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HomeMy WebLinkAboutContracts & Agreements_139-2019PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 16th day of July, 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 Three Peaks Corporation hereinafter ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows 1 SCOPE OF WORK Contractor shall furnish all materials and will perform all of the work for the following Purchase and Installation of Black, Imperial D 1" Picket Fencing, two gates and PCC Mow curb, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Skatepark Fencing Project (the "Work") 2 CONTRACT SUM: City shall pay Contractor the sum of One Hundred Forty Seven Thousand Seven Hundred Ninety Six dollars ($147,796) as consideration for its performance of the Work m 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 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 witlmi Thirty calendar days (30) 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, Agreement Performance, Labor and Material 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 othei 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 Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractoi 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 L lealdatnlAareements\Three Peaks Coiporation PW Contract Skatepark Fencing ctocx 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 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/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9. ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agieetnents, 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 L lcaldtrnlAgreements\Three Peaks Corporation PW Contract Skatepar-k Fencing docx IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: e Donaldson, City Clerk City of Redlands B Paul W Foster, Mayor (SEAL) Three Peaks Corp Name of Contractor By Signa e f Authorized Agent President Title Signature of Authorized Agent (if necessary) Title Contractor's License No L Ica\dim\Agreements\Three Peaks Corporation PW Contract Skatepark Fencntg.docx WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract. City of Redlands Facilities & Community Services Department Q0L05202019KG Redlands Skatepark Fencing Project 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 m 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 x 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 m 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 mformation and representations made in this certificate are true and correct Dated this 16th day of July , 2019 (SEAL) Three Peaks Corp itractor) (Signature) President (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 ) L lealdjmlAgreements\Three Peaks Corporation PW Contract Skatepark Fencing.docx Executed in Duplicate FAITHFUL PERFORMANCE BOND Bond No 366920P Premium $2 128 00 Premium subject to adjustment based on Final Contract Price Whereas, the City of Redlands ("City"), State of California, and Three Peaks Corporation (hereinafter designated as "Principal") have entered into an agreement dated July 16, 2019 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Redlands Skatepaik Fencing Project — QOL05202019KG and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to furnish a bond foi the faithful performance of the Work, now, therefore, we, the Principal and, Developers Surety and Indemnity Company , as Surety, are held and firmly bound unto the City in the penal sum Of One Forty Seven Thousand Seven Hundred Ninety S!x and 00!100 dollars ($ 147,796 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 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 then true intent and meaning, and shall faithfully fulfill the one -yea' 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 foi a period of one (1) year or longei if required by the Agreement aftei the acceptance of the woik 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 mate' ials 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, or 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 felt completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages foi which Surety may be liable hereunder, the L 1ealdtm\Agreements\Three Peaks Corporation PW Contract Skatepark Fencing doex 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 July 15 , 2019 (SEAL) (SEAL) Three Peaks Corp. Developers Surety and Indemnity Company (Contractor) ( Surety) BY. NV -- Erik Si o ature President Si ( gn ) (Signature) Mana Guise, Attorney in Fact Address 500 S Kraemer Blvd , Suite 300, Brea, CA 92821 (Seal and Notarial Acknowledgment of Telephone ( 714 ) 784 5660 Surety) L 1caldimlAgreements\Three Peaks Corporation PW Contract Skatepark Feneing.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 Orange On JUL 1 5 2019 before me Lekim FI Luu, Notary Public , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s) of Signer(s) Wit., T. who proved to me on the basis of satisfactory evidence to be the person(I Ij whose nameW isltiN subscribed to the within instrument and acknowledged to me that Yi /shelf 1 I executed the same in 1MWherljif rye authorized capacity(] /}, and that by fa/her/Me signatureK) on the instrument the J person(J) or the entity upon behalf of which the person(h LEKIM H LUU acted, executed the instrument Commission # 2135634 _' • P _ ., Notary, unlit California n I certify under PENALTY OF PERJURY under the laws of , .: O Orange Coup , the State of California that the foregoing paragraph is true _: My Comm Expires Dec 3, 2019T and correct ; v,-- � r -;mac, - Witness my hand an official seal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by taw it may prove valuable to persons re/prig 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(les) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ■ Individual • Corporate Officer—Title(s) • Corporate Officer —Title(s) ■ Partner • Limited • General ❑ Partner ❑ Limited • General g Attorney in Fact • Trustee RIGHT THUMBPRINT • Attorney in Fact OF SIGNER • Trustee RIGHT THUMBPRINT OF SIGNER • Guardian or Conservator • Other Top of thumb here • Guardian or Conservator ❑ Other Top of thumb here Signer is Representing Surety Company Signer is Representing 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. * James A Schaller Jeri Apodaca Rhonda C Abel, Kim Luu, Rochelle Rheault Nanette Myers Mike Par€zino Maria Guise 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 Attorney(s)-ln 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 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 lst 2008 RESOLVED that a combination of any two of the Chairman of the Board, the President, Executive Vice -President Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney qualifying the attorney(s) named in 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 certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which Itis 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 this January 29, 2015 • � 1 By By Daniel Young Senior Vice President Mark Lansdon, Vice -President State of California County of Orange "AND /4,0 (co co /r?'