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Contracts & Agreements_231-2015_CCv0001.pdf
PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 15=4 day of December, 2015, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and C.S. Legacy Construction, Incorporated (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a"Party"and,together, as the"Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following: ORANGE BLOSSOM TRAIL PHASE 2, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's ORANGE BLOSSOM TRAIL PHASE 2, Project Number 47018. 2. THE CONTRACT SUM: City shall pay Contractor the sum of $692,783-00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within 90 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of $500 for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. S. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein,to wit; Notice Inviting Bids,Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements,Technical Specifications, and any addenda thereto. 6. ATTORNEYS' FEES: In the event any Iegal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees,including fees for use of in-house counsel by a Party. CD 1 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1. and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10.SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements,and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) B Mayor, City of Redlands, County of San Bernardino,California ATTEST: City Clerk/, C6of Redlands County of San Bernardino,California (SEAL) CS LEGACY CONSTRUCTION, INC. Name of Contractor By: Signatur f orized Agent GR GG STRUMPF - PRESIDENT Title Signature of Authorized Agent(if necessary) Title 826870 Contractor's License No. CD 3 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 LOS ANGELES ) On DECEMBER 17, 2015 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF t 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. z Notary Fubfjc • Ca rnia z Los Angeles county n _ � comm.Ex ices Mar 29,2019 Signature (Seal) WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department ORANGE BLOSSOM TRAIL PHASE 2, Project Number 47018 Labor Code, Section 3700,provides, in part that: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. 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 that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code section 1861) Dated this 17THday ofDECEMBER , 2015. CS LEGACY CONSTRUCTION, INC. 1Contr tor) ignature) GREGG STRUMPF — PRESIDENT (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 Bond Number:SU0692253 Bond Premium:$8,818.00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and C.S.Legacy Construction,Inc. (hereinafter designated as "Principal") have entered into an agreement dated December m�2p 15 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as and is hereby referred to and made a part hereof; and *Orange Blossom Trail Phase Project Number 2 40187 Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($_$692,783.00 _ ) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators,jointly and severally,firmly by these presents. **six hundred ninety two thousand seven hundred eighty three and 00/100 The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perforin the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend,indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full,complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder,the Surety shall promptly remedy the default,or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms and conditions;or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price,but not exceeding,including other costs and damages for which Surety may be CD 5 liable hereunder, the amount set forth above. The term "balance of the Agreement price."as used in this paragraph, shall mean the total amount payable to the Principal by the City under the .Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under- this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named,on December 17 ' 2015. (SEAL) (SEAL) C.S.Legacy Construction,I . Internati nal Fideli I nce Company (Contrac ret BY: (Signature) Gregg Strumpi res' ent Si nature ( g ) Kevin P.Reed,Attorney-in-Fact Address: (Seal and Notarial Ackno ledgement of Surety) 2400 E.Katella Ave.,Suite 250,Anaheim,—CA-WT06 Telephone: CD 6 Tel(973)624-7200POWER OF T INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARCUS REED, KEVIN P.REED Santa Ana, CA. 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 die nature thereof,which are or may be allowed,required or permitted by law,stature,rule,re elation,contract or otberwise.and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL CTDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if die same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorneyy is executed,and mapp be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNS IONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of Tebruary. 