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HomeMy WebLinkAboutContracts & Agreements_30-2019PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 19th day of February, 2019, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Elecnor Belco Electric, 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 Street Light Conduit Installation at the 1300 block of 5th Avenue and the 1100 block of East Pennsylvania Avenue, complete all items as required by the Contract Documents (as herein defined) and Specifications foi City's Street Light Conduit Installation Project (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of fifty six thousand eighty four dollars ($56,084 00) 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 earnmgs required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3 TIME FOR COMPLETION: The Work shall be completed within thirty calendar days (30) 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 of 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 three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and L lcaldpnlAgrccments\PW Contract Elccnor Belco Electric Inc.doc processed by the City pursuant to the provisions of Part 3, Chaptei 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 hmit or supersede the notice requirements provided in this case from filing claims by Contractor S. 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 stncken, and all remammg provisions shall continue to be valid and binding upon City and Contractor 2 L•1ca\dim\AgrcemcntsWPW Contract Etccnor Bcle° Elcetnc Inc.doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: e Donaldson, City Clerk City of Redlands By 11)31 Paul W Foster, Mayor (SEAL) Elecnor Belco Electric, Inc Name of Contractor By Signature of Authorized Agent Alberto Garcia, President/CEO Title ✓'` e of Authorized Agent (if necessary Roger DeVito, Assist Secretary Title Contractor's License No 3 L \ca\djin\Agrccmcnts\PW Contract Elccnor Belco Electric Inc.doc 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 San Bernardino On February 26, 2019 before me, Olivia Chea, Notary Public (insert name and title of the officer) personally appeared Alberto Garcia and Roger DeVito who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my ha _• a►: offi .I seal Signature (Seal) OLIVIA CHEA I sCommission No 2107474 i Z �-,%�.�',.. - NOTARY PUBLIC CALIFORNIA SAN BERNARDINO COUNTY My Comm Expires APRIL 18 2019 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Quality of Life Department QOL 100920I 8KG Street Light Conduit Installation Project 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 1 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 mannei such that I become subject to the workers' compensation laws of California Howevei, 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 penury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this' day of Rre, U , 2019 ature Alberto Garcia, President/CEO (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractoi with the Owner prior to performing the work of the contract ) 4 L \ca\djmlAgrccmcnts\PW Contract Llccnor Bcico Electric Inc.doc Bond No 9308202 Premium $217 00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Elecnor Belco Electric, Inc (hereinafter designated as "Principal") have entered into an agreement dated February 19, 2019 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Street Light Conduit Installation Project — QOL10092018KG and is hereby referred to and made a part hereof, and Whereas, said Principal is required undei the terms of the Agreement to furnish a bond foi the faithful performance of the Woik, now, therefore, we, the Principal and, Fidelity and Deposit Company of Maryland , as Suiety, are held and firmly bound unto the City in the penal sum of Fifty Six Thousand Eioh your and 001100 dollars ($ 56 084 00 ) lawful money of the United States, foi 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 of its heirs, executors, administrators, successors of assigns, shall in all things stand to and abide by, and well and truly keep and perfoinh the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his of its part, to be kept and performed at the time and in the mannei theiein specified, and in all respects according to then true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and woikmanship, 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 therefoi, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good foi a period of one (1) year of longer if required by the Agreement after the acceptance of the woik 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 of damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials of faulty woikmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereundei shall continue so long as any obligation of the Principal remains Whenevei the Principal shall be, and is declared by the City to be, in default undei the Agreement, the City having performed the City obligations thereundei, the Surety shall promptly remedy the default, of shall promptly, at the City's option 1 Complete the Woik in accordance with its terms and conditions, or 2 Obtain a bid of bids foi completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible biddei, arrange foi a contract between such biddei and the City, and make available as woik progresses sufficient funds to pay the cost of completion of the Woik less the balance of the Agreement price, but not exceeding, including othei costs and damages foi which Surety may be liable hereundei, the 5 L 1ca\dpnlAgreu»ents\Pw Contract Elecnor l3c.lco Elects! , Inc.doc 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 undei 