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Ascent Elevator Services Inc; 2017-03-17; PWM17-77GS
PWM17-77GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT This agreement is made on the / J -J::b day of Lf(/rJ.!U' L , 2017, by the City of Carlsbad, California, a municipafCorporation, (hereinafter called "City"), and Ascent Elevator Services, Inc., a California corporation whose principal place of business is 10320 Camino Santa Fe, Suite A, San Diego, CA 92121 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Robert Ferris (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 41 07. 5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 1 of 8 City Attorney Approved 9/27/16 PWM17-77GS FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor ubcontract from participating in contract bidding. Signature: Print Name: I REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ....... $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ..... $1,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1 ,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides. to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 2 of 8 City Attorney Approved 9/27/16 PWM17-77GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within seventy (70) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. ASCENT ELEVATOR SERVICES, INC., a California corporation Ill Ill Ill Ill /II Ill Ill (name of Contractor) 835183 (Contractor's license number) C11 4/30/18 (license class. and exp. date) 1000006450 (DIR registration number) 6/30/17 (DIR registration exp. date) DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 3 of 8 10320 Camino Santa Fe, Suite A (street address) San Diego, CA 92121 (city/state/zip) 858-202-0110 (telephone no.) n/a (fax no.) damon@ascentelevator.com (e-mail address) City Attorney Approved 9/27/16 PWM17-77GS AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR ASCENT ELEVATOR SERVICES, INC., a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California By: Elain ukey Public Works Director as authorized by the City Manager ~~ DCI70tYV711l~t~&rn~erefif.r7 (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f...g_ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: _ _c:;rL;....E::. ~~'e~~u_""-~.d.~~ Deputy City Attorney DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 4 of 8 City Attorney Approved 9/27/16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ~ l (' L on before mJi~lu~Jl/eJ Ill-: 6ailea, ~q/fry /¥ftc r-. 1 Here Insert Name and Title of the Officer personally appeared C: r~ La~US ~ Name~}i~ SJ9nf!r(~) u_tJ /ltO c/Cl..../) I I' L'~e./ 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. JENNIFER SI.WIRA4VtTCII .~:::..,,_l;t. Commllllon #2101457 1 "'-? ;.P~' Notary Public -California .: . ·~. ":-~ Alameda County - ... ...,.;·'.v.$'mm. Expires Apr 11, 2019( ~ ......•... Place Notary Sea/ Above -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ r I Corporate Officer -Title(s): ______ _ 0 Partner -I J Limited II General l I Partner -[] Limited IJ General [J Individual 1 I Attorney in Fact ll Individual I I Attorney in Fact 0 Trustee i I Guardian or Conservator I l Trustee I I Guardian or Conservator [J Other: _____________ _ [I Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~· ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM17-77GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., be Subcontracted No. Classification & Expiration Date 0-lt>Y. ARt~ /Jrt"//,i, In£ ll fYYDL.\_/~~ e11-ftCI(/3 S"'Y"t IIN-"v,eyvv~ u /C.u.u""~ M 9o 713 G)t,. fho/ztJ/7 Total % Subcontracted: __ /_() ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT %of Total Contract /D Page 5 of 8 City Attorney Approved 9/27116 PWM17-77GS EXHIBIT B Contractor will provide all labor, materials and support necessary to replace underground elevator piston, cylinder, cylinder head and pass state test and inspection at the Dove Library located at 1775 Dove Lane, Carlsbad, CA 92011. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Provide labor, materials and support necessary to $33,170 replace underground elevator piston, cylinder, head and pass state test and inspection *Includes taxes, fees, expenses and all other costs. DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 6 of 8 cylinder TOTAL* $33,170 City Attorney Approved 9/27/16 Exhibit "B" @~.!,g!!I. 10320 Camino Santa Fe, Suite A • San Diego • California • 92121 • (858) 202-0110 California License No C11-835183 REPAIR PROPOSAL Date January 17, 2017 To City of Carlsbad Building Location Dove Library 1685 Faraday Ave 1775 Dove Lane Carlsbad, CA 92008 Carlsbad, CA 92009 Contact Michael O'Brien/Bob Richardson Elevator(s) 115049 Phone 760-434-2996 SCOPE OF WORK Elevator Underground Cylinder Replacement Ascent Elevator proposes to furnish labor and materials to remove the existing underground hydraulic cylinder, piston and cylinder head and replace with a New Complete Cylinder with PVC Casing, New Piston and New Cylinder Head. This work will eliminate possibility of corrosion and electrolysis of the existing underground buried cylinder from natural minerals in the ground and groundwater The new cylinder being proposed for installation is a sealed, double-bottom, PVC-protected design, which offers protection from corrosion. The above work will include the following: 1. Secure the elevator cab at the top floor of the elevator hoistway. 