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of die Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke tie authority given. Further,this Power of Attorney is signed and scaled by facsimile pursuant to resolution of tie Board of Directors of said Company adopted at a meeting duly called and held on die 29th day of-April,1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such dower of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate Bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal sliall be valid and binding upon the Company in ilie future with respect to any bond or undertaking to which it is attached. IT Y lf�/� IN TESTIMONY WIIEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �® signed and its corporate seal to be affixed by its authorized officer,this t6th day of October,A.D,2007. � t �C' SEA#, �" n INTERNATIONAL FIDELITY INSURANCE COMPANY I g� STATE NEW JERSEY County off Essex JE�� Secretary On this 16th day of October 2007,before me came the individual who executed the preceding instrument, to me personally known,and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY,that the seal affixed to said instrument is the Corporate Seal of said Company-,that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. +grr4 heVA,e ,"G N- IN IN TESTIMONY WHEREOF,1 have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. �OT k j! . * "OreNe0ltI A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March.27,2014 1,die undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and die copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with tie ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that(lie same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full foreeand effect. IN TESTIMONY WHEREOF,I have ber8nnto set my hand tris 17th day of December,2015 s°^+ Assistant Secretary CALIFORNIA ALL—PtWOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange before nw Brandon K.Grindel -T3 �1,�'.� (fi+rc;aaena.aaa,ndaaeertaet�s personally ap,»a who proved to use on the basis ofsatisfactosy eVkkm=to be the perwa(s)whose namc(s)istme subscn"bed zo the within instruu=t and aticam4edged to me that bdsheRhey executed ft same in hislherhheir wAhori2ed cspacity(ies),and that by hisiburlthe:irsignattnv(s)an the iustrumew am person(s),or the entity upon behalf of which the persan(s)acted.executed else instrument I certify under PENALTY OF PL•RJMY under tht laws of she Stec of(:alifbm is that the foregoing pmm grvb is was and convet. rA BRANDON K.GRINDEL y hand I sesL Commisslon#2068031 " � Notary Public-California Orange County rrt�.y e t M Cemm.Expires Jury 18,2016 ADDITIONAL OPUONAL INFORMA13ON I?4S RVCr M FOR COMPLSSING TWS F4IRM DESCktI MON()FTHE ATCACHM DOCUMENT A+1� in •awes aware��w!'as +�Y'swY trtatr,>•�or a ny�mr oebori�Maw.l6ru sane b tr4w oatyriaw awd at**W ao AN lir any.rswjslda 4#'a doe ar b a i++ea®nrrareneatdr rf CarjWr,ta Jia made mommtc aaw ataoTmaat �^ (rffie orddtsap"orx maw&ewe=*) ........... of Aw dr p iwid aa.adr u Ararrw sa Tail t dir nebp(e Anes rat+arysr or ma"ro&sem aMMta Hint tr YlrZef/rar a�y t» C" (Le i tW adhvremd raq=ity SIAr zW")•^ot.okvi the (TRA.or dmmp4 aofAub bed aoaa•otI'll 11 '"arwtrArl ++*.bea�dra. ewrrmach�e,J6rr�efr+awa# •Sam and covey n WAX-m m mw De the Sax me eaany stere as da mmm IJ)t61bt7 ot'PxgC's• I)Ot itrttGflL I)gt[e ' +(s)f sppowed bersrc neo mtaq pwlrbe rexaelar>wbdgvatr • Oa�afrrdhtlSatiart temtlre Are daSer Wst t4.r ta)fl�e�y vp-w 1°hRh _ _ Dada deo tw�estw+e c4dr�e armawSed�satc i.oaetpidn� 4tda wowo h,&wmmkb) •74e DAN)PO&aaaer pm his a ear ee.t ax it ttmerrs+vittod This or ba COOP-Amotrlbnd>0dbyItODOM*N4Smtniettla(aaaarytWr) • Pkat do m1wZ)of domm"siPla(s)who pasommy sQj - u da Sino of etarie46w CAPACITY CLARAW BY THE SIGNER i daft am iya m aityeiar of ptwri kms by c mwg err V"ff sr rector(s C. individupi;s} *r$evwFri$jmw)ortatr#atthetwttcelAwft Fwitare100anvaty1tenatv8as kr-n-dv m-ykdiargoadradtfdctmemrnoordng Corporme Owwcr .tlsa unary sa)itapte>aaats mua be clew*ad pltowrgWcatly rprdd=We Tmpr=%Wo met aw 9ru ttm or lim-Irsw i,Vd situmX0490 to"if* (foie) a> am, awiat oteersiaeromplesesdilfematio,vwiealpaerlatae © PtYttlt s} . Sime er Utt woary paifie awe nttarh dee sR tNt hie neer eft orSr�of X Adornoy-in-Enei 4. Addbw*A go is not moz hen Wow bdt.to mm tk. 17 'Ik>�i�{S} adspwis+dtraisataevrs3aefodWs�ere�doarwsr. Qlber a ta�caaemdeasypdetamrAw7d«srrhm4aacJofps�aan04�e the saner,it dw daimed towk!