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HomeMy WebLinkAboutContracts & Agreements_100-200PLBLIC WORK CONSTRUCTION CO\TRAC 1' 7 his Public Work Construction contract ("Contract ') is made and entered into this 19th day of May 2020, by and between the City of Redlands, a municipal corporation. organized and existing undet the laws of the State of California (hereinafter 'City' ), and Manhole Adjusting Inc hereinaftei ("Contractor") City and Contractoi are sometimes individually referred to herein as a 'Party' and. together as the `Parties " In consideration of the mutual promises contained herein, City and Contractoi agree as follows 1 SCOPE OF WORK Contractoi shall furnish all materials and will perform all of the work foi the following Citywide Manhole Adjustment to Grade, complete all items as required by the Contract Documents (as herein defined) and Specifications for City s Citywide Manhole Adjustment to Grade, Project No 73427 (the ""Wolk") 2 CONTRACT SUM City shall pay Contractoi the sum two hundred seventy five thousand dollars (S275,000) as consideration foi 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 foi 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 one hundred twenty (120) 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, Contractoi shall pay to City, 01 have withheld from monies due to Contractoi, the sum of five hundred dollars (S500) fot 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 Contractoi that five hundred dollars (5500) 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 Contractoi if such delay occurs 5 CONTRACT DOCUMENTS This Contract incorporates by reference the following \otice Inviting Bids. Instructions to Bidders, Contracto€'s Proposal, Bid Bond, Agreement Performance, Laboi 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 of 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 RESOLLTION OF CONS [RUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars (5375,000) of less shall be made by Contractoi and processed by the City pursuant to the provisions of Part 3. Chapte€ 1, Article 1 5 of the Public Contract Code (commencing with Section 20104) All claims shall be in wilting and include the 1 I ca.dim Agreenienss'MailiolL Adlusima Inc Contract P14 1 doc in documents necessary to substantiate the clan». Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit of supersede the notice requirements provided in this case from filing 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 Labot 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 01 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, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision 01 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 Contractoi L Aca'\aim \Agreements Manhole Adausti ,n hi Contract PW 3 1 doc }n IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: nne Donaldson, City Clerk City of Redlands By Paul W Foster, Mayor Manhole Ad Name of Contra (SEAL) nc. By Signature . thorized Agent President Title Signature of Authorized Agent (if necessary) Title 398443 Contractor's License No 3 L ca\.djm,Agreements'Manhoie Adjusting Inc Contract.PW 3 1,doe jn WORKER'S COMM ENSATIO\ I\SLRA\CE CERfIFICATIO\ Description of Contract City of Redlands Municipal Utilities & Engineering Department Citywide Sewci Manhole Adjustment to Grade Project No 73427 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 01 moi -e insurers duly authoi ized to wt rte compensation insurance in this State b By securing from the Dtrectot of Industrial Relations, a certificate of consent to self - insure, either as an individual employe', or as one employee in a group of employers, which may be given upon furnishing proof satisfactory to the Directot of Indust" 'al Relations of ability to self -insure and to pay any compensation that may become due to his or het employees CHECK ONE X I am aware of the provisions of Section 3700 of the Laboi Code which requires every employe' 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 01 permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required of 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 uncle' penalty of perjury under the laws of the State of Caltfornt . at the information and representations made in this certificate are true and correct Dated this 12th day of May , 2020 Manl (SEAL) istino In tra tor) gnature) resident Official Title) (Laboi Code Section 1861 provides that the above certificate must be signed and filed by the Contractoi with the Ownei prnoi to performing the work of the contract ) 4 l ca d!m'Agreements. Manhole Adlustnf. lnc Contrac PW 3 I doc.in EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND Bond No 9340250 Premium $1,886 00 Whereas, the City of Redlands ("City"), State of California, and Manhole Adjusting, Inc (hereinafter designated as "Principal") have entered into an agreement dated May 19, 2020 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Citywide Sewer Manhole Adjustment to Grade, Project No 73427 and is hereby referred to and made a part hereof, and Whereas, said Pi incipal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Pi incipal and, Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City in the penal sum of two hundred seventy five thousand dollars ($275,000) 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, executois, administrators, successors 0r assigns, shall in all things stand to and abide by, and well and tiuly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein piovided, on his 01 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 mateiials 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) year 01 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 01 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 thereundei, the Surety shall promptly remedy the default, 01 shall promptly, at the City's option 1 Complete the Work in accordance with its terms and conditions, 01 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 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 pi ice, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the 5 L lealdpnlAgreements\Manhole Adjusting Inc Contract.PW 3 1 docjn 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 May 12 , 2020 Manhole ling Inc An(Contra. John Co • an ]gnature (SEAL) President (Seal and Notarial Acknowledgment of Surety) L Ica\djm\Agreements\Manhote Adjusting Inc Contract.PW 3 1,doc in (SEAL) Fidelity and Deposit Company of Maryland (Suret BY .0 4 ►C t� Jeri • sdaca tgnaturr) Attorney -in -Fact Address 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Telephone ( 213 ) 270-0714 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 R,C T w! T. .w! T n ,w . .t. we rot _fist t.; . t n[ s.0 s.. s:t s�� ..