Loading...
HomeMy WebLinkAboutContracts & Agreements_147-2015_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract("Contract") made and entered into this 215`day of July, 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 All American Asphalt (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: HILLSIDE CEMETERY ROAD RESURFACING PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HILLSIDE CEMETERY ROAD RESURFACING PROJECT, Project No.49006. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$395,331.00 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 60 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$1,000 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 $1,000 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. 5. 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 legal 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 assigiunent 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) By: r"Mayo—r—,"City of Redlands, County of San Bernardino, California ATTEST: ot1 Doruty City Clerk, City of Redlands County of San Bernardino, California (SEAL) �( i�cecuA�P# Naive of Contractor Y: L• Signature of Authorized Agent Title Signature of Authorized Agent (if necessary) Title 4-- ZCr 707 Contractor's License No. CD 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL A notary public or other officer completing this certificate verities only the identity of the individual who signed this document to which this certificate is attached_and not the truthfulness-accuracv.or validitu cif that document, Mate of California County of Riverside On July 27 2015 before me,, - B.l oyster,Notary Public q Date Here Insert name and TRie of the Officer personally appeared Eduard J. Carlson Name signer who proved:to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument B. ROYSTER and acknowledged to me that he/s4e4hey executed the same in Commission 2033332 his/ e# authorized capacity(° ) and that by his/he#th& Notary Public s California- signature(&)on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s)acted,executed the instrument. M Comm.Es it Oct 209 201 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my/6 nd an fficial seal. Signature Place Notary Seal Above.. ----- - Signatilre of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to:another document; Description of Attached Document' Title or Type of Document Public Works Construction Contract-City of Redlands Document Cate July 21, 2015 Dumber of Pages: 3 Signers) Other Than Named Above: None Capacity(' )Claimed bySigner(s) Signer's Game; Edward J. Carlson Signer's Name: ❑ Individual rt Individual Corporate Officer—Title( ): Vice President o Corporate Officer—Till e(s): n Partner E D Limited o General "thumb © Partner ❑ o Limited o General *Attorney in Fact ®Attorney in Fact*Trustee Top of thumb here Li Trustee ,�t.,. *Other: 0 Gth r`- Signer is Representing: signer is Representing: All American Asphalt WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department HILLSIDE CEMETERY ROAD RESURFACING PROJECT, Project No. 49006 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 186 1) Dated this�day of 12015. 4a AP64/kr (Contractor)(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 No.:7645753 ` Prcmium:5 1,562.00 Premium is for contract term and is subject FAITHFUL MRFORlV1ANCIE BOND Fxee tedtr :2 Counterparts contract price Whereas, the City of Redlands ("City"), State of California, and All American Asphalt (hereinafter designated as "Principal") have entered into an agreement dated July 21, 2015 ("Agreement") whereby Principal agrees to install and complete certain public .'improvements (the "Work"), which said Agreement is idcritificd as HILLSIDE CEMETERY ROAD RESURFACING PROJECT, Project No. 490016 and is hereby referred to and made a part hereof;and 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 Fidelity and De osit Company of Ma land as Surety, ars: held and firmly bound unto the City In the penal sunt of three hundred ninety five thousand three hundred thirty one dollars and zero cents ($395,331.00) 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. 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 perform the covenants, conditions and provisions in the Agreement and any alteration,thereof made as therein pro-Oded, 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 ernployees,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 Treasonable 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 rcndered, 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 snake 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 taving performed the City obligations thereunder,the Suroty 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 CD 5 Agreement price,but not exceeding, including other costs and damages for which Surety may be 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 rnodifications, 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 not 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 July 23 , 2015. (SEAL) (SEAL) All American Asphalt Fidelity and Deposit Company of Maryland ( o tctor) (Surety) Rebecca