•is a caps+atdrw, tc+ardact)dc(Le.CW.CF0 Swrawy) • SeaadyaotJ+IhiadactbesetnlbraiprdQr,�aa 2AQeVasi'o�APA�izIOml40ET3+�Sb5 +wcvtNstr)Cixarscarn 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 LOS ANGELES ) On DECEMBER 17, 2015 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF 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. GLORIA MACIAS Commission#2105161 WITNESS my hand and official seal. Notary Public-California z Los Angeles County My Camm. Expires Mar 29.2019 Signature (Seal) Bond Number:SU0692253 Bond Premium:Included LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"),which said agreement, dated December 16, , 2015, and identified as ORANGE BLOSSOM TRAIL PHASE 2, Project Number 47018, is hereby referred to and made a part hereof;and Whereas, under the terms of the Agreement,Principal is required before commending the performance of the Work,to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550)of Part 6 of Division 4 of the Civil Code of the State of California. Now,therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sura of Dollars($ 692,783.00}for materials fumished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. "six hundred ninety two thousand seven hundred eighty three and 001100 It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. CD 7 In witness whereof,this instrument has been duly executed by the Principal and surety above named, on December 17, 2015. (SEAL) (SEAL) C.S.Legacy Constructio*InInternational Fi lity Insu om( ( u et )BY:(Signature) Gident (Signature) Kevin P.Reed,Attorney-in-Fact Address: 2400 E.Katella Ave.,Suite 250,Anaheim,CA 92806 (Seal and Notarial Acknowledgement of Surety) Telephone: ( ) 714-602-9170 CD 8 Tel(973)624-7200 P(I)WER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of die State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARCUS REED, KEVIN P. REED Santa Ana, CA. 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,stature,rule,re elation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,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 its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of die By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE CONIPANY at a meeting called and held on the 7th day of February,1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of(lie 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 remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29di clay of April, 1982 of which the following is a true excerpt: Now therefore die signatures of such officers and the seal of tie Companymay be affixed to any-such dower of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindingupon die Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in le future:with respect to any bond or undertaking to which it is attached. y) IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seat to be affixed by its authorized officer,this 16th day of October.A,D.2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEA. l f EA r STATE OF NEW JERSEY County of Essex Secretary On this 161h day of October 2007•before me came the individual who executed die receding instrument,to me personallyknown,and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that die seal affixed to said instrument is die Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of tie Board of Directors of said Company. ;assiseseaistttttt F,v>`A�qY VA,>, P.r,� IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, 0,`0�, •} ., at the City of Newark.New Jersey the day and year first above written. or�t phi {s fap�®df4�-fie 4'6,am '+/trei,,,stcses°mt A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March.27,2014 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared tie foregoing copy of the Power of Attorney and affidavit,and the copy of die Section of die By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect 1N TESTIMONY WHEREOF,I have thereunto set my hand this 17th day of December,2015 r Assistant Secretary CALIFORNIA ALIS-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange bafoie rnc� Brandon K.Grindel T 1 I ((tae haaranwe�uekofttsenirarxr} personally appeared i n V- who proved to me on the bass of safWkctory evidence to be the parson(s)whose nz ate(s)Ware subscn�bcd to the within instmn=t and acknowledged to rite that WsheCtl+ey executed the same in hisdherltltrir authori7.ed capseity0es)r and that by his(ha theiir sig a rre(s)on the instrumW tltc pemn(s)�or the entity upon behalf of which the person(s)acted.executed the find ua t. I certify under PENALTY OF Pf-:R fMY under the laws of the State ofCalifoatia that the farcgoinp paraxrapb is talc and correct BRANDON K.GRINDEL m my tficial seat. Commisalon#2069031 Notary Public-California OraCounty s ,may rye Ex ires Jun 18,2018 ADDITIONAL OPTIONAL INFORMATFON R6T'RtfCtJOM FOR COMPLETt2<il3 TMS FORM DESCRIPnONOFTHEATCACFiM DOCUMENT �_ A *�n>wwaovk ���i he �y rarazew a�a arpuemr oetaovkalA,wpw JOrxr aa4r he PCP01 CUW#kW and ntiooiatt as AAW atwaraow. 