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HomeMy WebLinkAboutContracts & Agreements_102-2019PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 4th day of June, 2019, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and PK Construction (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 Contractoi agree as follows 1 SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following TDA 2013/14 & 2017/18 Transit Stop Access Improvement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's TDA 2013/14 & 2017/18 Transit Stop Access Improvement Pro3ect, Project No 47115 2 THE CONTRACT SUM. City shall pay Contractor the sum up to eighty nine thousand nine hundred twenty six dollars ($89,926) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION: The Work shall be completed within forty five (45) 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 Contractoi, the sum of five hundred dollars ($500) foi each consecutive calendar day in excess of the specified time for completion of Wolk Execution of the Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted fiom payments due Contractor if such delay occurs 5 CONTRACT DOCUMENT& This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto 6 ATTORNEYS' FEES. In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and othei relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD 1 L 1calditnlAgreements\PK Construction Contract.docx 7 RESOLUTION OF CONSTRUCTION CLAIMS. Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from fling claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR. Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/oi 1777 7, and certify that they are not debarred and are eligible to woik on this project 9 ASSIGNMENT OF AGREEMENT. No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS City and Contractoi each binds itself and then respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor CD 2 L Icaldpm\Agreements\PK Construction Contrnct.docx IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) ATTEST. e Donaldson, City Clerk L.lcaldjm\AgreementsWYK Construction Contract.docx City of Redlands (Owner) By Paul W Foster, Mayor (SEAL) CAS Name of Contractor By i9ctK Signature of Authorized Agent OW Title Signature of Authorized Agent (if necessary) Title Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Descnption of Contract City of Redlands Municipal Utilities & Engineering Department TDA 2013/14 & 2017/18 Transit Stop Access Improvement Project Project No 47115 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- msure, either as an individual employer, or as one employer in a group of employers which may be given upon famishing proof satisfactory to the Director of Industnal Relations of ability to self- insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 1861) Dated this 3\ day of W\1 , 2019 (SEAL) (Contractor) Zt___ V 1 (Signa v tJ r\ (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 L IcaldjmlAgreements\PK Construction Contract,docx FAITHFUL PERFORMANCE BOND Bond No #1001060303 Premium $2,113 oo Whereas, the City of Redlands ("City"), State of California, and PK Construction (hereinafter designated as "Principal") have entered into an agreement dated June 4 ,2019 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Project No 47115 and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and American Contractors Indemnity Company, as Surety, are held and firmly bound unto the City in the penal SUM of Eighty Nine Thousand Nine Hundred Twenty Six & no/100 Dollars ($ 89,926 00 ) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option 1. Complete the Agreement in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Agreement m 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 CD 5 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 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 01 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, m addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June 12 , 2019 (SEAL) (SEAL) PK Construction American Contractors Indemnity Company 1.- P C tractor) (Sure BY ( e.r. ,2„..,....L. --c,--' ‘4,,,...4_,....-6._.-- - ----- Zhan Paul Kin (Signature) Owner J, austinaignature) Attorney -in -Fact Address 625 The City Dr So, #205 (Seal and Notarial Acknowledgement of Surety) Orange, CA 92868 Telephone ( 714) 740.7000 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l -• > CML .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 Bernardino on.J 4/64— /17," .2-61/ before me, Samuel Luna, Notary Public Date j personally appeared Zj✓4 X/ /1/f Narne(s) of Signer(s) Here insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be th ersor)(sj whose name(a) are s.scribed to the within instrument and acknowledged to me tha hh she/they executed the same in er/their authorized capacity(les), and that by i Ther/their signature,(s) on the instrument the person(s), or the entity upon behalf of which the personVyacted, 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 hanc and official seal Atbc Samuel Luna COMM #2182323 NOTARY PUBLIC CALIFORNIAN SAN BERNARDINO COUNTY My Comm Expires Mar 1 2021 Place Notary Seal Above Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Docymervt/ ] r,J %; ANC Title or Type of Document of -t' -Ji 1-1 l �7G✓� Document Number of Pages Signer(s) Other Than Named Above on/P Date / /3/p / Capacity(les) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing pir,cs • aii` s�.•o.' a spa • a• ¢r a� �aM •�; a•Vae4tiyatan QC-4,Pv ' a•Csa, a, a/ q a, a- y a!4 ay 02014 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800 876-6827) item #5907 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indenmity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively, the Companies '), do by these presents make, constitute and appoint James Faustina of Granada Hills, California its true and lawful Attorney(s) in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******.**************One Million******************** Dollars ($ **1,000,000 00**) This Power of Attorney shall expire without further action on November 3, 2019 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved that -the President any Vice President any Assistant Vice President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) in Fact to represent and act for -ind on behalf of the Company subject to the following provisions- - Attorney in Fact may be given full power and authority for and in the name of and on behalf of the Company to execute, acknowledge and deliver, any and all bonds, recognizances, contracts agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts and any and all notices and documents canceling or terminating the Company s liability thereunder, and any such instruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved that the signature of any authorized officet and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of November, 2016 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE -COMPANY 41511115H1RPCTOR11y(N'` , 11111111111' SEPT. i4, 1496 .'