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HomeMy WebLinkAboutC35380 - FY 2016-17 Tree Pruning At Desert Willow Golf Resort (DWGR)CONTRACT NO. C35380 CITY OF PALM DESERT J ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C35380 TO INTERNATIONAL ENVIRONMENTAL CORPORATION, OF PANORAMA CITY, CALIFORNIA, FOR THE FISCAL YEAR 2016-2017 TREE PRUNING AT DESERT WILLOW GOLF RESORT SUBMITTED BY: Martin Alvarez, Director of Economic Development DATE: September 8, 2016 CONTRACTOR: International Environmental Corporation P.O. Box 4218 Panorama City, California 91412 CONTENTS: Agreement / Contractor's Proposal Recommendation By Minute Motion: Authorize the award of Contract No. C35380 to International Environmental Corporation (IEC), of Panorama City, California, for the FY 2016-2017 tree pruning at the Desert Willow Golf Resort in the amount not to exceed $29,250.00; and 2. Authorize the Mayor to execute the contract. Funds are available in FY 2016/17 Course and Grounds Expenses, Account No. 5204195-4803100. Strateqic Plan Obiective On -going maintenance of the Desert Willow Golf Resort's golf courses sustains one of the City's premier recreational facilities. By preserving and enhancing this facility, the City furthers its goals of continuing the high quality of life that our residents and visitors expect, and providing recreational and exercise opportunities pervasive in all public spaces. Background On August 4, 2016, the City Clerk called for sealed bids for the pruning of 500 canopy trees at Desert Willow Golf Resort. On August 10 and August 17, 2016, the Notice Inviting Sealed Bids for the annual tree pruning project was published in The Desert Sun. Staff Report Award Contract No. C35380 DW Tree Pruning Page 2 of 2 September 8, 2016 On August 26, 2016, sealed bids were opened by the City Clerk and the following is a summary of the results: CONTRACTOR International Environmental Corp. George Salinas Tree Preservation West Coast Arborists, Inc. Union Tree & Palm Services, Inc. Mariposa Landscapes, Inc Singh Group, Inc. LOCATION BID UNIT PRICE Panorama City, CA $29,250.00 $58.50 Placentia, CA $49,000.00 $98.00 Anaheim, CA $52,500.00 $105.00 Cathedral City, CA $55,000.00 $110.00 Irwindale, CA $80,000.00 $160.00 San Marcos, CA $250,000.00 $500.00 International Environmental Corp. is the lowest qualified bidder and has experience pruning trees on golf courses. The attached contract will allow Desert Willow to prune 500 canopy trees located in high priority areas such as the public parking lots, the clubhouse and adjacent to the golf cart paths on both golf courses. Staff recommends approval of a contract with IEC. Fiscal Analysis The proposed contract amount of $29,250.00 will fit within the Desert Willow Golf Resort annual tree pruning budget of $50,000 and no appropriation is required. Prepared By: Martin Alvarez Director of Economic Development Reviewed: Pant Moore LAmctor of Finance Approval: G Jy i McCarthy i"nteri City Manager 9� Department Head: ,/ R costa ssista t City Ma G \rdaWartin Alvarez\Desert Willow\Tree Pruning\2016-17\SR-DWTree PruneFy16-17 doox CONTRACT NO. C35380 AGREEMENT ANNUAL TREE PRUNING FOR FISCAL YEAR 2015/16 THIS AGREEMENT is made and entered into in the City of Palm Desert on this 8th day of September, 2016, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR", and International Environmental Corporation hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the CITY invited bids for the Desert Willow Golf Course Annual Tree Pruning - Fiscal Year 2016/17; per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by DWGR for said material(s); and WHEREAS, CONTRACTOR has re-examined its Bid and found it to be correct, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be from July 1, 2016, through June 30, 2017, or to such later date as may be agreed in writing between parties. All tree pruning shall be completed within thirty (30) days of the issuance of the Notice to Proceed. (2) DWGR'S OBLIGATIONS. For furnishing material(s), as specified in this Agreement, DWGR will pay and CONTRACTOR shall receive in compensation, therefore an amount not to exceed Twenty nine Thousand Two Hundred Fiftv and 00/100 Dollars ($29,250.00) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by the DWGR. (3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by DWGR, CONTRACTOR agrees with DWGR to prune 500 trees at $58.50 per tree and furnish the material(s) and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort (DWGR), Kemper Sports Management, Inc., City of Palm Desert (CITY), their