HomeMy WebLinkAboutContracts & Agreements_78-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This PubliWorks Construction contract("Contract") made and entered into this LJ_day of
III Px__� 20 12, by and between the City of Redlands, a municipal corporation organized
and existi4g under the laws of the State of California, (hereinafter "City"), and KAD 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:
I.,
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the folloxNrin9: IOWA STREET BRIDGE REPAIR, City Project No. JL 48031,
1,
complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's IOWA STREET BRIDGE REPAIR, City Project No. JL 480')1.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$_54,530.00_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 Forty-Five (45)
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 (5500) 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 (5500) 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 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.
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) (Ow=ner)
By:
Mayor, City of Vedlands, County of
San Bernardino, California
AT`I"EST:
City Clerk, of kedlands
County of San Bernardino, California (SEAL)
Name ot Contractor
By:
Signature of Authorized A
7-:-
Title
Signature of Authorized Agent(if necessary)
Title
�131
Contractor's Licefise No.
CD-3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities& Engineering Department
IOWA STREET BRIDGE REPAIR,
Project No. JL 48031.
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 beingt, 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 201 0 .
(Contractor)
�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
Op ID PS
A4C4C>Mf_ � DATE(MMIODIYYYY)
� CERTIFICATE OF LIABILITY INSURANCE 05/16/12
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 INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)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 amen s.
PRD 909-980-4211 ACT
Sllverstone Insurance Services
PHONE
Jetton&Assoc Ins Svs Inc t
909-9813-478 •Ext!: _ _ Noi .-___
P.O.Box 1200(Lic#OC 29) E-MAIL
ADDRESS:
Rancho Cucarn a„CA 91729-1200 _U_ R_j{ApPA-3
Brent Jedon,AAI, IC OLrFRcD#:
�NsurzERjs)APfoRtNriG cOVERACsE NAIL a
INSURED KAD Paving Canpany INSURER A!James River Insurance Company 112203
1217310th Street INSURERS:Nationwide Mutual Insurance Co 23787
Yucaipa,CA 92399
INSURER C:Rockhill Insurance Company 28053
INSURER D:
INSURER E:
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 i5 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR L, - ....-__ - r POi.rCY EFF LJc EXF+_. -
LTR TYPE d=INSURANCE POLICY NUMBER ! MMtDD MA LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0
A X COMMERCIAL GENERAL LIABILITY X 1000524750 03119112 03/19/13 ,PREMISES t- Ems--�-- $ 50,0
( CLAIMS-MADE �OCCUR II ! WED EXP(MY one person) $ Exclud
" €PERSONAL 3 ADV INJURY $ 1,000,0 ..
GENERALAGGREfATE
GEN'L AGGREGATE LIMIT APPLIES PER: j PRODUCTS-C{7G /OP AC,G ($ 2,000,00
POLICY X JFCT IRO- El LOC i IS
—
AUTOMOBiLE LIABILITY 1 COMBINED SINGLE LIMIT i$ 1,400,00
(Es )
B i X ANY AUTO ACP7805481112 03119112 03119113 #_
BODILY INJURY(Per person) S
E ALL OWNED AUTOS BODILY INJURY(Per a0ad� ) S
SCHEDULED AUTOS j 1
PROPERTY DAMAGE
X HIRED AUTOS I (P er acmdent)
$ --
X NON-OWNED AUTOS ; $ _
UMBRELLA LIAR X I OCCUR 1 EACH OCCURRENCE $ 1,000,00
X EXCESSLiAB CLAIMS MADE; 'AGGREGATE $ 1,000 00
C --- 'RXSLRU00106100 03/19/12 , 03119/13 - ---
}DEDUCTIBLE ! v
RETENTION $ $
WORKERS COMPENSATION ± WC STATU- = i OTH-
AND EMPLOYERS`LIABtLrrY Y f N i ;TORY LNNITS I _ f R
ANY PROPRIETORIPARTNEWEXECUTIVE (-' €N i a 1 i E.L EACH ACCIDENT(Marwistory in NH) ;$
OFFICERIMEMBER EXCLUDED? F_j —,
N}es be under j ' I E.L.DISEASE-EAEMPLOYEE
1$
DESCRIPTION OF TIONS below E-L_DISEASE-POLICY LIMIT I$
f3 R dtLeased Eqpt i ACP78054$1112 03119112 03119113 Ivalue 100,000
DESCRIPTION OF OPERATIONS t LOCATMS I VEHICLES (Attach ACORD 101,Add lonar *s Sotteduie,If more spate Is required)
City of Redlands Is additional Insured with respects to ggeneral liability
Repair ,
MC201 GUS 04110 and�IIC2037U 04110.RE:The Iowa Street Bridge
Repair,Project#48031
CERTIFICATE HOLDER CANCELLATION
LITRE-3
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Rodtainds ACCORDANCE WITH THE POLICY PROV151ONS.
