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CONTRACT 4388 Other CLOSEDCity of El Segundo Contract Number: .. Residential Sound Insulation . Program � M^ Residential Sound Insulation Program Contract between The City of El Segundo and Karabuild Development, Inc. This Contract is entered into this LL day of February, 2013, by and between the City of El Segundo, a general law city and municipal corporation ("the City") and Karabuild Development, Inc. ("Contractor"). 1. Work A. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; B. The Contractor must furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to install all products and provide all services required of the Contractor by the Contract Documents (the "Work"). C. The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans; Addenda; Notice of Award; Notice to Proceed; Requests for Information; Requests for Change Orders; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. Contract Sum The City agrees to pay the Contractor a sum not to exceed nine hundred forty-four thousand, seven hundred eighty-one dollars and zero cents ($944,781,00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. Time for Performance A. The Contractor will fully complete the Work in accordance with the Construction Schedule (the "Contract Time"). City of "• 1# Contract Number:4388 Residential1 Insulation Program it B. City may, but is not required to, allow time extensions or alterations to the Construction Schedule if Contractor causes a delay in City issuing a Notice to Proceed. C. The Construction Schedule will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. D. The Contractor must not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a Notice to Proceed. E. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. F. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. Disputes Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code § § 10240-10240,13. 5. Third Party Claims. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. Taxpayer Identification Number The Contractor will provide the City with a Taxpayer Identification Number. 7. Permits and Licenses Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 112-12 (Group ) 2 Last Modified: February 6, 2013 City of El Segundo Contract Number: 4388 Residential Sound Insulation program S. Ownership of Documents All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. Indemnification The Contractor agrees to indemnify and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner Iimit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. Independent Contractor The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. Audit of Records The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. Notices All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: Citv City of El Segundo RSI program Attention: John Risti Contractor Karabuild Development, Inc. Attention: Ara Karajerjian 17337 Ventura Boulevard *(Group 4:Modified: ,r . s �f"��✓ „ undo Contract r a. . Residentialr Insulation Program City Hall 350 Main Street E1 Segundo, CA 90245 Encino, CA 91316 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 13. No Third Party Beneficiary, This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. Interpretation. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. Effect Of Conflict. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. Precedence of documents as determined in the Conditions of the Contract. 16. Severability. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. RSI 12-12 (Group 48) 4 Fast Modified: February 6, 2013 City of El Segundo Contract Number: 4388 Residential SoundInsulationProgram 18. Acceptance Of Facsimile Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. Covenants and Conditions. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. Captions. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. Waiver. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor wil I such waiver constitute a continuing waiver 22. Time is of Essence Time is of the essence for each and every provision of the Contract Documents. [Signatures on next page] v� C ty of gfo Contract Number: IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereiriabove written. City of El Segundo: Karabuild Development, Inc; A general lam, city and municipal corporation. A California corporation By:.4im By:4� m� ari�e er Kw K� r .�e� lian ana�4er C'Ilief Executive Officer ATTEST: 1(�iity eaver C�c`r.e. ,. TaxpayerlD Number Contractor State License Number Contractor City Business License Number .i.al Officer 6'49 — 00 & I?33P. i 0 efl? 3A 7gc, RSI 12-12 (Group 48) 6 Last Modified: February 6, 2013 City of El Segundo Residential Sound Insulation P FAITHFUL FUL PERFORMANCE BON KARABUILD DEVELOPMENT INC. Bond No. 12075466 Bond Fee: $9,558.00 as principal ("PRINCIPAL") and GUARANTEE COMPANY OF NORTH AMERICA , a corporation incorporated under the laws of the State of MICHIGAN and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the City of El Segundo ("CITY") in the sum of NINE HUNDRED FORTY FOUR THOUSAND SEVEN HUNDRED EIGHTY ONE AND N01100THS dollars ( 944,781.00 lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set firth in this bond, Contract Documents for Group 48 (RSI 12 -_LI2) of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract _ executed for such Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. Bond Conditions PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements of the Contract Documents for the PROJECT and with permits issued by the CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the PROJECT for a period of one (1) year following the PROJECT's completion and acceptance by the CITY. 4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. Faithful Performance Bond I Last Modified: April 22, 2009 �1 City of El Segundo X Residential Sound Insulation Program 5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. T This bond consists of this instrument; the Contract Documents identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure §995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. & Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. w......A . SIGNED AND SEALED this 25TH day of JANUARY ,13 KARABUILD DWELOPMENT INC. P C,[ Ar, s rr"esident PR i�gC1PAL's S cr ry NOTE: L sigaaatures must be ackg( PRINCIPAL's Mailing Address KARABUILD DEVELOPMENT INC. 17337 VENTURA BLVD., STE 215 ENCINO, CA 91316 THE GUAR "'' COMPANY OF NORTH AMERICA jR ,s TY's l�iKAx SHILO LEE LOSINO, ATTORNEY -IN -FACT ledged by a notary public. SURETY's Mailing Address THE GUARANTEE COMPANY OF NORTH AMERICA 6300 OWENSMOUTH AVE, 10TH FLOOR WOODLAND HILLS, CA 91367 Faithful Performance Bond 2 Last Modified: April 22, 2009 dure tIORIC a , m ode of Civil Prod Cer � � fw COLInt Clare of the County f Elio ia, ij,a au,jd fray said C Ounty ty insurance in lr'96ow«GSof ";�@'f� iw.vrru m ��icY"aD�rE in the o�'G�rat �r��V��q�.ltt��r. .,��•���� IP.�tl...A���N���,�" �ar�.yu N¢�� R�^,��'�u a��dk`rN�&��f6�:r, r"VOk, CanceledN moea���" fus�rf ff� the sea un said Cou C®UN CY CLERK �, Deputy County Ctetk State of California County of Los Angeles On ' a NAME, rM F OFFICER Personally appeared SHILO LEE, LOSI Q NAME($) 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. JAN iCFNivL:i„� RlVERA WITNE y hand and official seal." Commission # 1939902 Notary Public - California Los Angeles County y Comm. Expires Jul 3, 2015 SIG UqE OF NOTARY NOTARY SEAL 4 8®�a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of "1 bil mm On a, bet I me !1 personally appeared„ rlllt1 111tIInIIIIIII111111114110111,111111EIVYIIII IIfill IIIIIfill IIIIII dIIIII lwe;III at PATRICE DUPRE Commission 0 1848326 Notary Public - Cal'rfornls Los Angeles county Comm. Expires May 27, 2013 K. mIIII�I�IIiw���lutl�al��¢�tt�u�I�Itrtr�tt�llrlrtr�tutttl�t��Irtlulrlll�t Place Notary Seal Above �c��e drrS�rR a'a�rr+e 1Mr<r� �� V i 16k ', .,, 4 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 persons) acted„ executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and rnrront WITNEE Signatur OPTIONAL Though the intormalicrl below is not ree Uired by law, it may prove valuable to persons relying on the document and could' ,prevent lraudolent removal and reattachment of Mrs form to anotherdocument. 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. �....... �..�._ �._ DgIndividual me: " ... _�.,.. IQ Individual ❑ Corporate Officer — Title(s): n.._ D Corporate Officer —Title(s): Partner — ❑ Limited U General w ❑ Partner — Li Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee �'� �r thumbere ❑Trustee Top CAI thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other; . _ O Other: . Signer Is Representing. - Signer Is Representing.• �— ,.... .......__.m �2007 Nalionat Notary AssoG�ation 9350 De Solo Ave.. fl0.9ox 2402 • Chatswonh, CA 91313.2402 • wWwyNationalNo ry. g � T011•Free la or IlemK5907 ReorOer.Call 7.600-576.6827 THE,. GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan W ATT Y KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Shilo Losino, Stephanie H. Shear, Jan -Michelle Rivera Contractors Best Insurance Services, Ine- its true and lawful attomey(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31m day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shah have power and authority: To appoint Attomey(s)-in-fact, and to authorize them to execute on behaff of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 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 Attomey-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 Attomey-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. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. ar IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012, ,w THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personalty known, and being by me duly swum, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A, Takai a Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. i I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. ' IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of JA N 2 5, 2013 p4 ti Randall Musselman, Secretary City of EI Segundo Residential Sound Insulation Program KARABUILD DEVELOPMENT INC. GUARANTEE COMPANY OF NORTH AMERICA Bond No.12075467 Bond Fee: INCLUDED as principal ("PRINCIPAL") and a corporation incorporated under the laws of the State of MICHIGAN and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the City of El Segundo ("CITY") in the sum of NINE HUNDRED FORTY FOUR THOUSAND SEVEN HUNDRED