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HomeMy WebLinkAboutContracts & Agreements_173-2018 PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 18th day of August, 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 "Parry" 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 labor and will perform all of the work for the following Reconstruction of roof structure and installation of new roof tile complete, as required by the Contract Documents (as herein defined) and Specifications for City's CRAFTON PARK BATHROOM ROOF RECONSTRUCTION PROJECT (QOL06302018KG) (the"Work") 2 CONTRACT SUM- City shall pay Contractor the sum of forty seven thousand five hundred dollars ($47,500) 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 required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3 TIME FOR COMPLETION:The Work shall be completed within Thirty(30)calendar days from and after the date of the delivery to Contractor of the 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 the Contractor to complete the work within the allowed time Such sum is liquidated damages and shall not be construed as a penalty,and may be deducted from payments due the Contractor if such delay occurs 5 CONTRACT DOCUMENTS. This Contract incorporates by reference the following Notice Inviting Bids,Instructions to Bidders, Contractor's Proposal,Bid Bond,Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents") 6 ATTORNEYS'FEES• In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract Documents,the prevailing Party in such action,in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 7 RESOLUTION OF CONSTRUCTION CLAIMS. Any claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and 1 i 1ca1djmlAgreementslThree Peaks Corp-Grafton Park Public Works Contract docx ORIGINAL processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15 of the Public Contracts Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in Public Contracts Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided for the filing of claims by Contractor 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR- Contractor and all of its subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to perform the Work 9 ASSIGNMENT OF AGREEMENT-No assignment by Contractor of any rights or interests under this Contract shall be binding on the City without the prior written consent of the City 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 of 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 1cUjm\Agreernents\Three Peaks Corp Crafton Park Public Works Contract docx IN WITNESS WHEREOF,the Parties hereto have executed this Contract the day and year first written above City of Redlands (SEAL) B [ � Paul W. Foster, Mayor ATTEST. pfoster@cityredlands org e Donaldson, City Clerk jonaldson@cityofredlands org (SEAL) E i mons Three Peaks Corporation F By Signature of utho ed Agent Title Signature of Authorized Agent(if necessary) Title q4 l 52.E Contractor's License No 3 I 1cUjmlAgreementslThree Peaks Corp-Crafton Park Public Works Contract.docx WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract Crafton Park Bathroom Roof Reconstruction—QOL06302018KG Every employer, except the State, shall secure the payment of compensation in one or more of the following ways a By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State b By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees CHECK ONE v"" I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or 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 QJh day of AMA�—,2018 three Peaks apiP tor)" sic, (Sig tore} (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 1 1ea\dJm\Agreements\Three Peaks Corp-Crafton Park Public Works Contract.docx Executed in Duplicate Bond No 379255P Premium $684 00 Premium is for Contract Term and Subject to Adjustment FAITHFUL PERFORMANCE BOND Based on Final Contract Price Whereas,the City of Redlands("City"), State of California,and Three Peaks Corp (hereinaftet designated as "Principal")have entered into an agreement dated Aug 8,2018 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified asCrafton Park Bathroom Roof and is hereby referred to and made a part hereof, and Reconstruction Project (QOL06302018KG) Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful perforimance of the Work, now, therefore,we,the Principal and,Deveto ers Sure and lndemmt Com an as Surety, are held and firmly bound unto the City in the penal sum of Fort Seven Thousand Five Hundred &001100 Dollars ($ 47,500 00 ) lawful money of the United States, for the payment of which sum we bind ourselves, and oui 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 of 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 mannet therein specified, and in all respects according to their true intent and meaning, and shall fatthfully fulfill the one-yeai 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 Work, the above obligation shall hold good for a period of one(1)yeai 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 full, complete, and satisfactory repair and replacements and totally protect the City from loss of damage made evident during this period from the date of completion of the Work, and resulting from of caused by defective materials of 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 thereundei, the Surety shall promptly remedy the default, of shall promptly, at the City's option 1 Complete the