania Young SerniorVice-President = �, �pswo By Mark Landon, Vrce President A notary public or other officer coml document to which this certificate is State of California County of Orange OCT 5 -� M t9t17 this certificate verifies only the Identity of the individual who signed the ed and not the truthfulness accuracy, or validity of that document. on __ . _ Fetxuaryti 2_017 before me LucikRRa�dNn • ryPubkDXe edtinedic — — personally appeared Daniel Ynu arxt Mark Landon Nor*(,) of &7lerix} LUCILLE RAYMON>9 Commission 0 2001tii5 '� " Notary Public; California Orange County M Comm. Ex €res Qct 13 20ft1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose names) Ware subscribed to the within Instrument and acknowieciged to me that helshelthey executed the same in hislherTlheir authorized capacity(fes) and that by hislhedtheir sgnalure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is hire and correct. WITNESS my hand and official seal Signature Lucilf y and Notary Pu*CERTIFICATE The undersigned as Secretary orAsscstant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNPA 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 resautions of the respective Boards ofAuectors of said corporations set forth In the Power of Attorney are In force as of the date of this CmIlcale This Certificate Is executed in the CI of Irvine, Cafifomta, this ND City 5th day June , 2018 `'��Ar,a%, Qp,PANro •'•J r r By = ,u: • 1936 OCT a Cassie J. msford, Assistant $ tary a: :: a o 1964 Z ATS -1002 (D2117) ORIGINA o" t-