HomeMy WebLinkAboutContracts & Agreements_239-2013_CCv0001.pdf PUBLIC WORKS PROJECT CONSTRUCTION CONTRACT
`I'lus Public Works Project Construction contract ("Contract") is made and entered into this 3'1
day of December,2013, by and between the City of Redlands. a municipal corluvation organized
Wid existing under the haw's of the State of(.'allfornla (Itercinaticr "City"), and RPC 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 Contractor agree as follows:
I. SCOPE OF WORK: Contractor shall furnish all materials and perforin all of the work
for the following: Entry Steps and Landing at Heritage Park Project, complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's
EKrRY AINID IAVANki PARK PROJECT oli,,
"Work").
2. THE CONTWkCT SUM- City shall pay Contractor the sum of 528,100.00 as
consideration for its performance of the Work in accordance with the terms and
conditions set forth in the Contract Documents. Pursuant tea 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
agycernent as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: I'he Work shall be completed within Ninety (90)
calendar days from and after the date of the delivery to Contractor of a written Notice to
1"rocced by City.
4. LIQUIDATED DAMAGES: C0utTaCt0r*S failure to complete thAc work within the time
allowed will result in damages heing sustained by City. Such darnages are. and will
continue to be, impracticable and extremely difficult to) determine. Accordingly.
Contractor shall pay to City. or have withheld frorn nionies due to Contractor. the sura, o't'
rive hundred dollars (S51ii)) 1*(,)r each conSeCl.ftike calendar(Jay in excess of the specified
time for completion of Work.
Execution of the Contract ,hall constilkne agreement by City and Contractor that five
hundred dollars ($500) per (jay ;s t1jo: caused by the failure of
the Contractor to complete the Wcirk 'within the allowed time, SUCh SUM is for liquidated
damages and shall not be as a penalty, and may be deducted from payments
due Contractor if such delay occurs,
5. CONTRAc r DOCUIME NTS: This Contract includes all ofthe Contract Documents set
forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Agreement,
Performance Bond (Exhibit -A-), Labor and \4aterial Bond (Exhibit -B") General
Conditions, Sec-1 Condit t RMs, ",41ccid FrOvisions, and awy ijddenda thtcreto- All
required Bonding must be submitted to tile itV within fi�,,e 0) calendar days of
execution of this Contract,
6. A'rFORNEYS' FEES: In the event any action is coninienced to enforce of interpret tile
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 ofin-house counsel by as Party.
7. RESOLUTION OF(_'ONS1'RUCI'ION CLAIMS: Claims by Contractor in the amount
of S375,000 or less shall he 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 he in writing and include the documents necessary
to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section
201041 shall extend the time limit or supersede the notice requirements provided in this
cLlse fron-1 fifiogclailn"s by Contrado".
8. ELIGIBILITY OF ("ON'I'RA(:I'OR/SI.IB('ON'FRA(,"l'OR: Contractor and all of its
subcontractors shall abide bv California Public Conti-act Code Section 6109, anti
California Labor Code Sections 1177.1 andlor 1777.7, and certify that they are not
debarred and arc eligible to perform the Work.
9. ASSIGNMENT OF AGREEINIENT: No assignment by at Party of any nights or interests
underdais Contract shall be binding on another party without the written consent ofthe
Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor cach binds it wl r
s f and flat
re-spective successors and assigns in respect to all covenants, a9rcenients, 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 deeined stricken, and all remaining
provisions shall continue toy be Valid Mid birldin-0 upon City anti Contractor,
IN WFUNESS WHEREOF, the paiiies hereto lla%e executed this Agreement the clay and Ncear first
written above-.
City of ltec.Ilands
By
Pete Aguil C
,im Irwin tE i y C erk-
Hattie oI'Contractor — ---��
� tt tturc f 1 tborizcd Agent
c
Title _
Si n ure of ALIthorir�.c.I Agent (i accessary -0_ .
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Cc, ntr£et€pr's i is en
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Executed in Triplicate Bond# 1000964748
Premium: $846.00
Premium subject to
change based on final
contract price
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, andR P C Construction,inc.(hereinafter
designated as "Principal") have entered into an agreement dated 12/3 .2013 ("Agreement") whereby
Principal agrees to install and complete certain public improvements(the"Work"),which said Agreement
is identified as ENTRY STEPS AND LANDING AT HERITAGE PARK, PROJECT NO.
