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CONTRACT FOR PUBLIC IMPROVEMENT WORK
3
This contract for public improvementwork(this"Contract"or"Contract No. 243340-5880-110708")is made
and entered into this - �f qday of November, 2008, by and between the City of Redlands, a municipal
corporation, organized and existing under the laws of the State of California, hereinafter referred to as he
"City", and an individual doing business as Promised Land Nursery of the City of Menifee, County of
Riverside, State of California, hereinafter referred to as the "Contractor"'.
WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,agree as follows:
1. Contract Documents. This Contract includes and incorporates by this reference the Notice Inviting
Bids, Instructions to Bidders,Contractor's Proposal and Bid Forms,Agreement,Performance Bond,
Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto
associated with the City's "Tree Planting in the City of Redlands Target Areas" project.
2. Scope of Work. The Contractor shall famish all materials and perform all of the work for the City's
"Tree Planting in the City of Redlands Target Areas" project, all as described and shown in,
specified and in accordance with,the terms and conditions of the Contract Documents for the not-to-
exceed contract sum of Forty Eight Thousand Dollars($48,000). Pursuant to Section 22300 of the
California Public Contract Code, the Contractor has the option to deposit securities with an Escrow
Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to an
Escrow Agreement.
3. Time for Completion. The work shall be completed within twenty-five(25)work days from and after
the date of the City s issuance of a Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will
result in damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have
withheld from monies due it, the sum of Fifty Dollars($50.00)for each consecutive calendar day in
excess of the specified time for completion of the work. Execution of this Contract shall constitute
agreement by the City and Contractor that the liquidated damages amount per day is the minimum
and actual damage caused by the failure of the Contractor to complete the work within the allowed
time. Such sum is liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
5. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be
entitled to recovery of its reasonable attomeys'fees,including fees for use of in-house counsel by a
Party.
6. Defense Obligation. The Contractor shall defend, indemnify and hold harmless the City, and its
elected officials, officers, agents, and employees from and against any and all claims, losses,
damages, and causes of action, including death, brought by any person or persons for or on
account of any wrongful or negligent act or omission of the Contractor,or its employees or agents,in
connection with the performance of the Contractor's obligations under this Contract.
7. Insurance. All policies of general liability and business automobile insurance required by this
Contract shall name the City,and its elected officials,employees,and agents as additional insured.
Any insurance required under this Contract shall be primary with respect to the City and non-
contributing to any insurance or self-insurance maintained by the City Certificates and
CADocuments and Set6ngs\Dgarcia\Desktop\CDBG Tree Bid\Contract Documents\Promised Land Nursery Agreement.doc
endorsements evidencing such insurance shall be delivered to the City prior to the Contractor's
commencement of any work pursuant to this Contract.
8. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00
or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1,Article 1.5 of
the Public Contracts 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 the Public
Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements
provided in this case from filing claims by the Contractor.
9. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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.
10. Assignment of Contract. No assignment by a party hereto of any rights or interests under this
Contract will be binding on another party without the written consent of the party sought to be bound.
11. Successors and Assigns. The City and Contractor each binds itself, its partners, successors,
assigns and legal representatives in respect to all covenants,agreements and obligations contained
in the Contract Documents.
12. 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 the City and Contractor.
13. Compliance.Performance of any and all items necessary in fulfilling the Scope of Work set forth in
the Contract documents shall comply with all City Ordinances, including those pending codification.
CADocuments and Settings\Dgarcia0eskbP\CDBG Tree Bid\Contract Documents\Promised Land Nursery Agreementdoc(.9
IN WITNESS WHEREOF,the parties hereto have executed this Contract in duplicate on the day and year
first written above.
CITY SEAL
By:
City Ma ge , ity of Red rids
ATTEST: County of San Bernardin , mia
City Clerk, City of Redlands
County of San Bernardino, California
Promised Land Nursery
Name of Contractor _
CONTRACTOR SEAL By:: il at'�� P"V"
Signature of Authorized Agent
Signatorys Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
C27 37771
Contractor's License No.