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 o1 subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Work noi shall Surety accept a bid fiom the Principal foi 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 tot the use of any person of corporation other than the City named herein o1 the successors o1 assigns of the City Any suit undei this bond must be instituted within the applicable statute of limitations period The said Sur ety, foi value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement o1 to the work to be performed thereundei o1 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 o1 to the work o1 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 o1 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 February 21 , 201 9 (SEAL) Elecnor Belco Electric Inc (Con 1a t61� gnature) ) Jos �" ¢5..ici�i\4 n (Seal and Notarial Acknowledgment of Surety) Fidelity and Deposit Company of Maryland tt.rney In :ct ignature) Address 1299 Zurich Way 5th Floor Schaumburg IL 60196 1056 Telephone (847 ) 605 6000 (SEAL) L \ca\dpn\Agreements\P\V Conti ict rleLnor r3Llco Elcctnt. Inc.doc 6 ALL- PURPOSE CERTIFICATE OF 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 San Bernardino } On February 26, 2019 before me, Olivia Chea, Notary Public (Here insert name and title of the officer) personally appeared Alberto Garcia who proved to me on the basis of satisfactory evidence to be the person(s) whose names-)(s re subscribed to the within instrument and acknowledged to me that he/they executed the same in i er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s-), or the entity upon behalf of which the persons-) 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 WIT Notary`Peblic Signature nd official seal (Notary Public Seal) OLIVIA CHEA Commission No 2107474 n NOTARY PUBLIC CALIFORNIA 2 SAN BERNARDINO COUNTY My Comm Expires APRIL 18 2019 ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT Faithful Performance Bond (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) E Corporate Officer President / CEO (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Version www NotaryClasses com 800 873 9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and if needed should be completed and attached to the document Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate Cahfarnia notary law • State and County information must be the Statc and County where the document signer(s) personally appeared before thc notary public for acknowledgment • Date of notanzation must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • indicate the correct singular or plural forms by crossing off incorrect forms (i.e 1e/she/the), is lace) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If scat impression smudges re seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of thc county clerk 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document 4: Indicate title or type of attached document number of pages and date 4 indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple 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 Connecticut State of Colifoci>niv County of Hartford on February 21, 2019 before me, Aimee Perondine, Notary Public (insert name and title of the officer) personally appeared Joshua Sanford 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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Aimee Perondine, Notary Public AIMEE PERONDLNE NOTARY PUBLIC - CT 174145 (Seal) MY COMMISSION EXPIRES MAY 31, 2022 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof do hereby nominate, constitute, and appoint Donna M PLANETA, Joshua SANFORD, Aimee R PERONDINE, Aiza LOPEZ, Danielle D JOHNSON, Michelle Anne McMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford Connecticut, EACH its true and lawful agent and Attorney -in -Fact to make, execute seal and deliver for and on its behalf as surety and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland , and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland. in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V Section 8 of the By -Laws of said Companies, and is now in force IN WITNESS WHEREOF, the said Vice President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 9th day of July A D 2018 Assistant Secretary Joshua Lecker ATTEST ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D 2018, before the subscriber a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same and being by me duly swam deposeth and saith that lie/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF 1 have hereunto set my hand and affixed my Official Seal the day and year first above written Cc'7 cz 49.u,,ti„-- Constance A Dunn Notary Public My Commission Expires July 9, 2019 POA F 063 9180A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V Section 8 Attorneys in -Fact The Chief Executive Officer the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in fact with authority to execute bonds, policies recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto and may with or without cause modify of revoke any such appointment or authority at any time " CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate and 1 do further certify that Article V Section 8 of the By Laws of the Companies is still in force This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI-I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company " This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May 1994 and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990 RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice President Secretary or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this t illay of forceAr ,y , 20 )9 