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HomeMy WebLinkAboutContract 1730 C-f13 SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as"City,and EIDE STRUCTURES,herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor,material,equipment,transportation and services for Bid No.B16- 07E,Project No.CIP 7011,7014 and 7015(the"Work")in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract,approved Change Orders,the Contractor's written Proposal dated May 4, 2017, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions, and any addenda thereto (the "Contract Documents") all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal,State,County,and City of Cathedral City laws,regulations and policies,which are,as amended from time to time,incorporated herein by reference. 3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 240 working days from the date of Notification to Proceed. 5. In consideration of said Work,City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Four Hundred Fifty-Seven Thousand Seven Hundred Ninety Eight Dollars and Ninety One Cents($457,798.91)unless Contract Change Orders are approved by City. City has budgeted an additional Forty- Five Thousand Dollars ($45,000) for permit fees and inspections. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents. 6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City,as provided in the Contract Documents,the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify,hold harmless,release and defend(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof,and its officers, employees,commission members and representatives, from any and all liability, loss, suits, claims,damages,costs,judgments and expenses(including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including,but not limited to, companies,or corporations,Contractor and its employees or agents,and members of the general public. 9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, Agreement 1300-1 furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned,for each calendar day during which such laborer,workman,or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week,in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry,physical disability, mental disability, medical condition, genetic information, marital status, sex, gender,gender identity,gender expression,age, sexual orientation,or military and veteran status as provided in the California Fair Employment Practice Act(Government Code Sections 12900,et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such breach committed under this Contract. 12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation,any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 17. The City,or its authorized auditors or representatives,shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract. 19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including,but not limited to, such additional (out of the City)expenses for personnel,salaries,private auditors,travel,lodging,meals and overhead. 20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract,Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the Cartwright Act(Chapter 2,commencing with Section 16700 of Part 2 of Division 7 of Agreement 1300-2 the California Business and Professions Code),arising from purchases of goods,services,or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation 1)A By u'� 1(A�— __ Dated: vc6' Dl Charles McClendon,City Manager ATTEST: Dated: 111'ZL Zipi Gary How• 1,Cit Clerk APPROVED AS TO F I ' : .s►%�' v/l t� Dated: 07-Z G ' ZOl 7 Eric Vail,Ci y Attorney "CONTRACTOR" Dated: I(' 1 By am= ��'� ti oL. • e• 'P(2--E-; l D-01-11- Dated: C 111 fl By: Name: k)0t' �1 Title: V 1 L1; V Q S I I3E-1--S [CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-3 File No. lit Contract Change Order No. 1 Total Pages: 3 Cathedral City July 18, 2017 City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 AGENCY: City of Cathedral City PROJECT TITLE: Cathedral City Whitewater Bike Path Furnishings BID NO: B16-07E CITY PROJECT: No. 7011, 7014 and 7015 TO: Eide Structures You are hereby directed to make the herein-described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: This change order is not effective until approved by Cathedral City. The compensation (time and cost) set forth in the Change Order comprises the total compensation due the Contractor, all Subcontractors and all suppliers, for the work or change defined in the Change Order, including all impact on any unchanged work. By signing the Change Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors, and all suppliers, that the stipulated compensation includes payment for all work contained in the Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of the Change Order shall indicate that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result of the change. The Contractor, on behalf of himself, all Subcontractors, and all suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the work under this contract. AGENCY: City of Cathedral City - Contract Change Order No. 1 Cathedral City Whitewater Bike Path Furnishings Description of work done. (Quantities and prices shown on attached Request for Change Order.) Differentiate between additional work at contract price, agreed price and time and materials. DECREASED WORK ITEM QUANTITIES: Decrease the quantities for the following Bid Items at Contract Price: None TOTAL DECREASED AT CONTRACT PRICE $0.00 ADDED WORK ITEMS: Add Performance and Payment Bonds TOTAL ADDED AT CONTRACT PRICE $7,866.98 Quantities and Unit Prices for Bid Items not specifically mentioned in this Contract Change Order remain in force. Estimated Cost: Decrease: $ Increase: $7,866.98 By reason of this order the date of completion shall be adjusted as follows: Increased _ No Change X Days Contract Bid Amount: $457,798.91 Contract Time: working days Total Previous Changes: $0.00 Total Previous Changes: 0 This Change: $7,866.98 This Change: 0 Revised Contract Total: $465,665.89 Revised Contract Total: 240 AGENCY: City of Cathedral City - Contract Change Order No. 1 Cathedral City Whitewater Bike Path Furnishings Reviewed and Accepted by : John A. Corella, P.E. City Engineer City: z/i 7 igna re City Engineer $ Date We, the unde igned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted Date. •'1 ('I Contractor: e c( I N Dlit S1721 E. s By: / Title: Pg-L---Sl DN1'- ''‘P-Signa e "111°."-- If t e Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time specified therein. , THE FINAL PREMIUM IS PREDICATED ON THE Bond No. CAC714703 FINAL CONTRACT PRICE Premium:$7,985.00 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has, on May 24, 2017, awarded to Eide Industries, Inc., hereinafter designated as the Principal, a Contract for Bid No. B16-07E, Project No.CIP 7011,7014 and 7015,and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Merchants Bonding Company(Mutual) , as Surety, are held and firmly bound unto the City in the just and full amount of Four Hundred Sixty-Five Thousand Six Hundred Sixty-Five and 89/100 dollars($465,665.89)lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said 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 faithfully perform the covenants, conditions,and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall indemnify and save harmless,the City, its officers and agents as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby 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 thereunder or the specifications accompanying the same shall, in any way,affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 8th day of August , 2017, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Eide Ind es Inc. Print' al (Seal) _ .47v r i.•. ure for Principal Title of Signatory • Merchants Bonding Company(Mutual) Surety (Seal) (g4/17t 0-27fr\_____ Vl Signature for Surety Shaunna Rozelle Ostrom Attorney-in-Fact Title of Signatory 6700 Westown Parkway,West Des Moines, IA 50266 Address of Surety (800)678-8171 Phone#of Surety Ms. Nicole Grimm Contact Person For Surety Faithful Performance Bond 1310-2 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 August 8, 2017 before me, Rudy Urieta, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom 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. . ";"••- RUDY URIETA ' i WITNESS my hand and official seal. COMM.#2159828 7;re gia Notary Pubiic.Califomia ' j ORANGE COUNTY a o__ My Comm.Expi►eslul 14,2020 Signature (Seal) Rudy lhieta Bond No.CAC714703 MERCHANT\ BONDING COMPANY,. POWER OF ATTORNEY Know Al Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the'Companies")do hereby make,constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attomey(s)-in-Fact,to make,execute, seal and deliver on behalf of the Companies, as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION($20,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24, 2011. "The President,Secretary, Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 10th day of March , 2017 . ,'`e' 1t0- ( .'•S " C a ' M ERCH AN TS BONDING• MERCHANTS NAIIONALCBONDINGOMPANY INC.(MUTUAL)) • P 0 03 :',� 1933• • :c: A.7 774._ •,y;' ...•r..•rjv• y � `�a4ti• By STATE OF IOWA '•�•''••a,,...,��n�".�'• ••. �- •. COUNTY OF Dallas ss. President On this 10th day of March , 2017 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. � 'A<s WENDY WOODY o v Commission Number 784654 011 • .