C Documents and SettingsVDgarcia\DesktoptCDBG Tree BdtContract DocumentsPromised Land Nursery Agreementdoc(6
WORKERS' COMPENSATION INSURANCE CERTIFICATION
TREE PLANTING IN THE CITY OF REDLANDS TARGET AREAS
CONTRACT No. 243300-5880-110708
Every employer except the State,shall secure the payment of compensation in one or more of the following
ways:
(I) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
U) 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 Workers' 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)
Date
Name of Contractor L �
By:
Signature of Authori2ed Agent
Signatory's Title
617 -377-7771
Contractor's License No.
w
v COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION CONCERNING
LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO: DATE
City of Redlands
C/O CONTRACT NUMBER(!f any)
243300-5880-110708
PROJECT NAME
Tree Planting in the City a=ny) Target Areas
1. The undersigned, having executed a contract with the City of Redlands for the construction of the above-
identified project, acknowledges that:
(a) The Labor Standards Provisions are included in the aforesaid contract.
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his
subcontractors and any lower tier subcontractors, is his responsibility.
2. He certifies that:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated
as an ineligible contractor by the Comptroller General of the United States pursuant to Section
5.6(b)of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5)or pursuant to Section
3(a)of the Davis-Bacon Act, as amended (40 U.S.C. 276x-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if
such subcontractor or any firm, corporation, partnership or association in which such subcontractor
has a substantial interest is designated as an eligible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of
any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a
subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed
by the subcontractors.
4. He certifies that:
(a) The legal name and the business address of the undersigned are:
(b) The undersigned is:
E(2)
RIETORSHIP (3)A CORPORATION OERGAN IN THE
STATE O
(4)OTHER ORGANI Tibe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
NAME TITLE ADDRESS
(d) The names and address of all other persons, both natural and corporate, having a substantial
interest in the undersigned, and the nature of the interest are (if none, so state):
NAME ADDRESS NATURE OF INTEREST
(e) The names, addresses and trade classifications of all other building construction contractors in
which the undersigned has a substantial interest are (if none, so state):
NAME ADDRESS TRADE CLASSIFICATION
Date: (contractor)
By:
WARNING
U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: "Whoever, . . . makes, passes, utters,
or publishes any statement, knowing the same to be false shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
a
CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH
DAVIS-BACON AND RELATED ACT REQUIREMENTS
as prime Contract No.243300-5880-110708,
hereby make the following certification an acknowledgmen withctor respecfor t to the applicability of Davis-Bacon
and Related Acts Requirements:
1) By entering into this contract, I certify that I acknowledge that the above referenced project is
federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts
Requirements; and,
2) The prime Contractor and all subcontractors are required to pay their laborers and mechanics
employed under this contract, a wage not less than the highest wage applicable to their work
classifications, as specified by the current and applicable Federal Wage Determination. If no
Federal work classification appears to apply, prime Contractor shall make written request to County
to obtain applicable work classifications and wage rates prior to start of construction. When the
same classification appears in both the Federal and State wage decisions,the higher wage must be
paid for that classification. The prime Contractor is responsible for ensuring subcontractor
compliance with Davis-Bacon and Related Acts Requirements.
a
Signature,Prime Contractor
Title(owner or President)
Date
CERTIFICATION OF CONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Contract No. 243300-5880-110708
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days after
bid opening. No contract shall be awarded unless such report is submitted.
P
CONTRACTOR'S CE TIFICATION
Contractor's Name:
Address and Zip Code: p H Y7 Zf d 57-
1. Contractor has participated in a previous contract or subcontract subject to Equal Opportunity
Clause.
Yes No J3 (If answer is yes, identify the most recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes ET' No ❑ (If answer is yes, identify the most recent contract.)
�. Contractor has filed all compliance reports due under applicable instructions, including SF-100.
Yes ❑ No ❑ None Required ❑
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
P a"/)
Name and Title of Signer(Please Type)
j `_ � ,,fit✓ v �-
Signature
Date
SAN BERNARDINO COUNTY DEPARTMENT of COMMUNITY DEVELOPMENT AND HOUSING
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and
amounts of contracts and subcontracts awarded to Minority and VVomen Owned Business Enterprises
(WIVIBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid
amount exceeds $10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more Black Americans, Native Americans (including American Indians,
Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons
whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust
Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural
persons identified as minorities in the project specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in the
company is held by one or more female persons.
PROJECT
Project Name Project Number
Tota! Bid Amount Federally funded or assisted? [ ]Yes [ ] No
CONTRACTOR
Er C`
~
Contractor's Name Address --
Federal I.D. Number CITY Y State Zip Cade
Minority owned/controlled? [ ] Yes [ No
If so, what Minority?
Portion of Bid Amount to be Female owned/controlled? [ ] Yes [ No
performed by Contractor
SUBCONTRACTORS
1) A
Subcontractor's Name
Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
If so, what Minority?
