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HomeMy WebLinkAboutContracts & Agreements_200-2015_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 20th day of October, 2015, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California,(hereinafter"City"), and Pacific Video Products, 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 perform all of the work for the following: Redlands TV— Broadcast & Audio System Upgrade and Replacement, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Project for Redlands TV—Broadcast& Audio System Upgrade and Replacement. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$113.199.88 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 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 shall be completed within 60 calendar days from and after the date of the delivery to Contractor of a written 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 one thousand dollars($1000) for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that one thousand dollars($1000) per day is the estimated damage to City caused by the failure of the Contractor to complete the WorI<within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. S. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein,to wit;Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, and Technical Specifications,and any addenda thereto. 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: Claims by 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. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By:c-- U) Mayor, City of Redlands, &ounty of San Bernardino, California ATTEST: City Clerk, ity 6f Redlands County of San Bernardino,California (SEAL) Pacific Video Products, Inc. Name of Contractor �--2 1 By: Signature of Authorized gent ;�2 Title Si64ture of Authorized Agent(if necessary) CKa Title # 827372 Contractor's License No. WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Department of Innovation and Technology REDLANDSTV BROADCAST & AUDIO SYSTEM UPGRADE AND REPLACEMENT 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 _day of WN ,2015. Pacific Video Products, Inc. (Contra o (Signatur i►�'r51�fc� (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.) BOND# 3902L3P PREMIUM: $2,830 FAITHFUL PERFORMANCE BOND Whereas,the City Council ofthe City of Redlands,State of California,and Pacific Video Products. Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 201h, 2015, and identified as City's Project for Redlands TV -- Broadcast & Audio System Upgrade and Replacement,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 One Hundred and ThMeen Thousand One Hundred and Nine. Nine Dollars ($113,199) lawful money of the United States, for the payment of which sum we bind ourselves, and out 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 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 faithfully fulfill the one- year guarantee of all materials and workmanship, 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 therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any 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 Ionger 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 suns 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 shal I promptly,at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions,and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above.The term"balance of the Agreement price,"as used in this paragraph,shal I 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. ** INDEMNITY COMPANY OF CALIFORNIA 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 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 (hereunder 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 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 NOVEMBER 2 2015. (SEAL) (SEAL) Pacific Video Produ is I . INDEMNITYAC) NY OF CALI o ractor 1 f BY: (Sign re) J nature) CHARLES L. FLAKE, ATTORNEY—IN—FACT Address: 500 S. KRAEMER BLVD. , STE. 300 BREA, CA 92821 (Seal and Notarial Acknowledgment of Telephone (714 ) 784-5660 Surety) 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 11/2/15 before me, Erin A. Sherwood - Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. 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. ERIN A.SHERWO"MomOD Flf�iCornmlsslon x 2118628 WITNESS my hand and official seal. r , _,�;� -,�-�:` Notary Public-California"r". Orange County M Comm.Ex Ires Jul 6,2019 Signature / Signature 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 ❑ 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.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92523 (849)283.3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEM14ITY COMPANY OF CALIFORNIA,do each hereby make.constitute and appoint: "**Jan Moran, David L.Culbertson,Charles L. Flake,Richard A. Coon,Lexie Sherwood,Spencer Flake,jointly or severally"' as their true and lawful Aliorney(s)-in-Fact,to make,execute,detiver and acknowledge,for and on behalf of said corporations.as sureties,bonds,undertakings and contracts ofsurely. ship giving and granting unto said Atlorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocaSDn.and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January fst,2008• RESOLVED,that a combination of any two of the Chairman of the Board,the President.Executive Vice-President,Senior Vice-President or any Vice Pfesidenlof the corporations be,and lhal each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Pourer of Attorney; RESOLVED,FURTHER,that the-signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and altested by their respective Secretary or Assistant Secretary this November 21,2013. By: � ,<•.