74 hr h jr"I . wit b 1+eraaddanatdr fl/Ca4f ata haat nNtaosc mW aiw-woo - Giese a de tine Qrwariioa soew+asrt3 �� O0ino"b4po°"'obft`o aV be priwed ae air a da modes ao hig as,lir tlrab+eNw dsxi rtw r.Y.:.r tAr,ttaryy ro dsr mwi��r a i�nr36.o waky In fad K�arrt�fjwQ drp ar�orint egsiy ajnsr arprer),Frege ahaa'!;asr ._...(riitc or 4ea�ponvrddo«daew ac�ian�} d°°'u`"a mrc��l�''P'AA�ruaaraiaw�mctumrb drlrvw¢s�gfmat Tit nnw of Pages DoeunicM Date -srIL-and Cavay.sarnetasw ge�be%C Sere wa Cdr y W%=dee dor,naC* uFay(s1 Ply�bc[averoic nocwy wbdc rarsriieadEodgoeat. • Amarnowfzsuatmvatestmdticl<rea.tapar+(x)yrswWEyaypdae�t*'MiiA anal ababa•es�ereddetAp act is oenpie(si �{AddYio"I kcamwim) 7Ae n*m)MbRe a wt Rm t3 w Acr amm a yr oppwta bb or ra •AirA rho nese(:)of doanKYX sipeee(s)+rho tiasaaatty sr at the tide of nnnriauiwn. CAPAI TTY C.AtMED BY THE SIGNER + tn6cow dw a ercr xwtVA r or phsat faeees by cpm*t ori woor t forms(s e- tttdlvie3vsl(S) iaetdrrJt/ryr-iaAw)oe eidtK tfe caster faeelyt Faiharc toeaetrdsy b+dtctly Cha iafoesw*"o=y teed ro erjomaq ddoevbrm■motrfmg COd X"W(weer Tha vwxy scat impecarine data W tint apd phPkwghKody tcyrodoc(We. Impaxwo rbsu rot ww ton w(ioea_Irug wwftm�m moim4csi irs frtk) wPfiecntars pnrstx,W&CM- a A&framif-M Q laYlitcr(S} ' � � Y Ys +c�cart#tlr twntea�c M F&wren dig*to=cd aeawtvX Ationtay-ia-Flet 4 Adeltiond esraeaanan h WE raCdsad her Codd trelp to-Mm ilm C3 Trstta.(s} slob.#rrl�wxnisimndcrdrwarbYl4aamdoaroax o- LdwcsaetideorgpedamdrldoWutdatrde�tecKyvywfae4daee. the**Way domed by the X*W,If des claimed rin-kr it x cmtpffl000 =,ia�ihottde(CILcno.CF0 goW%e;y) • SeaarJy=hCh Chit dOOMMM to the 9*=d4scariaa 2OQ8YatiauCAPAw12,t007100.SrJ+?665 www2iotrYCfre<rsum 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 L-validity of that document. State of California County of _ _ LOS ANGELES On DECEMBER 17, 2015 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF 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. GLORIA MA Co Commission#2105161 Z Notary public-California z Los Angeles Coun Signature )d" ty X Comm,Explres mar 29,2019 (Seal) CSLEGAC OP ID: RWR ,4 o CERTIFICATE OF LIABILITY INSURANCE DATEIMMrDDfYYYY) 12!15!2095 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER eOM�cT KEVIN REED A Reed Surety&Insurance Services,Inc PHONEArc No Ext): FAX PO Box 2352 Arc No: 714-276-2684 Orange,CA 92859 ADDRESS:KEVIN REEDSURETY.COM KEVIN REED INSURER(SI AFFORDING COVERAGE NAIC# INSURERA:GREAT AMERICAN ASSURANCE COMP. 26344 INSURED 14 Legacy Construction AVE Inc INSURER 0:AMERICAN FIRE&CASUALTY COMP. 24066 1461 S.EAST END AVE POMONA,CA 91766 INSURERC:CYPRESS INSURANCE COMPANY 10855 INSURER 0: INSURER E: INSURER - INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D R POLICY NUMBER MMIODYYFYY POLICY YW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X GLP2464883 03/19/2015 0311912016 PREMISES -a occurrence $ 50,00 CLAIMS-MADE7 OCCUR MED EXP(Any one person) $ X XCUINCLUDED PERSONAL&ADV INJURY $ 1,000,00 X CONTRACTUAL LIAB GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIESPER: PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY X PRO-JFCTLOC AUTOMOBILE LIABILITY Es COMBINED SINGLE LIMIT 1,000,00 B JX ANY AUTO X BAA1656419246 0311912015 03/19/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Peraccidenl) $ HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS PERACCIDEN $ X UMBRELLA LIAB [�X OCCUR $ EACH OCCURRENCE $ 4,000,00 A EXCESS LIAB CLAIMS-MADE UMB2464882 0311912015 03/19/2016 DED 10000 X RETENTION$ AGGREGATE $ 4,000,00 JOB SITE $ 4,000,00 WORKERS COMPENSATION WC STATE) Ti I AND EMPLOYERS'LIABILITY X - Y S C ANY PROPRIETORIPARTNERIEXECUTIVE YIN CSWC608964 11/15/2015 11/1512016 E.L. ACH ACCIDENT OFFICERIMEMBEREXCLUDED? NIA $ 1,000,00 ❑ (Mandatory yes.dbeund E.L.DISEASE-EA EMPLOYE- $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROJECT: ORANGE BLOSSOM TRAIL PHASE I. THE CITY OF REDLANDS IS ADDED AS AN ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT AND EVIDENCED BY THE ATTACHE ENDORSEMENTS. ADDITIONAL INSURED STATUS APPLIES TO THE GENERAL LIABILITY AND AUTO POLICIES. CERTIFICATE HOLDER CANCELLATION CITYRED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF REDLANDS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 3005 REDLANDS,CA 92373 AUTHORIZED REPRESENTATIVE DN:cn=KEVIN PREED,o=Renu.' KEVIN REED &Iffiou=P ESIDE ery ces rn ou=YRESIDENF, email=kevin�rcedsuretycom,c=US Date:2015.12.1512:1094-0500' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD CS LEGACY