P100413,and is hereby referred to and made a part hereof;and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the
American Contractors
faithful performance of the Agreement,now,therefore,we,the Principal and indemnity Cavapany
as Surety, are held and firmly bound unto the City in the penal sum of
twenty-eig thousand two hundred and oo/loo_ Dollars ($ 28,200.00 ) 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 therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees,
incurred by the City in successfully enforcing such obligations,all to be taxed as costs and included in the
judgment rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above obligation
shall hold good for a period of one(1)year or longer if required by the Agreement after the acceptance of
the work by the City,during which time if the Principal shall fail to make full,complete,and satisfactory
repair and replacements and totally protect the City from loss or damage made evident during this period
from the date of completion of the Work, and resulting from or caused by defective materials or faulty
workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The
obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement the City having performed the City obligations thereunder,the Surety shall promptly remedy
the default,or shall promptly,at the City's option:
1. Complete the Agreement in accordance with its terms and conditions,or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsive and responsible
bidder, arrange for a contract between such bidder and the City, and make available as
work progresses sufficient funds to pay the cost of completion of the Work less the
balance of the Agreement price,but not exceeding,including other costs and damages for
which Surety may be liable hereunder,the amount set forth above.The term"balance of
CD 5
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 fiwffier 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.
The Surety 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.
In witness whereof, this instrument has been duly executed by the Principal and Surety above
named,on December 17th 2013 .
CD 6
State of California y CALIFORNIA ALL-PURPOSE
i County of o= �B - -_ ) CERTIFICATE OF ACKNOWLEDGMENT
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On 12/17/2013 before me, 1!s. Barreras. _HptA;y Pal i.C--�- _
(here nsrit name and title o'The officers
personally appeared Khoi-Tran
i who proved to me on the basis of satisfactory evidence to be the person0Q whose name(Id is/ADD subscribed to
the within instrument and acknowledged to me that he/> M executed the same in hisMKilfM
authorized capacitygW), and that by hisdMt61k}it signature00 on the instrument the person(%, or the entity
upon behalf of which the personQQ acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Cal ifomia that the foregoing paragraph is true and correct. M. eARRERAS
l Commission 0 2046246
I ti Pubstt .Caslfornis z
WITNESS my hand and official seal. NotaryOrange County
Pt Comm. Expires Nov 5.2017
Signature
(Seal)
❑PT IONAL INFORMATION
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Description of Attached Document
The pre cedinct Certificate of Acknowledgment is attached to a document Method o(signer IdenifFication
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tilled/for the purpose of Bond No. 1000964748 fs wd tri me on the basis of WiJac'viy evrderwe:
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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 Maryland
corporation and U.S. Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make, -
constitute and appoint:
Paul S.Dito,Ariel T.Heredia,Khoi Tran,Maricela Lares,or Angela Kim of Orange,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 *****Three Million***** Dollars (S **3,000,000.00** ).
This Power of Attorney shall expire without further action on December 08,2016.This Power of Attorney is graned 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
tower 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 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 seated 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 attomey or any certificate relating
thereto by facsimile,and any power of attomey or certificate bearing facsimile signature or facsimile seal shalt 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
I Oth day of December,2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
°o�., -.y''. ,°�.�rc �Tt'-'. �.�6.- _�^ory �••O�vnsus�.?,,
ec«r.Mtwo <g
Daniel P.Aguilar,Vice Pressi ent
State of California
County of Los Angeles SS:
On 10th day of December,2012,before me,Vanessa Wright,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(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.
Y WpONT
Licn♦t�Mlgft#
Signature (Seal) ow�y Pda
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1, Jeannie Lee, 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 Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 17TH day
Of_ IECEMBER ,2013
Corporate Seals su ,,.,,o;NGo,,,
AIL
SEV1]!.1lBO :<_ cW', .q� =r-:
Bond No. 10p096474g =y '# `' �'skJeannie Lee,Vsistant Secretary
Agency No. 9 -- . FQR . ..
007
Bond#1000964748
Executed in Triplicate Premium: Included with
performance bond
LABOR AND MATERIAL BOND
Whereas,the City Council of the City of Redlands,State of California,and R P C Construction, Inc.
(hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements, which said agreement,
dated December 3rd, —2013, and identified as ENTRY STEPS AND LANDING AT HERITAGE
PAIM PROJECT NO.P100413 is hereby referred to and made a part hereof;and
Whereas,under the terms of said agreement, Principal is required before entering upon the performance
of the work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 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 of Redlands and all contractors, subcontractors, laborers, material men and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the SUM of twenty-eight thousand two hundred and 00/100 Dollars($ 28,200.00 )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 attorney's fees, incurred by the City of
Redlands 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 15 (commencing with Section
3082)of Part 4 of Division 3 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 said 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 marred, on
December 17th, 2013.
(SEAL) (SEAL)
R P C Construction, Inc. American Contractors Indemnity Company
(Contractor) ,7 (Surety)
BY: 1_41?11�
(Signature) Khoi Tran,Attorney-In-Fact(Signature)
Address: 625 The City Drive South,Ste 130
Orange,CA 92868
(Seal and Notarial Acknowledgment of Surety) Telephone( 714 ) 740-7000
CD 7
State of California CALIFORNIA ALL-PURPOSE
County of orange } CERTIFICATE OF ACKNOWLEDGMENT
On 12/1712013 before me, N. Ba.rrerait,__N.9t.ar Public .-
thew,n+rn name arid tit l,•u iter orfr;.e r I
personally appeared Khoi Tran �� e
who proved to me on the basis of satisfactory evidence to be the personOO whose name(10 is/Xie subscribed to
the within instrument and acknowledged to me that he/XbBNW executed the same in hisA mmm
authorized capacitylc), and that by hisZUftX 5ignatureDA on the instrument the person00, or the entity
upon behalf of which the personCQ acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
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State of California that the foregoing paragraph is true and correct. CommissiM e onREll AS
on 0 2 820
t w Notary Public •Calfiornia z
WITNESS my hand and official seal. ; orange County
Comm.f tree Nov 5,2017
Signature
(Seal)
OPTIONAL INFORMATION
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r7r kno�wletit}mnnt to on unaurhori-rtl document and may prove useful to perwns reVrrg on the artar•hed dor.ument.