EIGHTY ONE DOLLARS AND NO/100THS dollars ( 944,781.00 (words) lawful money executed in th SURETY bin instrument. d of the United States, which may e same manner as this bond, for themselves, their successors, be increased or decreased by a rider hereto the payment of which sum PRINCIPAL and and assigns, jointly and severally, by this This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in the Contract Documents for Group 48 (RSI 12-_12 ) of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract ......._ executed for such Project, and for all work or labor of any kind performed for the Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. Bond Conditions PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond _ I Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation Pro modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the Contract Documents identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 25TH day of JANUARY 2013 KARABUILD D ELOPMENT INC. THE GUAR TEE COMPANY OF NORTH AMERICA Plk NCI A .�'s resident S I 's P'It i�F Yt A 's U..t,I x.s , LEE LOSINO, ATTORNEY -IN -FACT NOTE: ALL natures must be acknowledged by a notary public. PRINCIPAL's Mailing Address SURETY'S Mailing Address KARABUILD DEVELOPMENT INC. THE GUARANTEE COMPANY OF NORTH AMERICA 17337 VENTURA BLVD_, STE 215 6300 OWENSMOUTH AVE, 10TH FLOOR ENCINO, CA 91316 WOODLAND HILLS, CA 91367 Labor and Materials Bond 2 Last Modified: April 22, 2009 A e t to 995MO(a) Code of Civil Pr0c9durG cer0catPu . rquan DEAN g;L(GAU-- , Count,y Cletk of the COLInt 1, r said CoA slifomia, in and fo of St3je of c D d—tiEk'E-ji�CER"TIFY THAT 00 e California ty inanOS in the Department of okeri, canceled, ......................... aonufled, WIAWW hezitutl(() Sel MY hand and affixed the Seal Of In jl"Elwurvkxdy said county On OIWAA�C- COUNTY CLERK BY Deputy CUUWAY Cielk K BRAD 4:)`88 �� ORNIA ALL -- PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On JAN 8 5 2013 before me, JAN MICHELLEITVOTA Y PUBLIC DATE NAME„ TITLE OF OFFICER Personally appeared S ILO LEE LOSINQ NAME(S) OF IGNER� ) 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. hand and official seal commission o 99 2 Nur ry public . Calif'r to LOs An ales aunty Comm. Expires Jul 3, 2015 E OF NOTARY NOTARY SEAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On bef e me, Date -d TIRW-01111 the ffiter personally appeared 111�?Velyk —kL A y-A A �-4 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 PATRICE DUPRE 5 he/she/they executed the same in his/her/their authorized Commission # 1848326 capacity(ies), and that by his/her/their signature(s) on the Notary Pubtle - California instrument the person(s), or the entity upon behalf of Los Angeles County which the person(s) acted, executed: the instrument, y Comm. Expires May 27. 2013,=,,* I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myft?6d arOWGial' seal, Place Notary Seal Above Signature—/ t-�77ZLLV 30-1-1-1001 Notary Public-- - OPTIONAL - " , I Though the information bftw is not required by law, it may prove valuable to personlIelying on the document and could prevent fraudulent removal and reattactiment of this form to another 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 Individual C1 Individual . . . ...... El Corporate Officer —Title(s)�� -3 e .......... L❑ Corporate Officer —Titl (s): El Partner — 0 Limited 0 General Vln= MUM I El Partner — " Limited 0 General • Attorney in Fact 0 Attorney in Fact • Trustee Top at thumb here D Trustee Top oll thumb here El Guardian or Conservator El Guardian or Conservator El Other: . . . ....... . . ..... — 77 0 Other: Signer Is Representing:_ . . . . . . ..................... Signer Is Representing:— . . ....... . . ... ..... 02007 National Notary 438 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan ATTORNEYPOWER OF KNOW ALL BY THESE PRESENTS: Thal THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Stale of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Shilo Losino, Stephanie H. Shear, Jan -Michelle Rivera Contractors Bess Insurance Services, Inc. Its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and ampty, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of theBy-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held an the 312` day of December„ 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: To appoint Attomey(s)-In-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and To revoke, at any time, any such Attomey-In-fact and revoke the authority given, except as provided below 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 Attomey-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 Attomey4n-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Departrrient of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same fore and effect as though manually affixed. *,6G IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee r Notary Public, State of Michigan Company of North America USA offices the day and year above written. 1� County of Oakland �J My Commission Expires February 27, 2018 �r Acting in Oakland County I, Randall Musselmen, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. W IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of JAN $ 5 2013 � 1!-1 Randall Mussetman, Secretary