Subcontract Bid Amount Female owned/controlled? [ ] Yes [ j No
------------------------------------------_-_-_
2)
Subcontractor's Name Address
,L,. Nil r'.l ber 'CI - Y Sl
�. ':�te Vii;= Code�e
I,_ l-'inorit r' owned`cQntrolled? 1 I Yes i
' Io
if '
ubcontraclj Bid Anrlount gem le wne'd/Go'ntroIled? fY' P i
J e j ;
1 of 2
i
Page c o42 i
f
MINORITY AND WOMEN OWNED BUSINESS .ENTERPRISE PARTICIPATION (Continued)
3)
Subcontractor's Name Address
Federal i.D. Number CITY State Zip Code
Minority owned/controlled? ( ] Yes [ ] No
If so, what Minority?
Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No
--------------------------------------------------------------------------------------------------_------------------------------------------------------------------------
4)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
If so, what Minority?
Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No
-- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------
5) _
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
If so, what Minority?
Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
Minority owned/controlled? [ ] Yes [ ] No
If so, what Minority?
Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No
- ---_------------------------------------------------------------------------------------------------------------------------------------------------------
7)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
If so, what Minority?
Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No
-----------------------------------------------------------_-----_-----------------------------------------------------------------------------------
8)
Subcontractor's Name Address
Federal ID. Number CITY State Zip Code
Minority owned/controlled? [ ] Yes [ ] No
if so, what Minority?
`Subcontract-Bid Amount - Female ownedicontrolled? [ ] Yes ] No
------ ------------------------------ ----------------------------------------------------------------------------------
9
S�uvGonTraCtor'S tL�cs,i i
Address
ede i. N Abe
tate ZIp Code
Minority y o`hnedr{contrJil,ed 1 j Yes No
e J
It so, what Minority?
Subcontract Bid Amount Ferr`IClle owned/co' trolied? Yes ', No
2 of
Page 10 of 42
a
IN
v.
Bond No. 762 971 P
w
Premium:$1,200
w>
PERFORMANCE BON
WHEREAS, the l c City of d4an . State
a€ Promised Land Nurse (hereinafter
a ia�a( retr ft rdesignateda b
rs r designated
rhave entered nt
an
agreement whereby to in-stall and complete certain deSigriatedpubtlic improvernents'wfkh
y said agreernent cam November 7, a # .refe to and e a part and by 1 ,
WHE
REAS, under tha terms of Said agreement,Nncipal is Mquired before en
ofthe work, to fuffish a good and sufficierg faithful PevfOmartce
band with the Cjiy.upon the Perforrnance
W THEREFORE, said Principal ano the
unto the ;�rtde !%^as surety, are held and . , l bound
which S t.t f t fou ars ll ( for the Payrnert of
sum well and truly to to made,we bindu eves, r heirs, suc ss rs,executors and
rnlrrris t ,ion and severally, ly d these 'resents.
The
Condition of this obligation is n the a boy o , _, is r her Weirs, executers,
�irsist.a �successors orss� sha all things stand to and a i e y,a well and tr"uoe�
Pertianrs the coVenanis,Conditions,awWovisions in the said Land ar alteration t it m as
therein � d or or l dart, to kept a
nd cede n all respects e din t° d at the u time and in the Ma r therein
e iia rie the Q ,�e7e it ,n ,gent aid meaning, and tidefend, inder,-,, a
o als, ceps bets= and em ,oyes:as t: �n stipulated, his
obligation rsd
ail b u�a 'd; O t shall and rerr aw in,full for and effect,
As a part of e ObhgSbor securedhereby and in addition the face a"nount s
included costs and reasonableexpe-
nses and fees, atter afore,. sialbe
Successfully = r € €� obligation, including by the City in
-� �tr. � to � � E ,� in sir
The
arendered.
red hereby stipulates a}rd agrees t ct<'3-s > extension of t=rr*e. aiterati n or a a t the
Terms s of'�e a went or to tie, to d thereunder
in ' `� € _ tie
its off. t€ s on t , aid r�
a , extension o ti. , attraion or ,. no f any s �
do ,
addition t s . s oft agreement or e or to the
INIMTNESS WHEREOF, this i ,n me } as beer,
ly executed by the Principal and s° yaw
ovemb r 19 2. ed
on Bond No, 762 971 P
Promised Land Nursery ( Developers Surety and indemnity Company
P (SEAL)
sunsfy
13y: .
