HomeMy WebLinkAboutContracts & Agreements_15-2022PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 1st day of February,
2022, by and between the City of Redlands, a municipal corporation, organized and existing under the
laws of the State of California (hereinafter "City"), and Borden Excavating, 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. 2021 CIP Water Replacement Project, complete all items as required by the
Contract Documents (as herein defined) and Specifications for City's 2021 CIP Water
Replacement Project, Project No 501039 (the "Work")
2 CONTRACT SUM. City shall pay Contractor the sum of three million five hundred fifty five
thousand dollars (S3,555,000) as consideration for its performance of the Work in accordance with
the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code
Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute
for retention of earnings required to be withheld by City pursuant to an escrow agreement as set
forth in Public Contract Code section 22300
3 TIME FOR COMPLETION The Work shall be completed within one hundred forty (140)
calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor
4 LIQUIDATED DAMAGES Contractor's failure to complete the Work within the time allowed
will result m 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 m 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 (S500)
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
Bond, 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 action is commenced to enforce or interpret the terms or
conditions of this Contract, or 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
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
L.\ca\djm\Agreements\Borden Excavating Contract.PW 3 1.FY21-0072.doc.jn
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 Cahfornia 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
L.\ca\djm\Agreements\Borden Excavating Contract.PW 3 1.FY21-0072.doc.jn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and yeas first
wntten above
(SEAL)
ATTEST
e Donaldson, City Clerk
CfOF R-------EDITDS
By/ -- v- Paul T Banch, Mayoi
(SEAL)
Borden Excavating, Inc
Name of Contractor
By
Signature of Authonzed Agent
Shaun Borden ,President
Title
Authorized Agent (if necessary)
Bryce Borden, VP
Title
#741879
Contractor's License No
L \ca\djm\Agreements\Borden Excavating Contract.PW 3 1 FY2I-0072 doc.jn
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract
City of Redlands
Municipal Utihties & Engineenng Department
2021 CIP Water Pipehne Replacement Project
Project No 501039
Every employee, except the State, shall secure the payment of compensation in one or more of the
following ways
a By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
b By securing from the Director of Industrial Relations, a certificate of consent to self -
insure, either as an individual employer, or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self -insure and to pay any compensation that may become due
to his or her employees
CHECK ONE
X I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such that I
become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct
Dated this 19th day of January , 2022
Borden Excavating Inc
(Signature)
Shaun Borden ,President
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractoi with the
Ownei pnoi to performing the work of the contract )
L \ca\dim\Agreements\Borden Excavating Contract PW 3 1 FY21-0072 doc.in
PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
Bond No 1001160999
Premium. $41,581 00
Executed in Duplicate
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Borden Excavating, Inc
(hereinafter designated as "Principal") have entered into an agreement dated February 1, 2022
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as 2021 CIP Water Pipeline Replacement Project,
Project No 501039 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 Work, now, therefore, we, the Principal and,
U S Specialty Insurance Company , as Surety, are held and firmly bound unto the City in the penal
sum of three million five hundred fifty-five thousand dollars ($3,555,000) lawful money of the
United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in the Agreement and any
alteration thereof made as therein provided, on his or its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall
defend, indemnify and save harmless the City and its elected officials, officers, agents and
employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall
be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as
costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation
shall hold good for a period of one (1) year or longer if required by the Agreement after the
acceptance of the work by the City, during which time if the Principal shall fail to make full,
complete, and satisfactory repair and replacements and totally protect the City from loss or damage
made evident during this period from the date of completion of the Work, and resulting from or
caused by defective materials or faulty workmanship, the above obligation in penal sum thereof
shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as
any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option
1 Complete the Work in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Work 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
L:\ca\djm\Agreements\Borden Excavating Contract.PW 3 1.FY21-0072.doc.jn
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 utihze the Principal in completing the Work nor shall Surety accept a bid
from the Pnncipal 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 obhgations 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 January 19 , 2022
(SEAL) (SEAL)
Borden Excravating, inc U S Specinsuran Co •any
PP.ArPf
ure (Sid ature) Irene uong,Attorney-In-Fact
(Co
Addre .s 13403 North - - -way Houston TX 77040
(Seal and Notarial Acknowledgment of Telephone ( 713 ) 462-1000
Surety)
L \ca\djm\Agreements\Borden Excavating Contract.PW 3 1 FY21 0072 doc.jn
CALIFORNIA ALL-PURPOSE 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 Orange
on JAN 1 ate 2022
D9
}
before me, Christine Hoang
personally appeared Irene Luong
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signer(s)
, Notary Public,
A OF Cl•1RISTINE HOANG
Notary Public California
Orange County
Commission # 2363281
• My Comm Expires Jun 29 2025
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand a
Signature
Signature of
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 form to another document.
Description of Attached Document
Title or Type of Document:
Document Date
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Number of Pages.
Signer's Name
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing.
