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ALL AMERICAN ASPHALT (21)
Recording Requested By, � And When Recorded Mail To: Recorded in Official Records, Orange County City of Santa Ana,Public Works Agency M22 Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O.Box 1988 J1111 I'll[]ll1 1111 1111��llli�1J[11111 1111l 11111 1111111111�lll 1 I 111 Jill NO FEE Santa Ana,CA 92702 * $ R 0 4 9 2 5 4 0 <a 1 9 $ 202100011414210:07 am 02/18/21 48 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0,00 0.000.000.00 0.00 ___- U�,r.UNLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused c construction of EDINGER PROTECTED BIDE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) under contract entered into on OCTOBER 15 2019, with x ALL AMERICAN ASPHALT, on which contract FIDELITY AND DEPOSIT COMPANY OF Wo MARYLAND is surety. The property on which such work improvement was placed is in the o City of Santa Ana, County of Orange, State of California, and described as Project No. 17-6885 w 7 located at: EDINGER AVE FROM SANTA ANA RIVER TO BRISTOL ST. The work o o improvement on said property was accepted as completed on DECEMBER 23, 2020. � o LnU w o CITY OF SANTA ANA, A MUNICIPAL CORPORATION w z a by 0 Dated: 7 /11 Principal Ci En ineer—Jason Gabriel p� TITLE ------------------------ VERIFICATION 1, the undersigned, say: I am the City Engineer- Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on ir`v4✓ at Santa.Ana, California (Signature of individua)wearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION NOV 0 2019 CITY OF SANTA ANA 6122 CONSTRUCTION CONTRACT PROJECT 17-6885 �` � 4�°� EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL STREET 6)92t0lAd Atf [ATPL-5063(172)] This CONSTRUCTION CONTRACT is made and entered into this 15th day of October, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt(hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Edinger Protected Bike Lanes from Santa Ana River to Bristol Street Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. , 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Six Hundred Sixty-three Thousand Nine Hundred Six Dollars and No Cents ($1,663,906.00), as set forth and identified in the BID PROPOSAL,which is attached hereto and incorporated herein as Exhibit"A." rev.09/01/2017 Page 1 of 3 The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%)of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA 40 DAISY GOMEZ � - "` STINE RID 2 Clerk of the Council < � „� City Manager • ,! APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney All American Asphalt By: ' 114/- / -�-- J I FUNK NAME: 4. CI4"-LSaJ Assistant City Attorney TITLE. RECOMMENDED FOR APPROVAL: FUAD EISS, PE, PLS Executive, irector Public Wo s Agency Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 1 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.er validity of that document. State of California County of Riverside On October 3, 2019 before me, B. Royster,Notary Public Date Here Insert name end Title of the 0<fcer personally appeared Edward J. Carlson NameQt'of Signer(/r'— 7 who proved to me on the basis of satisfactory evidence to be the `� — �.�s� person(s) whose name(s) is/are subscribed to the within instrument e.ROYSTEN 1 and acknowledged to me that he/she/they executed the same in Notary Public-California ((( his/her/their authorized capacity(ies), and that by his/herthei; ^ Riverside county signature(s) on the instrument the person(s), or the entity upon behalf Commission k 2260352 of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WINE'S mhh nd n official seal. Si nature Place Notary Seal Above S nature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Construction Contract—City of Santa Ana Document Date: October 3, 2019 Number of Pages: 8 Signer(s)Other Than Named Above: John Funk, Assistant City Attorney Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual o Individual X Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s • o Partner 0 o Limited o General o Partner❑ o Limited ❑ eneral RIGHT THUMBPRINT RIGHT THUMBPRINT o Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here o Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As.halt r � City of Santa Ana Page 1 Edinger Protected Bike Lanes from Santa Ana River to Bristol St.AWL 