HomeMy WebLinkAboutHardy & Harper - 2016-06-20RECEIVED by
7�,
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
LD
TO: City Treasurer
FROM: City Clerk
DATE: A / — -15- -
SUBJECT: Bond Acceptance
1 have received the bonds for V (company Name)
CAPITAL PROJECTS (includes CC's and MSC's)
Performance Bond No.
Payment Bond (Labor and Materials) Bond No.
Warranty or Maintenance Bond No. 419 9 1171
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No.
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No. Approved
(Coun6il Appr6val Date)
CC No.
MSC No.
Other No.
g:/forms/bond transmittal to treasurer
Agenda Item No.
City Clerk Vault No.
SIRE System ID No.
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
IJB
Fe
DATE: 12/19/2016
TO: THOSE LISTED HEREON
FROM: Jim Escutia, Contract Administrator P
SUBJECT: Retention Release Payment - PO#219090J Supplier#19125 Co.#207
Nichols Lane Rehabilitation, Project # 1532
Contractor's Name: HARDY & HARPER, SANTA ANA
Address: 1312 E. Warner
City, State and Zip Code: Santa Ana, CA 92705
Phone Number: 714 441-1851
City Business License Number: A01 1016
Notice of Completion (Date by City Clerk): 9/27/2016
The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day
waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is
recommended so long as no stop notices or outstanding invoices are on file with the City.
I certify that no stop notices are on file.
J;Z-JQ-7,6LL
LL-- Date
I certify that there are no outstanding invoices on file.
Date
Travis K. Hopkhs, Director of Public Works
ks, Deputy City I reasurer
I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office.
/ - 5 - 4C
Date
Robin Estanislau, City Clerk
Attachments
1. Notice of Completion
2. Maintenance Bond
3. Certificate of Compliance with Prevailing Wage Laws
4. Contractor's Certificate
5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972
6. Consent for Release letter from the Surety Company
Bond No. 7649907M
kAt A i N TE: N A N C 2 B .0 N E 1;
KNOW ALL PERSONS BY THi---SE PRESENTS:
That Hardy& Harper, Inc. (con.tractor's.narne)
1312 E. Warner Ayenue S�!nt ',A 92705
(confractor�s street address, cirty nrid state and zip code)
as Principal (hereinafter called Contractor), and:
.F.-Idelity and Deposit Company of Maryland __ (surety's name)
777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017
(surety's street address, city and state and 2:fp code)
a corporation organized and existing under the lavis of the State of Maryland — with its principal office
in the City of Schaumburg, IL as Surety (hereinafter called Surety), are held firmly bound unto CIT-Y OF
HUNTINGTON BEACH as Obligee (hereinafter called 6�,�her), in t . he amount of
Dollars (s 671,478.8 ), equivalent to the entire
contract amount, including all orders, for the payment whereof Contraclof and Surety bind ther-nselves, their heirs,
executors, administrators, successors, and assigns,jointly and several[ firmlybythese presents,
*Six Hundred Seventy One Thousand Four Hundred Seventy Eight and 85/lffo
WHEREAS, Surety� is a duly admitted surety insui er under the laws of the State of California: and
Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able lo provide proof of bonding
firriftation shown in sala circular is sufficient to provide bonds in the amount required by said Contract; and
Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, Standard
& Poor's, to Validate that Surety has positive ratings of being secure or stable; and
Surety is registered and listed with die Calilornia Department of Insurance; and
Contractor has by written agreement dated June 22, 2016, entered into a contract wifh Owner for the
Nichols Lane Rehabilitation Project CC 1532 -
in accordance
with drawlngs and specifications prepared by N/A which contract is by
reference made a part hereof (hereinafter referred to as the Contract): and
i he Contract provides that the principal �%Jll guarantee, for a period of one year, the work performed as part of the
Contract from and against all defects in materials and workmanship; and
The Contract also provides that the Contractor shalt secure Contractor!s obligations during Me one-year period with a
bond executed by a surety duly admitted in the state of California; and
The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this
Guarantee and Bond shall be September 15, 2016,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that 11' Contractor shall, for a period of one
year frorn and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and
all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this
obligation shall be null and void; otherwise it will remain In full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by tbe Owner.
Whenever Contractor shall be, and declared by OWTI&T to be in. default under the Contract, the Surety shall, v6thin
thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly
complete the Contract in accordance with,its terms and conditions.