�� AND l �rr, �p AN Y O Davie]Young,Senior Vice-PresidentyJt`a p0P.4 - 41 a OCT. OCT.5 T� SOS 11936 Z Mark J.Lansdon,Vice President :,s a y C' �e �• '•r,7�O.,JOYJ�. ya,�, v gCfPOPa State of California •°'rnr„fff*+o„a�.r County of Orange On___._...._.._November 21,2013._--_„_„__before me,....... ._ _ T__-_ _ Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J.Lansdon Names)of Signer(s) �W who proved to me on the basis of satisfactory evidence to be the psrsoo(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hismerltheir authorized capacity(ies),and that by his/herilheir signature(s)Dn the instrument the personts),or the entity upon behalf of ANTONIOALVARADQ which the person(s)acted,executed the instrument. comm.0 2=15% NOTARY PU6t;lC Vii,lFOPHIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORMIGE COIJNlY true and correct. ��P� �rnntm.expkesAug.9,20t7 ..�6 WITNESS my hand and official seal. Place Notary Seei Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power ofAliorney 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 Allomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 2nd day of November,20,15, Cassie J.Berrisfor , sistant Secretary .ID-1380(Rev.11l13} BOND# 390213P PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands,State of California,and Pacific Video Products, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 20th, 2015, and identified as City's Project for Redlands TV — Broadcast & Audio System Upgrade and Replacement 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 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 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 One Hundred and Thirteen Thousand One Hundred and Ninety Nine Dollars $l 13 199) 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 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 shit 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 NOVEMBER 2 2015. (SEAL) (SEAL) Paeific de •oducts,inc. INDEMYfTFCq1qANY OF CALI N ' (Co BY: (Sr afore) ignature)CHARLES 1-:--FI AKE, ATTORNEY—IN—FACT Address: 500 S. KRAEMER BLVD. , STE. 300 BREA, CA 92821 (Sea]and Notarial Acknowledgment of Surety) Telephone(7 14 ) 784-5660 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 11/2/15 before me, Erin A. Sherwood - Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. 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 ERIN A.SHERw000 is true and correct. Com #�2118828 Notary Public-CaliforniaWITNESS my hand and official seal. Pub Orange County M Comm.E kaa Jul 6,201 Signature Signature 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 ❑ 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 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19125,IRVINE.CA 92623 (999)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each hereby make,constitute and appoint: "'`Jan Moran,David L. Culbertson,Charles L. Flake, Richard A.Coon,Lexie Sherwood,Spencer Flake,jointly or severally"' as their true and lawful Attarney(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 uretyship giving and granting unto said Aftorney(s)-in•Fact full paver 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 alt of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOUVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,an behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimife,and any such Power ofAttorney 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 of 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 officers and attested by their respective Secretary or Assistant Secretary this November 21,2013. By. - __--- ,,.,��c�• •• kc, o�nPAfVYp,� Daniel Young,Senior Vice-President J 0On '•. q �fT�•cZ'°- OP'POf3 BCT. .w 10 OCT.5 BY- _ -- -- —�(-'G�._.._-- ------_ ?o i 1 9 3 6 q c rj1 1967 A Mark J.Lansdon,Vice-President 'y ,Jovr -.••' O9C/FOA�\e •.. }t ,,. State at California •''•�.,,,111?�I,,,„•�''� 7F County of Orange On__�..-.._...November 21,2013 __ _ before me,, ___�_ _ Antonio Alvarado.Notary Public Date Here Insert Name and Tille of the Officer personally appeared Daniel Young and Mark J Lansdon Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the vAlbin instrument and acknowledged to me that helshe/they executed the same in hislherllheir authorized capacity(ies),and that by hisibedtheir signatures)on the instrument the pemon(s),or the entity upon behalf of ANTONfOALVARADO which the person(s)acted,executed the instrument. COMM.#2033558 Gnig E cattily under PENALTY OF PERJURY under the laws of the State of California That the foregoing paragraph is NOTARYPt16LtC�Af.,iFOPf M true and correct. � t)RANt;E OOtlFFf11 my ccimm.evOres Aug.9,20 WITNESS my Rand cried official seat. Place Notary Seal Above Signature Antonio Alvarado.Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the fesolutions of the respective Boards of Dfreclors of said corporations set fonh 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,this 2nd day of November,2015• Cassie J.Serdsior , sistant Secretary .ID-1380(Rev.11113) -