35 Cajun Street#1 SA
Redlands,CA 92373 AUTHORIZED REPRESENTATIVE
0 1985-2009 ACORD CORPORATION, All rights reserved.
ACORD 26(2009/09) The ACORD name and logo are registered marks of ACORD
000524750
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (SCHEDULED) - APARTMENTS
AND ALL CONSTRUCTION OTHER THAN
RESIDENTIAL HOUSING
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
Name Of Additional Insured Person(s) Covered Operations
Or Organization(s): I
City of Redlands The Iowa Street Bridge Repair, Project
#48031
Information required to complete this Schedule, if not shown above will be shown in the
Declarations.
A. SECTION 11—Who Is An Insured is amended to include any person or organization shown in
the Schedule for which you are required to include as an additional insured on this policy by
written contract or written agreement in effect during this policy period and executed prior to
the"occurrence"of the"bodily injury'or'property damage." Coverage provided such
additional insured is only with respect to liability for"bodily injury", "property damage"or
.personal and advertising injury caused, in whole or in part, by:
1. Your acts or omissions or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s), providing that:
.your work"or"your product" related to Covered Operations shown in the Schedule above,is
other than"residential housing"of any description.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to"bodily injury"or"property damage"occurring after
1. All work,including materials, parts or equipment furnished in connection with such work,
on the project(other than service, maintenance or repairs)to be performed by or on behalf
of the additional insured(s)at the location of the covered operations has been completed;
or
2. That portion of"your work"out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project
MC201OUS 04-10 Page I of 2
—--------------I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
C. Any coverage provided by this endorsement to an additional insured shall be excess over
any other valid and collectible insurance available to the additional insured whether primary,
excess,contingent or on any other basis.
The following definitions are added to SECTION V—DEFINITIONS of this policy:
"Residential housing'means a structure or structures, including the land upon which it is situated,
designed or intended for occupancy in whole or in part as a residence by any person or persons_
"Residential housing"does not include"apartments"or"apartment buildings."
"Apartments"means one or more rooms of a building used as a dwelling unit separate from
others in the building and which are rented from others by those dwelling in them.
"Apartments building"means a structure containing two or more separate"apartments,"
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
Includes copyrighted material of Insurance Services Office, Inc., with its
permission.
MC201OUS 04-10 Page 2 of 2
000524760
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS -
SCHEDULED PERSON OR ORGANIZATION
APARTMENTS AND ALL CONSTRUCTION OTHER
THAN RESIDENTIAL HOUSING
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
Name Of Additional Insured Person(s) Covered Completed Operations
Or Organizations(s):
City of Redlands The Iowa Street Bridge Repair, Project
#48031
-information required to complete this Schedule, if not shown above will be shown in the
Declarations.
A.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",as described in the
schedule of this endorsement performed for that additional insured and included in the
"products-completed operations hazard"as described in the Covered Completed Operations,
schedule above.
B. The insurance provided to the additional insured under this endorsement is limited as follows:
Covered Completed Operations shown in the schedule above shall not include"residential
housing"of any description.
C.Any coverage provided by this endorsement to an additional insured shall be excess over
any other valid and collectible insurance available to the additional insured whether primary,
excess,contingent or on any other basis.
The following definitions are added to SECTION V-DEFINITIONS of this policy:
'Residential housing'means a structure or structures, including the land upon which it is situated,
designed or intended for occupancy in whole or in part as a residence by any person or persons.
"Residential housing"does not include"apartments'or"apartment buildings."
Apartments means one or more rooms of a building used as a dwelling unit separate from
others in the building and which are rented from others by those dwelling in them.