CONSTRUCTION,INC. GLP 2464883 CG 20 37 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED _ OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organizations): Location and Description of Completed Operations: Any person or organization that "Your work" performed during this policy '.you" and such person or organiza - period. tion have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on "your" Policy , but only for "your work" performed during this policy period . Additional Premium: Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but: only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the"products-completed operations hazard." Copyright ISO Properties, Inc., 2004 CG 20 37 (Ed. 07/04) PRO (Page 1 of 1) CS LEGACY CONSTRUCTION, INC POLICY NO.: GLP 2464883 CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PRASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT MRTH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 - WHO IS AN INSURED is This insurance does not apply to: amended to include as an Additional Insured any person or organization for whom you are 1. 'Bodily injury," "property damage" or "per-- performing operations when you" and such sonal and advertising injury" arising out of person or organization have agreed in writing the rendering of, or the failure to render, in a contract or agreement that such person any professional architectural, engineering or organization be added as an Additional In- or surveying services, including: sured on your policy_ Such person or or- ganization is an Additional Insured only with a. the preparing, approving, or failing to respect to liability for "bodily injury," "prop- prepare or approve, maps, shop erty damage" or "personal and advertising in- drawings, opinions, reports, surveys, jury" caused, in whole or in part, by field orders, change orders or draw- ings and specifications; or la. supervisory, inspection, architectural I. your acts or omissions; or or engineering activities. 2, "Bodily injury,' or "property damage" oc- 2. the acts or omissions of those acting on curring after: your behalf; a. all work, including materials, parts or equipment furnished in connection in the performance of your ongoing oper- with such work, on the project (other ations for the Additional Insured. than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location A person's or organization's status as an Ad- of the covered operations has been ditional Insured under this endorsement ends completed; or when your operations for that Additional In- b, that portion of "your work" out of sured are completed which the injury or damage arises has been put to its intended use by any person or organization other than an- B. With respect to the' insurance afforded to other contractor or subcontractor en- these Additional Insureds, the following addi- gaged in performing operations for a tional exclusions apply. principal as a part of the same project. Copyright ISO Properties, Inc., 2004 CG 20 33 (Ed 07/04) XS FBL�Efta . r . ) If the Limits of Insurance of any other insurance policy have been exhausted or (3) To "bodily injury," or ;"property damage that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g- An "employee` of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee" 3. ADDITIONAL INSURED T CT T OR PERMIT SECTION 11'- LIABILITY COVERAGE,GE, paragraph A.I. m WHO IS AN INSURED is amended to include< the following as an insured: " n. Any person or organization with respect to the operation, maintenance or use of a covered s auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "Insured": (1)- Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and ( ) Only for the duration of that contract, agreement or permit . SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE, Coverage Extensions; 2.a. Supplementary Payments, para- graphs ( ) and (4) are replaced by the following: (2) Ido to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover:;We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from worm. 5. AMENDED FELLOW EMPLOYEELI m In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation ;exclusivity rule, or similar protection, the following Provision is added; SECTION 11 - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto you own or hire, SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: . HIRED AUTOPHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following; If hired "autos" are covered "autos for Liability Coverage, and if Comprehensive; Specified Causes of Loss or Collisioncoverage are provided under the Business Auto Coverage Form for any auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 2013 Liberty Mutual insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7