CC SR 20160405 N - NOC Residential Streets Improvement ProjectRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 04/05/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the FY12-13 & FY13-14 Residential Streets Rehabilitation Project, Areas
1, 5B & 9 (Project Nos. 004913 & 004914)
RECOMMENDED COUNCIL ACTION:
(1) Accept the work as complete;
(2) Authorize the City Clerk to file a Notice of Completion with the Los Angeles County
Registrar -Recorder's Office and, if no claims are filed within 35 days after
recordation, and upon the contractor posting an acceptable warranty bond, notice
the surety company to exonerate the Performance Bond; and,
(3) Authorize the Director of Public Works to release the 5% retention payment in the
amount of $121,269.63 to American Asphalt South, Inc., 35 days after recordation
of the Notice of Completion, contingent upon no claims being filed on the project
and the contractor posting an acceptable warranty bond.
FISCAL IMPACT: The project was completed $33,322.39 under budget.
Amount Budgeted: $2,458,715
Additional Appropriation: N/A
Account Number(s): 330-3031-461-73-00
ORIGINATED BY: Nadia Carrasco, Assistant Engineer' )7(
REVIEWED BY: Michael Throne, PE, Public Works Director]
APPROVED BY: Doug Willmore, City Manager.,P
ATTACHED SUPPORTING DOCUMENTS:
A. Notice of Completion (page A-1)
B. Warranty Bond (page B-1)
C. City Areas Map (page C-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes Residential Street Rehabilitation Project is conducted
annually as part of the City's street improvement program. For FY12-13 and FY13-14,
this project included three areas in the City: Areas 1, 5B and 9 (Attachment C). The
project's scope included street resurfacing, placement of striping, pavement markers,
and legends, and installation of a few ADA curb ramps and ancillary concrete work.
1
The project was completed by American Asphalt South, Inc. on November 6, 2015,
under budget, yielding a net savings of $33,322.39 (see Table 1) in addition to the
unused contingency budget of $139,189 for a total construction budget savings of
$172,511.39. The amount of retention held was $121,269.63, which will be returned to
American Asphalt South, Inc. upon successful conclusion of the Notice of Completion
filing period.
Table 1 — Project Cost Summary
Authorized Contract Amount
$2,458,715.00
Authorized Contingency Budget
$139,189.00
Total Construction Budget
$2,597,904.00
Final Construction Cost (Including Change Orders)
$2,425,392.61
Budget Savings
$172,511.39
American Asphalt South, Inc., has successfully completed all work in accordance with
the plans and specifications, including submission of a warranty bond (Attachment B)
that was received by the City on March 10, 2016. Therefore, the work should be
accepted as complete and a Notice of Completion (Attachment A) filed.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
Discuss and take other action related to this item.
2
Attachment A
Notice of Completion
A-1
RECORDING REQUESTED BY:
Ranoir& RENIFICD&AVierdes
City Clerk I
Narp*ity of Rancho Palos Verdes
shelet 30940 Hawthorne Blvd.
Address Rancho Palos Verdes, CA
City CA
State 902750
Zip
J
Space above this line for recorder's use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is City of Rancho Palos Verdes
3. The full address o1 the owner is 30940 Hawthorne Blvd., Rancho Palos verdes,
4. The nature of the interest or estate of the owner is: In fee.
(If other than Fee, strike 'in fee' and insert, for example. 'purchaser under conlrad of purchase.' or 'Lessee')
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was com
FY -12-13 & FY 13-14 Residential Stree
�..r „ . - ,
on .The work done was:
.:ZeEabi i int io
A
8. The names of the contractor, if any, for such work of improvement was A
(If no contractor for work of improvement as a whole, insert 'None') R aft riE trP1rtLl O S V e rcie s
9. The property on which said work of improvement was completed is in the City of
County of Los Angeles ,State of CA ,and is described as follows: Various Locations see a�ta�hed>
on Maintenance area 1 , 5B & 9
10. The street address of said property is
(If no street address has been officially assigned, insert -none'.)
Dated
(Signature of Owner or corporate officer of (Tuner named in paragraph 2, or his agent)
VERIFICATION
1, the undersigned, say: I am the City Clerk , the Declarant of the foregoing Notice o1 Completion;
(President of, Manager of, Partner of, Owner of, etc.)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
Executed on _ 20__ at -.ifs f Rancho Palos Verdes, CA
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are Inre)
Before you use this form, fill in all blanks, and make whatever chanes are appropriate and necessary IIIIIIIIIIIItlIINIIIIIIIIIII
to your particular transaction. Consult a lawyer if you doubt the form s fitness Tor your purpose and use. u q N N
Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability 7 67775 Q1114 2
or fitness of this form for an intended use or purpose. 02005 WOLCOTTS FORMS, INC.
FORM 1114 5
Area 1
Ashfork PI.
Barkstone Dr.
Basswood Ave.
Bayridge Rd.
Birchfield Ave.
Birchmont Dr.
Capeswood Dr.
Clint PI.
Diversey Dr.
Eau Claire Dr.