Haas-Bates (Signature) Attorney-in-Fact !fl[-� ) V F•C� • Addregs:777 S. Figueroa Street, Suite 3900 (Seal and Notarial Acknowledgement of Surety) Los Angeles, CA 90017 Telephone: ( 213 ) 270-0600_ CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL A notary public or other officer completing this certificate vermes only the identity of the individual who signed the document to which this certificate is attached_and not the truthfulness_accuracy€},or validity of that document State of California County of Riverside On July 27, 2015 before me, B. Royster,N tM Public Date Here Insert narne and TR[e of the Officer personally appeared Edward Js Carlson Name Sigrert_ who provedto me on the basis-of satisfactory evidence to be the person(s) whose name(s) is/a-re subscribed to the within instrument . ROYSTEP and acknowledged to me that helshe44ey executed the same in Commission#2093832 hisflae4the# authorized capacity( s), and that by his/her/their Rotary Public-California signature(s) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s)acted, executed the instrument. Comm.Ex ire:Oct 29®2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my Land an official Seal.-- ,° tl Signature Place Notary Seal Above Signa reafNotary.Public :. OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document_ Faithful Prfon-nance Bond, —City of Redlands:.. Document Date: July 23, 2015 Number of Pages 4 Signer(s) Other Than blamed Above. Rebecca Haas-Bates, Attorney-in-Fact Capacity(fes)Claimed by Signer(s) Signer's lame: Edward J. Carlson Signer's Name: ❑ Individual In Individual X Corporate Officer—Title(s): Vice President ❑Corporate Officer'—Title(s): ❑ Partner Ei. ❑ Limited c General 7thumbhere ❑PartnerD ❑ Limited ❑ General❑Attorney in Fact � ❑attorney in Fact ❑Trustee Top ❑TrusteeTop of thumb here ❑Other: ❑Other: Signer is Representing: Signer is Representing: All American Asphalt CALIFORNIACIVIL CODE § 1189; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of Orange On 07/23/2015 before me, R. Paramo,Notary Public Late Nero Insert Name and Tide of the Officer personally appeared Rebecca Haas-Bates Name ,l,of SignerN who proved to me on the basis of satisfactory evidence to be the person* whose narme4 is/we Subscribed to the within instrument and acknowledged to rye that Wshafthey executed the same in his/her/theirauthorized capacity(tbQ,and that by his4herftheir signature ,on the instrument the person 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 tri rd�-GWT ct AR, ,�`1 ITN SS my band nd oc eal it t d COUP tgnatre..,- x Comm. 2 7 Signature of Notary Public Place Notary Seal Afaove OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document, — Performance Bond No.7645753 Document late. 07123/2015 Number of Pages: Two Z , Signer(s) Other Than Named Above: All American Asphalt Capac` "'(ies) Claimed bySigner(s) Signer's Name; Rebecca Haas-Bates Signer's Name.- 0 ame.0 Corporate Officer Titles). D Corporate Officer — Title(s): Ll Partner — 0 Limited 0 General LJ Partner — D Limited El General * Individual 2Attorney in Fact i-1 Individual 0 Attorney in Fact *Trustee D Guardian or Conservator 0 Trustee 13 Guardian or Conservator Other: 0 Others Signer is Representing. Signer Is Representing: Fidelity and Deposit Company of Maryland 02014 National Notary Association .www.NationaiNotary.org - 1-800-US NOTARY(1-800-976-6827) Item#5907 PRF7645753 Bond Number City of Redlands Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P.Bond,Vice President, in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,constitute, and appoint Rebecca Haas-Bates its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 23rd day of July A.D. 2015 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND a By. Assistant Secretary lice President Gerald F.Haley Michael P.Bond State of Maryland County of Baltimore On this 23rd day of July A.D. 2015 before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Michael P.Bond,Vice President and Gerald F.Haley,Assistant Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,dcposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Oficial Seal the day and year first above written. Constance A.Dunn,Notary Public %?rc,,;,�� My Commission Expires:July 1Q,20I5 Bond No,, 7645753 Premium is ineluded in the pertartrnanee bred MATERIALLABOR AND Exeeattedin: 2 Counterparts Whereas,tho City Council of the City of Redlands, State of California, and All American Asphalt (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 agreernerit,cued July 21, 2015, and identified as HILLSIDE :]fit ,r RESURFACING PROJE ,Project Nu. 4 006 is hereby referred to and mads a part la reof,and bereas; under the terms of the Agreement, Principal is required 'before con ending the perfornurnoc 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" 50) of Part 6 of Division 4 of the Civil Code of the Mate.of California. Now, therefore said principal and the undersigned as corporate surety, are held firmly bound tinto the City acrd all contractors,ssubcontrsctona, laborers, coat rial nien and otherpersons employed in the erforniance of the. Agreement and referred to in the aforesaid Code of Civil Procedure in the Stan, of three hundred Wrtety fivo thousand three hundred thizty one dollars and ze.to cents ($395,331.