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HomeMy WebLinkAboutContracts & Agreements_125-2018PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 3rd day of duly, 2018, by and between the City of Redlands, a municipal corporation oiganized and existing under the laws of the State of California, (hereinafter "City"), and Houston & Harris PCS, Inc (liereinafter "Contractor") City and Contractoi 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: Contractoi shall furnish all materials and will perform all of the work for the following 2018 Sewei Pipeline Cleaning and Inspection Services, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2018 Sewer Pipeline Cleaning and Inspection Services, Project No 73343 (the "Work") 2 THE CONTRACT SUM City shall pay Contractor the sum of one hundred forty two thousand five hundred thirty five dollars ($142,535 00) as consideration for its perfortnance of the Work in accordance with the terns and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within ninety calendar days (90) from and aftei 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 to 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, of have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each consecutive calendar day to excess of the specified time fot 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 darnages and shall not be construed as a penalty, and may be deducted from payments due Contractoi if such delay occurs 5 CONTRACT DOCUMENTS. This Contract incorporates by reference the following Notice Inviting Bids, Instructions to Bidders, Contractoi'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") G ATTORNEYS' FEES: In the event any legal action is commenced to enforce of interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recovei its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD I [ lcaldjrnlAgreenientslHouston & Harris PCS PUbhe Work Contract doca 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) of less shall be made by Contractot 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 Contractoi ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Laboi Code Sections 1777 1 andloi 1777 7, and certify that they are not debarred and are eligible to work on this project ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests undei this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS City and Contractoi each binds itself and their respective successors and assigns in respcet to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision or part of the Contract documents held to be void of unenforceable undei any law of regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractoi CD 2 11caldjtn\AgreenieiitslHouston & Ham,; PCS Public work Contract doex IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) ATTEST J60ne Donaldson, City Clerk City of Redlands (Owner) "-�aul W Foster, Mayor (SEAL) Houston & Harris PCS, Inc Name of Contractor By A, ",/, 0 Signature of Authorized Agent President Title Signature of Authorized Agent (if necessary) Title 8'IR14161 - Contractor's License No CD 3 1 1caAmlAgreements\Houston & Harris PCS Public Work Contract.docx WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department 2018 Sewer Pipeline CIeaning and Inspection Services Prosect No. 73343 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 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 fitrnishing 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 ONF, 2 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 and activities required or permitted under this Agreement (Labor Code section §1861) -Z—I affirm that all times, in performing the work and activities required or permitted 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 26th day of June 12018 Houston & Harris PCS, Inc President ( SEAL) (Contractor) (Signature) (Official Title) (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 I Icaldjm\Agreernents\Houston & Harris PCS Public Work Contract docx Premium is for contract term and is subject to adjustment Bond #812483P Executed in Duplicate based on final contract price Premium $3 138 00 Effective Date of bond FAITHFUL PERFORMANCE BOND July 3, 2018 Whereas, the City of Redlands ("City"), State of California, and Houston & Harris PCS, Inc (hereinafter designated as "Principal") have entered into an agreement dated July 3, 2018 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as 2018 Sewer Pipeline Cleaning and Inspection Services, Project No 73343 and is hereby referred to and made a part hereof, and Whereas, said Pi incipal 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 Forty Two Thousand hive Hundred Thirty Five Dollars and Zero Cents ($142,535 00) lawful money of the United States, for the payment of which sum we bind ourselves, and our hens, 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 of its heirs, executors, administrators, successors of 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 ane -yeas 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) yeas of 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 frill, complete, and satisfactory repau 