HomeMy WebLinkAboutContracts & Agreements_57-2012_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") made and entered into this
day of April, 2012, by and between the City of Redlands, a municipal corporation
organized and existing under the laws of the State of California, (hereinafter "City"), and
IAD Paving Company (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: Construction of the Edison Service Upgrade Work,
complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's 2012 CITY WIDE PAVEMENT REPAIR FOR
WATER PROJECTS, PROJECT No 71230.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$193,850.00 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
22-300.
3. TIME FOR COMPLETION: The Work shall be completed within Sixty(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 Five Hundred Dollars ($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
Five Hundred Dollars ($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.
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, Special Conditions, Special Provisions
and Specifications, and any addenda thereto.
CD 1
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or
interpret the ten-ns 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.
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)
A
Bv:
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
City Clerk,City of d1drids
County of San Bernardino, California (SEAL,)
Name of Contractor
BY:�
Signature of Authoriz t
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
2012 CITY WIDE PAVEMENT REPAIR FOR
WATER PROJECTS, PROJECT No. 71230.
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:
4",
(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 day of 2012 .
KAb vtk,-ot�m Lxv,
(Contractor)O
(Signature
(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
PERFORMANCE BOND
Whereas,the City Council of the City of Redlands, State of California, and
(hereinafter designated as "Principal")
have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated '1012, and--i
identified as Construction of 2012 CITY WIDE PAVEMENT REPAIR FOR WATER
PROJECTS, PROJECT No. 71230 is hereby referred to and made a part hereof, and
Whereas, said Principal is required under the ternis of said agreement to furnish a bond for the
performance of said project.
Now,therefore, said Principal and as surety, are
held firmly bound unto the City of Redlands(hereinafter call "City"), in the penal sum of-
Dollars($ _) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, 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 hers heirs,
executors, administrator, 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 said agreement and
any alteration thereof made as therein provided, or his or their 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 defend, indemnify and save harmless the City, 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 the face amount specified therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The surety 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 anywise 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.
In witness whereof, this instrument has been duly executed by the Principal and surety above
named,on 2012.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Sip-nature)
Address:
(Sea]and Notarial Acknowledgment of Surety) Telephone
CD 5
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 whereby Principal agrees to install and complete
certain designated public improvements., which said agreement, dated
2012, and identified as 2012 CITY WIDE PAVEMENT REPAIR FOR WATER
PROJECTS, PROJECT No. 71230 is hereby referred to and made a part hereof, and
Whereas, under the terms of said agreement, Principal is required before entering upon the
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performance of the work, to file a good and sufficient payment bond with the City of Redlands to
secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Pail
4 of Division 3 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 of Redlands and all contractors, subcontractors, laborers, material men and other
persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedure in the sum of Dollars($
for materials furnished 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 attorney's fees, incurred by the City of Redlands 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.
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 15 (commencing with
Section 3082) of Part 4 of Division 3 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 said 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.