Work in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Work in accordance with its terms and conditions,and upon determination by Surety of the lowest responsive and responsible bidder, arrange foi a contract between such bidder and the City, and make available as 5 11ca\djni\A;reernents\Tiuee Peaks Corp Crafton Park Public Works Contract.doex 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 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 Work 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 August 9, 2018 (SEAL) (SEAL) Three Peaks CorpDevelopers Surety and Indemnity Company C wid r urety)BY Erik Simmons (Si ature) President Sarah Myers I Vignature) Attorney in Fact Address 500 S Kra Der Blvd ,Suite 300 Brea, CA 92821 (Seal and Notarial Acknowledgment of Telephone( 714 ) 784 5660 Surety) 6 I 1ca\djm\Agreements\Three Peaks Corp-Crafton Park Public Works Contract.docx 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 On AUG 0 9 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)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(/A whose name(16 islfflo subscribed to the within instrument and acknowledged to me that iydlshe/ffy; y executed the same inM/her/#W authorized capacity(VOM, �Y 5 JANICER MART IN and that by HIA/her/MN signatureVf ) on the instrument the COMM #2lr-£ia52 personN, or the entity upon behalf of which the personwh =. NOTWlY PUBLIC CALIFOPAIA W acted, executed the instrument. SAN DIEGO COUNTY MyCornmissionExpires I certify under PENALTY OF PERJURY under the laws of JUL.Y29,2D20 the State of California that the foregoing paragraph is true and correct Witness m hand and official seal Signatu Place Notary Seal Above Signatu of Notary 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 Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Titles) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited ❑ General Attorney in Fact ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ 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 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725 IRVINE CA 92623 (849)263-3300 KNOW ALL BY THESE PRESENTS[hat except as expressly limited DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA do each hereby make constitute and appoint —Lawrence F McMahon, Sarah Myers jointly or severally"" as their he and lawfulAtiorrey(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 Aliomey(s)-in Fact fu`i power and authority to do and to perform every act necessary raquisite 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 Atterney(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 all tonty of the followlr>q resO,,utions 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,fhe PiesidenL Executive Vice-President,Senior Vlce•Presldent or any Vice President of the corporations be,and that each of them hereby Is,authonzed to execute this Power of Attorney qualifying the attomey(s)named in the Pourer otAttomay to execute,on behalf of the corporations,bonds,undertakings and contracts of sure(yship,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 cerlAcale relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shag be valid and li nding upon the corporations when so affixed and In the future with respect to any bond undertaking or contract Of suretyship tO which 11 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 or Assistant Secretary tht 6th day of February,2017 By AN a, Dame Young Senior Vice-President J j'i�oi tO �CrG%A?Qrj c, 1936 '�� ? 4CT 5 ai ; )z 1987 Y Mark Lansdon Dice-President � !t;voti? a�c� ��c�41FOP��� A notary public or other officer completing this certr5cate 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 Slate of Californla County of Orange On February 6 2017 before me, Lucille Raymond,Notary Public Data We Instil rrwe WTdo of the 0l&tr personally appeared Daniel Young and Mark Lansdon rlane(s)of shuts) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hrslhedtheir authorized capaaly(les) and that by htsiharltheir signalure(s)on the instrument the person(s) or the entity,upon behalf of LUCILLE RAYMOND which the personfs)acted,executed the Instrument Commission 0 2001945 Notary Public Calif oraia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is Orange CottZ true and correct M Comm E fret 3 2g19+ WITNESS my hand and official seal Place Notary Seal Above Signature Lueill 01y and Notary PubIr, CERTIFICATE The undersigned,as Secretary orAssistant Secretary Of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNtA 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 resotubons of the respective Boards of DlreCIDrs of said corporations set forth In the Power of Attorney are In farce as of the date of this Cert fixate This Certificate is executed in the City of Irvine,California,this 9th day of August 2018 • ��AHa iy'% C�gAN),r7� a�'' e •O� ��04t90At c, By Cassia J rristord,Assistant beetary :b ';aj,�•.�itFC�:.