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CONTRACT 4614 Other CLOSEDContract Number: 4614 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND KARABUILD DEVELOPMENT, INC This contract is entered into this 4th day of June 2014, by and between the City of El Segundo, a general law city and municipal corporation ("the City") and Karabuild Development Inc. ("the Contractor"). 1. WORK: A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will 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 perform and bomplete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders§; Supplementary Instructions to Bidders; Proposal; this Contract; Standard`, Specifications; Supplementary Conditions; Exhibits; Technical Specifications; ' List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice I 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 One Million Sixty -One Thousand, Four Hundred Ninety -Three Dollars and No cents ($1,061,493.00) 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 within the time specified in the Contract Documents (the "Contract Time.") Residential Sound Insulation Program I Group 53 Construction Contract (06/04/2014) Contract Number: 4614 B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor shall not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and i. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. 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. E. 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. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 6. 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. 7. 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. 8. 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 limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 9. 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 Residential Sound Insulation Program 2 Group 53 Construction Contract (06/04/2014) xT y Contract Number: 4614 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. 10. 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. 11. 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: The City Thomas W. Gray City of El Segundo RSI Program 333 Main Street, Unit A El Segundo, CA 90245 The Contractor Ara Karajerjian Karabuild Development, Inc. 17337 Ventura Boulevard Unit 215 Encino, California 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. 12. 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. 13. 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. 14. 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 Standard Specifications. Residential Sound Insulation Program 3 Group 53 Construction Contract (06/04/2014) Contract Number: 4614 15. 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. 16. 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. 17. 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. 18. 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. 19. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 21. COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENT This is a federally assisted construction contract and Federal labor standards, including Davis - Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. [Signatures on next page] Residential Sound Insulation Program 4 Group 53 Construction Contract (06/04/2014) Contract Number: 4614 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: A general law q6ty and municipal corporation. Greg City/ ATTEST: By: ( Tracy Weaver City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTO Karl H. Berger, Assistant City Attorney CONTRACTOR: Karabuild Development, Inc. By:.. .. Ara 1a lerjian Presi ent Taxpayer ID Number Contractor State License Number Contractor City Business License Number e0-04PKA331:7- ,3v? -7 90 Residential Sound Insulation Program 5 Group 53 Construction Contract (06/04/2014) City of El Segundo Residential Sound Insulation Prorairr. , FAITHFUL PERFORMANCE BOND Bond No. 12101307 Bond Fee: $10,492.00 KARABUILD DEVELOPMENT INC. as principal ("PRINCIPAL") and THE GUARANTEE COMPANY OF NORTH AMERICA , a corporation incorporated under I'll 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 ONE MILLION SIXTY ONE THOUSAND FOUR HUNDRED NINETY THREE AND NO/100THsdollars ( 1,061,49100 (words) 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 forth in this bond, Contract Documents for Group 53 (RSI 14 - 03 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 1. 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 1 Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation 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. 7. 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. 8. 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 12TH NOTE: day of JUNE , 201 HMO 0 THE GUA ,ANTEE COMPANY OF NORTH AMERICA 7URETY SHILO LEE LOSING, ATTORNEY -IN -FACT ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address KARABUILD DEVELOPMENT INC. 17337 VENTURA BLVD., SUITE 2.15 ENCINO, CA 91316 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 State of California > CALIFORNIA ALL-PURPOSE County of ........ CERTIFICATE OF ACKNOWLEDGMENT �C-i- On ji&e......... _ _._... before me, (here Insert name and title of the of y a,.r,8 personally appeared ---- 1 All a who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Wshy/they executed the same in his/:der/their authorized capacity(ies), and that by Wh,dr/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, y hand and official seal. Signature OPTIONAL INFORMATION :Notary MI 'QbSh�(' ' #1934767 Public - CaliforniaAngeles bounty Ito 0 (Seal) Although the informax`ion in rhis section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an ur"wterhorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledge ent Is attached to a document titled/for the purpose of r am. A' C T -- containing dat:dpa es, and " .._.... n__.... �.............. . The signer(s) capacity or authority is/are as: ❑ Individual(s) [ (a po ate Officer(s) P {� t¢thtV p ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Prover) t ne on the basis of satisfactory evidence: LI" t)rurkg5) of identification 0 credible witness(es) Nouuial event is detailed In notary pournal om Page if Eniry o Notary contact:P' Other ❑ Additional Signers) Iner(s)Thumbprint(s) 0 Copyright 2007 Notary Rotary, Inc, 925 29th St, Des Moines, IA 50312-3612 Form ACK03.. 