[, u;t/stf•AC yam. of/a�f n .rr.f/a�Nee.G wt�v.NAt ,r:6.,nt TYa�! wN 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 MAY 1 2 2020 before me, Rhonda Carlyn Abel, Notary Public Date personally appeared Here insert Name and Title of the Officer Jeri Apodaca Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/are subscribed to the within instrument and acknowledged to me that titifsheft041 executed the same in Mt/her/MU authorized capacity(i>as), and that by Who—Abet signature(} on the instrument the person(R), or the entity upon behalf of which the person(st acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct kHONDACARLYNABEL '�} Nut:1,y Pu'.) is - Ca'Jurna 'Yc, 2222050 • y My Gomm Fxu.ros Ceu'4 2421 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary blic 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 Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(tes) Claimed by Signer(s) Signer's Name. Signer's Name Corporate Officer — Title(s). Partner — Limited General Partner — Limited General Individual X Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other Other Signer Is Representing Signer Is Representing Corporate Officer — Title(s) r r r r M N r N d r r Si r r• • r 02014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1 800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public 01 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 acctuacv of validity of that document State of California County of Los Angeles On May 13, 2020 Date personally appeared } before ane, Jennifer Kim Tan, Notary Public, ind Title of the Officei John Corcoran, z JENNIFER KIM TAN f 'G Notary Public California Los Angeles County y Commission If 2301719 My Comm Expires Sep 13 2023 1 P€ace Nen v Sm Abe e \ame(s) of Scgaer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(s) islaic subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he-Oheil authorized capacity f ies), and that by his/he te*i- signature(s) on the instrument the person(s), 01 the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY undei the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal , m OP' ZONAL Signature o` Votary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Faithful Performance Bond Document Date May 12, 2020 Signers) other than named above Capacity(ies) Claimed by Signer(s) Signer s Name \umber of Pages ❑ Individual El Corporate Officer Tttle(s) President ❑ Partner E Limited ❑ General ❑ Attorney in Fact ❑ Trustee E Guardian or Conseryttor ❑ Other impKuplimpfwg Signer is representing Manhole Adjusting Inc Tap a' ,h.:mb here Signer s Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner ❑ Limned ❑ Gcnertl ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other GOF IGV Signer is representing Taa 0. r%..TD ^eye ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. do hereby nominate, constitute, and appoint James A SCHALLER, Heather SALTARELLI, Mike PARIZINO, Rachelle RHEAULT, Rhonda C ABEL, Kim LUU, Reece Joel DIAZ, Jeri APODACA, all of Newport Beach, California, its true and lawful agent and Attorney in -Fact to make execute, seal and deliver, for, and on its behalf as surety, and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland , in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8 of the By Laws of said Companies, and is now in force IN WITNESS WHEREOF the said Vice President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of December, A D 2019 ATTEST ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Robert D Murray Vice President 04.}fit t;11 %2b' >•-�� By Dawn E Brown Secretary State of Maryland County of Baltimore On this 5th day of December, A D 2019, before the subscriber, a Notary Public of the State of Maryland duly commissioned and qualified Robert D Murray, Vice President and Dawn E Brown, Sceretarg of the Companies to me personally known to be the individuals and officers described in and who executed the preceding instrument and acknowledged the execution of same and being by me duly sworn deposeth and saith that he/she is the said officer of the Company aforesaid and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written Constance A Dunn Notary Public My Commission Expires July 9, 2023 EXTRACT FROM BY LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may by written instrument under the attested corporate seal, appoint attorneys in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company and may authorize any officer or any such attorney -in fact to affix the corporate seal thereto and may with or without cause modify of revoke any such appointment or authority at any time " CERTIFICATE I, the undersigned Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that Article V Section 8, of the By Laws of the Companies is still in force This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company " This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990 RESOLVED 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed this IN TESTIMONY WI -11 11 1 OFA 1 h ve eereunto subscribed my name and affixed the corporate seals of the said Companies, dayof j IPI d. & ca"'"sty 9[IOSi_„�i im O By Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www reportsfclaims,,zurichna com 800-626-4577 EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND Bond No 9340250 Premium is Included in Performance Bond Whereas, the City Council of the City of Redlands, State of California, and Manhole Adjusting, Inc (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 May 19, 2020, and identified as Citywide Sewer Manhole Adjustment to Grade, Project No 73427 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 two hundred seventy five thousand dollars ($275,000) 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 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 above named, on Ma 12 (SEAL) Manhole Ad has been duly executed by the Principal and surety , 2020 Inc (Co ractor) John Cor ran Signature) President (Seal and Notarial Acknowledgement of Surety) 7 L 1ca\djm\Agreements\Manhoie Adjusting Inc Contract.PW 3 1 doc.jn (SEAL) Fidelity and Deposit Company of Maryland (Surety BY � . Jen Apsa ' ignatur ) Attorney -in -Fact Address 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Telephone ( 213) 270-0714 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 rw ..Nw wow INA ilk we w ..r i. re 7, In w..wt w<.w..t a. t't,, ,. ::e,.., t... a is e r .e .:t s�ntib., v e r c rs a ,, r..