HomeMy WebLinkAboutContracts & Agreements_149-2015_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract("Contract")is made and entered into this 21 st day of July,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 Southern Hemisphere Shade, 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: SHADE STRUCTURES FOR PLAYGROUNDS AT VARIOUS CITY PARKS,
PROJECT NUMBER QOL06102015AJ, complete, as required by the Contract Documents (as
herein defined)and Specifications for City's: SHADE STRUCTURES FOR PLAYGROUNDS AT
VARIOUS CITY PARKS (the"Work").
2. CONTRACT SUM: City shall pay Contractor the sum of Two Hundred Thirty-Eight Thousand
Four Hundred Twelve Dollars ($238,412) 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.
J. TIME FOR COMPLETION: The Work shall be completed within one hundred twenty days(120)
calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, 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
1
I;IcaldjnslAgrecments\Southern I•lemisphere Shade Agreement 7.21.15.docx
processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public
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.
8. ELIGIBILITY OF CONTRACTORISUBCONTRACTOR: 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.
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I:1caldjmlAgreemcnts\Southern Hemisphere Shade Agreement 7.21.13,doex
IN WITNESS WHEREOF,the Parties hereto have executed this Contract the day and year first written
above.
City of Redlands
(SEAL)
i
By:
P ul Foster, Mayor
ATTEST: }
J ane Donaldson, Deputy City Clerk
(SEAL)
`�f.����P(n IIEy'✓1�����c°f� ��1crQPS � It,G.
Name of Contractor�—
By: ZeL
Signature of Authorized Agent
/-11/1i
Title
Signature of Authorized Agent (if necessary)
Title
�)7_727K
Contractor's License No.
I:\ca\djm\Agreements\southern I lemisphere Shade Agreement 7.21,15.docx
ACKNOWLEDGMENT
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 Sacramento )
On 08/06/2015 before me, Marissa Casado, Notary
(insert name and title of the officer)
personally appeared Andrew Peter Koekemoer ------------------------------------------
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.
MARISSA CASADO
Commission# 1994552
WITNESS my hand and official seal. < =: Notary Public-California i
Z Sacramento County a
My Comm.Expires Oct 19,2016
1� I
Signature YV��� (Seal)
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands-Quality of Life Department
Shade Structures for Playgrounds at Various City Parks QOL06102015AJ
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
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 Lr day ofAuw4..'2015.
(Contractor)
,n��
(Signature)
(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.)
4
1:1ca1djmlAgreemeiitslSoutliern Hemisphere Shade Agreement 7.21.15.doex
ACKNOWLEDGMENT
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 Sacramento )
On 08/06/2015 before me, Marissa Casado, Notary
(insert name and title of the officer)
personally appeared Andrew Peter Koekemoer ------------------------------------------
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.
MARISSA CASADO
52
WITNESS m hand and official seal. < Commission t99a5ni
Y Z .p. Notary Public-California
Z Sacramento County
fkl�'U�
My Comm.Ex ires Oct19,2016
Signature (Seal)
B
BOND NO 390012P
BOND PREMIUM $5,960.00 WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
BOND ISSUED IN TRIPLICATE
FAITHFUL PERFORMANCE BOND
Whereas,the City of Redlands("City"),State of California,and Southern Hemisphere Shade,
Inc. hereinafter designated as "Principal") have entered into an agreement dated July 21st, 20I5
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as SHADE STRUCTURES FOR PLAYGROUNDS
AT VARIOUS CITY PARKS,PROJECT NUMBER QOL06102015AJ 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, as Surety, are held and
firmly bound unto the City in the penal sum of Two Hundred Thirty Eight Thousand four Hundred
Twelve Dollars($238,412)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,
ekecutors,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 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 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
5
IAca\djm\Agreements\Southem hemisphere Shade Agreement 7,2[.]5.docx
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, 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 July 28, 2015.
(SEAL) (SEAL)
Southern Hemisphere Shades, Inc. Indemnity Company of California
(Contractor) i (Surety)
BY:
( tgnahae) (Signature) Yu . Mullicc, ttorne In-Fact
Address:
17771 w Ste. 100
Irvin 92623
(Seal and Notarial Acknowledgment of T ephone(949) 263-3300
Surety). -
6
I:loatdjm\AueementAsouthem Hemisphere shade Agreement 7.21.15.docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary pudic or either 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 OALIPORNIA,
County of Orange
On July 28, 2015 before roe, Terah Johnston _ Notary Public;
Hate Insert Name of Notary exactly as it appears on the official sea6
personally appeared Yung T. Mullick
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)
TERAH JOHNSTON and that by his/her/their signature(s) on the instrument the:
Commission At 2004865 person(s), or the entity upon behalf of which the person(s)
Notary Public-catlfornia acted, executed the instrument,
Orange County I`certify under PENALTY OF PERJURY under the laws of
hily comrrl.Expires Jan 21,2017 y �
the Mate of California that the foregoing paragraph is true �
i
and correct.