5063(172)(17-6885),.bidding on September 18, Printed 0912a12019 Bid Results EXHIBIT A Bidder Details Vendor Name All American Asphalt Address 400 E,Sixth Street Corona,CA 92879 United States Respondee Augustine De Los Reyes Rsspondee Title Project Manager Phone 951-736-7600 Ext.265 Email augustIne.deiosreyes(r@allamericanesphait.com Vendor Type CADIR License# 267073 CA DIR Bid Detail Bid Format Eleotronic Submitted September 18,2019 1:56:16 PM(Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 189929 Ranking 0 Rsspondee Comment Buyer Comment Attachments File Title File Name File Type PROPOSAL 1-BID PROPSAL.pdf General Forms OWNERSHIP AFFIDAVIT SANTA ANA BID-OWNERSHIP AFFID--9-17.19.pdf Ownership Affidavit(Notary Public)-REQ Original Hard Copy Submittal In Addition BID BOND SANTA ANA BID BOND-9-17-19.pdf Bid Bond Guaranty(Notary Public)-REQ Original Hard Copy Submittal In Addition NONCOLLUSION AFFIDAVIT SANTA ANA BID—NON-COLLUSION AFFID---9-17-19.pdf Non-Collusion Affidavit (Notary Public)-REQ Original Hard Copy Submittal In Addition Line Items Type Item Code UOM Qty Unit Price Line Total Comment Base Bid Proposal 1 Unclassified Excavation` CY 2950 $89.83 $284,998.60 2 AC Pavement* TN 1490 $93.00 $138,570.00 PlanotBids,Inc. City of Santa Ana Page 2 Edinger Protected Bike Lanes from Santa Ana River to Bristol St.ATPL 5063(172)(17•6885),bidding on September 18, Printed 0 912 3/2 01 9 Bid Results EXHIBIT A Type Item Code UOM Qty Unit Price Line Total Comment 3 Cold MITI(2")" SF 110100 $0.48 $50,046.00 4 Raised Concrete Median(Including Dowels) CY 160 $781.00 $124,960.00 6 Asphalt Rubber Hot Mix" TN 1700 $114.11 $193,087.00 6 PCC Sidewalk(4") SF 11600 $6.67 $84,812.00 7 PCC Driveway Approach(Residential=6") SF 2500 $12.03 $30,075.00 8 PCC Curb Ramp SF 700 $5.62 $3,934.00 9 Variable PCC Curb and Gutter(Type A-2-8) LF 1600 $25.29 $37,935.00 10 Concrete Bus Pad SF 6100 $14.04 $55,644.00 11 Adjust Manhold Frame and Cover to Finished Grade EA 11 $949,00 $10,439.00 -12 Furnish and Install Water Valve Frame and Cover to Finished Grade EA 29 $579.00 $16,791.00 13 Relocate 1"Domestic Water Service EA 16 $4,613.00 $89,195.00 14 Adjust Pull box to Finished Grade EA 2 $627.25 $1,054.60 15 Furnish and Install Type E Traffic Loop Detector" EA 174 $237,00 $41,238.00 16 Furnish and Install Type D Traffic Loop Detector" EA 78 $258.00 $20,124.00 17 Furnish and Install Ty(e Q Traffic Loop Detector EA 15 $305.80 $4,587.00 18 Adjusting Pedestrian Push Button Assembly EA 2 $263.00 $526.00 PlanetBids,Inc. City of Santa Ana Page 3 Edinger Protected Bike Lanes from Santa Ana River to Bristol Si.ATPL 6063(172)(17-8885),bidding on September 18, Printed 09/23/2019 Bid Results EXHIBIT A Typo Item Code UOM Qty Unit Price Line Total Comment 19 2"PVC Conduit IF 60 $84.00 $5,040.00 20 Detector Lead-in Cable* LF 2600 $1.58 $3,950.00 21 Projeot Advertisement Sign EA 1 $1,169.00 $1,169.00 22 Signing and Striping LS 1 $325,897.00 $325,897.00 23 Labor Agreement Oversight LS 1 $10,000,00 $10,000.00 Subtotal $1,505,362.00 Add Alternative One 24 install Video Detection System at Mohawk Dr.&Edinger Ave. LS 1 $39,630.00 $39,638.00 Subtotal $39,636.00 Add Alternative Two 25 Install Video Detection System at Fairview St.&Edinger Ave. LS 1 $39,638,00 $39,638.00 Subtotal $39,636.00 Add Alternative Three 26 Install Video Detection System at Center St.&Edinger Ave. LS 1 $39,636.00 $39,636.00 Subtotal $39,636.00 Add Alternative Four 27 Install Video Detection System at Raltt St.&Edinger Ave. LS 1 $39,636.00 $39,636.00 Subtotal $39,030.00 Base Bid Asterisk Notes per P-4 of Specifications.NOT part of Base Bid Calculation 28 *=The quantity for this bid Item is shown for bid comparison only.This bid item shall not he subject to the"25%'limit as stated In Section 3-2 of the Standard Specifications, ea 0 0 0 29 t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal Total $1,663,906.00 Planetalds,Inc. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES EXHIBIT A FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) The lowest responsible bidder shall be selected based on the Total Base Bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 150 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,560 per// �ccaleendar day. f� Name of Firm ,4--a #Ai.rj/C. e A1 4jP`[14-cr-- cap. Signature of BIDDER T r�� I) ,�q� p ,,-� Title t�CL ,[ t Tf�-�- SC7- lin • (If an individual, so state. If a firm or co-partnership, state the firm name id give the names.of - all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) DIP J. eAtLSc3) VICE &S . N to ct F* ia4S, SOP-07n P-4 of P-18 • WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861,the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract, Signed: _��� py�, TT /��/�. e , , ` r/� D� ,�` Title: L:Y I/U kee d . l%I�141.-Sey0 �n//'a& 1 teS Firm: ;r17 iE Z-.f!ow 77 JPg-A-Lr Date: CemRPt 3 2ofl I _ I I /: _ . % / ti V.11�-- - : I-\ .. § k kk ' } ) § 1 @ Eka x ore ) e - Gu - - ' « zW Q \ ) 22 w \ z 2 / ) ° kk < )< . - II m0- ƒ E- E ! 2 J2 D2 . < k \ } . § a $ § 7 d 03 z td 4 r » ] - c < ° § e u K » « < < x $ i F 0 a U / H S k ' j co H . / o � k / § ) co 1 2 2 \ . - § ] 2 m 0 om e \ \ R < 0 \ \ ƒ c\ " m aj 6 ° F, - c w X § mc . w $ 14.1 0 e'§ \ o 1- Ui / \ § Ca < w Q § , CO CI NI / / F j Ca m - • . 22B - I \ m § z ° q' ! £ 5 , 22 § ) C- , POSED T mr iuiri ,lark-Recorder~ra as N4M11�y ' 111 IIIIIIIIII III IIIIII 1 III NOFE NOV 09 2017 * $ R 0 0 0 9 6 9 6 6 0 * • 231785001168 2:32 pm 11/09/17 ORANGE COUNTY CLERK• 'CO iD • •EPAITTMENT 366 0R03 ZO1 c1Y. + DOIJTY 0,00 60,00 0,00 0.00 0,00 0,00 0,00 0,00 MAYOR '• §;y CITY MANAGER 1 Miguel A,Puildo w• e, r,?,t,,,,, Raul Godlnez II MAYOR PRO TEM CITY ATTORNEY Michele Martinez {1hk Sonia R.Carvalho COUNCIL MEMBERS a •�� CLERK OF THE COUNCIL P.David Benavides Made D.Huizar Vicente Sarmlento Jose Salado "r. Sal TlnaJero l'. Juan Vlilegas CITY OF SANTA ANA .,, PLANNING f BUILDING AGENCY 20 Clvtc Center Plaza(M•20) P.O.BOX tens.Santa Ana,California 02702 (714)607.2700 it Fax{714)G73-1481 r"" www.santa•ana.org NOTICE OF EXEMPTION IQ From the Requirements of the California Environmental Quality Act(CEQA) Fee Exemption per California Government Code Section 6103 I^^^��� To: COUNTY CLERK From: City of Santa Ana J County of Orange Planning &Suilding Agency I. P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Edinger Ave Protected Bike LN ATP-5063(172) Date of Approval: 11/30/2017 Project Number(s): PWA-2017-1747-CITY Project Location: 1 CityWide(Partial) City: Santa Ana County: Orange ER Number: ER-2017-137 Project Description: Work Includes Installation of about 1.7 miles of protected bike lanes and some pavement work,traffic signal modification and minor PCC sidwewalk. Applicant Name: Monica Suter, City of Santa Ana Applicant Address: City of Santa Ana, 20 Civic Center Plaza SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Suter, Monica Exempt Status: Ministerial(Sec. 68) C Declared Emergency(Sec. 15269(a)) FI L E Q 0 Emergency Project(Sec. 15269(b through e)) El General Rule(Sec, 15061(b)(3)/(5)) NOV 0 9 1017 El Statutory Exemption: I71 Categorical Exemptiort 15301(c)& 15304(h) DRANGECOUNTYCLEe •REC•••• DEPARTMENT Reason(s)Why Project Is Exempt From CEQA: 15301(c), 15304(h), constructing bicycle lanes on existing right of way. B'C r,MriEPury City Contact; E wwrd A Torres Telephone: 714)647-5018 q Signature: ( l tea Title: 4f� 04-` � t Date: ��� / l SANTA MA CITY COUNCIL Miguel A.Pundit Whole Martinez , Vincente Sarraiento Jose Saluda P.David Benavides I Juan Vlllegaa Sal Malin Mayer MayotPre Tem,Ward 2 Ward Ward Ward e I Ward S Ward 6 a7,ggljdossainsaanacra inAaadirntasantaana otg vsarmlemeiteeent.enanm; tpgJ9,do(gltenmanoero dbanavldeu@aanta-anjsig lJshast rat4cypaseastiDalsraGsnsm oro THE REGISTER ❑m 4,4k u IN Iling slump only 2190 TOWNE CENTER PL,ANAHEIM,CA 92806 Telephone(714)796-7000 /Fax (714)796-6059 C.NS//: 3289296 NOOTffIC.Ify{ 47QR$1S HEREBY GIVEN e N TO Ihot the City of Sonia Aim will Nd I y receive Blds GI EN t1haat I ty. electronically via Of� onto. atwitter - { PlanetBidson or IOW f6 before:0 : the hour ,, ,PlanetBldson or be- o:00 pm, - PROOF OF PUBLICATION Se tether ember 18, 1019l BOO Bp'hpBe�hgUr' a1� bid submittal will be bor 10 2019. o'otliiteyl accepted for: method of bid s m t.I, PROJECT NO.:17- !al will be acceptedI (2015.5 C.C.P.) 6885 for: EDINGER PROJECT NO.:17. PROTECTED BIKE �BB� State of California ) LANES EDINGER PRO- County of ORANGE )55 FROM SANTA ANA TEc�TppED BIKE BRISTOL ST. FROMSANE1'�A ANA ATPL-50631172) RIVVER TTO BRlgTOL Notice Type. BID-NOTICE INVITING