In witness whereof, this instrument has been duly executed by, the Principal and surety above
named,on 2012.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknovdedgnietit of Surety) Telephone
CD 6
BOND NO.1000826418
BOND PREMIUM ISSUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
BOND PREMIUM IS$5,816.00
BOND ISSUED IN DUPLICATE
PLRF0RN1AN(7L, BOND
Whereas,the City Ca3uwil of A City cd,'Redlanids, St te cf and
(VIVADEngineering- '(here inafter designaaed as "Pr-neipal")
ha%v eiverrend in-to an "igreenuent "hemb; Pi-incipal agrees to ingal"'111. and cornplete ceTtain
desigmizei.public impo-r"ennenit�;' 'x"Ihic')-i saiti '-ig%% nent, daed 2011 amd
idenTifie as Construction of 2012 CITY WIDE VVVENMEW REP.-UR FOR WAXER
PROJECTS, PROJECT No. 71230 is hemby rcbrmd to and made a pan hereof! and
Whereas, said Pnincipai is required undanr !-ic itornas ofsaod a_reemicn. ?w funlish a bond for the
perfi-n-nance of said prcnct,
NovN,therefore, said =r f tJ S Specialty Insurance Company------- ........... - as surety, am-
1 4
he
ily hound unto On(1, X Red1wids QrcumAx APT!V'), oritlhe plmal sumof One Hundred
I'Mnebt Three Thousand_Eight Hundred Fifty and 00J100j)cit.,aps€ 193,850 00 awflai
n-
a ney of the United Smies. Q the paynw, of wh1h itun 61 nd !mly to he mak, we bind
-vars i 'I � I
eives� our heins, ex'�CU"�ors arid join ,,, I
c -- fl, and y ffi-mly y
these presem
Fhe comAtiort of thk Qiymior, is such rhat if Ae aboin Minded Principal- his or hers heirs,
administrau"l, (4 2,�s'ignn shall in A Aings �,iuirid €a ,xid abideby, and well
ee. eiana
i , I
ca.;b I u 1 y keep ar.d per<',i,�,n-n� !1 o t-n'I no',n a o n d h io n s a n d p r o 3.°i -k]l e s a r n n
aiv,- aheration thereof made ii� dherein provided, or Ins or then- pan't, to bt: 111kept and perfomied a[
be time and in the manner dwrein specifiaL and in, all respects accordn-in, to their trie inteent and
mcanAg. and .hasderinndl, avid save han-niuss, thc C'it,-�%% its 6ected officials. offions,
ager
us and employets. as flniercin stipulated, ten M ot.,liggati(v, sjz,, ,! becjnie pull and void,
-ienvise it shad be rel--nani n-i fuffll iorce and eftc',ct,
amw
As it par, of the obliga-.% seared hemby and in addition the tof amoiurit specified therefore,
dwris shw! be included cos", reasonable expenaes, ant'! i'ees, inichaux zigf, reasonableaaorney's
f'ees ineur-cal by the City ni successAHy ey6mOg swj-� in] eekllb� Taxed as cos'is and
included,in any judernen-, e-z�dered,
1 lie surety hcr-eb� suprnweN mid agrees that my change. exienskm of Ame. ahersturn or addhon to
tile terms of the agre ot to, flie .vork to be perknned or the sl-,)ecificatioas
accon-panying the samc AN! in any,ke anki ns obhgwions on % %Q and it does heTeby
v,'aive notice of any such, evenskm VK Me, to the tenns- ofthe
a"greernew or to the work ,�r ti,, :>ie
In u-nness MaroE &N nonmwnt ON Imen duly eKeaaed b) Me Privqml and sunny Move
lmmel onAA�ri1 23, 20 i 2,
{moi A Uli
K A D Paving_ mpan dba K A D Engineering Ins n,ceCorn an
n t rmz- (,SUWW)
By:
(Signatul zatu Yung = ulliAttorney-in-Fact
`
S . 13j----
714 740- 00
ard Notarial Acknov,
ACKNOWLEDGMENT
State of California
County of Orange
On -April 23,2012 before me, -- Christine T. Hoang.Notary Public
(insert name and title of the officer)
personally appeared 'y
Lung T. Mulfick
who proved to me on the basis of satisfactory evidence to be the person(X)whose name(X) is/RFa
subscribed to the within instrument and acknowledged to me that he,',�k**ft executed the same in
hiskiek authorized capacity(ma), and that by his/ ek signature(&)on the instrument the
person(), or the entity upon behalf of which the person(y,)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.
CHRISTINE 1"HOANG
WITNESS my hand and official seal. C4 M.9, 11-27909
NoTgRYPAI i.-MUFORNLA
ORANGE COUNV
my cm ,bmim Dec 23 4 11 2
V
Signature— ox` (Seal)
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY .U.S.SPECIALTY INSURANCE COMPANY
E.
KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company,,,a Texas corporation (collectively, the
"Companies"),do by these presents make,constitute and appoint:
James W.Moilanen,Yung T.Mullick,or Jennifer Caroline Anaya of Mission Viejo,California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances,undertakings
or other'instruments or contracts of suretyship to include riders, amendments, and'�onsents of surety, providing the bond
penalty does not exceed *****Three Million***** I Dollars (s **3,000,000.00** ).
This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by
authority'ofthe following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Anomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney-in Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or tenninating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of aroe) or any certificate relating
thereto by facsimile,and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
ru
any bond ondertaking to which it is attached. li
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
3'd day of October,2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate`Sealst T
SEAL •• tht
�tircxt
By:
Daniel P.Aguilar,Vice President
State of California -
County of;Los Angeles SS:
On this 34 day of October,2011, before me,Deborah Reese,a notary public,personally appeared Daniel P. Aguilar, Vice President of
America n"Contractors Indemnity Company, United States Surety Company and U.S.Specialty Insurance Company who proved tome
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity,and that by his signature on the instrument the person(s), or the entity upon behalf of
which the,person(s)acted,executed the instrument. �r
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.
0 lug"
EiH011AM
Signature � _ lteeS-+-- (Seal) -COMMIN
L_Mooks COW"
> tan. �f! !nf )•.;
1,Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurancei.Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of
Attorney are in full force and effect.
4'
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 23rd day
Of- APRIL 1012_
CorporateSeals �3Cf �
� � +
Bond No. 10009164 Ist zA�' Jeannie Lee, �sistant Secretary
Agency No. 7715 N P +
BOND NO.1000826418
BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND
BOND ISSUED IN DUPLICATE
LNROR AND MATERIAL BOND
Whereas, the(My CounuH kite(7n; of RaH=d& S of CAMA and KA D Pavm Com an
dba K A D Engineering desi -tated 11�'
-Principa'-) ha-,e enterccl --t-ivo :-,n, a�rec',.-,neni whereh3 Principal agrccs tall and complenc
ccrrain designiated publl-,,�, wllh"Clh' agroc'nent, dazekl
20111 and as 2012 CITN' XX IDE PAV"ENILM' REPAIR FOR WATER
PROJECTS, PROJUA' No. 71230 is hCrei) 1,-e1'ZTc0", to wnd, nniaice a pari,hereot; and
Whereas, under ine terms �-if �,aid agrekene�n-,, Priricipal is en-ttying apon the
p,-,rifonmance of the wmkm Ale a good and suinvient payinent bond ...it the Chy of Redlards to
secure the claims u.1 w1hk ch re 1", r n"C 1 nm& in 1 nk 1:5 ( nrie ,c i v,ith Sect iint 3082)of Pan,
4 cd MR%3 of the C, de,, b < sratc .kf califorrkia,
7%ovv, therrfore. said, ,.All 1,11C LHAIO',-Signied as ccrporary surery, are held fil-n-my bound
wau Be C!, of RaRand,-," <ind all c-cmiractors. suMnmrac-torn laborers,, nen and other
1xisons ernployod in the perfornaincc 1-'e I o"-Z'-w aLn-eenic"'M and, rei'crred to in he a4ioresaid
Cn4�d F1'T1,qjQbband f),H,
Cbde of CIA! Medum in ti"-,,e sur-,--5, o? IX an ?Xs(S 113,850.00
at materials furnished, s,r "abo, cd mp M or Or wnwnN dae un&r be Unernploynien',
Insurn-nee Act with nn i° to moh --a, r. .-,r luihrthat said suw,-,ts,' v,,t 1; pa,�,, uie sarne in an anicstaut
m,.t exceeding the aniount hcre�mab,,,kvc set fiurih. and We in cne is or,,,-'�,aghrk upor, this bovid.