RIGHT THUMBPRINT
OF SIGNER
Top of thurnb here
TOKIO MARINE
HCC
q h jl ,POWER'OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING -COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company a California corporation, Texas Bonding
Company an assumed name of American Contractors Indemnity Company United States Surety Company a M aryland corporation
and-U.S._ Specialty -insurance Company=,, a --Texas corporation (collectively the 'ICompaniee),, do,bylthese presents make _constitute= -=
and appoint 71_ ,!1H ''
Yung T Mullick James W Moilanen Iren Luong, Emilie George, Christine Hoarlg, Dajiiielle Hanson
r PAustlrrNeff of Mission Viejo IiCalifOrnia
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
pr_oviding_th r9d penalty does not exceed ****Eifteenlvlill iort***** - _ Dollars
***1 ,00 olio 00*-*=*_ This PowerPow0Pf Attorney shalllexpire without further action on April 23t�=2022 This Power of Attorney is=granted
under and -by e:Uthority of the following�„resolu ions adopted by the Boards of DJrectas ofithe-Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any -Secretary or any Assistant Secretary shall liand is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company to execute, acknowledge and deliver any
-=and-all_bonds, :recognizances, contracts, agreements or_ indemnity_-_ and other conditional or obligatory undertakings, including any and all consents
foithe=release of retained percentages and/or final_esfimates on engineering and construction contracts, apd,;any and all notices affilittebtirnants=
canceling oT terminating the Company' 1tabtllfy _thereunder and any such instruments so executed by any,sich, Attorney -in -Fact shall be -binding upon —
the Company as if=signed by the President =se ndaled=and-effected by the Corporate Secretary..
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of=atforney or any
certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
=IN WLTNE-S-iS WKEREOF The Companies have caused this instrument to be signed -and their corporate seals to be hereto affixed this
1st day of run 208
AMERICAN,CONiTRACTORSiI�INDEMNITY COMPANY TEXAS BONDING OMP--ANY
UNITED S1ATES SURETyi;ZO,)1JPANY VtS8 PECIAI rrtN§SURANPGECOMPANY
pAGTORy � P o.9Y1 i r s.Z0 S U(3F"r � '��4snsoraq� .r
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'a' xcnr 74 a000 I� u' .'�3nwt `b�c�' >•�\b i$'
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State of California
County of Los Angeles
By. ,2 r
Daniel P Aguilar Vice President ._
A N Tary Public=or other officer camplefWg this cert/fidate=verifies only the Identity cif individual who signed the docrament=to
Whrch this-certifkate is attached, andnot=the truthuflness; accuracy, or validity of Met document
On this 1st day of June, 2018, before Me, Sonia 0 Carrejo a notary public, personally appeared Daniel P Aguilar Vice=President of
American Contractors Indemnity Company Texas Bonding Company United States Surety Company and U S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity and that by_his signature on the instrument
thee person) the -entity upon behalf gflwhichtl-elp'erslon acted, executed the instrument
certify uncle ENALTY OF PER'J,URY'Iunderitheilaws of the State of California -that the foregoing paragraph is true artd-correct = HT
WITNESS my hand and official seal. . SONIA 0,[ARAD°
- - Notary Public • California
Lot Angeles County t
Commission 0 2219471
Signature —_- (_seat) 4My Comm• 3atesApr 23, 2022
I Kio Lo Assistarit Secretary AmeTie_an Confracto-rs Indemnity Company 'Texas Bonding Company United- States_Surety
Company --and U-S Specialty Insurance Coiripany do hereby certify that the above,and foregoing is a true and correct-oopy ofa Power—
of= -Attorney executed by said Companies, - which is=stiI[T full force and effect; furthermore, the resolutions of the Boards of Directors,—
set out in the Power of Attorney are in full force and effect.
In i s Whereoave hereunto set m hand 4nd affixed the seals of said Companies at Los Angeles California this
__ �i ►"_ay_of _ J #1VU& C�n� /(j Z -= T J p u' " it d,il tilt v r WmurrUy - n19.1pi ij �
��RINC3C twS SGJ��� ��y1�4Ura� _ - —
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BOC'G_N0, _ -1 b 166 1 .1
"• uxoaaE,i O 3K=?w� acW 7 t1it� :`ivj:
r?' Kio Lo, Assi• Secretary
' in OtiN,r rfOK ti`` ortrimtW
Agency No 7715
visit tmhec-cdrn/surety for more information
1.1
HCCSMANPOA06/20.18 __
Bond No 1001160999
Premium listed on Performance Bond
Executed in Duplicate
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Borden
Excavating, 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 1, 2022, and identified as 2021
CIP Water Pipeline Replacement Project, Project No 501039 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 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the City and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of three million five hundred fifty-five thousand dollars ($3,555,000) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 3 (commencing with
Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or the specifications accompanying the 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 January 19 , 2022
(SEAL) (SEAL)
Borden Excavating Inc U S Spe Insur- ce C.mpan
(Signature)
ignature) Irene Luong Attorney -in -Fact
Addre. s 13403 N hwest Freew Houston, TX 77040
(Seal and Notarial Acknowledgement of Surety)
Telephone (713 ) 462-1000
L \ca\djm\Agreements\Borden Excavating Contract.PW-3 1 FY21-0072 doc jn
CALIFORNIA ALL-PURPOSE 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 Orange
Oran e
on dAN19 2022
Date
before me,
personally appeared Irene Luong
Christine Hoang , Notary Public,
Insert Name of Notary exactly as It appears on the official seal
Name(s) of Signer(s)
Z V
Z:
Y'
°ae;r
CHRISTINE HUANG
Notary public California
Orange County
Commission # 2363281
My Comm
Expires Jun 29 2025
Place Notary Seal Above
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 Califo 'a that the foregoing paragraph is true
and correct.