Vuruft Bart Stewart, Attorney-In-Fact
Address,
2122 E.Highland Ave.,Ste 850;Phoenix,CA 85016
Ackmw#dgm,era of p-r<W
Telephorel- 602 522-2663
r
y
t POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92823(949)2$3-3300
KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
j each,hereby make,constitute and appoint:
`**Bart Stewart, jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and Off of the acts of said Aitomey(syin-Fact,pursuant to these presents.
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authwfty of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED.that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or
any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER.that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond.undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008.
BY____------' � •�'� h.
Stephen T Pate,Senior Vice President AND r���' . �p OO ,PANyO�
1sjSiGd� M r 4O PQHoPO
it OCT.
Sfi f
By_ T i t 10 t rx s' g OCT.5 n
Charles L.flay,Assistant Secretary -- y c 1 9 3 8r• p197cy O
h
State of California s�,Q.'" ',F <1)rOp��� z*
County of Oranae m••.* ,..k•"''
On— January 1st,2008 before me,_
Date Chdstooher J.Roach Notary Public
Here Insert Name and Title of the Officer
Personally appeared Stephen T.Pate and Charles L.Day
Name(s)of Signer(s)
who proved to me an the basis of satisfactory evidence fo be the person{s)whose name(s)rstare subscr bed to
the wifftks instrunsent and ackrwwledged tome that t�Jshetthey executed the senna rn hiSRhert#herr authorized
CHMTOPHER J. capacia(fes),and that by hisfierftheir signature{s)on the instrument the person(s),a the entity upon behaf€of
COMM.#174 which the persons)acted,executed the inshument.
NO7AFORMIA
OA NGIE C UN I certify under PENALTY OF PERJURY under the laws of the State of California that the
OHago COUNTY true and correct.
Paragraph a
Cofrnn, il�rt%2DI9
WITNESS my hand
/t'd'o�fra seat, ,ter
Place Notary Seal Above Signature
Ch J.Roach
CERTIFICATE
The unders geed,as Assistant Secretary,of DEVELOPERS SURETY AND iNDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify
`hat the foregoing Power of Attorney rernains in fulf force and has not been revoked,and€ucthenn e,that the provisions of the resolutions of the respective Boards of D recto of s id
corporations et;ore's=n the Power of Attorney.are n force as of the date of tl s Certifate.
This Certificate is executed in the City of Irvine,California,the day of 0
5y
�-Ifteb.-,'A.,.,1antetary
I13-13801'Wet)(Rev07/07)
I
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E
Ad
ME
y"S
a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cal forma
Courty of San Diego
before me Stephanie„Bondurant, Notary Public
personalty appeared Bart Stewart
who proved to me on the basis of satisfactory evidence to
be the Person{ej whose names isrer subscribed to the
within instrument and acknowledged to me ±lat
STEP14ANIE BONDURANT F+ereke t►execuf d the same in his,
Wm i jh4sir authenzed
Commission# 1853838 capacity r and that by ilfs h�signature�” on the
Notary Public-California i-,strurnent the persortr.,,#r- Or the entity upon oeha[f 04
Sem Diego County wtrich the pers�,r - acted, axed terl the insirttment.
My Comm.Expires Mar 24,2010
I certify under PENALTY OF PERJURY under the laws
of the State Of California that the foregoing paragrapt- is
true and correct-
WITNESS my haria acid official seat. /
'Sigj-naiiJCE
OPTIONAL
though tnF informz�trrn belt r rs 70requIr ed by law, may pro*,'e va uaprE�c�F;�ors;2;yink vn:he a curn�,�t
'r7f7_^.ot,f pr�v8n�freuG`t,lF!7t'"etT:?✓a!�rt1"e3f'2chrrFt� Of,'�?i5`o'�T .'r:7not`,e.^;7T imB;i;
Description of Attached Document
TIle or Type of Document_
uceum.erlt CJa=:e
N
-- --- - ,aJrriber ai Pages_
Sigr,erlsl Other Than Na-rned Above:
Capacity(ies) Claimed by Signer(s)
Signer's Narne: Bart Stewart Signer's Name:
Individuai
ir•,,tvidUBi
Corporate Officer T,tfe(s): Corporate Officer
Partner .,
_ Limited General _._. .__.