��OCT o �1 p,\ 1936 /0 /0wA (Q�,PANYox, C)Idv0'0,9O40 OCT 5 cr▪ '048 t1 1967 x • '4/fi-TrQ� 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 On January 29, 2015 personally appeared Date before me Lucille Raymond, Notary Public Here Insert Name and Title of the 0Cca Daniel Young and Mark Lansdon LUCILLE RAYMOND Commission # 20B1945 Notary Public California TitOrange County My Comm EVres Oct 1.1_20_14 Place Notary Seal Above Name(s) of Signer(s) 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 he/she/they executed the same in hislher/heir authorized capacity{les) and that by his/her/their 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 Signature CERTIFICATE Luclll y and Notary Public q44/7V14-4 The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate is executed in the City of Irene, California, this By Cassie J. rrisford Assistant Seg -tary ID 1380(Rev,01115) 15th day of July 2019 Executed in Duplicate Bond No 366920P Premium Included in the Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Three Peaks Corporation (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated July 16, 2019, and identified as Redlands Skatepark Fencing Project Q0L05202019KG is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one Hundred Forty Seven dollars ($147 795.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered Thousand Seven Hundred Ninety Six and 00/100 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 July 15 , 2019 (SEAL) Three Peaks Corp (SEAL) Developers Surety and Indemnity Company (Contractor) BY Erik Simnfon President (Signature) (Seal and Notarial Acknowledgement of Surety) (Surety) Maria Guise, Attorney -in -Fact (Signature) Address 500 S Kraemer Blvd. Suite 300, Brea,CA 92821 Telephone ( 714 )784 5660 L 1caldjmlAgreements\Three Peaks Corporation PW Contract Skatepark Fencing.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 Orange J } On JUL 1 5 2019 before me, Lekim H Luu Notary Public , Notary Public, Date insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(10 whose name(,) is/ft subscribed to the within instrument and acknowledged to me that YY#/she/Yiij executed the same in lig/her/WO/ authorized capacity(j+'1}, and that by ?i6/her/OYMY signature on the instrument the the behalf personal} or entity upon of which the person( 4 ILEKIM H LUU acted, executed the instrument Commission # 2135634 z Notary Public California I certify under PENALTY OF PERJURY under the laws of "`' Orange County the State of California that the foregoing paragraph is true �4y Comm Expires Dec 3 2G , and correct Witness my hand a official seal Signature Place Notary Seal Above Signature of Notary 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 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(les) Claimed by Signer(s) Signer's Name Signers Name • Individual • Individual • Corporate Officer Title(s) ■ Corporate Officer—Title(s) ■ Partner • Limited ■ General ■ Partner ❑ Limited ■ General I? Attorney in Fact • Trustee RIGHT THUMBPRINT • Attorney in Fact OF SIGNER • Trustee RIGHT THUMBPRINT OF SIGNER • Guardian or Conservator ❑ Other Top of thumb here • Guardian or Conservator • Other Top of thumb here Signer is Representing Surety Company Signer is Representing 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 appornt * *James A Schaller Jen Apodaca Rhonda C Abel Kim Luu Rachelle Rheault Nanette Myers, Mike Panzrno, Marla Guise, Iorntly or severally * as their true and lawful Attorney(s)-m 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 Attorney(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 resolubons 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 attorney(s) named in the Power of Attorney to execute on behalf of the corporations bonds undertakings and contracts of suretyship and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is authorized 10 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 certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond undertaking or contract of suretyship to which it Is attached IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respectivve officers and attested by their respective Secretary orAssistant Secretary this January 29 2015 By C j Daniel Young, Senior Vice -President By Mark Lansdon,Vice President State of California County of Orange rco co Lu 0 AND /, OCT 10 1936 /OWN 0 0 egAN Y Y0_ 4576'31,130O \ Ft: t ' OCT 5 0 Cif_ 0 ua 1987 4/F0Fkj`-\'r 4' 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 On January 29, 2015 personally appeared Date before me, Lucille Raymond, Notary Public Hare Insert Name and Tine of the Officer Daniel Young and Mark Lansdon LUCILLE RAYMOND • 'YV Commission # 2081945 1 z a Notary Public California z stye'vOrange County , My Comm Ex�res Oct 132018 Place Notary Seal Above Name(e) of Signer(s) who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/lies) and that by his/her/their 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 Signature CERTIFICATE Lucill y ond, Notary Public 64/7114thl The undersigned as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked ano 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 oc this Certificate By This Certificate is executed in the City of Irvine California this Cassie J rrisford, Assistant Se i•tary ID 1380(Rev.01115) 15th day of July 2019