• r. e wY 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 MAY 12 2020 before me, Rhonda Carlyn Abel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeri Apodaca Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(a) is/are subscribed to the within instrument and acknowledged to me that ttalshe/aliq executed the same in Mt/her/tit authorized capacity(is), and that by Lva/herithetr signature(s) on the instrument the person(}, or the entity upon behalf of which the person(* acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f2HUN0A CARLYN ABEL "a Int NoLrry P,i'ilic CaIfarma 4Dran Ir Cnra;ty r ';o r C„ r:,RI.55.(3r1 7 222soeo tly CUrr.,1 cxP.:;; Doc. 14 2071 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary ublic 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 Document Title or Type of Document Document Date Number of Pages Signers) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer -- Title(s) Partner -- Limited - General Individual X Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing > Signer's Narne Corporate Officer — Title(s). Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing 11. M M M N N r M- N M Y Y a! M V M or W iv 4v ihr✓ ©2014 National Notary Association • www NationalNotary.org • 1 800 US NOTARY (1-800 876-6827) Item #5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A natal-) public or other office[ c,ompleung this certificate verifies only the idLnttt} of the individual nvho signed the document to which this certificate is attached and not the truthfulness accuracy or valtdlt} of that dotumcnt State of California County of Los Angeles On May 13, 2020 Date peisonally appeared } before me, Jennifer Kim Fan, Notary Public, arae and Title of thy. Officer John Corcoran, JENNIFER KIM TAN Notary Public California Los Angeles County Commission # 2301719 My Comm Expires Sep 13 2023 Pla.e xoiary Seal Above Name(s) of Signer(s) who proved to the on the basis of satisfactory evidence to be the persons) whose naive{ -s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theft authorized capacity(ies), and that by his/hei/thy signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument 1 certify under PENALTY OF PERJURY undei the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal OPTIONAL Sic^azure o°"Dray Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Deset tption of Attached Document Title or 1 vet_ of Document Labor and Material Bond Document Date May 12, 2020 Signcr(s) other than named above Capacity(ies) Claimed by Signer(s) Signer s \ame ❑ individual ❑ Corporate Officer Title(s) President NumbLr of Pages ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is representing Manhole Adjusting Inc Topa bnoe Signer s \ante ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney m fact ❑ Trustee ❑ Guardian or Conservator ❑ Other ''''''1,00§.101#841.1111 I Signer is reprLsentma Tap c' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D Murray, Vice President, in pursuance of authority granted by Article V Section 8 of the By Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate constitute and appoint James A SCHALLER, Heather SALTARELLI, Mike I'ARIZINO, Rachelle RHEAULT, Rhonda C ABEL, Kim LUU, Reece Joel DIAZ, Jeri APODACA, all of Newport Beach, California, its true and lawful agent and Attorney in Fact to make execute, seal and deliver, for, and on its behalf as surety, and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By Laws of said Companies. and is now in force IN WITNESS WHEREOF the said Vice President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of December, A D 2019 „a,reaey, 44vf�`dRm6Al�pS 14 i t .: uR me 4fh.�s'MOe ATTEST ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Robert D Murray Vice President ik."/- �f, r.'d•7L. l rte) U(,'Gr )�.,_. By Dawn E Brown Secretary State of Maryland County of Baltimore On this 5th day of December, A.D 2019 before the subscriber a Notary Public of the State of Maryland duly commissioned and qualified Robert D Murray, Vice President and Dawn E Brown, Secretary of the Companies to me personally known to be the individuals and officers described in and who executed the preceding instrument and acknowledged the execution of same and being by me duly sworn deposeth and saith that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seal the da)and year first above written J71Ee 111i� Constance A Dunn Notary Public My Commission Expires July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys in Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys in -fact with authority to execute bonds policies recognizances, stipulations, undertakings, or other like instruments on behalf of the Company and may authorize any officer or any such attorney in -fact to affix the corporate seal thereto and may with or without cause modify of revoke any such appointment or authority at any time " CERTIFICATE 1, the undersigned Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN=INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company " This Power of Attorney and Certificate may be signed b5 facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 RESOLVED 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed this IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seals of the said Companies, day of MAY 1 2 2020_ nc By Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www reportsfclaims@zurichna.com zurichna.com 800-626-4577