Surety shall save the Owner harmless lForn any claims, judgments, liens or losses arisitnq irom the Suretys failure to
either remedy the default or to complete the Contract in accordance vvith its teniis and conditions in a timely manner.
15-4584/118138 1
VVhenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include
without limitation, any breach or default of the Contract, then, after written notice from the Owner to "Ile 'Surety, as
provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and
faithfully take charge of the Wor-k and complete the Work in accordance with the requirements of the ContFac� with a
contractor other than the Princlipal, at its own expense, and make available as work progresses sufficient funds to pay
the cost of completion less the unpaid balance of the Contract including other costs and damages for which the
surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge
its obligations under this Bond shal[ be subject to the advance written approv2l of the Owner.
I/Vithin thirty (30) days after Surety's receipt of a vvritten notice from, owner of the failure of performance i)f the
Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the -Surety's
election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for peiformance ofthe Contract prornpily
by a contractor other than the Principal, time being of essence to, this Bond. In said Notice of Election, the Surety
shall state the date ot commencement of its cure or rem, edy of the Principal's default(s) or its performance of the
Contract. The Surety's obilgationsfor cure or remedy, "include but are not limiled to; correction of defecClve work and
completion of the Contract, additional legal, design profe�ssional and delay costs a6sing from Surety's actions or
failure to act: and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non�performance by the Princip2l). The Surety shall give prompt -.,vritten notice to
the Owner upon completion ofthe cure or remedy of the Principal's default(s) of its performance of iie Contract, I
if the Surety does issue its Notice of Election and does not proceed to c-ure or remedy the Principal's default(s) of its
performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed
to be in default on this bond, and the . Owner shall be entitled to enforce any remedy available to Owner.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named
herein or the successors of Owner.
Signed and sealed this 4th
Prindpal Raised Corporate Seal
[mUST BEAFFIXED]
Principal Raised Corporate Seal
[NI U ST B E AFFIXED]
NOTES -
day of November —2016
1, Acknowledgmerits. must be ��ompleted and returned
as par, of the bond.
2. Raised Corporate �Seals are mandatory.
3. Please attach Power ofAftorney.
Hard & e Inc. Z" ell
i'Co actor ITIO/
(Seal)
Steve Kirschner
Vice President
(Title)
Fidelity and Deposit Company of Maryland
15-4584y] 18138 2
(Seal)
Arturo Ayala, A ifiey-in-Fact
APPROVED AS'TO��bRK.---
Mchae[ E. Gates, City Attorney
70
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 Orange
On November 4. 2016 before me, Tina Pham, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Steve Kirschner
Nam# of Signel
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(8) js/axe
subscribed to the within instrument and acknowledged to me that he/sKe/tlley executed the same in
his/her/t�)eir authorized capacity(ii�t), and that by his/hxr/t�)eir signature(g) on the instrument the person(R),
or the entity upon behalf of which the person(x) acted, executed the instrument.
TINA PHAM
COMM. #2149384 m
L%NCotary
QMy
. U)
Public -California 0�
ORANGE COUNTY
y Comm. Expires Apr 17,2020
-------------
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signatbl,re of Notary Public
I OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Maintenance Bond Document Date: November 4, 2016
Number of Pages: 2 Signer(s) Other Than Named Above: Arturo Ayala
Capacity(ies) Claimed by Signer(s)
Signer's Name: Steve Kirschner
[0 Corporate Officer — Title(s): \/ice Prp-iripnt
E1 Partner — El Limited El General
El Individual E1 Attorney in Fact
El Trustee El Guardian or Conservator
E1 Other:
Signer Is Representing:
Hardv & Hamer. Inc
Signer's Name:
- El Corporate Officer — Title(s):
E1 Partner — El Limited El General
E1 Individual E1 Attorney in Fact
E1 Trustee E1 Guardian or Conservator
E1 Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1 -800-876-6827) Item #5907
11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T
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 11/4/16 before me, Susan Pugh , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Arturo Ayala 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.
N
I certify under PENALTY OF PERJURY under the laws of
rnia P,
the State of California that the foregoing paragraph is true
y
and correct.
Witness my hand and official seaL
Signature
Place Notary Seal Above Signature of Notary Public ��usan Pugh
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 11/4/16
Maintenance Bond
Signer(s) Other Than Named Above".
Capacity(ies) Claimed by Signer(s)
Signer's Name: Arturo Ayala
[] Individual
[] Corporate Officer —Title(s):_
[I Partner D Limited [I General
Attorney in Fact
Trustee
Guardian or Conservator
[] Other:
Signer is Representing'.