2. Evacuate oil from the hydraulic system. 3. Remove the existing elevator piston. 4. Remove the existing underground cylinder and liner as needed. 5. Evacuate Liquid or Re-drill the existing cylinder hole as required, and prepare it for installation of a new cylinder. 6. Install or re-secure the PVC casing, specifically designed for underground use. 7. Install a new double bottom cylinder with special coating and safety valve. 8. Plumb the cylinder to the vertical. 9. Install a new cylinder head. 10. Install new elevator piston. 11. Install new packing. 12. Install new code required pipe rupture valve. 13. Add new hydraulic oil. 14. Perform a full load safety test per code. 15. Assist the State of California Dept. of Industrial Relations elevator Inspector in his inspection 16. Removal of the existing Cylinder and Casing: There will be an additional cost of $407.00 for a crew, per hour (regular time-between the hours of 7:00AM and 3:30PM, Monday through Friday excluding holidays), to remove the existing cylinder, if site conditions prevent its removal within Twenty-four (24) working hours. 17. Cylinder Well Hole Drilling: We will evacuate all liquid in the existing well hole for the new cylinder within eight (8) hours. If there is not enough clearance for the new cylinder or underground conditions prevent completion of the well hole within eight (8) hours, we will remove the existing PVC/Steel casing and re-drill the well hole. There will be an additional cost of $575.00 per hour to re-drill the new hole. Please be aware underground conditions (such as sand, rock, water or other unusual conditions) can delay completion of the hole drilling. 18. Reinstallation of new Cylinder and Casing: There will be an additional cost of $407.00 for a crew of two persons, per hour (regular time-between the hours of 7:00AM and 3:30PM, Monday through Friday excluding holidays), to install the new cylinder, if site conditions prevent its reinstallation within Twenty-four (24) working hours. 19. Spoils Removal: It is the Customer responsibility to dispose of drilling spoils. Contaminated soil must be removed from the building site by certified, authorized agents whose methods and processes are compliant with existing hazardous waste transportation and disposal laws. The Company agrees to facilitate and manage the removal of spoils by an authorized agent at a cost of $275/drum. This cost is NOT included in proposal and will be invoiced as an extra. The material will be manifested to Owner for disposal. The Company will endeavor to use native drilling spoils to minimize the requirement for offsite disposal, Native spoils will be used for the purposes of backfilling new cylinder casing provided spoils are clean (non-contaminated) and free from rock, concrete, and debris. Customer understands that Company is not an expert in determining if spoils are contaminated. Any such determination is the Customers responsibility. Customer may elect to dispose of clean drilling spoils on site. Company agrees to collect excess drilling spoils and place in drums, adjacent to work area. Disposal of spoils will be performed by others and drums will be returned to the Company. Any drum not returned to the Company will be billed out at $85 for each drum non-returned drum. Any spoils removed from site by Company will be disposed of by certified, authorized agents as described above. When such an installation would require modifications to the building or hoistway (i.e., the required drill rig does not fit in the building through an existing entrance or implies the need to move the existing rails) NOTES: All work to be performed Monday through Friday between 8:00AM and 4:30PM excluding Holidays. Work will be performed by a licensed crew. Where conditions require it, we will provide protection for floors, walls and the elevator entrances for the normal activities associated with this work. Building protection associated with special or unusual drilling or excavation procedures is the responsibility of the building owner. This proposal is based on the building owner agreeing to provide the following: Electric power for light, tools, hoists, welding, drilling rig, etc. required for the duration of this project. PRICE tax included Full access to the work area for professionals completing this work during the agreed-upon work hours for the duration of the project. On-site storage (clear and in close proximity to the work area) for materials associated with the completion of the project, including cylinder, piston, oil, tools, etc. during the project. Permits required for the use of welding and gas-burning and cutting in the elevator hoistway as needed. Deactivation and reactivation of all fire, smoke and/or combustion sensors in the work area that may be activated by the effects of the procedures required to complete this work. $ 33,170.00-Thirty Three Thousand, One Hundred Seventy and 00/100 PAYMENT TERMS Per Maintenance Contract Terms and Conditions Accepted By: Accepted By: X ____________________ ___ Name: _________________ _ Name: Damon Herrell Title: Sales Manager Date: ___ 2-"~'-l_/:....::1:....7.