a M •pkq in adh6on to the We wount lhcrek)f coMs and ratsonalolk:cxpc-n-,es and teeez;, inciuding
e
fly eubming such
rasonable atturnev-s f CSn,-Ull-Cd D, TCCTY tn' ;,.ed nid�, uceesful
,01 , auuntobeawardod and Kee byth-coum andtobe i axed -i �,;t s aind tobeirse-ludedinthe
Qgment thwein renderf,'-d,
h 0 hembexpt-esody supWmed and agwed ,ha ,hk bcn,,J shall inat,rc n,k ilne benefit of any an-d ail
persons. compames and ez;thkd ui the cAhnsundier I iilc 15 (com.-nencing whit
Section 30\2) of Pan 4ol'-104M 3 tc (53 Codie, '�o as., to gr,'i-- a ri,,,,h-, ofaciou 'to thein or
Owk assWnsdin apnuk hrouyv qwn Ow %xi,
Sliould the condition of this bond he 1ruil" pk�rfornne-d' then this oblhgaiiu-n ,!hali hecome nuH and
M othemise it skH he wid ren-,,oin in hukll force and ef'fect,
The&urrety hereby supulatcs anda-re----s 1hal no change.extenshmi of Ms. a1wrationoradthdon to
thi fernis of said agrterneini, the slyecificauor' aceonlra'an�' th
-'n- c san-
g - me shall in any manner
;,i[t-'ect irs obligations on this bcm& :.=id A does 1wreby uwivc- notice (,f suchchange, extension
4 time, alteration or additon.
in. witness whereof dis inmnannni has been" du"!,' executed h-, i,"hc Princioal and sure!y abcf-vV
named,on Aprj�l 23 2 ol 2
AL AQ
(SE.01
K A D Paving Company dba K A D Engineering < VLA
U�.S.
-5�-'S ecialt Ins ante Company
canrrac V6h SureW)
HY
(54 Mat Y T.Mul]4,Attorney-in-Fact
Aadrs�,t 625 The City Driv outh Ste.130
Orange,CA 9 -a-
and Narariai Ackr.,o"ledgnwr; i muun 1 sbyqwme; 714
1) 6
ACKNOWLEDGMENT
Mata of California
County of Qrange )
On April 23. 2012 before me, Christine T. loam,Notary Public
(insert name and title of the officer)
personally appeared _ Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(X)whose namets} is/am
subscribed to the within instrument and acknowledged to me that he executed the same in
his its authorized capacity ' , and that by his k . signature(s)on the instrument the
person(*), or the entity upon behalf of which the person(x) acted, executed the instrument.
1-certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
G
WITNESS my hand nd official seal.
100MY PU
ORANG
NTY
s , 1
Signature _ (Seal)
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company," a Texas corporation (collectively, the
"Companies"),do by these presents make,constitute and appoint:
James W.Moilanen,Yung T.Mullick,or Jennifer Caroline Anaya of Mission Viejo,California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizanees,undertakings
or otherinstruments or contracts of suretyship to include riders, amendments, and-consents of surety, providing the bond
penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ).
This Power of Attorney shall expire without;further action on March 18, 2015. This Power of Attorney is granted under and by
authority,,of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shalt be and is hereby vested`with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,.and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter attixed to any power of attomey or any certificate relating
thereto by facsimile,and any power of attorney or eertifieitte bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond oi`undertAingto which it is attached. it
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
3rd day of October,2011. t
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporat&SealsT� o
tic SEAL By: , "e t
b'
Daniel P.Aguila ViPresid�
Cdi - t `
State of ifornia
County of Angeles SS: i
On this P day of October,2011,before me,Deborah Reese,a notary public,personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of
which thc.person(s)acted,executed the instrument. i
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 � � �,tee$4 (Seal) wr iwre0
L"sorm con"
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1,Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of
Attomey.are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies'-at Los Angeles, California this 23rd day
Of- APRIL 2Al2
Corporate Seals
T
� SEAL �° �` -
Bond Nd.,.- 1 O DS26d1 R tZj, j Jeannie Lee, ssistant Secretary
Agency No. 7715 f
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