Number of Pages: Two
Signer's Name:
[] Individual
F-1 Corporate Officer —Title(s):
Partner [I Limited El General
Attorney in Fact
F-I Trustee
Guardian or Conservator
Other:
Signer is Representing:
Bond No. 7649907M
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and
Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARY-LAND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016.
ATTEST:
BY
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL
Oil %
Secretary Vice President
Eric D. Burnes Michael Bond
State of Maryland
County of Baltimore
On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL
BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate
Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY V�HEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
0)"
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA-F 012-0079B
RECEIVED BY:
(Name)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: City Treasurer
FROM: City Clerk
DATE: 4 / - -6 - 17
SUBJECT: Bond Acceptance
I have received the bonds for
V-
CAPITAL PROJECTS (includes CC's and MSC's)
Performance Bond No.
Payment Bond (Labor and Materials) Bond No.
Warranty or Maintenance Bond No.
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No.
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No.
CC No.
MSC No.
Other No.
g:/forms/bond transmittal to treasurer
(Company Name)
Approved
Apprbval Date)
Agenda Item No.
City Clerk Vault No.
SIRE System ID No.
,-(,�rtificatiori of Compliance iAilh Prc�vaili,ng Wag,- La-vvs
To.- City of Huntington.'Reach
Department of, P Liblic Works
n
2000 Main street/p,0. Box 190
Huntington Beaoh, CA 92648
Re:
Certification ofCompli.mAce with Prevailing Wage Lav,,s
NichoLs Lane I�ehabjlitat]on - CC1532
proje(",v Ni.chols I,ane Rehabilitation - CCIS32
- ------------
The undersigned. contractor on the above-referenced.prqj ect ("Project") hereby certifies that all
laborers, mechanics, apprentices, trainees. xatclluiien and -guar& employed by him or by any
sabcoxitractor performing work under the' cont,raafor the Project have been paid pursuam to the
minim.Lun wa.,ge. and borid.fid e ftinge benefitrequiremehis specified for each particular
classification of work, as setforth in.the wqge�rate deteri-ninations of the Stale of Callfbind . a,
Department of Ind,ustrial Relations. md.Ior the United States Departnicrit of Labor.
1 declare underpenally ofoerjury under thc, laws of the State of Califonda, that the foregoIng is
true, and correct,
Exocuted this ----4 ------- _day of
16 Santa Ana
�20 alifornia.
Hardy & Harper, Inc,
(G-0 I'll ractor JMaine)
APPROYEDA�-'.--To FOR-M
BY:
MipAiael E . Gates
City Attorney
CONTRACTOR �S CEILU IFICATE
Steve Kirschner d ceiti�v that:
state all
Hardy & Harper, 1nc. ts the pritral. contractor to the City of
T-hmdngf.on.BL�,ach ("City") on Contract -NO. CC1532
(the "Colitract")
for the coristructiori of the public -,vork of improvenient ciilltted-.
Nichols Lane Rehabilitation - CC1532
___(the �'Pf
A1.1 work to bc perfoi-tried pursuarit to thic CoritracA has been completed in accordancc
with. the:Contract Documents (m such temi is defined 11I.-the Contract).
for thc cla`rns ilisfed blelo�.\, and d)t disprited clainis listed W paragraph fivt (5), all
Except L
I)CTSMIS SLIpplying labor, services, niateri-als and, equipment to Lhe Pro
daimi�,,, apiast the coritraclor arlsing fiorn the perforrn.ance of the Cohtract� have been
paid ;uid sanis�. ed (list unPaid debts and claims; If none, mirlte "NONTE"):
NONE
aivers required by the Contract Docurn t , which hen
I A.1tached hereto are the I ie.n w, S,
walvers1have been execiit,'Aby all p,trsons who.p(-,rfOrmed work on or supplied labor,
services,, materials, and/or equipmera for use at the Pr(&ct
Set forth betwx is a list of dispited clainis or clai.m- s that art, die subject of a Notice to
Withhold filed pLinuarit to the CIVil Code of the - Statc� of California (list all disputed
clairn,;; if none,-vvrite "NONE"),
NONE
1 d-CCIAUe UndeT penalty of pe 'my LmdQx the laws oft�e State of (-'alifbi-riia �h.�it thc foreu()111�
is
true and correct.