c ; ) ,,�, f �•'`t Ili David McVickcer, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO. Zurich American Insurance Co Attn Surety Claims 1299 Zurich Way Schaumburg, IL 60196 1056 Bond No 9308202 LABOR AND MATERIAL BOND Whereas, the City Council of the City ot Redlands, State of California, and Elecnor Belco Elects ic, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated February 19, 2019, and identified as Street Light Conduit Installation Project — QOL10092018KG is hereby referred to and made a part hereof, and Whereas, under the terms ot the Agreement, Principal is required before commending the performance of the Wolk, to file a good and sufficient Labor and Material bond with the City of Redlands to secuie the claims to which iefeience 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, theiefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of anif OixTh usandEightyFour dollars ($ 56,084 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successtully 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 (cornrnencing with Section 9550) ot Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition ot this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full torte and effect The surety hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the Agreement or the specifications accompanying the same shall in any mannet 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 February 21 , 2019 (SEAL) Elecnor Belco Electric, Inc (SEAL) Fidelity and Deposit Company of Maryland nature)?roij(2.0 Jo ua Sanfo ttorney In Fact rgnature ddress 1299 Z rich Way, 5th Floor (Seal and Notarial Acknowledgement of Surety) Schaumburg, IL 60196 1056 7 I \ca\dim\Aercunents\Y\V Contract Fleenor iicleo Llectnc, Inc, doe, Telephone ( 847 ) 605 6000 ALL- PURPOSE CERTIFICATE OF 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 San Bernardino } On February 26, 2019 before me, Olivia Chea, Notary Public (Here insert name and title of the officer) personally appeared Alberto Garcia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is re subscribed to the within instrument and acknowledged to me that he/they executed the same in i er/their authorized capacity(les), and that by er/their signature(s) on the instrument the persons), 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 WI 1, my an. and official seal No ♦ ignature (Notary Public Seal) OLIVIA CHEA 1 Commission No 2107474 z NOTARY PUBLIC CALIFORNIA 2 SAN BERNARDINO COUNTY My Comm Expires APRIL 18 2019 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Material Bond (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) LI Corporate Officer President / CEO (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Version www NotaryClasses com 800 873 9865 ♦ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and if needed should be completed and attached to the document' Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law • State and County information must be the State and County where the document signcr(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) Print the name(s) of document signer(s) who personally appear at the time of notarization Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/they is /are) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re seal it a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document indicate title or type of attached document number of pages and date Indicate the capacity claimed by the signer It the claimed capacity is a corporate officer, indicate the title (i.e CEO CI:O Secretary) • Securely attach this document to the signed document with a staple 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 Connecticut State of Witf County of Hartford On February 21, 2019 before me, Aimee Perondine, Notary Public (insert name and title of the officer) personally appeared Joshua Sanford 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 certify under PENALTY OF PERJURY under the laws of the State of California +hat the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Aimee Perondine Notary Public (Seal) AIMEE PEROrJDINE NOTARY PUBLIC - CT I74145 MY COMMISSION EXPIRES MAY 31 2022 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V Section 8 of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M PLANETA, Joshua SANFORD, Aimee R PERON➢INE, Atza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney in Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland , and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies and is now in force IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day ()fluty, A D 2018 Br Assistant Secretary Joshua Lecker ATTEST ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael Bond State of Maryland County of Baltimore On this 9th day of July A.D 2018 before the subscriber a Notary Public of the State of Maryland duly commissioned and qualified iM•IICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies to me personally known to be the individuals and officers described in and who executed the preceding instrument and acknowledged the execution of same and being by me duly sworn, deposeth and saith, that lie/she is the said officer of the Company aforesaid and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written .111:1L :ti Constance A Dunn, Notary Public My Commission Expires July 9, 2019 POA F 063 91 80A Disclosure Statement ZURICHe NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit http flwww zurichnaproducercompensation corn or call the following toll -free number (866) 903-1192 This Notice is provided on behalf of Zurich American Insurance Company and its underwnting subsidiaries UGU874ACW (06/11) Page 1 of 1