Witness my hand and official,seal
r
Signature k 3 yd
Place Notary Seal Above S3gm�ure'of Nc tart'06Ind Johnston
I
OPTIONAL
Though the information Below is not required by law, it;may prove valuable to pet-sons relying on the document
and could present fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document'. Performance bond 390012P; Issued In Triplicate
Document [date: July 28 2015 Number of Pages.- 2
Signer(s) Other Than Named Above: None
Capacity(les)Claimed by Signer(s)
Signer's Name: Yung T. MullickSigner's Name:
® Individual ❑ Individual
❑ Corporate Officer- Title(s): ❑ Corporate Officer—Title(s):,
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General
6
Attorney in Fact
M
❑ Fact
in act w�'
❑ TrusteeE] Trustee
F] Guardian or Conservator Top ofthurnb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ ether:
Signer is Representing. Signer is Representing:
Indemnity ComDanv of
O�lifornia 1
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263.3300
KNOWALL 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:
-Yung T. Mullick, James W.Moilanen, Jennifer C.Anaya,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
suretyship giving and granting unto said Ahorney(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 revocation,and all of the acts of said Attorneys)-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.
RESOLVED,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,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 altest 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 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 attested by their respective Secretary or Assistant Secretary this January 29,2015.
�
By: G79 07.1 _ ,.,¢�,~;� AND.,.........'NOF ?ANY,
Daniel Young,Senior Vice-Presidenty,;`pRQCR4r0 : �GpRPOp10 OCT.5
gTd,�
aOCT" Z
_ _ =o' 1936 0 ur 1967
By: z
Mark Lansdon,Vice-President
••�'�'• •'1,�., Clf=ORS
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_-_ January 29,2015 before me, Lucille Raymond Notary Public
011e Here Insert Nana anti ntia of tho Ofrita --_--.�__--
personally appeared Daniel Young and Mark Lansdon
Name(s)o[Signerls}
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed
to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheu authorized
capacity(ies),and that by hislherAheir signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument.
Commission #2081945
Not42ry PubliC•Cailfornla I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange County b true and correct.
'+�
4 Comm.Ex fres Oct 13,2918
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Luctll�F# y arid,Notary Public
CERTIFICATE
The undersigned,as Secretary orAssislant 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 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,this 28 day of July 2015-
By:
201FO,By: _
Cassie J 61frisford,Assistant Se lary
ID-1380(Rev.01115)
BOND NO 390012P
CND PREMIUM INCLUDED IN PERFORMANCE BOND
BOND ISSUED IN TRIPLICATE
LABOR,AND MATERIAL BOND
Whereas, the City Council of the City of Redlands,; State of California, and Southern Hemisphere
Shade,Inc,(hereinafter designated as"Principal's)have entered into an agreement(the"Agreement")whereby
Principal agrees to install and complete certain designated public improvements (the "Work"), which said
agreement,dated duly 21st,2015,and'identified as SHADE STRUCTURES FOR PLAYGROUNDS AT
VARIOUS CITY PARKS,PROJECT NUM13ER QOL06102015AJ is hereby referred to and made a part
hereof;and
Whereas, under the terms of the Agreement, principal is required before commending the
performance of the Work,to file a good and sufficient Labor and Material bond with the City of Redlands to
secure the claims to which reference is made in Title a(commencing with Section 955 J)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 firrnly bound unto
the City and all contractors, subcontractors, laborers, material hien and other persons employed in the
performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sura of Two
Hundred Thirty Eight Thousand Four Hundred Twelve Dollars ($238,412) for materials furnished or
labor thereon of any bind, 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 band, will pay; in addition to the face amount thereof; casts 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 955{1)of
Dart fr of Division 4 of the Civil Cade,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 bund be fully performed,,then this obligation shall become null and void,
otherwise it shall be and remain in ful l force and effect.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the
terns of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond,and it does hereby waive noticeofany 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 July 28, 2415:
(SEAT,) (SEAL)
Southern Hemisphere Shades Inc. Indemnity Conpan lifornia
(Cort tor} (Surety)
, - :
(Signature) (Signature) Yu �Mulfick, me -ln-I=act
Address:
17771_ art; Ste. 100 _
Irvin A 92623
(Seal and Notarial Acknowledgment of Telephone( 949) 2A3-331110
Surety)`
7
11ca%djmm Agreemernts45authern Heinisphure Shade,agreement 7.21.15 docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Lotary public or other officer completing this certificate verifies only the identity of the individual who sighed the
ument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On July 28,2015 before me, Terah Johnston Notary Public,
Crate Insert Narne of Notary exactly as it appears an the official seat
r
personally appeared Yung T, Mullick
Narne(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
4M]
P TON person(s), or the entity upon behalf of which the persons)
2 44 5 Zacted, executed the instrument.