officials, officers, employees, representatives, volunteers and agents, from and against all claims lawsuits, liabilities or damages of whatsoever CONTRACT NO. C35380 nature arising out of our connection with, or relating in any manner to, any act or omission of the CONTRACTOR, his agents, employees, subcontractors and their employees thereof in connection with the performance or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify Kemper, DWGR and CITY and do whatever is necessary to protect Kemper, the DWGR and CITY, its official, officers, employees, agents, volunteers and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the City of Palm Desert. (6) TERMINATION. If, during the term of this Agreement, the DWGR/CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, DWGR/CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give the CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of this Agreement and DWGR/CITY may terminate this Agreement immediately by written notice to the CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement. In said event, the CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received DWGR/CITY's Notice of Termination, minus any offset from such payment representing the DWGR/CITY's damages from such breach. DWGR/CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the DWGR/CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the CONTRACTOR be entitled to receive compensation in excess of the per item price quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE. The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Bid Proposal; (e) The Standard Specifications as modified in other portions of the Contract Documents; (f) Appendix(s); (g) Addenda Nos. N/A ; (h) Any Change Orders issued; (i) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract CONTRACT NO. C35380 Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, the CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: If to DWGR: If to Contractor: Attention: Derek White Attention: DESERT WILLOW GOLF RESORT INTERNATIONAL 38-995 Desert Willow Drive ENVIRONMENTAL CORP. Palm Desert, CA 92260 P.O. Box 4218 Panorama City, California 91412 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both DWGR and the CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. CONTRACT NO. C35380 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CONTRACTOR: By: Printed name Signature (to be notarized) FOR DWGR/CITY BY: ROBERT A. SPIEGEL MAYOR Palm Desert, California APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY Title: ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California CONTRACT NO. C35380 CONTRACTOR ACKNOWLEDGMENT A notary public or other office 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 ) ) SS. County of ) On , 20_, before me , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CONTRACTOR'S BID FORM DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FISCAL YEAR 2016/17 CONTRACT NO. C35380 TO: CITY OF PALM DESERT, "CITY" DATE: Aw-'Usi 'AS,2616 BIDDER: Corp. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for Desert Willow Golf Resort Annual Tree Pruning for Fiscal Year 2016/17, Contract No. C35380, hereby proposes to perform the work in accordance with the Contract Documents, including Addenda No(s) _I-- for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for ninety (90) calendar days after that date. 2. The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 8 6. Liquidated damages shall be $500.00 dollars per calendar day of delay. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. The unit cost for all tree pruning work shall be indicated. i I QUANTITY I UNIT COST I TOTAL COST TOTAL for Tree Pruning 500 $ S�', 50 I $ 029/ a 50 The costs of any work shown or required in the Contract Documents and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BID IN FIGURES $ qI d S D TOTAL AMOUNT BID IN WORDS -fi A6;-- y A&U Gard,, kp ��''►'�T a^"� Y/ �fiy IN WITNESS WHEREOF CONTRA OR e c Page C-1: By: Signa r Title: r, ro►c. CO TRACTOR 7s proposal as of date set forth on A notary public or other office 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 Californi) �~ } County ofi Subscribed and sworn to (or affirmed) before me on this S day of (month), �G'/C, (year), by ..JoYq e, �Q.r7t�ov� proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of NotaryItNataryt ARWOA E. WNERN COMMON 0113mo z Lee A"" CW* DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 1 iA, I INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address PQ 6 �, Pari��� Ci f H , r A I� �/ �� J' (2) Telephone No. _yl ? — Rqa — 