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Contracts & Agreements_1-2011_CCv0001.pdf
AGREEMENT THIS AGREEMENT is made and entered into this 1 day of 2010,by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City", and 001-W& est hereinafter referred to as the "Contractor." The City and the Contractor are sometimes individually referred to herein as a "Party"and,together, as the"Parties." WITNESSETH: That the City and the Contractor, in consideration of the mutual promises contained herein, agree as follows: 1. SCOPE OF WORD: The Contractor will furnish all materials and will perform all of the work for the following: Construction of the Photovoltaic System at the Water Reclamation Facility located at 1950 Nevada Street, Redlands, CA, complete all as required by the Contract Documents and Specifications for PHOTOVOLTAIC SYSTEM AT THE WATER RECLAMATION FACILITY,Project No. 73403 (hereinafter,the"Work"). 2. THE CONTRACT SUM: $ b-73 J 01 cl 0 ' B- o in accordance with the terms and conditions set forth in this Agreement and the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code, the Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an Escrow Agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work under this Agreement shall be completed within sixty (60) calendar days from and after the date of the City's issuance to the Contractor of a Notice to Proceed. 4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Agreement shall constitute agreement by the City and Contractor that $500 per day is the minimum and actual damage 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: The complete Contract Documents comprising this Agreement include the Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications, and any addenda thereto. 6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of the Contract Documents, the prevailing parry in such action, in addition to any [:IcaWjm\Agreetnents\Photovoitaic System.doc I costs and other relief, shall be entitled to recover its reasonable attorneys' fees. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. LABOR CODE/PREVAILING WAGE: To the extent applicable, Contractor shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices,workers' compensation and prevailing wages. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime Work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the Work by the Contractor or any subcontractor doing or contracting to do any part of the Work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed with, and available for inspection, at the City offices. Contractor shall post, at each job site, a copy of the prevailing rate of per diem wages. The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor. 9. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and any subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to perform the 'Work. 10. ASSIGNMENT OF AGREEMENT: No assignment by a Party hereto of any rights or interests under this agreement will be binding on another Party without the written consent of the Party sought to be bound. 11. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 12. 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above. L:ealdjmlAgreeinentslPhotovoitaic system.doc 2 City of Redlands (SEAL) (Owner) w , B "' Kj - Mayor, y• City of Kedlands, County of San Bernardino,California ATTEST: City Clerk, City o- e�dfands County of San Bernardino,California M ay,t�s �y���M rad Name of Contractor By. Signature of Authorized Agent- Title Signature of Authorized Agent(if necessary) Title Contractor's License No. [:\caldjm\Agmements\Photovoltaic System.doc 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department PHOTOVOLTAIC SYSTEM AT THE WATER RECLAMATION FACILITY Project No. 73443 Labor Code, Section 3700,provides, in part that: "Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-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. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code section 186 1) Dated this it day of wnv�r ,2011. (Contractor) (Sign e) �St�Ayrfi (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD4 EXECUTED IN TWO COUNTERPARTS BOND # 350414P PREMIUM: $10,240 PERFORMANCE BOND Whereas,the City Council of the City of Redlands, State of California,and S,iG• (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated AAn-�vy 2011, and identified as Construction of the PHOTOVOLTAIC SYSTEM AT THE WATER RECLAMATION FACILITY, Project No. 73403 is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terns of said agreemew to furnish a bond for the performance of said project. DEVELOPERS Now,therefore, said Principal and SURETY AND INDEMNITY COMPANY as surety, are held firmly bound unto the City of Redlands(hereinafter call "City"), in the penal sum of SIX HLIlDRED SEVFNIY- THREE THOUSAND NINE HUNDRED NINETY-NINE & 80/100 Dollars($ 673,999.80 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, 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 