"Apartments building"means a structure containing two or more separate"apartments."
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
includes copyrighted material of Insurance Services Office, Inc., with its
permission.
MC2037US 04-10 Page 1 of 1
Form WE . Request for Taxpayer Give Form to the
W 9
(Rev.January 2011) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
KAD PAVING COMPANY
Business namaidisregarded entity name,if different from above
0)'D KAD PAVING COMPANY DBA KAD ENGINEERING
co
a Check appropriate box for federal tax
0 classification(required): ID Individual/sole proprietor c corporation S corporation Partnership Trusvestate
0
Exempt payee
0 Limited liability company-Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
0 L --------------------------------
c
CL Other(see instructions)►
E Address{number,street,and apt.or suite no.) Requester's n7ne�<and address(optional)
e
P/
City,state,and ZIP code
U) YUCAIPA CA 92399
List account numbers)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
toavoid backup withholding.For individuals,this is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other -m -C--C-'�-�
entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter. n2 7 -UO6TI]:SEE_
+rierl:iflcation
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3, 1 am a U.S,citizen or other U.S.person(defined below),
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4. 1 0 )� Date 1 0
�Sig=nSi.g.at.re of
Here
U person
U.S.person lli�
General Instructions Note.If a requester gives you'a form oth4r than Form W-9 to request
your TIN,you must use the requester's form if it is substantially similar
Section references are to the Internal Revenue Code unless otherwise to this Form W-9,
noted. Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must -An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identification number(TIN)to report,for -A partnership,corporation,company,or association created or
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation *An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA. -A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident Special rules for partnerships.Partnerships that conduct a trade or
alien),to provide your correct TIN to the person requesting it(the business in the United States are generally required to pay a withholding
requester)and,when applicable,to: tax on any foreign partners'share of income from such business,
1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a
number to be issued), partnership is required to presume that a partner is a foreign person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a
3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S,trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income,
Cat.No.10231X Form W-9(Rev,1-2011)
BOND NO,1000826428
BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
BOND PREMIUM IS$1,636.00
BOND ISSUED IN DUPLICATE
PERFORMANCE BOND
Whereas, the City Council of the Cit-N' of Redlands, State of Califon fila.and K A D Paving Company dba K A D Engineering
"hercinafter designated as"PrinciNIF),hav�'-'Iitered intoan a,recTnem whicreby Principal agrees to instaltand
conipicre certant de-i 201
-i gnated public inlprcwments, which said ae-ve'rnew.dated12,
and Identified as IOWA S'TRFEF BRIDGE REPAIR, ProL a
ject N"o, fl, 48C)"41 is herelitv referred!0 ali
ma&a part hereof:and
wn,eevnenl 1,
-o M ;h,a hoind tbr the peerforinance ot
Whereas.said Principal is requlirC( lunder ihe teri1spf said
,,aid oroicet.
F J
N'(1w,therefore.said Priucipal and U S,Specialty Insurance airetv.are tie' th-il-d-
St_cqmpany ld
_�p _j
C' in the penal sum of Fifty Four F...Hundred_
bound unto the City of Redlands call _�o tes.Sta
Thirty and 00/100 Dollars 54,530 00 laxVftll-money of th etlnited
for the pavinent of which sura "ell and truly to be madefwe birid ourselves, our heirs.successors,executors'
and administrators,jointiv and se-verally, firnfly by ThC`C preSeul S,
I'llc _,011dition of this obligation is SUChi that ifthe above boupded principai, his or hers heirs, e-weUtors,
dia" in things stand to and abide bx, and well and truly keep and
,jujjjij�ii5trator. su�cessclr,_;or assigns. aH t
perforin the covenants, conditions and provisions in the said agreenlent and anN alteration thereof inade as
therein provided,or his ort'heir part.to be kept and performed at the rune and in the manner therein speciii ed,
and in all respects according,to their true intent arid rneaning,and shall deffand. Indemnity arid save harmless
the Cityt its elected officials. offilcers, a-Ptirs and employees. as therein stipulated,then'this obligation shall
be-Ionic null and voidof tee it shall be and reniaill in full force arid effect,
Asa part of the obligation see ured here,b,,,,and in,addivion the jarroitlnt sp :clned thereRmthere shall tie
induded costs and reasenable expCns'as and fi-es, including reasonable attoritcv's tees incurred by the Chy in
st-,ceessfully enforcing such obligation,all to be taxed as costs and included jo arlyjudigntent rendered.