BIDS Al`Plaits and ST ATPLS0Wf172)'. specllcafone ore Ali P(mq anCeP now available on Bwc�licannet,p ate Plor further now oven le on Per further lion, Ad Description: Information on how f rrlhe Ids. to register as For fu tier lnfor q EDINGER PROTECTED BIKE LANES:SA RIVER TO BRISTOL vendor with Pe ton on how to reale* refer to: 'osa vendor W http://www.saefa- refer to: ana.orre/flnance/bid hRp:/Aywwsq fag ding fnfermation,a na•orrygrylinan iddl I am a citizen of the United States and a resident of the State of California,I am sp oil Informal onasp Do not call DO" call Pure**. Purchasing the age of eighteen years,and not a party to or interested in the above ino o vision rsaard- PgaringPn Ine Public Works entitled matter.I am the principal clerk of the printer and publisher of the THE regarding Public Pk t�e�c6tr� Works Agency g( IaC : i REGISTER,a newspaper published in the English language in the city of pks Age. ncyyge In SANTA ANA,county of ORANGE,and adjudged a newspaper of general Scope of Work: of sidewalk;. ccuarb circulation as defined by the laws of the State of California by the Superior re locement of MVP`Gib 'aut)er, Court of the County of ORANGE,State of California,under date 11/19/1906. sirtewalk, curb LOIri[[pog(nB,Xcovu. Case No,A21046, That the notice,of which the annexed Is a printed copy,has dYIVOW curb &guitar,gutter, ov- al G replacements:of been published in each regular and entire issue of said newspaper and not in excavation,grading, asphalt concrete anysupplement thereof on the followingdates,to-wit: removal a Paament and'port. Pp asphalt to ana cement melons, pavementpavet concrete �" l4 and elan•. tiereand concanu Cement la .,v1 mcoedians, pcc �^^ dredieaio re i no delineators, and u Pro-bid Rib signing astriPing, walk Contiaar�ffor's I• 08/30/2010,09I04/2019 e Job apem1 R Nremcn Meeting: There Is Bf •4Rr no scheduled pre.bld Iriiml • lob walk �orn G U10%°A• on- Requirements:License F. d teeter s license. Prior to Old opening, rip accOrl�neeCfwith Bidders must the prop0 My Labhe possess or obtain a €OQrornia L valid California e,prevailing wage Executed on:09/04/2019 Class A" rat 9a tiv. At SANTA ANA,CA contractor's acccordance with CN the provisions of q the 1 H R Cl TER 09031 I certify (or declare) under penalty of perjury that the foregoing Is true and Codeornia prevailing - correct wage rates apply. 8/30,9/4/19 THE REGISTER Atia/ —" Signature Email HI 11/ A111111111111 I 11111111s I HID I III III II Bond No. 7661790 Premium: $6,572.00 CITY OF SANTA ANA Premium is for contract term and is subject BONDS to adjustment based on final contract price PROJECT NO.: 17-6885 Executed in:2 Counterparts EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that All American Asphalt , as CONTRACTOR, and Fidelity and Deposit Company of Maryland , a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Six Hundred Sixty Three Thousand Nine Hundred Six and 00/100 Dollars ($1,663,906.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated October 15, 2019 for Project No.17-6885-Edinger Protected Bike Lanes From Santa Ana River To Bristol St.ATPL-5063(172), if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15th day of October , 20 19 . CONTRAC OR*All American Asphalt -400 East Sixth Street, Corona, CA 92879-Phone (951)736 7600 btu Ti C414.L. OAvt v.P. SURETY*Fidelity and Deposit Company of Maryland-777 S. Figueroa Street, Suite 3900, Los Angeles,CA 90017 - �in1Q—Shirlia David Wei (213)270-0600 Rebecca Haas-Bates,Attorney-in-Fact Subscribed and sworn to before me, **Please See Attached** , this day of , 20 . Signature: Notary Public in and for the County of , State of Rate of premium on this bond is $ 3.95 per thousand. Total amount of premium charge is $ 6,572.00 . To he filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Riverside On October 9, 2019 before me, B. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Nameoef eigner ria"d646-a"6"116416-46-""ffil. who proved to me on the basis of satisfactory evidence to be the B.ROYSTER person(s) whose name(s) is/are subscribed to the within instrument Notary Public-California and acknowledged to me that he/she/they executed the same in t Riverside County L Commission✓<2260352 his/her/their authorized capacity(ies), and that by his/her/their My Comm.Expires Oct 26,2022 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 forgoing paragraph is true and correct. WITNESS my nd official seal. Signature Place Notary Seal Above Signs re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond—City of Santa Ana Document Date: October 15, 2019 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer—Title(s): Vice President ❑ Corporate Officer—Title(s):o Partner L o Limited ❑ General o Partner I_ o Limited o Gen re RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As.halt 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 10/03/2019 before me, A.MacFarlane,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name( of Signer who proved to me on the basis of satisfactory evidence to be the persons} whose name(s). is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iis),and that by hia her/iheir signature$on the instrument the person(,. 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. A.MACFARLANE e Notary Public-California z "�'•-_ Orange County n Commission#2188592 Signature My Comm.Expires Mar 27,2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No. 7661790 Document Date: 10/15/2019 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual 2CAttorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 02014 National Notary Association •www.NationalNotary,org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-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 attorneys-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 attorney-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 I, 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 MI 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 15th 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 Attomey...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 5th 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 10th 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 15th day of October , 2019 , fls der irA igAG l toga '�`'�4.. . By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 PRF7661790 Bond Number Oily of Santa Ana Obligee 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 Rebecca Haas-Bates , 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 undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as filly 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 15th day of October ,AD. 2019 G IF AN 04#a fit\:1 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President q 1, two,— By:By: Dawn B.Brown Secretary State of Maryland County of Baltimore On this 15th day of October , AD. 2019 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,Robert D. Murray, Vice President and Dawn E.Brown, 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, deposed[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. .'p'OyA,111 i'rJ3r�\V)�,,., *>•wcs..ec'3..�'',;,"�„„tl,,1+�./ 72"4-.13P+ Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 Bond No.: 7661790 Premium is included in the performance bond CITY OF SANTA ANA Executed in: 2 Counterparts BONDS PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST_ ATPL-5063(l72) PAYMENT BOND KNOW ALL MEN BY 'THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State;and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Six Hundred Sixty Three Thousand Nine Hundred Six and 00/100 Dollars ($1,663,906.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated October 15, 2019 for Project No.17-6885-Edinger Protected Bike Lanes From Santa Ana River To Bristol St.ATPL-5063(172) if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15th day of October , 2019 CONTRACTOR*All American Asphalt -400 East Sixth Street, Corona, CA 92879-Phone (951) 736-7600 ebro tb • 04412.c.4.04) v.P. SURETY*Fidelity and Deposit Company of Maryland-777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 David Wei (213)270-0600 Rebecca Haas-Bates,Attorney-in-Fact Subscribed and sworn to before me, **Please See Attached** , this day of , 20 . S ignature: Notary Public in and for the County of , State of Rate of premium on this bond is $ N/A per thousand. Total amount of premium charge is $ is included in the performance bond . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Riverside On October 9, 2019 before me, B. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(ker5ignes 9 who proved to me on the basis of satisfactory evidence to be the B.ROYSTER person(s) whose name(s) is/are subscribed to the within instrument = Notary and acknowledged to me that he/she/the executed the same in ry Public-California 9 y Riverside County f. his/her/their authorized capacity(es), and that by his/her/their Commission+Y 2260352 signature(s) on the instrument the person(s), or the entity upon behalf My Comm.Expires Oct 26, 2022 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 forgoing paragraph is true and correct. WITNESS m and a official seal. Signature Place Notary Seal Above Si ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond—City of Santa Ana Document Date: October 15, 2019 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s): o Partner r ❑ Limited o General o Partner L ❑ Limited ❑General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER o Trustee Top of thumb here Top of thumb here ❑Trustee o Other: ❑ Other: Signer is Representing: Signer is Representing: All American As.halt 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 10/03/2019 before me, A.MacFarlane,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name .of Signer's) who proved to me on the basis of satisfactory evidence to be the person* whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i ),and that by hts(her/their signature$on the instrument the person($,. 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. ,�-ff..®�..9... WITNESS my hand and official seal. ek aab„ A.MACFARLANE � Notary Public-California z 4 Orange County > ": ,Commission r,2188592 — Signature ' My Comm.Expires Mar 27,2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. • Description of Attached Document Title or Type of Document: Payment Bond No. 7661790 Document Date: 10/15/2019 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General El Partner — El Limited ❑General ❑ Individual 2 Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator C Other: 0 Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attornevs-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 attorneys-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 attorney-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 I, 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 frill 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 ZURICI-I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th 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 5th 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 10th 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 15th day of October , 2019 efl) y� J� By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimsazurichna.com 800-626-4577 PRF7661790 Bond Number City of Santa Ana Obligee 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which arc 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 Rebecca Haas-Bates , 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 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 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 15th day of October ,A.D. 2019 iII4t. k ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND • By.. Robert D.Murray Vice President tECCLAW By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 15th day of October , A.D. 2019 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,Robert D. Murray, Vice President and Dawn E. Brown, 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. x.A+Ax ;6 Jhs „n n u3,, Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 Bond No.7661790 Premium: $6,572.00 CITY OF SANTA ANA Premium is for contract term and is subject BONDS to adjustment based on final contract price Executed in: 2 Counterparts PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State,and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Six Hundred Sixty Three Thousand Nine Hundred Six and 00/100 Dollars ($1,663,906.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated October 15, 2019 for Project No.17-6885-Edinger Protected Bike Lanes From Santa Ana River To Bristol St.ATPL-5063(172), if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15th day of October , 2019 . CONTRACTOR*All,American Asphalt -400 East Sixth Street, Corona, CA 92879-Phone (951)736-7600 lbw 1`. O.