__ ______ ___ Bond Number: 651557P Premium: $239.00 EXHIBIT C LABOR AND MATERIALS BOND PWM17-77GS WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ascent Elevator Services, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT. in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, ASCENT ELEVATOR SERVICES, INC., as Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY THREE THOUSAND ONE HUNDRED SEVENTY Dollars ($33, 170), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 7 of 8 City Attorney Approved 9/27/16 PWM17-77GS In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this /() PI day of --'-M._,_,kc!l.....:....=_.__ ____ , 20.12. CONTRACTOR: Ascent Elevator Services, Inc. By:~~~~::::::=~~?::::~:=:.:::~~===,.__ (sig ere j}tJFJtJVd-r, ;1}(~ (print name here) Executed by SURETY this _3_r_d _____ day of March '20..!Z_ SURETY: Developers Surety and Indemnity Company (name of Surety) 17771 Cowan, Suite 100, Irvine, CA 92614 (address of Surety) 949-263-3300 Dean Sigmundson, Attorney-In-Fact ·----__ _ (printed name of Attorney-in-F~ct) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER CityAttome~ By: Deputy City Attorney DOVE LIBRARY PUBLIC ELEVATOR CYLINDER REPLACEMENT Page 8 of 8 City Attorney Approved 9/27/16 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Dean Sigmundson, David Massie, jointly or severally*** as their true and lawful Attomey(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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective 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 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 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 6th day of February, 2017. By:~~ Daniel Young, Senior Vice-President By:~~ Mark Lansdon, Vice-President 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 -----'-'Fe,b"'ru'-"a=-'ry,.,6"-', 2=>0'-!.17'-------before me, Date Lucille Raymond, Notary Public Here Insert Name and Trtle of 1f1e Officer personally appeared ----------------------"D_,an""ie,_I-'-'You"2ng:La;=';n'=.d~M~a=rk;:;La==n-"'s""do""n'---------------------- Name(s) of Signll'(s) 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 and official seal. Lucill CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furtherr,,o.-e, that the pia visions 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 3 ( J. "~#~~ Cassie J:'sford, AssistantS ry dayof Mttrck f 2<> t\: ATS-1002 (02/17) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On March 3, 2017 before me, Julie A. Rector, Notary Public Date Here Insert Name and Title of the Officer personally appeared __________ D_e_a_n_S__,ig'---m_u_n_d_s_o_n _____________ _ Name(s) of Signer(s) --------------------------------------------------------------------~--· who proved to me on the basis of satisfactory evidence to be th erson~ whose name~ ®/.are- b to the within instrument and acknow~dged to me that he executed the same in authorized capacity~, and that,by i · ignature on the instrument the person~, e e y upon behalf of which the person~} ac ed, executed the instrument. Place Notary Sea/ Above 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 and official seal. -----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond Number: 651557P Document Date: _M_a_r_ch __ 3.:._, _20_1_7 ____ __ Number of Pages: 2 Signer(s) Other Than Named Above: ____________ ___ Capaclty(ies) Claimed by Signer(s) Signer's Name: Dean Sigmundson Signer's Name: ___________ _ 0 Corporate Officer -Title(s): _______ _ 0 Corporate Officer -Title(s): ______ _ [J Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual ~ Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: ____________ _ Signer Is Representing: -----------------Signer Is Representing: _____________ _ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo~ .I Countyof Bf_~aa ) On 3/9/J 7L before me--;Je~£5/v-e~rc .. -.iu_+/t>A)Nokvy lrd:z/ic.. ! Here Insert N~e and Title of the Officer personally appeared Er~ Lu ~/{..(~ 0-no/ 00/JDVt::UJ /(}c kef?Ve / Date Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above ------------------------------OPTIONAL------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ [J Corporate Officer -Title(s): ______ _ IJ Corporate Officer -Title(s): ______ _ D Partner -: J Limited [I General [ l Partner -[J Limited IJ General [J Individual 1 I Attorney in Fact II Individual I I Attorney in Fact []Trustee i I Guardian or Conservator ll Trustee I I Guardian or Conservator D Other: _____________ _ lJ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association o www.NationaiNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907