� . • MyCommission Expires owP June 20, 2017 Notary Publt , County, Iowa ilk (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies. which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of August . 2017 . -v- Zi _ •Z• :3• Secretary •- 2• 003 :'.c)_- •yy•To 01933 ;c; POA 0014(6/15) •~"+"•'"•iIN 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 I COUNTY OF LOS ANGELES I On August 11,2017 before me, Angela Juarez,Notary Public, Personally appeared Dan Neill who proved to me on the basis of satisfactory evidence to be the person(whose name)is/are subscribed to the within instrument and acknowledged to me that he/sl{e/th/y executed the same in his/h/r/t1eir authorized capacity(i/s),and that by his/hhr/tit signature(on the instrument the person(,or the entity upon behalf of which the person( acted, ?4 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. «Y; ANGELA JUAREZ MOONY PIO*•California .` Los Angeles Comer \:f0:9) Comml$$ion s 21701!1 M Comm.Ex fires Oct 31,2020 Signature: JIMA . 1 I A.-.tIVA i/ ' 1 11. (Seal) It,t .+y) r, Keir • 6tl.:` 71 tab WSW. " - THE FINAL PREMIUM IS Bond No. CAC714703 PREDICATED ON THE Premium: See FINAL CONTRACT PRICE Performance Bond SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has, on May 24, 2017, awarded to Eide Industries, Inc., hereinafter designated as the Principal, a Contract for Bid No. B16-07E, Project No.CIP 7011,7014 and 7015,and WHEREAS,said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used in, upon, for,or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth: NOW,THEREFORE,we,the Principal,and Merchants Bonding Company(Mutual) ,as Surety,are held and firmly bound unto the City in the just and full amount of Four Hundred Sixty-Five Thousand Six Hundred Sixty-Five and 89/100 dollars($465,665.89),executors,administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors,or assigns, shall fail to pay for any materials,provisions,or other supplies used in,upon, for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor,or for any amounts due,or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 8th day of August , 2017, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Eide Industries. Principal (Seal) ,-' 'natife or Principal Title of Signatory Merchants Bonding Company(Mutual) Surety (Seal) Si ture for Surety Shaunna Rozelle Ostrom Attorney-in-Fact Title of Signatory 6700 Westown Parkway,West Des Moines, IA 50266 Address of Surety (800)678-8171 Phone#of Surety Ms. Nicole Grimm Contact Person For Surety Payment Bond 1320-2 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 August 8, 2017 before me, Rudy Urieta, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom 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. � RUDY URI ETA WITNESS my hand and official seal. '_, ; COMM.#2159828 •:Nis r Notary Public-California rt a ..41 ORANGE COUNTY ;iv My Comm.Expires Jul 14,2020 Signature ."Ik� eal) Rudy Urieta • ; 4 Bond No.CAC714703 .MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attomey(s)-in-Fact,to make,execute, seal and deliver on behalf of the Companies, as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION($20,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 10th day of March 2017 `t,.�•*�tl�j+,,�'•.,r • 0‘tkG c MERCHANTS BONDING COMPANY(MUTUAL) ,c 11►.; *s. • a7lo•• MERCHANTS NATIONAL BONDING,INC. mol•., a,1�0,4gj;00, :�,o oAPO-4 ;vy '61:C, } •�'a -0— r.c PCD3 �,n • ••y 1933 ;c • By (7/-d/Prit STATE OF IOWA ''•.,, ,•''� '. 7-, •• COUNTY OF Dallas ss. President On this 10th day of March , 2017 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. e�"4rs WENDY WOODY 0 `•11�� Commission Number 784654 * �i►a! . My Commission Expires owe June 20, 2017 Notary Pub!! , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies; which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of August 2017 . .NL..,.•, • ..1. ‘,0"0 101444 L + 0 ORS_,•",a's •�: �� 9q �• .rte` c/ 1,(7, z!!r fief , ;w_ C: • Secretary 2CO3 :'A- : 1933 ; • • POA 0014(6/15) "'•...,..... • , • 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 LOS ANGELES l On August 11,2017 before me, Angela Juarez,Notary Public, Personally appeared Dan Neill who proved to me on the basis of satisfactory evidence to be the person(p whose name(0 is/ate subscribed to the within instrument and acknowledged to me that he/s$e/thily executed the same in his/l)(r/thiir authorized capacity(ils),and that by his/h$r/thjr signature(lon the instrument the person(sf,or the entity upon behalf of which the person(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. A ELA dl! r r; NOSKY AIM•CsMNm S Los Anaslis County L % Commission 21701 MCoIrUt314 • Signature: lc 4 (Seal) • • r°111141.6411"1°4146111411114.11.1.41111111; • •'.a 4;.i+ ��� • .y- ' ii m'