*a.t-s a v, v.P. SURETY*Fidelity and Deposit Company of Maryland-777 S. Figueroa Street,Suite 3900, Los Angeles,CA 90017 ,f iD,O A David Wei (213)270-0600 Rebecca Haas-Bates,Attorney-in-Fact Subscribed and sworn to before me, **Please See Attached** , this- day of , 20 . Signature: Notary Public in and for the County of , State of Rate of premium on this bond is $ 3.95 per thousand. Total amount of premium charge is$ 6,572.00 . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Riverside On October 9, 2019 before me, B. Royster, Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson NameirCPSignergr— who proved to me on the basis of satisfactory evidence to be the ,o, F B.ROYSTER person(s) whose name(s) is/are subscribed to the within instrument .. Notary Public-California i , _-r - Riverside County and acknowledged to me that he/de/they executed the same in Commission ft 2260352 his/her/their authorized capacity(ies), and that by his/her/their My Comm.Expires Oct 26,2022 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 forgoing paragraph is true and correct. WITNESS my d a official seal. Signature Place Notary Seal Above Sig re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond— City of Santa Ana Document Date: October 15, 2019 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(+es)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s): o Partner I- o Limited ❑ General ❑ Partner r ❑ Limited ❑ General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here o Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As shalt 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 10/03/2019 before me, A.MacFarlane,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name( of Signerl`s,1 who proved to me on the basis of satisfactory evidence to be the persons) whose name(§). is/aze subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herfth€ir authorized capacity] ),and that by his(her/their signature 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. A,MACFARLANE WITNESS my hand and official seal. A Notary Public-California Orange County ` f Commission#2188592 1 — — My ComrtExpires Ma-27,2021 SignatureSignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No.7661790 Document Date: 10/15/2019 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General Fl Individual 2'Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 PRF7661790 Bond Number City of Santa Am Obligee 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 ZURICFI AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 Rebecca Haas-Bates , 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 undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as filly 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 DEPOSSIT COMPANY OF MARYLAND,this 15th day of October ,A.D. 2019 flop, ig�k„ % lit �aw� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President CE3 .NGG\_— By: Dawn E.Brown Secretary State of Maryland Cuunty of Baltimore On this 15th day of October , A.D. 2019 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,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, .+aa°,`i.§;z S,'"�ip, l;$r,, Constance A.Dunn,Notary Public f'"»"Oa My Commission Expires:July 9,2023 • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-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 attorneys-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 attorney-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 I, 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 15th 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 5th 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 10th 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 15th day of October , 2019 09( �,e 9" ,e"*w.*not, ,��"lo-° ea By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimsAzurichna.com 800-626-4577 Bond No.:7661790 Premium is included in the performance bond CITY OF SANTA ANA Executed in: 2 Counterparts BONDS PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) PAYMENT BOND KNOW ALL MEN BY 'THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State;and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Six Hundred Sixty Three Thousand Nine Hundred Six and 00/100 Dollars ($1,663,906.