hers heirs, executors, administrator, 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 said agreement and any alteration thereof made as therein provided, or his or their 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 defend, indemnify and save harmless the City, 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 the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration. or addition to the ten-ns 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 n� Ittl� 2011 (SEAL) (SEAL) yxk,,. DEVEL TY AND INDEMNITY COMPANY (C ) --- - BY: (Signature CHARLE . FLAK (Signature)ATTORNEY-IN-FACT Address: 500 N. BRAND BLVD. , SUITE 1120 GLENDALE, CA 91203 (Sea] and Notarial Acknowledgment of Telephone( 818 ) 552-6125 Surety) CD 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _.-_4 6.. - On �4�`'- 2�/ before me, �J�yr!{._�U_��//��y.. _...._. ate' — v+`FJ Ffere I Bert Name and d TRIe of th Officer personally appeared _-__� � — -- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(s)gAua subscribed to the within instrument and acknowledged to me that 60&dkdbdkd6&— (fi sf utfty executed the same in his/her/their authorized WE14M LYN PUGMW capacity(ies), and that by(�i h�eir signature(s) on the Commission# 17505" instrument the person(s), or the entity upon behalf of •� Notary Pub11C -Colnomic' - which the person( acted, executed the instrument. Orang* County *CCMft8ViWjM1Tj2N1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESn and official seal. V ature _ Place Notary Seal Above 4�.Itary Publ Signic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: — Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -_ .._ _ _ Signer's Name:-. -- Individual a Individual ® Corporate Officer—Title(s): [7j Corporate Officer—Title(s):-_- !_-j Partner—CJ Limited i ;General _ F] Partner—L.] Limited i I General Irl--1Attorney in Fact • 0 Attorney in Fact • ". C) Trustee � Top of thumb here r-.,..Trustee Top of thumb here ❑ Guardian or Conservator Ll Guardian or Conservator Ci Other: E1 Other: Signer Is Representing: Signer Is Representing: - - 92007NatimolNotary A.ssaaation•9350DeSole Ave,PO-Box 2402•Chalswofth,CA91313-2402-w wAw.Na6onafNotaryorg Item#5907 Reorder:CatlToll-Freet-804876.68::7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 1-11-11 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Rake Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the SHEfiWOOD within instrument and acknowledged to me that he/she/they LEXIE h COMM. fft RWO � executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the (� NOTARYPUBUC•CAUFOMM ORANGE COUNTY person(s), or the entity upon behalf of which the person(s) Comm.Exp.JULY 27,2013 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 arld official s -/ Signature l.C� l Ptace Notary Seal Above Signalur of Notary Pu 'c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attaches! Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner--❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact iL ❑ Trustee ❑ Trustee OF SIGNER ❑ Guardian or Conservator 7Topof thumb ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02W7 NatiorW Notary Assodwion•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 813132402•www.NatlonaWotary.arp Item#5907 Reorder:Call Te8-Free 1.800-878-6827 POWER Of ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***David L. Culbertson, Charles L. Flake, Jan Moran, Richard A. Coon, Lexie Sherwood, Matthew P. Flake, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorneys}in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attoney(s¢in-fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,quatffying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bards,undertakings and contracts of suretyshlp;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by fac&rnfie,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the owporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. Stephen T.Pare,Senior Vice PresidentF'C '`QgP O RgrF?af, ( T. ? OCT 5 O 2��L ,w± 10 By. Charles L.Day,Assistant SecretaryT—— - --f ` :• i 9 3 6 1387 Y 2 State of Caldomia ...... County of Orange On August 13th,2008 before me,_ Jennir TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Chades L.Day Namefs)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names)islare subscribed to the within instrument and acknowtedged to me that heishe#ey executed the same in hisfnerltheir authorized .EWY TT WWYM capeaty(ies),and that by hisiber?their signatures)on the instrument the person(s),or the entity upon behad of CwM.