` �. n_ Daniel P Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Los Angeles SS On this 1st day of November 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in lus authorized capacity, and that by his signature on the instrument the person or the entity .upon behalf of which the person acted, executed the mstniment t 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 (Seal) SABINA MORGENS1ElN Commission # 212925B Notary Public California Los Angeles County M Comm Expires Nov 3 2019 I, Kio Lo, Assistant Secretary of American Contractors Indemnity -Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect, furthermore, the resolutions of the Boards of Directors set out in the Power of Attorney are in full force and effect In Witnes Whereof, 1 have h reunto set my hand and i f ed +ht. of said Companies at Los Angeles, California this g6—day of \ • 5 ir_ _ Corporate Seals Bond No ILD1al-ri630 Agency No 7929 Kio Lo, Assistant Secretary LABOR AND MATERIAL BOND Bond No #1001060303 Premium In Performance Bond Whereas, the City Council of the City of Redlands, State of California, and PK Construction (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 June 4 , 2019 and identified as Project No. 47115 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 Laboi 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 alI 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 Eighty Nine Thousand Nina Hundred Twenty Six & na/100 Dollars ($ 89,926 ao) 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 (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 of addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition CD 7 In witness whereof, this instrument has been duly executed by the Principal and surety above named, on June 12 , 201 9 PK Construction (SEAL) Conttor) Zhan Paul King (signature) Owner (SEAL) American Contractors Indemnity Company {Surety BY , ��'� J s Faustt'na(Sig ture) Attorney -in -Fact Address 625 Th City Dr So, #205 (Seal and Notarial Acknowledgement of Surety) Orange, CA 92868 Telephone ( 714) 740 - 7000 CD 8 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 Los Angeles On 6/12/19 before me A. Weiss Faustina, Notary Public (insert name and title of the officer) personally appeared James Faustina who proved to me on the basis of satisfactory evidence to be the person(-sswhose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/thy executed the same in his/her/their authorized capacity.(Je<and that by his/her/their signature(s)-on the instrument the personas.); or the entity upon behalf of which the perso 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 )). (Seal) A WEISS FAUSTINA Commission # 2125958 Notary Public - California n Los Angeles County My "omrn Expires Sep 28, 2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1 189 . c� aG _a.t_s f As — t A a a A. aVRf • w64-A.2/7i-•,aY ¢_M a.V•r•• w c.. ^-• w- _•• .^� 'n a • _� A A. • v yv:,• . 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 OnTi f /3) 7-e0. before me, Samuel Luna, Notary Public Date personally appeared Here insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th erson' whose nem*/&are s .scribed to the within instrument and ackno ged to me that�she/they executed the same in er/their authorized capacity(ies), and that bI�ys/her/their signature(s) 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 Samuel Luna ll COMM #2182323 0 flic9/;NOTARY PUBLIC CALIFORNIAr yy SAN BERNARDLNO COUNTY iV My Camrn Ezpues Mar t 2021 Place Notary Seal Above WITNESS my ha d and official seal n�-- Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Docu t % ���n Title or Type of Document / '�"141Document Date j Number of Pages Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer -- Title(s) ❑ Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other Signer Is Representing Named Above Signer's Name ❑ Corporate Officer --- Title(s) 0 Partner — ❑ Limited 0 General ❑ individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other Signer Is Representing 4 _• 4 . m4�4GR�aS4i=..4�a1b'eS'gt�ri�. 6 t�✓s�c{4L L+L . • rias/ V le 2' ✓9�Y,, a- a.6 a'h�'6 02014 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800 876 6827) Iters 45907 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 Los Angeles } On 6/12/19 before me, A Weiss Faustina, Notary Public (insert name and title of the officer) personally appeared James Faustina who proved to me on the basis of satisfactory evidence to be the person(s)'whose namelcsyis/arc subscribed to the within instrument and acknowledged to me that he/she? Bray executed the same in his/herltheir authorized capacity(tes); and that by hislheritifeir signature{sron the instrument the person(s)or the entity upon behalf of which the person(sricted, 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 , }. -tf, ►k).". (Seal) A WEISS FAUSTINA Commission # 2125958 Notary Public California v Los Angeles County My''omm Expires Sep 28 2019 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint James Faustina of Granada Hills, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred m its name, place and stead, to execute, -acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ********************One Million******************** Dollars (5 **1,000,€100.00**) This Power of Attorney shall expire without further action on November 3,2019 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved that the President any Vice President any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) in Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney in Fact may be given full power and authority for and in the name of and on behalf of the. Company to execute, acknowledge and deliver, any and all bonds recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineenng and construction contracts and any and all notices and documents canceling or terminating the Company s liability thereunder, and any such instruments so executed by any such Attorney in -Fact shall be binding upon the Company as If signed by the President and sealed and effected by the Corporate Secretary Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificaterelating thereto by facsimile, and any power of attorney or certificate bearing -facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it a attached - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this 1st day of November, 2016 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY Corporate Seals _h 1gAGrOR ': R:61VORATED 'E '0 „e ass BURS• =a: +1i11544t1111111111y��i \15511 t+ll„!!! ````��p,y�INGCyi �.mt�`,i 5ssu+an ►+i"•�. amu. By 1 IIn5415`5+ Daniel P Aguilar, Vice Presi ent A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California - County of Los Angeles SS On this I st day of November 2016 before me, Sabina Morgenstein, a notary public, personally appeared Daniel P Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company United States Surety Company and U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) SABINA MORGENSTEIN Commission # 212925 Notary Public California Los Angeles County My Comm Expires Hov 3.2019 1, Kio Lo, Assistant Secretary of Amencan Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and TJ 5 Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Companies, which is still in full force and effect furthermore, the resolutions of the Boards of Directors set out in the Power of Attorney are in full force and effect In Wit ess Whereof, I have 1 e�reunto set my hand and affirett t =o suis of said Companies at Los Angeles, Californians ,l day of Corporate Seals Bond No 1/6, Agency No 7929 Kio Lo, Assistant Secretary