'rne y s,U rethereby stipulates and agreesuiat-no change,extension of tu-ne,alteration or, addition to theterms o�'
- Z� - - -
tjit.-igreeinent ortothe work to be perforinednit wt,under orthe specificationsacl-oirp�,anvingt'nesaiiie�--,hi-ilI in,
anvv,'[se af[ect 17-15 obligations on,thei bond,and it does flieret,', j. I.%,"7ar
-1 i v ,�:e i�an N ue cr ,zea
Mitre;
t
alteration or addition to thc� terms Of eenie
the acrnl,or lo €)_lulc 1,vork � specificaions.
11
11-1 witness whereof.'this instrument has been duly executed by the Principal and surety above narned.on
May 15 1012 S E A L
(SEAL)
K A D Paving Company dba K A D Engineering U S Specialty Insuran—_ n
uretylk
(Coin act
BY:
(Siggi.natu (Signatu
'Sc)Yung Mallick,Attorney-in-Fact
V
South,Ste 130 Orange,CA92868
Aar resss: he City Drive Sou
eleph'-11je 714 740-7000
Q
eal and Notarial Acknovdcdgrnena, of
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 trite 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 consents of surety, providing the bond
*****Three Million***** Dollars $ **3,000,000.00**
penalty does not exceed { ).
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 shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Atlornev-in-Fact may be given full power and authority for and in the naive of and on behalf cif 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 die signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorney or certificate hearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or Undertaking to which it is attached.
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.
AMERICAN;CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals ` T
=. SEA.
1t By: a --
" Daniel P.Aguilar~Vice President
State of California
County of` os Angeles SS:
On this 3rd day ofOctober,2011,before me Deborah Reese,a notary public,personally appeared Daniel P.Aguilar,Vice Presidcut 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_w 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS,m,y hand and official seal. --
a Css s tFI
Signature ,' — (Seal) c
owity
CAIMIL
aa.rots.
L Jeannic 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
Attorney 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 1T-"day
ofY 2012.
Corporate Seals
Bond No. " 1000826428 -�1 lam. ' SEAL ��. f Jeannie Lee, ssistant Secretary
Agency No. 7715
BOND NO.1000826428
BOND PREMIUM 15 INCLUDED IN PERFORMANCE BOND
BOND ISSUED IN DUPLICATE
LABOR AND MATERtAL BOND
Wittreas. tI`C CitV Council OfthC�t-, of Refflands. Stale of California, jn(j 1K R D Paving Company dba K A D Engineering
r o_install and
haveenteredintowt ag ecmeno,,Oerehy PH, cipalagreest
V 4�1
cc,111plere certain designated pub" i or!ro,,;,_,rneros,which said aareenment.dcacd -Mja
io 11 2
id,,nifified as IOWA S`"RE BRflL 4803 1 is hl-rehv referrto ed and made a
DGE RiE-PAIR, ProJect No,J
p,an hereof and
Whereas.under ffic ternis of said'agrCenit nt.Pr .%ncipal is requir,-dbefore eivering uponthe perfiormance 01`11c-
,,vo& io file a good and st;fficlent ow,nnent bond -k�,,ith the Cuy of Redlands w, secure the claints to. which
I - -- f � -g 3 of the Civ-1!Code ofthe
is made in Tide 15 1100,11-,,pienein,,%�ith Section 308-,1 oil Pa,t 4 of DMsiot
State ofCaliflornia.
Now.therefore,said Princioal andfl'te undersignedascorpor to su rlety,are he W firruun
ly bound to the City Of
C,
Redlands card all contractors. subl,ontractors, laborers', njartrja'l n1cli and, othict Persons eMple-ed JIB th,
nerf(irtuance of the aforesaid agreenientand re-ferred to in the aforcsaid Code of Civil Procedure it,the sum of
nmterials
54,5or furnished or labor thereOn of any kind.