Elmbank Rd.
Elkmont Dr.
Finescrest Dr.
Flambeau Rd.
Fond Du Lac Rd.
Freeport Rd.
Graylog St.
Grayslake Rd.
Groveoak PI.
Hawthorne Blvd. (frontage rd.)
Hyte Rd.
Indian Peak Rd.
Ironwood St.
Lightfoot PI.
Littlebow Rd.
Manitowac Dr.
Mazur Dr.
Menominee PI
Mesaba Dr.
Mossbank Dr.
Pembina Rd.
Sandbrook Dr.
Shadow Wood Dr.
Shoreview Dr.
Shorewood Rd.
Silver Spur Rd.
Springcreek Rd.
Via Sonoma
Waukesha PI.
Waupaca Rd.
Whitefox Dr.
Whitehorn Dr.
Whitestone Rd.
Wildbriar Dr.
Woodbrook Dr.
Woodfern Dr.
A-3
Area 5B
Alta Vista Dr. Via La Cresta
Avenida Altisima Via Vicente
Avenida Anillo
Avenida Celestial
Avenida Classica
Avenida De Calma
Avenida Elegante
Avenida Esplendida
Avenida Magnifica
Avenida Refinada
Avenida Selecta
Avenida Tranquila
Calle De Suenos
Calle Del Pajarito
Calle Entradero
Calle La Resolana
Calle Quieta
Calle Viento
Camino Pequeno
Camino Porvenir
Crest Rd. (Lower)
Los Verdes Dr.
Pacifica Del Mar
Paseo De La Luz
Vallon Dr.
Via Del Cielo
i
Area 9
Atford Dr.
Goya Dr.
Ronsard Rd.
Alaflora Dr.
Gunter Rd.
Santa Rena Dr.
Alvesta PI.
Highmore Ave.
Sparta Dr.
Ave. Aprenda
Homeworth Dr.
Stokowski Dr.
Ave. Cuaderno
Jaybrook Dr.
Summerland St.
Ave. Del Mesa
Lasita PI
Tarrasa Dr.
Ave. Estudiante
Lunada Circle
Toscanini Dr.
Ave. Feliciano
Mac Arthur St.
Trotwood Ave.
Bandra PI.
Mendon Dr.
Trudie Dr.
Bayend Dr.
Montereina Dr.
Upland St.
Beecham Dr.
Mt. Hood Ct.
Valleta Dr.
Bernice Dr.
Mt. Langley Ct.
Van Karajan Dr.
Bloomwood Rd.
Mt. Lassen Ln.
Velez Dr.
Caddington Dr.
Mt. Palomar PI.
Wycliff Ave.
Calzada Dr.
Mt. Rainier Rd.
Circle Verde Dr.
Mt. Rose Rd.
Crestwood St.
Mt. Rushmore Rd.
Delasonde Dr.
Mt. Sawtooth Dr.
Dorado Dr.
Mt. Vancouver Ct.
Elberon St.
Mt. Whitney Way
Eldena Dr.
Mt. Shasta Dr.
Enrose Ave.
Noble View Dr.
Fairhill Dr.
Peninsula Verde Dr.
Galerita Dr.
Pontevedra Dr.
Gaucho Dr.
Redondela Dr.
General St.
Rockinghorse Dr.
&W
Attachment B
Warranty Bond
Bond N. 12113603
11TIMAM-C W11 klrflm��
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Amuj0n_AapbAft_a0jh_
Inc. 14436 Santa Ana Avenue, Fontana, CA 92337
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work
described as follows:
FY2012-13 & FY2013-14 Residential Streets Rehabilitation Project, Areas 1, 5B & 9 (Project 9 004913 & 004914)
NOW, THEREFORE, we, the undersigned Principal, and The Guarantee Company of North America USA
One Towne Square, Ste. #1470, Southfield Michigan 48076
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of Two Million Four Hundred Twenty -Five Thousand Three Hundred Ninety -Two and
61/loo Dollars ($ 2,425,392.61 ------------------ ) lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
defects which may develop during a period of One year from the date of
co letion and acce tance of the work erformed under th A reement caused b defective or inferior
..........
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
Dated: March 2 2016
"Principal"
American Asphalt South, Inc.