10/07,. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www,notaryrotary.corn THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTOIC14EY 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, Inc. its true and lawful attorneys) -in -fad 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 mower 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 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(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 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. 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. 4. 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 -Fad 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. 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 A 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 Notary Public, State of Michigan Company of North America USA offices the day and year above written. r t County of Oakland r, My Commission Expires February 27, 2018 r rN rt�a' Acting in Oakland County 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. 0,0 IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of JU N 12 2014 RandallMusselman, Secretary f%A1 irnRtiie Al i _ P1IRPnS1= ACKNOWLEDGEMENT State of California County of Los Angeles On JUN 12 2014 DATE before me, JANI I'IPIICHELLE RIV'ERA NOTARY PUBLIC NAME,, TITLE OF OFFICER Personally appeared SHILO LEE LOSINO p 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. WITNESS my hand and official seal. JAN MICHELLE RIVERA Commission # 1939902 !- � Notary Public - California Los Angeles County My Comm Expires Jul 3 2015 NOTARY SEAL City of El Segundo Residential Sound Insulation LABOR AND MATERIALS BOND Bond No. 12101307 Bond Fee: INCLUDED ._. KARAEU 1,LQRIVIE.NT INC. ____., as principal ("PRINCIPAL") and THE 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 ONE MILLION SIXTY ONE THOUSAND FOUR HUNDRED NINETY THREE AND NO/100THSdollars ( 1 061u49100 ), (words) 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. 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 53 (RSI 14 - 03 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 1. 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 (" BSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond 1 Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation Program 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 12TH day of JUNE 2014 THE GU R 'NTEE COMPANY OF NORTH AMERICA L RETY LEE LOSING, ATTORNEY -IN -FACT NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address KARABUILD DEVELOPMENT INC. 17337 VENTURA BLVD., SUITE 215 ENCINO CA 91316 Labor and Materials Bond 2 SURETY's Mailing Address THE GUARANTEE COMPANY OF NORTH AMERICA 6300 OWENSMOUTH AVE. 10TH FLOOR WOODLAND HILLS CA 91367 5'e. Last Modified: April 22, 2009 State of California ) CALIFORNIA ALL-PURPOSE County of 9 S A,) CERTIFICATE OF ACKNOWLEDGMENT On---f' before me and title yiictrti Haa,aw"s°rt nar°nt! personally appeared _ A C __ ' A ._�.. �� T__YT_._A Is who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iOare subscribed to the within instrument and acknowledged to me that /s/Wthey executed the same in IMP /Wr/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. WITNES5,my hand and official seal. S. I' HAMOUSHI COMM. #1934767 Z M Notary Public - California o Z Los Angeles, County Comm. Expires' a , 2015 Signature: (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document he ing Tp .::. document t tled/fordthe Certificate uroseof f Acknowledgment Is u�'-ached to a �oc o� containing- pages, and dated �u.---- .IL ( ....._.I The signer(s) capacity or authority is/are as: ❑ Individual(s) 1,j M coney -in -Fact tr ..orpawrateOfficer(s) y.. .��✓�-----..:.. TdCtla 0+P .......... ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other. representing: _ _ ........................-.......................Name(s) of Person(s) or Entity(ies)....m.m.,in�.....,._. Signer is ...... �es..enting Method of Signer Identification Proved tt was on the basis of satisfactory evidence: L(,,,` ttynabfx) of identification 0 credible witness(es) Notarial 1 vaunt is dns�a 9 tf Hsu i ��t� r�a ur ^iai ran; Page i) C rail ri Notary contact: f , Other ...onal Si ner(s) ,{tprua;.r...../ ..ma --------- ❑ Additional g fs)Thumbprint(s) 0 Copyright 2007 Notary Rotary, Inc. 925 29th St, Des Moines, IA 50312-3612 Form ACK03. 10/07. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www, notaryrotary com THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY 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, Ina its true and lawful attorney(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 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. 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, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fad and revoke the authority given, except as provided below 3. 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. 4. 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. 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. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and f its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA A eA ^ 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 Notary Public, State of Michigan Company of North America USA offices the day and year above written. �yr County of Oakland My Commission Expires February 27, 2018 „ �s Acting in Oakland County 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. �r IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of JUN 12 2014 'too A" " Randall Musselman, Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On --jUHJbefore me, JAN', I ICHELLE RIVERA NOTARY PUBLIC DATE NAME, TITLE OF OFFICER Personally appeared SHILO LEE L. SINO 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. WITNESS my hand and official seal JAN MIG HELLL RIVEGRA Notary PubHc - California mm Los Angeles County Comm, Expires y ,lut 3, 20,15 M7�, NOTARY NOTARY SEAL