Fifty Four Thousand Five Hundred Thirty op/ pDollars- 30.00 )f
tS 54�_�_
ce Actovith respect to such�,wrkor labor.that said surety
or for amounts due underthe L"nemplos nerit Insairan,
-uneinabove set fuirth.and,also incase suit is broughl
til p�j�,the St Ye in an W1101111t rete Pcxceedinq,the amount I
L,pon this bond, wilt pay- in addit-,on to the 11d arnount thereof costs and rp-asonable expenses and fees,
h
including reasonable artornr _,'s incurred b, the Citi f)f Rtdknids in iuccessfullY enforcill.1; -tic. I
oblig,ation.to he awarded and fixe,.J, b-, ihe cclljo, and m be to a<,ci,,,,sts ancl tc<b., included in the judgannent
&,�n�in rendere&
It is hereby e.xpressly-stipulated and agreed that this bond shall insure to the benetlit ofany and all persons.
a 08oPo
companies and corporations entitled to file claims under Title 15 u-t enciti(co, t�with Section 32) f ata f
Divis ion 3 of the Civil Code. so as to&e a ri ght of action to=thern or the it,ass i.gns in any suit brow tupcin
this bond.
Should tire condition of'this bt-Ind be full-, pertornted, niers this obligation shall become null and "oid,
oflier,i.is it shall be and rentain in fid! 1-orce end eff&t,
"he surety hereby stipulatesand aglecs That no,change.exteosit)n,atimie,zdterariomn or addition to the ternis or
,aid agreement or Ithe specifica-ii,.u-Ins accompaliving the saim,sha'H in an'k manner affectIts obligations on this
!`orad. and it does hereby warve n(itice ofany such change, extemsion oftinic, alteration or addition.
in -,kilness whereatE this instrurnent has been duly executed by the Principal and suretv above narned, on
May 15 �o 12-_
(SEAD I
K A D Paving Company dba K A D Engineering U.S,Specialty Insuranc— ny
U re fN"I
co
ntrac,
By�
LOzinaa,e, Yung YM u j ullick,Attorney-in-Fact
iSivmture�
dr &s: 625 ii j �Iil�S 92868
Sea!and Notarial Acknowtedizi-ne"t Of su,,rety'i elephcmnq�. 14 740-7000
C
,-D-66
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 Attomey(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 consents of surety, providing the bond
penalty does not exceed *****Three Million***** 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 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 shall 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 estimate 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 affixed to any power of attomey or any certificate relating
thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
ailybond or\indertaking to which it is attached. t
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.
AMERICAN.CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
eals t � c-14 � � � A'—
Corporate),
3t.. b � - =ita-
SEAL *14 B
y' 1 t
Daniel P.Aguilar,Vice President
State of California �
County of Taos Angeles SS:
On this 3rd"day of October,2011,before me,Deborah Reese,a notary public,personally appeared Daniel P. Aguilar,Vice President of
American.,pntractors 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 tome that
he executed'Ahe 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. -
I`certify unifier PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
W-ITNES�.my hand and official seal.
miaow agar:
Carortussbn s/426t3�a
Signature j,{ ft Cz�S-�_ (Seal) �AageNs cotitrty+
cwm Emn Mar is,2015 t
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Unite&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
Attorney 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 15TH day
of MAY 2011
Corporate Seals �aRClogr
JDAL Bond No. �` 1000826428 ststts.toJeannie Lee, sistant Secretary
Agency No. 7715
� 4 !v
BUSINESS TAX CERTIFICATE CITY OF REDLA D§7
Office of the City Treasurer
z
,�a.__ _.;� v ,._ ,. _ 3 �__ 35 Cajon Street Stir 168•P.0,Box 3005
_3'? ? e bly v_. wu v. "a. rtes Sands,cA 32373-, fl5 Phone: f9O9i.SS-r te'
Business Name: PavingCompany BUSINESS TAX NUMBER: 4004725
Business Location: yob Site
5 elands C A -0 343 BusinessType: -28
Description:on: Ger `ons`= avi,,
tst towner tame: Donald Wer.
2nd Owner Marne. Effective Gate: june 0 2i0`
Expiration Date: -ne 30 f 12
r u -%G COVIDANYTHIS�APEA IS FOR T4E BUSINESS TYPE MESSAGE
2 17 3 1011 Y" S
pasL"rsGted to['tG@dts@ h£}Idt'r only
92399