(Seat)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:
Insurance Administrator
"Surety"
The Guarantee Company of North America USA
ittomey-in-Fact, Elizabeth Collodi
By:
Its
(Seat)
APPROVED AS TO FORM:
By:
Public Agency Attorney
Note, This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence ofthe authority of any person
signing as attorney-in-fact must be attached
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 San Bernardino
On Ag before me,
Richard Entrikin-Notary
(insert name and title of the officer)
personally appeared Lyle Stone and Jeff Petty
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)da/are
subscribed to the within instrument and acknowledged to me that he�s4e/they executed the same in
Wb4af/their authorized capacity(ies), and that by his/W/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature?_��J.,-,,r
RICHARD ENTRIKIN
COMM. # 2029943
Z °f ; NOTARY PUBLIC . CALIFORNIA r -
SAN BERNARDINO COUNTY i
My COMM. Expires July 13, 2017
(Seal)
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 Butte )
On March 2, 2016 before me,
Sara Walliser, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/me
subscribed to the within instrument and acknowledged to me that he/she/ qt executed the same in
Chas/her/ti-Axauthorized capacity( ), and that by bisdher/t4ieaxsignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MAL! i,13�i
c� O+171i # 2 d O
CO (
e � NKOfARY PUBLIC CAI_!FORNIA
`
,7 COUNTY OF BUTTE w
Cz:nnn� Expires JULY 5, 2019
Signature
(Seal) -____.-
"i�?'�TfiY�S�wT'�i'"in'N'}'^3'V�'*POF'�T+'dYir'+Y�^3'C
THE The Guarantee Company of North America USA
GUARANTEE`" Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher
Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas
Interwest Insurance Services, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
JPaNyet
moat AMsa`6r
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
STATE OF MICHIGAN
County of Oakland
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Stephen C. Ruschak, President & Chief Operating Officer
R ANN ps- ON,
E��=M
Randall Musselman, Secretary
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
,-4-ft - County of Oakland
r • c 4u� _ My Commission Expires February 27, 2018
• :....• ;w;;,'` Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
�JPa.NTfe� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2 day of March2016
Randall Musselman, Secretary
AN
I & r.11 I ki = Milk NOW0.101 ilk 1701
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to AMui0AAapbAft_%Wtb_
Inc. 14436 Santa Ana Avenue, Fontana, CA 92337
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work
described as follows:
FY2012-13 & FY2013-14 Residential Streets Rehabilitation Project, Areas 1, 513 & 9 (Project # 004913 & 004914)
h= WiMMV 2
..........
. . . . . . . . . . . . . . . .
NOW, THEREFORE, we, the undersigned Principal, and The Guarantee Company of North America USA
One Towne Square, Ste. #1470, Southfield, Michigan 48076
(Name and oddress of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal SUM of Two Million Four Hundred Twenty -Five Thousand Three Hundred Ninety -Two and
61/ioo Dollars ($ 2,425,392.61 ------------------ ) lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, shall remedy, without cost to the Public Agency, any
defects which may develop during a period of One _(j_j ear from the date of
completion and acceptance of the work performed under the Agreement, caused by defective or inferior
materials or workmanship, and shall indemnify, defend and hold harmless the Public Agency, its officers,
agents, and employees for any and all claims, demands, causes of action, damages, injuries, liabilities,
losses, costs or expenses, including attorneys' fees and costs of defense, which arise out of, pertain to, or
relate to such defects or to the Principal's actions or inactions in remedying such defects, then this
obligation shall become null and void; otherwise it shall be and remain in full force and effect.
M I wel t I 11 LTZ-4 i Its] ga By ]m I liq i4k z Plill JI
- —"I. 4dvE11r*]t1Nr _181210
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
Dated: March 2 2016
"Principal"
American Asphalt South, Inc.
r
0
RIP,
i
./L
r
w
(Seat)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
"Surety"
The Guarantee Company of North America USA
By:
Its
%/O,t`i�ii. .
(Seel)
APPROVED AS TO FORM:
By: By:
Insurance Administrator Public Agency Attorney
Nola: This bond must be executed In duplicate and dated, all signatures must be notarized, and evidence of the authority of any person
signing as attorney-in-fact must be attached
FO-IN97
LRIK91
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 San Bernardino )
On Mat before me, Richard Entrikin-Notary
(insert name and title of the officer)
personally appeared Lyle Stone and Jeff Petty
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)'ios/are
subscribed to the within instrument and acknowledged to me that be s4e/they executed the same in
WteP/their authorized capacity(ies), and that by lits/W/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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
RICHARD ENTRIKIN
Y COMM, # 2029943 z
Z ° NOTARY PUBLIC - CALIFORNIA C
SAN BERNARDINO COUNTY
(Seal) My Comm. Expires July 13, 2017
WOW
E71UeF
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 Butte )
On March 2, 2016
before me, Sara Walliser, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/mla
subscribed to the within instrument and acknowledged to me that ke/she/tbayxexecuted the same in
)hWher/ttrdxauthorized capacity(i ), and that by tisiher/tWxsignature(s) on the instrument the
person(s), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. i \SARA 1rI Ll
fY NHA ,# 2118503 >
�!)lt RV1 ) fILIC CALIFORNIA
C( 1NFY OF F]`tJTTE w
JULY 5, 2019
Slgnatur (Seal)rvn=gra v,r� u,nw �•. raw��
THE The Guarantee Company of North America USA
GUARANTEE TI
POWER OF ATTORNEY Southfield, Michigan
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher
Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas
Interwest Insurance Services, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
-ter Cynthia A. Takai
4 Notary Public, State of Michigan
ay? County of Oakland
P My Commission Expires February 27, 2018
•-- �w'. ' Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
�J�npTEE Pp`q IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2 day of March 2046
NAMEP�P Randall Musselman, Secretary
B-11
Attachment C
City Areas Map
C-1