#17916Vwhich the person(s)acted,executed the instrument NOTARY PUSUC CAUFORM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COXWY true and correct- Icy 00im.aWm FI& 9MI WITNESS my hand and official seal. Place Notary Seal Above Signature J TT Ng CERTIFICATE 6 The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in Putt force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 117Hday of JANUARY, 2011. Aibertl fllebran�becretary ID-1380(WetXRev.07107) EXECUTED IN TWO COUNTERPARTS BOND # 350414P PREMIUM INCLUDED IN LABOR AND MATERIAL BOND PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California,and w2t,. -xtJT _LtSG - (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement, dated JANUARY 11, 2011, and identified as PHOTOVOLTAIC SYSTEM AT THE WATER RECLAMATION FACILITY, Project No. 73403, 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 ** Dollars (.$673,999.80 ) 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 named, on c,tw lOiLt 2011 MA ANS DE (SEAL) (SEAL) I'M� TIKG • DEVE P S S ETY VD COMPANY (Co r) re ) BY: (Signature) CHARLES L. FLAK (Signature)ATTORNEY—IN—FACT Address: 500 N. BRAND BLVD. , SUITE 1120 GLENDALE, CA 91203 (Seal and Notarial Acknowledgment of Surety) Telephone(818) 552-6125 ** SIX HUNDRED SEVENTY—THREE THOUSAND NINE HUNDRED NINETY—NINE & 80/100 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On MA. « � before me, _ �—qr N _ date t Hee Insert Narne and Title of the Offir, r personally appeared Name{s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,R) whose name(,$ is subscribed to the within instrument and acknowledged to me that (15Aho,44ey executed the same ince erftheir authorized capacity(os), and that by0r�eir signature(g) on the WENDY LYN PUGMiRE instrument the person(d), or the entity upon behalf of Commwston * 1750548 Notary Publlo -Cottfomta which the person(o acted, executed the instrument. Orange County C0rr>r1 E Ue An11 2D1) I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESI anandM seal-k. Place Notary Sea4 Above Signature &gnatur of Notary ub OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: - Document Hate: Number of Pages: _ Signers) Other Than Named Above: _-- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: �__--- _] Individual Individual _J Corporate Officer--Title(s): ❑Corporate Officer—Title(s): `7 Partner—J Limited E General I_ Partner—El Limited E General Attorney in Fact • G Attorney in Fact • !€ Trustee C Trustee Top of thumb here Top of thumb here `. Guardian or Conservator ❑Guardian or Conservator C Other: ❑Other: Signer Is Representing: Signer Is Representing: C 2007 Nahotlal Notary Association•9350 Do Soto Ave..P.O.Boot 2402•ChetswoM,CA 913132402-www.NatanaiNotary.org Rem#5907 Reorder'.Call Toll-Free 1-80"7&-M27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 1-11--11 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the officer personally appeared Charles L. Flake Narm(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), ! LEXIS SHERWOOD and that by his/her/their signature(s) on the instrument the COMM,#1856389 person(s), or the entity upon behalf of which the person(s) aoTnar Pu&.lc•ctwFoMA acted, executed the instrument. ORANGE COUNTY Comm.Exp.JULY 27,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a d official s Signature Place Notary Seal Above Signature of Kolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee OF SIGNER I ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator 7Topof thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing- 02007 epresenting:®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chateworth,CA 91313-2402•www.NaOoneMMary.org Item#5907 Reorder:Celt Tol-Free 1-800-878-$827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***©avid L. Culbertson, Charles L. Flake, Jan Moran, Richard A. Coon, Lexie Sherwood, Matthew P. Flake, jointly or severally*** as their true and lawful Attorney(s}in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations fug power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Hoard,the President and any Vice President of the corporation beand that each of them hereby is,authorized to execute Powers of Attorney,quaf tying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any cedtficate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st,2008. By: v _ _ �6{.A1t1 °�O aPANI O�. Stephen T.Pate,Senior Vice President Jg Rp 0 p OCT 'z 2Q iR LU OCT. r+ By: _ 5C7 936 Charles L.Day,Assistant Secretary Joe FY.a t �f .....ff,.,• * o C 11 4 E�5 State of California County of Orange On— — _ August 13th,2008 before me, _ Jenny_TT Nguyen Notary Public _ Date Here Insert Name and Title of the Officer personally appeared Ste hen T.Pate and Charles L.D 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 hetshelthey executed the same in Nslherltheir authorized JENNY TT NGUYEN capacit&s),and that by hislherltheir signatures)on the instrument the person(s),or the entity upon behalf of L # 17916Q which the person(s)acted,executed the instrument. NOIC CAt1FORMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pa agraph is a GRANGE GOI #]Y true and correct. My cos F&Ia 2M WITNESS my hand and official seal. Place Notary Seal Above Signature Jer ;TT Ng n _..-._._. CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of urine,California,the 11THday of JANUARY,, 2011. By: Albert Hilliebrand,Assistant Secretary ID-1380(Vifet}(Rev.07107)