�' oy C-t tie 2 ATS-1002(02117) 7�"too ••�� trFpF Executed in Duplicate Bond No 379255P Premium is Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Three Peaks Corp, (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 August 8,2018 , and identified as Cratton Park Bathroom Roof is hereby referred to and made a part hereof, and Reconstruction Project(QOL0630201 8 KG) 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 Dollars ($47,500 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 heremabove 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 *Forty Seven Thousand Five Hundred &001100 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 In witness whereof,this instrument has been duly executed by the Principal and surety above named, on August 97 2018 (SEAL) (SEAL) Three Peaks Corp, —Developers S and Indemnity Cornpan� (Contracto (Surety) BY &W (Signature r k S s resident (Signature) S1 Aff My s,Attorney in Fact Address 1J 500 S Kraemer Blvd , Suite 300 Brea, CA 92821 (Seal and Notarial Acknowledgment of Telephone( 714) 784-5660 Surety) 7 I Icaldjm\Agreements\Three Peaks Corp Crafton Park Public Works Contract.docx 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 On AUG 0 9 2018 before me, Janice R Martin Notary Public, Date Insert Nam of Notary exactly as it appears on the official seas personally appeared Sarah Myers Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(�h isl#Vo subscribed to the within instrument and acknowledged to me that Ufl/she/fty executed the same in 49/her/oft authorized capacity(V#M, ^ " JANICE R MAFrl IN and that by HIA/her/N##signature(M on the instrument the COMM #2150852 0' person or the entityupon behalf of which the erson NOTARY PUBLIC-CALIFORNIA 0 acted eecuted the instrumentp �� SAN DIEGO COUNTY My Commission Expires ' JULY29 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my haad.and official seal Signature Place Notary Seal Above Signature oV Public Janice Fk 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 Signer(s) Signer's Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer—Titles) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General 14 Attorney in Fact -•- ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ 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 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 PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA do each hereby make constitute and appofnt —Lawrence F Mc Mahan Sarah Myers,jointly or severalty" as then true and lawfulAttomey(s)•rn-Fact,to make,execute,delnrer and acknowledge,for and on behalf of said corporations,as sureties bares undertakings and contracts of suretyshlp giving and granting unto said Atforney(s)-la•Facf N7 power and authority to do and to perform every act necessary requisite or proper to be done in connection therewith as each of saki corporations could do but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attwney(s)•ln•Facf,pursuant Io 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 reso?ulions adapted 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 Chalmian of the Board the President,Executive Vice-President,Senior Vice-President or any V"president of the corporations be,and that each of them hereby Is,authorized to execute this Power of Attorney,qualifying the allomey(s)named In the Power of Attorney to execute,on behalf of the corporations bonds undertakings and contracts of surelyshlp;and That the Secretary or any Assistant Secretary of either of the corporations be,and Bach of them hereby is,authorized to attest the executlon of any such Power of Attomey, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power ofAflomey or to any certificale relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile slgnalures shag be valid and binding upon the corporatkrns when so affixed and In the future with respect to any band undertaking or contract of surelyshtp to which it Is attached IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalE caused these presents to be signed by their respective officers and a3lested by their respective Secretary crAssistant Secretary this 5th day of February 2017 By `. 1'r allorH'., PAt1Y Daniel Young SeniorVicBPresident :�?YY'paoi o10oy 0 (�+ _ r� _ �7.76 i t- GDCT S a O y >u t9$7 B Mark Lansdon Yrce-President �+c+Fc's ya4' fF A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy or validity of that document State of California County of Orange On February 6 2017 before me Lucille Raymond,Notary Public We rnsul rime and Tits d Lim Slain personally appeared Daniel Young and Mark Lansdan Namelrt d S17ML01l who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Istare subscribed to thewithln instrument and acknowledged to me that helshelthey executed the same.n hrslheritheir authorized capacily(les),and that by hislhedthelr signalure(s)on the instrument the pamon(s),or the enlity upon behalf of LUCILLE RAYMOND which the person(s)acted,executed the instrument Commission 0 2001945 Notary Publlc=C&Ilfornita I certify under PENALTY OF PERJURY under the laws of the State of Califcnua that the foregoing paragraph is Orange County true and correct. MZ Comm fix Tres Oct 13 20151 WITNESS my hand and official seal Place Notary Seal Above Signature Luau y and Notary Pub€� CERTIFICATE The undersigned as Secretary orAssrstant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORN!A does hereby certify that the foregoing Power of AttomBy remains in full force and has not been revoked and,furthermore,that the provisions of the reso Oons of the respective Boards of Dtrec€ors of said corlxnhons set forth In the Power of Attorney are In force as of the date of this Certificate This Certificate Is executed in the CI of Irvine,Califomfa,this `"rrrr,r+"•�� pAl1 V ty 9th day of August � 201$ ZY hNOrt,•.,r 4k O '�, pPUR o B i s1(� fFo; z zG DCT 5 y Cassle J. rtisford Assistants la =ai 173 F n w 146? G ry ATS-1002(017) 'l" ",;potsii�eNNr`. ,