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated October 15,2019 for Project No.17-6885-Edinger Protected Bike Lanes From Santa Ana River To Bristol St.ATPL-5063(172) , if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15th day of October , 20 19 . CONTRACT R*All American Asphalt 400 East Sixth Street, Corona, CA 92879 Phone(951)736-7600 ? Jr&t. 014 V. P. SURETY* Fidelity and Deposit Company of Maryland-777 S. Figueroa Street, Suite 3900, Los Angeles,CA 90017 —Vet2 —Q �,o David Wei(213)270-0600 Rebecca Haas-Bates,Attorney-in-Fact Subscribed and sworn to before me, **Please See Attached** , this day of ,20_ Signature: Notary Public in and for the County of , State of Rate of premium on this bond is $ N/A per thousand. Total amount of premium charge is $ is included in the performance bond . To be filled in by Surety *Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Riverside On October 9, 2019 before me, B. Royster,Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Namete rSigner(' who proved to me on the basis of satisfactory evidence to be the E,�a�r f B.ROYSTER person(s) whose name(s) is/ar-e subscribed to the within instrument <' . = Notary Public-California m and acknowledged to me that he/She/they executed the same in z s-.,y Riverside County li his/her/their authorized ca acit ies and that b his/her/their '` III Commission#2260352 p Y( ) y "'� Mysignature(s) on the instrument theperson(s), or the entityupon behalf Comm.Expires Oct 26,Z022 p 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 forgoing paragraph is true and correct. WITNESS my and official seal. Signature Place Notary Seal Above Si ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond—City of Santa Ana Document Date: October 15, 2019 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual o Individual X Corporate Officer—Title(s): Vice President ❑Corporate Officer—Title(s): o Partner o Limited o General ❑ Partner r ❑ Limited o General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee ❑ Other: o Other: Signer is Representing: Signer is Representing: All American As shalt CALIFORNIA ALL--IMPOSE ACKNOWLEDG"',ENT 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 10/03/2019 before me, A.MacFarlane,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name ,of Signerj`sl who proved to me on the basis of satisfactory evidence to be the persons)- whose name(b), is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their authorized capacity(ies),and that by his. her/their signatureN.on the instrument the person(a), 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 correct. WITNESS my hand and official seal. A.MACFARLANE NotaryPublic-California 5 Signature, Orange County 2 _• Commission n 2188592 Signature of Notaty Public My Comm.Expires Mar 27,2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7661790 Document Date: 10/15/2019 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-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 attorneys-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 attorney-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 I, 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 fill 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 15th 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 5th 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 10th 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 15th day of October , 2019 , ¢�_ to $ EAL ate ' t;oe.-)4' By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com zurichna.cpm 800-626-4577 PRF7661790 Bond Number City of Santa Ana Obligee 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 Rebecca Ham-Bates , 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 undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as filly 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 15th day of October ,A.D. 2019 _ u" i , ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President Lic.r -\ 4 F By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 151h day of October , A.D. 2019 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.Murray, Vice President and Dawn E. Brown,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 nay Official Seal the day and year first above written. `--er•'tioteow'ra G:B..fF"'t.ww,,v! „ ,ts y:' Constance A.Dunn,Notary Public ""+++°"� My Commission Expires:July 9,2023