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Imurance ,pct with respect to such work or labor, Haat said surety will pay the same in an arnoulat.trot o-xceeding the amount hereir bove set forth, and also in case suit is brought upon this band, will pay, in addition to than face armutit thereof, costs and 'reasonable eVenscs 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 he included in the judgment therein rendered. It is hereby expressly stipulated and agreed that.this bond shall i_asure to the benefit of any and all persons, c panic and corporations entitled to file claims under Title 3 (commencing with Section 955tJ) of Part fi of Division 4 of the Civil Cade, so as to dare a right of action to them or their assigns in,any suit' brought upon this band, Should the condition of this band be fully performed, then this obligation shall become ttuli;and void,othem ise it shall be and remain in full;farce and effect, The surety hereby stipulates, and agrees that no change, extension of time, alteration or addition to tilts term, of the agreement or the specifications accompanying the surae shall in any.manner affect its obligations on tl-is bond, and it sloes hereby waive-notice of any such clearage, w0oftsion of time,alteration; or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, an July 2 ,2015, (SEAL) (SEAL) All American Asphalt Fidelity and Deposit Company of Maryland ( r) (Surety) ., 1 i attar Rebecca Haas-Bates (Signature) A Corney-in-Fact vla�6 ,kddr"s.ZT S. Figueroa Street, Suite 3900 (Seal and Notarial Acknowledgement of Surety) Los Angeles CA 00017 Telepbone� 213 } 270 (D000' CLD 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT IL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truffiiarinesse accuracv.or validity ofthat document State of California County of_ Riverside On July 27, 2015 before me, B. Royster, Notary Public . .�._._ Date Here Insert name and TAle of the Officer personally appeared Edward J. Carlson Narner f Signe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ r-- subscribed to the within instrument B. ROYSTER and acknowledged to me that he/ executed the same in Commission 2083832 hisl4e4thc4 authorized capacity(+es)„ and that by his/ Notary public a California z signature(s) on the instrument the person( ), or the entity upon behalf Riverside County �$ of which the person(s)acted, executed the instrument. comm. i e t 264 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS myfiend an fficial Seal- Signature eal,- Signature � .� Place Notary Seal Above ..Sign re of Notary Public OPTIONAL Though the;information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Labor and Material Bond City of Redlands Document Gate. ;duly 23,2 015 Number of Pages. 3 Signer(a) Other Than Named Above: Rebecca Haas-Bates, Attorney-in Fact® Capacity(. )Claimed by Signer(s) Signer's Name: _ Edward J. Carlson Signer's Larne: o Individual ❑ Individual' X Corporate Officer—Title(s): Vice president o Corporate Officer`—Title(s): © Partner 0 c Limited o General ❑ Partner L ❑ Limited ® General ®Attorney in Fact; am D Attorney in Fact 7Tupumb here*Trustee C;TrusteeTop cr thumb here o Other: o Other: Signer is Representing. Signer is Representing: All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 07/23/2015 before me, R.Paramo,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose names$ is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/theit'authorized capacity,and that by his4her/their signature4on 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 rue-end rrect. R. PARAMO WITNESS my he d n o i ' seal. Commission#2035890 Notary Public-California i Z Orange County ' �Sigrtature� M Comm.Egires-Aug 5 2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7645753 Document Date: 07/23/2015 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): Cl Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual ['Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: _ ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 02014 National Notary Association -www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 PRF7645753 Bond Number City of Redlands Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P.Bond,Vice President, in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Rebecca Haas-Bates its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 23rd day of July A.D. 2015 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'a ot�os� KI Y� P Assistant Secretary Vice President Gerald F.Haley Michael P.Bond State of Maryland County of Baltimore On this 23rd day of July A.D. 2015 before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Michael P.Bond,Vice President and Gerald F.Haley,Assistant Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,f have hereunto set my hand and affixed my Official Seal the day and year first above written. ;`I c a\ft3�14.nw Constance A.Dunn,Notary Public �< -.-•�s�.' My Commission Expires:July 14,2015 �,��;gin'•