Witness my hand
Signature
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 form to another document.
Description of Attached Document
Signature of
ea
ublic ristine Hoang
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
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
❑ Individual
❑ Corporate Officer —Title(s)
Li Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing'
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
SrO,CARREJO
""
S - Notary Public • California
`�,;los Angeles County F.
`>it� Commission 92239479
Signature - (seal) iu Mytom.m riplreoApr 23, 2o21
Kio Lo Assists Secretary American =_GoritiaddIrSiffidemnity Company, Texas Bonding Company United Sfate_ssuret}
Company -and U S-Specialty Insurance Company -do hereby certify that thelabove' and foregoing is a true and correct -copy of a Power,
of�Attorney�executed by said Companies, -which is=still7full force and effect;I furthermore, the resolutions of the Boards of Directors;
set out in the Power of Attorney are in full force and effect.
TOKIO MARINE
HCC
II; II PIOU��'II
R OF ATTORNEY
AMERICAN C,ONTRACTORINDEMNITY COMPANY TE--XAS.=BONDING-OOMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS* That American Contractors Indemnity Company a California corporation, Texas Bonding
Company an assumed name of American Contractors Indemnity Company United States Surety Company a M aryland corporation
-and 2 S -Specialty Insurance Companyia-Texas corporation (collectively the C,ompanies) „IdId11, lo bylllthese presents make_constitute=
pR Yung T Mullick emesY/ Motlanen _Irerre'Luong, Emilie Georlh lge, IChnsttneltioang i;IDanielle Hanson
or P--Aust Neff of Mission Viejo, Caljforrna iI i II p u°
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above with full power and authority
hereby conferred in its name place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
pr_ovtdinghe b9ns1 penalty does not exceed Fifteen Million Dollars—
(=***18=404 000 D ) This Power ofAttorney�'Shall lexpfte vl i,thout further actrone-n ApTil 2-Wd 2022. Th s Power of Attorneyl_s -grated
under=and by authority of the following] resolutions Iadopted oy the Boards oLDtrectors of the Companies.
Be irResolved, that the President, any Vice' president, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company to execute, acknowledge and deliver any
-and all bonds, recognizances, contracts, agreements or inderrmity_and other conditional or obligatory undertakings, including any and all consents—
- -for-the release -of refained percentages at —id Lor=fi lestimates on -engineering and construction contracts, !and;any and all notices and_documents - _-
canceling or Fermin Ling the Company's liability-theretinder, and -any such instruments so executed) by any such Attorney -in -Fact shall be binding upon_
the Company as�if signed by the Presidentandseale_andeffected by the Corporate:Secretary' — -
- Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of=attorney or any
certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNE=-SS W iE-REOF The Comp anies have caused ithis instrument to be signed -and their corporate seals to be hereto affixed, this
Est da fauner2013. I 9 — =
- - AMERICANI,CO!JTRACTORS INDEMNITY COMPAWV TEXAS BO- NDING OMPANY
_ — — UNITED $T.piE$I SURFTV (OIjifPANY 1.1,8, RPECIAL= ,IMSSURANCE COMPANY
State of California
County of Los Angeles
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s By
Daniel P Aguilar Vice President
A ldtary_Public or other officer ca7npletin this certlfLca verifies only the, Identity of; the, l'ihdividuat'who signed fI documenfto
which-thls cent ifrcate is attached, ancrnot_the trathfalnes=accuracy, or validity, of,that doc rpentlll,l =
On this 1st day of June, 2018 before me, Sonia 0 Carrejo a notary public, personally appeared Daniel P Aguilar Vice=President of
American Contractors Indemnity Company Texas Bonding Company United States Surety Company and U S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledc ed to me that he executed the same in his authorized capacity and that by his signature on the instrument
e�erson o th_entity upon behalf o f whtchilthe 1personacted, executed the instrument
I1-certifyuferFENALTY OF PERJURY updelrlthe laws oflthe State of Califoi hforegoing ia-tat e foregoparagraph is trued c anorrect. __
WITNESS my hand and official seal.
Whereof Lhave hereunto set myand and affixed the seals of said Companies at Los Angeles, California this
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W i tlEPt....o ,
Agency No. 7715
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trrihcocomLsurety for more, information,
Kio Lo, Assi-' Secretary
HCCSMANPOA06/2018 -