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HomeMy WebLinkAboutContracts & Agreements_182-2015_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 150' day of September, 2015, by and between the City of Redlands, a municipal corporation, organized and existing under the Iaws of the State of California (hereinafter "City"), and DBX, Inc. 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: Installation of new traffic signal cabinet for Barton Road and Terracina Boulevard, complete, as required by the Contract Documents (as herein defined) and Specifications for City's Traffic Signal Cabinet at Barton Road and Terracina Boulevard (the"Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of Forty Two Thousand Eight Hundred Thirty Five Dollars($42,835)as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within Ninety days (90) calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, 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 other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Any claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1,Article 1.5 of the Public 1Aca1djm\Agreenients\DBX Public Works Contract 9.1.15.doc Contracts Code(commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided for the filing of claims by Contractor. S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to perform the Work. 9. ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights or interests under this Contract shall be binding on the City without the prior written consent of the City. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract Documents held to be void 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. IAca\djmlAgreementslDBX Public works Contract 9.I.I5.doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. City of Redlands (SEAL) By: Foster,Mayor ATTEST: Sam rwin, C' CIe k (SEAL) DBX,Inc. By." o!' Si nature of Authorized Ag nt Vi(-,- Prpgident Title Signature of Authorized Agent(if necessary) Title 240547 Contractor's License No. 1:\ca\djm\Agreements\DBX Public Works Contract 9.1.15.doe I 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 Riverside ) On A)-2)115 before me, Phyllissa Martz, Notary Public Date Here Insert Name and 771le of the Officer personally appeared James C. Perry 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 his/her/their authorized capacity(ies),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. PHYLLISSA MARTZ WITNESS my hand and official seal. Commission # 1985150 iq-NMY Notary Public-California Z Riverside County Signature Comm.Expires Aug 11,2016 tignature,of Notary Public Place Notary Seal Above OPTIONAL 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: Capacitypes)Claimed by Signer(s) Signer's Name: James C. Perry Signer's Name: IR Corporate Officer — Title(s): Vice President ❑Corporate Officer — Title(s): ❑Partner— ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association-www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE 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 in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Dated this 8th day of,,,-eplr 2015. DBX, Inc. (Contractor) (Signature) Vice President (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate trust be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) IAca1djmlAgreenzents\DBX Public Works Contract 9.1.15.doc i 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 Riverside ) On al'b J15 before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer r personally appeared James C. Perry 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 his/her/their authorized capacity(ies),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. PHYLLISSA MARTZ Commission # 1985150 Notary Public -California z Signature Z ' Riverside County n Ignature of Notary Public My Comm.Expires Aug 11,2016 Place Notary Seal Above OPTIONAL 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(les)Claimed by Signer(s) Signer's Name: James C. Perry Signer's Name: ❑Corporate Officer — Title(s): Vice President ❑Corporate Officer — Title(s): ❑Partner -- ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attomey in Fact ❑Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association-www.Nationa[Notary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 j , EXECUTED IN TWO COUNTERPARTS BOND #12116244 PREMIUM: $386 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and DBX, Inc. (hereinafter designated as "Principal") have entered into an agreement dated September 15, 2015 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Installation of new Traffic Signal Cabinet and Conduit and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and , as Surety, are held and firmly bound unto the City in the penal sum of Forty Two Thousand Eight Hundred Thirty Five Dollars ($42,835.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Agreement 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 lAcaldjmlAgrecments\DBX Public Works Contract 4.1.15.doc the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person 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 SEPTEMBER 1 5 . 2015. D INCORPO ED THE GUARANTEE COMPANY OF NORTH AMERICA USA BY: L SPENCER FLAKE, ATTORNEY-IN-FACT ADDRESS: 6303 OWENSMOUTH AVE. , 10TH FLOOR WOODLAND HILLS, CA 91367 TELEPHONE: (818) 936-2845 l:\ca\djmlAgreements\DBX Public Works Contract 9.I.l 5.doc i 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 Califomia ) County of Riverside ) On Q19115 before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer personally appeared James C. Perry 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 his/her/their authorized capacity(ies),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. PHYssioSA 19851 Commission # 1985150 z Signature Z . Notary Public-California z Riverside County Ignature of Notary Public Z My Comm.Expires Aug 11,2016 Place Notary Seal Above OPTIONAL 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(les)Claimed by Signer(s) Signer's Name: James C. Perry Signer's Name: ER Corporate Officer — Title(s): Vice President ❑Corporate Officer —Title(s): ❑Partner— ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationaiNotary.org 1-800-US NOTARY(1-800-876-6827) Item#5907 j 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 9/1-Y 15 before me, LEXIE SHERWOOD — NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared SPENCER FLAKE 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 his/her/their authorized capacity(ies), 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. LEXIE SHERWOOD WITNESS my hand and official seal. NOTARY PUBLIC LI 2031782 0 NOTARY PUBLIC*CALIFORNIA n ORANGE COUNTY Signature �? Comm.Exp.JULY 27,2017 g igna ure of Notary Public Place Notary Seal Above OPTIONAL 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited i General Partner — Limited General Individual Attorney in Fact Individual I L Attorney in Fact J Trustee Guardian or Conservator :Trustee i Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association - www.National Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 TIE The Guarantee Company of North America USA GUARANTEE'" POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the Stale of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint David L.Culbertson,Charles L.Flake,Richard A.Coon,Spencer Flake Culbertson Insurance Services,Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office_ The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31`r day of December,2003, The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surely company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of Indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. „pryTFtK IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and d a its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA AYER�G STATE OF MICHIGAN Stephen C.Ruschak,President&COO Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly swom,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Beard of Directors of Cynthia A.Takal IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee w Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2018 J :.. Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. YEA” IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 15th day of September 2015."A"¢` r Randall Musselman,Secretary EXECUTED IN TWO COUNTERPARTS BOND 412116244 PREMIUM: INCLUDED IN LABOR AND MATERIAL BOND PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California, and DBX, 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 September 15, 2015, and identified as Traffic Signal Cabinet is hereby referred to and made a part hereof, and Whereas, under the terns 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 perfonnance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Forty Two Thousand Eight Hundred Thirty Five Dollars (542,835.00) 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. 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 sarne 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 SEPTEMBER 15 1201 5. (SEAL) (SEAL) DBX, INCORPORATED THE GUARANTEE COMPANY OF NORTH AMERICA USA ontractor) (Surety) BY: (Signature) (Signatur SPENCER FLAKE, ATTORNEY—IN—FACT Address: 6303 OWENSMOUTH AVE. , 10TH FLOOR WOODLAND HILLS, CA 91367 (Seal and Notarial Acknowledgment of Telephone(818) 936-2845 Surety) 1:\ca\djniAgreements\DBX Public Works Contract 9.1.15.doe 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 Riverside ) On ��1L5 before me, Phyllissa Martz, Notary Public Date Here Insert Name and 7"rtle of the Officer personally appeared James C. Perry 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 his/her/their authorized capacity(ies),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. PHYLLISSA MARTZ Commission# 1985150 Notary Public-California z Signature Z Riverside County D ignature of Notary Public My Comm.Expires Aug 11,2016 Place Notary Seal Above OPTIONAL 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: Capacfty(les)Claimed by Signer(s) Signer's Name: James C. Perry Signer's Name: ❑Corporate Officer— Title(s): Vice President ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General O Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationaiNotary.org 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c.crcY`.crcrc:c.<-c.cC)crc;t>c,1rc;C'.c;GcY`.cccGcrc�,cC>c.�C`.cC'.c:(>c,Y>crc:l.cr<crc�'cY'.cC.<,rerc;5'.crc;fcC'.ct.crc:^.c:rc,C'.crc:C.crcrcC'.c:c� 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 9/15/15 before me, LEXIE SHERWOOD — NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared SPENCER FLAKE 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 his/her/their authorized capacity(ies), 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. LEXIE SHERWOOD COMM.#2031782 3 -°i 5'•.= ref NOTARY PUBLIC;CALIFORNIA 0 ' ORANGE COUNTY - Signature r*r Comm.Exp.JULY 27,2017 4natu�h Public Place Notary Seal Above OPTIONAL 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — i= Limited , General Individual Attorney in Fact Individual Attorney in Fact Trustee `;, Guardian or ConservatorTrustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.National Notary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 THE The Guarantee Company of North America USA GUARANTEE'° Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint David L.Culbertson,Charles L.Flake,Richard A.Coon,Spencer Flake Culbertson Insurance Services,Inc. its true and lawful altomey(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 313'day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1, To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2, To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of Indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the some force and effect as though manually affixed. yrFs IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. A (�, THE GUARANTEE COMPANY OF NORTH AMERICA USA AYt�'4' STATE OF MICHIGAN Stephen C.Ruschak,President&COO Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A.Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2098 oas' Acting in Oakland County 1,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. rc�q IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 15th day of September 2015. lARandall Musselman,Secretary