Description of Attached Document
f ht•f)rv(erung Certificate of Acknowledgment is attached to a cocument Method of Signer identification
ruled"for the put pose of Bond No. 1400964748 Piow-cr to me on etre bases 4 e,;rJrn,-e
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6 Copyright NX?Notary Rotary,Inc,925 79th St;Des MWnes,IA 50312-3632 rwrn AC903, 7=? :o!e-orMi,call to VWO f-617349.65M orvisit us on the Internet at httpWwww_rrotaryrotary com
POWER OF ATTORNEY
AMERICA!,CONTRACTORS INDF.MNrTY CompANY TFxAs BONjmNG ComrAti'V
UNITF,D STATES SURETY COMPANY U.S.SPMALTY 1NSi1RANCF COMPANY
KNOW ALL MEN 13Y THESF 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 Maryland
corptxation and U.S.Specialty Insurance Company,a Texas corporation[collectively,the"Companies'),do by these presents make,
constitute and appoint:
Paul S.pito,Ariel T.Heredia,Khoi Tran,Markets Loan or Angela Kim of Orange.California
its true and lawful Attorneys)-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,recognt>uloce%undertakings
or other instruments or contracts of suretyship to include riders,amendments,and consents of surety, providing the bond
penalty does not exceed *****Three Million••••• Dollars [S_ "3.O.0130•00" )
This Power of Attorney shall expire without fiuther action on December 08,2016.This Power of Attorney is graned under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Ih it Rrxahr t that the Pmkknt,art Vice-Presidern,env Assinam Vice-PrrsideM aro Scxminty iw any Assistant Sm-rotar)shrill be and is hcrrb►vcsted with full
pawn and mufarity to appoint any one or mare vuitabfe persotrs av Auorrrey'(s)4n•Fatct to mprracat and act for and an bchatf ol'the Oxnpany Subic%%to ft.folluaing
pun isionv-
.fm rn ry�in/uC1 may hC given fun power and authority for and in the narm of aril on behalrof the Cxxnpany.to execute,ackMMkdgc and deliver.arty and all bon&.
ft%'oP"FXWM Contracts, Aprectnertts or indemnity avid other conditional or obligabory urxknakings, including anv and all corse s for the release of retained
prrccmages 2nd'or final estimates on e4neving and c+onstrucitan Contracw and any and all noacts and docmnents canceling on'Ivmminating the['ornapant 's liaNli*
therrtmakr,and troy such iwtnmrerns so rxteuoed tar any such Ati,wnLy 4rk-FFact shall he banding uQnn:!x Company as if signed h}the Presickm and sealed and ci fecled
fry the corporate 5armtar►-
Ar 0 ftes(httll that the sip azure of atm atuharieud officer and seal of the Company herciaforc or hen atter affixed to am power orauamey or any certificate miming
thereto by facsimile,and an)pLmvv or suorney or certificate hearing facsimile signalu m or facsimile seal shall he valid and binding upon the['utnpany with respect to
any!acid or undertaking ua whwh it is attached.
1N WITNESS WI IJ:REOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
101h day of December,2012.
AMERWAN CONTRACTORS JNDFMNITY COMPANY TsxA_s BoNmNIG COMPANY
Cogwate Seals UNFTF.11 STATES St1RF Y COMPANY U.S.SPECIALTY INSURANCE COMPANY
��Ru-aye 1�sWl�' •o.,nti�r•I' i"'.-+M1
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f'` Daniel P.Aguilar,Vice Pres ent
State of California
County of Los Angeles SS:
On loth day of December.2012,before me,Vanessa Wright,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 ackn(m-ledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s),or the entity upon behalf of which the person(s)acted.executed the instrument.
I certify under PENALTY 01: PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
k
caramnaa a law's
Signature 1ttf- -, - (Seel) FR
ar
cam as an 1,ton
I. Jeannie Lee, 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 stilt in full force and clTeo.furthermore.the resolutions of the Boards of Directors.
ut out in the Power of Attorney are in full force and effect.
In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles.California this day
of DECEMBER 2013
Corporate Seals t'�.;a*off Aro*w. '�Hce
Bond No,
W• ' '. ►'s`A .Jeannie l.ee ist nt Secretary
Agcncy No. 9007