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 woikmanship, the above obligation in penal suin thereof shall remain in frill force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Pi incipal 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 Complete the Agreement in accordance with its terms and conditions, of 2 Obtain a bid of 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, CD 5 I lcaldjm\Agreements\Houston & Harris PCS Public Work Contract docx 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 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 refect 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 , 2018 (SEAL) Houston & Harris PCS, Inc (Contractor) (Signature) (SEAL) Developers Surety and Indemnity Company �II �p (Surety G BY &A a 6 Laurie B Druck, (Signature) Attorney -in -Fact Address (Seal and Notarial Acknowledgement of Surety) 17771 Cowan Ste 100 Irvine, CA 92614 Telephone ( 800 ) 782-1546 CD 6 I 1ca1djm\Agreements\Houston & Harris PCS Public Work Contract doex CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 S5 County of San Bernardino / On June 27, 2018 before me, Cynthia J Young, Notary Public Name and Title of Officer (e.g 'Vane Doe Notary Public") personally appeared Laurie B Druck Name(s) of Signers) CYNTHIA J YOUNG Notary Public California Z -r San Bernardino County a Commission 4t 2457044 My Comm Expires Jul 15 202r 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 she executed the same in her authorized capacity, and that by her 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 ,fgnalolof Notary Pu is 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 this 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 0 Individual L PM Corporate Officer Title Partner -- O Limited © General Attorney -in -Fact Trustee O Guardian or Conservator Other Signer is Representing Number of Pages Top of thumb here ACKNOWLEDGMENT 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 Bernardino On jt' 7w- ®? Vii.1 before me, Jaspreet Kaur,Notary Public (insert name and title of the officer) personally appeared _)�4114ah &U:S`%A/ , who proved to me on the basis of satisfactory evidence to be the person) whose name) is/afe subscribed to the within instrument and acknowledged to me that -he/she/" executed the same in -tris/her/thea authorized capacity0es-) and that bye/her/th signatureko on the instrument the person(, or the entity upon behalf of which the persono) 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 JASPR�KAUR.COMM WITNESS my hand and official seal ' : NOTARY PUBLIC CALIFORNIA SAN BERNARDINO COUNTY Ch My Comm Expires Aug 16 2018 Signature SIG�2QQC.?!�- _____ _ (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRFSENTS that except as expressly €invited DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make constitute and appoint: ***Cynthia J Young Jay P Freeman, Laurie B Druck, Christina Mountz, Cynthia J Russell, jointly or severally*** as their true and lawful Attomey(s)-in Fact 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 Attorney(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 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 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 Power of Attorney, qualifying the attomey(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 Attorney - RESOLVED FURTHER that the signatures of such officers may be affixed to any such Power of Attorney or to any certficate 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 andel attested by their respective Secretary or Assistant Secretary this 6th day of February 2017 By ••. ,c( ANQ/NO. Daniel Young Senior Vice-Presidento�o"4r�ya z 2POAgC9T co Y By Mark Lansdon Vice -President o....... o� Dy` tfFO 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 California County of Orange On February 6, 2017 before me, Lucille Raymond, Notary Public Date Here Insert Name and Tick of the O{ficer personalty appeared Daniel Young and Mark Lansdon Name(s) d Signers} 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 hlsfher/their authonzed capacity(ies), and that by histhedtheir signature(s) on the instrument the person(s) or the entity upon behalf of _ LUCILLE RAYWVD which the person(s) acted, executed the instrument Commission # 2081945 Notary Public Calltornla I certify under PENALTY OF PERJURY under the laws of the State of Cafifomla that the foregoing paragraph is Orange County true and correct M Comm Expires Oct 13 2018 WITNESS my hand and official seal Place Notary Seal Above Signature Lucill y and Notary Public CERTIFICATE The undersigned as Secretary orAssistant 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 This Certificate is executed in the City of Irvine Californ a this p� 1� day of a��� r AIYo fN'•.,�� ��PAN Y p� 0 By ext. 193 <: z=ocs� da Cassie J. sford Assistant Se tary o • o ' w 1967 ATS 1002 (02/17) '�.,,,��*��,,.