9 (3) Type of Firm (Individual, Partnership or Corporation) cr� (4) Corporation organized under the laws of the State of CQ /� fn icy. (5) Contractor's License No. yT751-10 Exp. Date �6 Contractor hereby swears unde enalty of perjury that this information provided is true and cor/at By:/ ` Title: Se Contractor (6) List the ames and addresses of all owners of the firm or names and titles of all officers of the corporation: �s �reSic�a✓t� f �%SUt'Lf �n Cep Febtes / �ecrerary (7) Number of years experience as a tree pruning contractor (8) Number of years experience with municipal tree contracts (9) Number of years experience with golf course experience 20 (10) Name of the ISA certified field supervisor who will be supervising this work: (11) Certified Arborist Number 1�)F- &P (A(WExp. Date ' Z/3 i//F (12) Number of ISA Certified Tree Workers with the organization DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 10 (13) List at least three similar golf course contracts completed within the last five years (two must involve pruning desert palette trees): Contract Class of Work Date Name, Address 8 Telephone Number Amount Completed of OWNER 1. $ 3�. �5��r,►�r,t �3o/I �ob�rstr., Go IF Gluh a � 34 �ow� d CJ�o t Qp( L�o-r611c5 �8IS-S9S-ICit 2. $ f a , 2400 TrtL f o,4;\A I as /1 q A,4va r\ .� f'ad;/lam �gi�12gq -Y260 3. $ S�—% 50 b 1 12 �c.S 6 /1CCau.w ALL (14) List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet Subcontractor's Name: A A License Number: Address: Telephone: Work to be performed: (15) List the name of the person who inspected the site of the proposed work for your firm PS 6Pde5 (16) CONTRACTOR hereby swears under penalty of perjury that the information provided i ue and rr ct. By: Title: Co 1141'a c 41,41 ' �Pi ig to Contractor (l DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 11 DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FISCAL YEAR 2016/17 ADDENDUM NO. 1 CONTRACT NO. C35380 The following modifications shall be incorporated into the Desert Willow Annual Tree Pruning for Fiscal Year 2016-17 Project Specifications: SPECIAL PROVISIONS DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FISCAL YEAR 2016/17 Paqe 35: There are 500 appFoEimately 750 trees to be pruned. The actual tree count will be verified in the field between the successful Contractor and the Director of Economic Development or his designee. The trees to be pruned are primarily the species listed here: Mesquite, Palo Verde and Acacia. Approximately 500 Gf The trees are wits -be located in high visibility areas such as along the service road(s), parking lots, and the entry drive (Desert Willow Drive). Some The trees are wig be located adjacent to golf course tee and green complexes and restroom areas. Contractor Questions: 1. Unit Price asks for 500 trees, scope of work (page 35) calls out 750 trees. Which is correct (for determining completion within 60 days & bid bond)? Response: 500 Trees to be pruned. See Addendum No. 1 (above) 2. Are Palms included in this price? Response: No palms are included in this project 3. Approximately how many or what percentage of trees will be on the actual golf course (trees with limited vehicle and truck access)? Response: A majority (70%) of the trees to be pruned will be on the golf course with limited access through 8 foot wide golf cart paths. DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 1 4. Do you have a list of trees/locations for this year? Response: Location of trees will be field verified with the successful contractor. 5. Will it only be the larger trees, or are there smaller trees included? Response: Pruning project will include both larger and smaller trees. 6. What is the estimated budget for this project? Response: The City does not have an estimated budget available at this time. 7. What happens if all the bids go over the estimated budget? Will all the bids be rejected? Response: Per the Project Notice Inviting Bids; The City reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of ninety (90) days. If all bids are over the City's budget, the City reserves the right to use the lowest "Per Unit" cost to determine the lowest qualified bidder. All other project specifications remain the same. ACKNOWLEDGMENT OF RECEIPT OF ALL ADDENDA (ADDENDUM NO. 1) IS REQUIRED IN ORDER FOR A BID TO BE CONSIDREED RESPONSIVE. BIDDER IS REMINDED TO INDICATE SUCH ACKNOWLEDGMENT BELOW AND IN THE CONTRACTOR'S BID FORM (PAGE 8 OF THE PROJECT SPECIFICATIONS). CONTRACTOR ACKNOWLEDGEMENT: 4wo, / Print Name DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 2 NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: am the -f_pr-%✓'ar 1�%�GtdlAgP►� of fotlitOrPI the party making the foregoing bid. The 'bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Aufad- .;ZS , 20_1�, at le, fc T City S e By: S` �✓ Sign re / Title: �on-frAr /`/l7� CONTRACTOR DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 12 Male Of Galifoi nia QN. CONTRACTORS STATE LICENSE BOARD ANCTIVE LIC17-N,13E --.499540 , CORP INTERNATIONAL ENVIRONMENTAL CORPORATION 10/31/2016 v-vvv (- s I b c a g o v a LL r) r-L: rT r7-1 r7l I I I I I' i.,, 4, BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, International Environmental Corporation as principal, and Platte River Insurance Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of $10% of Total Amount Bid (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden principal to perform certain work described as follows: Desert Willow Annual Tree Pruning The general items of work to be done hereunder consist of: prune and trim trees as described herein and as detailed in the Contract Documents and all appurtenant work as required by the specifications and appendices, and dated August s, 2016 is accepted by the City of Palm Desert, and if the above bounden principal International Environmental Corporation shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page.] DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 13 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 23rd day of August 2016. Contractor's Name: fntematioviron(?17 men�orporation 9 Contractor's Signature: 11 ' (Z' Title: Tf Ct-1 5- o Oc Vj S e-- Address: 13432 Wentworth Street, Arleta, CA 91331 Telephone: 818-892-9341 Surety's Name: P e River InsurgDca-Gempany Surety's Signature: i Title: Rvan Tash, Attomev-In-Fact Address: P.O. Box 5900, Madison, WI 53705-0900 Telephone: 925-262-2702 Attention: Jon McDonald DW ANNUAL TREE PRUNING FISCAL YEAR 2016/17 Page 14 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 Sacramento On ��i1 �11�� �uy� before me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared Ryan Tash who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN fOURNIER Comm.# 1995967 NOTARY PUBLIC -CALIFORNIA v/ \ Mr Comm SACRAMENTO Ex, NovCUNI11, 2016 Signature (Seal)f PLATTE RIVER INSURANCE COMPANY 41353444 POWER OF ATTORNEY KNOW ALL MEN BV THESE PRESENTS.That the PLATTE: RIVER INSURANCE, COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint --------------------- -- — —JOIiN T. PAGE: RYAN TASI1; SUSAN I-OURNIER its true and lawful Attomey(s)-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. undertakings and contracts of' suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -------------------------------------- _WRITTEN 1NSTRUMI.NTS IN AN AM(UNT NOT TO EXCEED:$20,000.000.00------------------------------------ — This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the Rth day of January, 2002. "RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other w(..ings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attorney (s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attornev or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." 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. 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. IN WITNESS WHEREOF, the PLATTE. RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 27th day of July, 2015. ffjj �'vy'-=` »s► + Attest: PLATTE RIVER INSURANCE: COMPANCOMPANY��pr,�wea•��iw,!nio��io p P OOROR PAi, C� i Gary W. Stumper -/ga VVV Present = SEAL ' _ id Stephen J. Sills P Surety &Fidelity Operations = CEO & President YrFy'•_ ' STATE OF WISCONSIN /Op%\ ticeH>sK�' \\ S.S.: niiunr.,: COUNTY OF DANE J •i,,nc•np°° =_— On the 271h day of July. 2015 before me personally came Stephen J. Stills, to me known. who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY• the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate "r '= seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. t� c.± � 'gyp 2piNq� i" '•-, •/ �w.-e� 4. 1 L, �� ,. David J. Regele STAI�E OF WISCONSIN 1 S.S.: Notary Public, Dane Co., WI ..,:2► COUNTY OF DANE J CERTIFICATE My Commission Is Permanent 1, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCF, COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. f-d Signed and sealed at the City of Middleton, State of Wisconsin this �� day of .,• ; ,.�.w,. spa. ��11 _ � SEAL fi Antonio Celii �'4�•,, .• F'" Secretary „m THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIALNUMBER IN THE UPPER RIGHT HAND CORNER, IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL. 500-475-4450. PR-POA (Rt 07-2015)