Executed Lit Santa Aria, CA on this day, of o�v� e �mb 16
is
— --- — -------
AF"PROVED AS,
Gates
1
Certific,ation of Conip).jan,ce vnh Title VII oftht Civil Rights Act
and Equal Di-iployiiient OPP0.1-tUnity Act of 1972
TO: City of H-untingoil Eleach
Dtparty-n-ent of Pubhc VWorks
200O.Main Sti-Let/RO—Sox, 100
1-fi.nitington,Bcach, CA 92648'
R.'2: Certificalfion ofConipliancz. \vIthTitle �Vll of the Civil Riglrits Act
mict Equal. Employment Opportunity Act of 1972
ce-ntiact: Nichols Lane Rehabilitation - CC1532
Proi ect: Nichols I.,ane Rehabilitat�ion - CCIS32
1"he undfrsientd contractor oil the, above-rcferenced prc�ject ("Pi-ojJect").hcrcbY cortifies thpt it
11a2l, complied vvid-, title VII of the Ci%,11 Rights Act, the Equal OpPortiniit�.` Act of 1972 Wid
E�.-Kec-utive Order '11246, and has not discrim.in*cd agairist any ornploy(te orapplic.�.int for
(311ployment btcal,isc. of rac;e, color, religlo.n, stX, SC),11al Orlclltafion� gender identity,na tional
on cril.i., a Tkie undersicned contractor also certifies that 'I has not maintaincd an)
ge or disabi
segregated fa.cifi ties at its esiablishmeilts on. the basis of race, color., r-�Iligjoti, sex, scyu,-A
orienlat on, gender identity national oripiu, age ordisability (,A!ith the exception of dccess for the.
disabled).
I dc.clarc undor penalty of perjury under tb,e laws of the State of California that the fbregohlo is
true and con-cci.
Executed tI-Js 4 day ()f November 6 Ana
20--- 1 _,at ____�2n
-I-Iandy &. Harper, Inc
(Confractor Name)
ATPROVED A-S`T-,�.) FORM
.............
By:
CONSENT OF SURETY TO REDUCTION IN
OR PARTIAL RELEASE OF RETAINAGE
Conforms with the American Institute of
Architects, AIA Document G707A
TO OWNE'R:
(Nalne and address)
City of Huntington Beach
2200 Main Street
Huntington Beach, CA 92648
PROJECT:
(Nanic aml
Nichols Lane Rehabilitation Project CC 1532
Bond No. 7649907
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
ARCHITECT'S PROJECTNO:
N/A
CONTRACT FOR: Asphalt Paving
CONTRACT DATED: June 1, 2016
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(fimert name mut address of Sitre4)
Fidelity and Deposit Company of Maryland
777 S. Figueroa St., Suite 3900
Los Angeles, CA 90017
on bond of
(Insert name and address (?/ ( 'ontrac ior)
Hardy & Harper, Inc.
1312 E. Warner Avenue
Santa Ana, CA 92705
hereby approves the reduction in or partial release ofretainage to the Contractor as follows:
Release of Retention
, SURETY,
,CONTRACTOR,
The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to
(Insert name and address of Ovvner)
City of Huntington Beach
2200 Main Street
Huntington Beach, CA 92648 OWNER,
as set forth in said SUretv's bond.
IN WITNESS WI-11"REOF, the Suretv has hereUntO Set its hand on this date: December 1, 2016
(Insert in,vraing the month foflo,� ed by the inameri, date andyear.)
Attest
(Scal):
S-21331GEEF 12/00
Fidelity and Deposit Company of Maryland
(Signature afauthorized representative)
Dwight Reilly, Attorney- in -Fact
(Printed naine and line)
FRP
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 December 1, 2016 before me, Susan Pugh, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly I
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.
SUSAN PUGH
WITNESS my hand and official seal. COMM. #2105405
Notary Public -California
ORANGE COUNTY
MY Comm. Expires Apr 29, 2019
Signature
Susan Pugh
(Seal)
Bond No. 7649907
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and
Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and under -takings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016.
ATTEST:
By
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
g 00-0, p4l S(,.
SEAL
0
U_ Igoe ;t-,
Secretary Vice President
Eric D. Barnes Michael Bond
State of Maryland
County of Baltimore
On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL
BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate
Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA-F 012-0079B
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15tb day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5tb day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this Is t day of December 120 16 .
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SEA
...........
Gerald F. Haley, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056