•`� Executed in Duplicate Bond # 812483P Premium included in charge for Effective Date of Bond July 3, 2018 Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Houston & Harris PCS, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Ptincipal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated July 3, 2018, and identified as 2018 Sewer Pipeline Cleaning and Inspection Services, Project No 73343 is hereby referred to and made a part hereof, and Whereas, undei the terms of the Agreement, Pi incipal 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 Pt incipal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, matetial 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 forty two thousand five hundred thirty five dollars ($142,535 00) for materials furnished or labor thereon of any kind, or for amounts due undet 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 (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 then assigns in any suit brought upon this bond Should the condition of this bond be frilly 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 of 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 1 1ca1djmlAgreements\Houston & Harris PCS Public Work Contract docx In witness whereof, this instrument has been duly executed by the Principal and surety above named, on June 27 12018 (SEAL) Houston & Harris PCS, Inc (Contractor) (Signature) (Sea] and Notarial Acknowledgement of Surety) CD 8 I 1ea1djm\Agreements\Houston & Harris PCS Public Work Contract doex (SEAL) Developers Surety and Indemnity nity Company BY A 8 . (Surety) Laurie B Druck, (Signature) Attorney -in -Fact Address 17771 Cowan Suite 1Do, Irvine, CA 92614 Telephone ( 800 )_T82-1546 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 SS County of San Bernardino ) On June 27, 2018 before me, Cynthia J Young, NotarV Public Name and Title of Officer (e.g Jane Doe, Notary Public") personally appeared Laurie B Druck CYNTHIA J YOUNG _Notary Public California San Samardino County z Z WCommission #2157044 9 My Comm Expires Jul 15 202^ Name(s) of Signer(s) 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITN�PS my hand and official seal Si tune of tary Public 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 this 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 ❑ Individual ❑ Corporate Officer Title O Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact 0 Trustee ❑ Guardian or Conservator Other Signer is Representing ACKNOWLEDGMENT 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 Bernardino On % before me, Jaspreet Kaur,Notary Public (insert name and title of the officer) personally appeared J'Xtytl:G6t /%UUS /lI/1/ who proved to me on the basis of satisfactory evidence to be the persons) whose name(S) Isla subscribed to the within instrument and acknowledged to me that44elshe/" executed the same in hieIherltfrerr authorized capacfty(4,--s), and that by /herltheir-signatureM on the instrument the person(g), or the entity upon behalf of which the person(sr) acted, executed the instrument certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct JASPREET KAUR COMM #2075195 7„ WITNESS my hand and official seal Cr SAN CALIFORNIA SAN BERNARDINO COUNTY My Comm Expires Aug 16 2018 � Signature V� Y�o?�'`_- – — (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725 IRVINE CA92623 (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 ***Cynthia J Young, Jay P Freeman, Laurie B Druck, Christina Mountz, Cynthia J Russell, jointly or severally*** as their true and lawful Attorney(s)-in Fact, 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 corporations full power of substitution and revocation and all of the acts of said Attorney(s)-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 1 si, 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 anomey(s) reamed 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 Attorney RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certicate relating thereto by facsimile and any such Power of Attorney or certificate beanng 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 CALI FORNIA have severally 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 By L�r�+ ANb ?ANYO Daniel Young, Senior Vice -President �r�J �pRroii� �tj : a ;OD�Po& / 193$ • <, OCT s C)., 19fiT By. Mark Lansdon, Vice -President X30• }e� lit oA POP 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 Califomia County of Orange On February 6, 2017 before me, Lucille Raymond, Notary, Public Date Here Insert Name and rule of the Offi r personally appeared Daniel Young and Mark Lansdon Nam(s) of Signers) LUCILLE RAYMOND Commission R 2081945 ;+ Notary Public • Calftnia z Orange County M Comm Expires Oct 13 2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshehhey executed the same in histherttheir authorized capacity(ies) and that by hlslherlthelr signature(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 State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal f , 4w�U4 Signature V Lucille y ond, Notary Public CERTIFICATE The undersigned as Secretary orAssistant 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 This Certificate is executed In the City of Irvine, California, this �'� day of g{,(,j1Q, ON4; • ty ANO ``�w,��.. ;; • 0 - __ : �J4�,.�•�40i�rc�.,cP1i � �G� �xPOr�,�T �pr CT Cr' aBY o ° Cassie risford Assistant Se tary o e . � •.gctFo�: a �� R[ut- ��. ATS 1002 (02J1 7) t..,,, * ,,,.••