c al fornia zCounty I certify under PENALTY OF PERJURY under the laws of
e den 21,2017 the Mate of California that the foregoing paragraph is true
and correct.
Witness my hand and offi i I seal: C
Signature— k�i t I
Place Notary Seal Above Signature of otary Pil I T i1a 'SJ Ston I
�� I
w)
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 the forint to another document
Description of Attached Document
Title or Type of document: Payment bond 390012P; Issued In Triplicate
Document Date: July 28, (t1 a Number of Pages: 1
Signer(s) Cather Than Named Above: None
Capacity(ie )Claimed by Signer(s)
Signer's Name: Yunq T. Mullick Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer Title(s):
❑ Partner 0 Limited ❑General ❑ Partner ❑Limited❑ Generaf
Attorney in Fact ❑;Attorney in Fact -
❑ Trustee ❑ Trustee
❑ Guardian or Conservator Top ofMthumb here ❑ Guardian or ConservatorTop of thumb here �
® Other; ❑ Other;
Signer is Representing: Signer is Representing:
Indemnijy Company,faf._n
California
� i
Y
t �
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOWALL 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:
'**Yung T. Mallick,James W.Moilanen, Jennifer C.Anaya,jointly or severally""'
as their true and lawfulAtlorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations.as sureties,bonds,undertakings and contracts of
suretyship 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 full power of substitution and revocation,and all of the acts of said Attorneys)-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.
RESOLVED,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 atlorney(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 anyAssisfant 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 facsimile,and arty 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 SURETYAND 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 January 29,2015.
By: ,.,..... ...., F.
Daniel Young,Senior Vice-President r''yJ: oRP R4
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Mark Lansdon,Vice-President ' yiP.,Jo w P aa,' Vq(JFOP�\� a\
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.
Stale of California
County of Orange
On ___ January 29,2015 before me, — Lucille Raymond Notary Public
Date Men Insert Name and TiM or tho OKKtr
personally appeared Daniel Young and Mark Lansdon _
Names)o!Signors)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name($)is/are subscribed
to the within instrument and acknowledged to me that he/shelthey executed the same in hisrhergheir authorized
capacity(ies),and That by hislherRheir signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument.
Commission 0 2081945
z 'w Notary Public-California i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Z Orange County true and correct.
M Comm.Expires Oct 13,2018
WITNESS my hand and official seal.
Place Notary Seal Above Signature f
" Qv"�
Lucifl I# y ond,Notary Public
CERTIFICATE v
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 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,this 28 day of JUIV 2015-
By
Q1rj.By A
Cassie J. rrisford,Assistant ecolary
10-1380(Rev.01/15)
ACKNOWLEDGMENT
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 Sacramento )
On 08/06/2015 before me, Marissa Casado, Notary
(insert name and title of the officer)
personally appeared Andrew Peter Koekemoer ------------------------------------------
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.
MARISSA CASADO
WITNESS my hand and official seal. ' �. Commission#! 1
< 994552 Z
Z . Notary Public-California D
Z Sacramento County
jj
My Comm.Expires Oct 19,2016
Signature f .0 c, '�-� (Seal)
ACKNOWLEDGMENT
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 Sacramento )
On 08/06/2015 before me, Marissa Casado, Notary
(insert name and title of the officer)
personally appeared Andrew Peter Koekemoer ------------------------------------------
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.
- �.- - - ems - -ter.
MARISSA CASADO
Commission # 1994552
WITNESS my hand and official seal. z ,=: Notary Public-California z
Z Sacramento County
/
My Comm.Expires Oct 19,2016
Signature�r✓�{�L� (Seal)