Partner—..- L:msted Genera
X Attorney it Fact • Attorney it Fact
Guarciar,or Conservator
G
Other: uarlian or '0^Sc rvaFOr
_..__
— Other'
Signer Is Representing
— Signe- S Represent; iq.---- --
--
`'' ' :x '
v
HN
Bond No. 762 971 P
Premium Included in Performance Bond
PAYMENT BOND
"ERthe EAS.a C4 C n Of tha City of Redtands, State of Califtarrtia(hereinafter designated as
•Jut� }
X113'd"gnaW
Whereby Pnncipat to ' �and corn as .� r)hrave entered into an agree t
aWeememnt dated rt 7,20Q8,and Ti
to and made a part , ed as C el No.24330deeignated 4-888 0i-110708 is hereby 11916rred
arnd
WHEREAS-under thea of sem agreement,Principal is reqWed
of the work. to Purr h 8 good and sufficient l Me ti t o trtae
dam's tri which re is made in Trtte 15(Mara wilh erials Payment bt>rtid '�e Clay kt secure thea
Cars'Code of the State of California, � S can 3082)of Part 4 Of Division 3 of the
NOW•TWMEFORE, Said Principal arid the undersigned sscorporate
unto Oty and all contractors, ,a and r y d
employedin performance of aforesaid agreement' t rers,ma , and arty o ons
the fe cf Gak is i , glerl and referred to in a Civil C*de of
or th rs(S for
Act Witt'respect ren of k' , Or ousts dater u Uto such trap ertt In
work or is t said y the
amount n a , and to rase suit is b n :e to ansurance
urtt not ex ding the
the fa a th reasonable ainchis luding
r, to
fees.
hCurred by the
City it'suer .sfull forci fees, n r
�' � ob�lgation,to de air by
the
is and to be included in the judgment therein rerKWed.
It is hereby expressly stipulat agreed #"iS bond she#truire to ttre oenefit of any and all persons.
torr ies and corporationsemit to file c krs uta T 15(commencing math tion of
Of Division 3 ofI Code, so as to give
LL ° ) 4
upon d a rlat a ka rn orr assigns in any lust ht
Shouldconodion. of this bond be full performed.d• tien this Obligation shall taeacrs nub a
Otherwise t1 I and �ai�t in fait force orad effect
The surety hereby stipulates atind agrees that n e. �
terms Of the agreement or } Iota of ra it toth
same stmt in Performed rntsct and�car the Rec��or�accompanying the
agnosia a� obligai rss en of time, on this bond, and it s he3 y waw notice of any
such
atla n or to the terms of the agreement €r to the work or to
IN WITNESS WFlERECIF, * inghoWt has been duty
Wwmled by Me .lam and surety raTted,
on November 19 Bend No. 762 971P
Promised Land Nurse (SEAL) Developers Surety and Indemnity Company
awmimm Bart Stewart, Attorney-tn-Fact
Act
2122 E.Highland Ave.,Ste 350°Phoenix CA 85016
( t Of , ) T
(_102 522-26133
DEPARTMENT OF COMMUNITY DEWLOpMENT AND HOUSING
I
-�.. u � -r=- ter. �,t„ter •
0-3
'.cam
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND Ty COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Bar 19725,PANE,CA 92623(949)2633300
KNOW ALL MEN BY THESE PRESENTS,that as except as expressly lamed,DEVELOPERS
SURETY AND INDEMNITY
f DEMNITY CO
each,hereby make,coratute and appoiMPANY and INDEMNITY COMPANY Of CALIFORNIA,do
nt
:**Bart Stewart,jointly or severally*** ,
as thew true and lawful Attemey(s}.n-Fact,to make,execute,deiva and ackrmiedge,!a and on behalf a said
saidcorporations
O n9 and grain”curio said Attorneys}i n•Fact Iul power and authority to do and 10 perform every act � as��.bounds,undahakkgs and contacts 0f surety.
Paations�d do, pn>Par b be done h carreftn Ihererith as eadn of
are hereby ratified and confirmed, �to each of said corparatioins U POW d t tion and revocation the acts of said Abrney(sF+n-FaeL Pwsuant to these
presents,
This PowerAttorney is granted and is signed byt
acsirrae
AND INDEMNITY COMPANY under and by arthorfly of the klorii g re5okrtiors by the rhe Board of Medd of DEVELOPERS SURETY
and INDEMNITY COMPANY OF CALIFORNIA,dfecm as Of January 1st,2006.
RESOLVED.that the chairman Of the Board,the President and any Vpce President d the corporation be,and that each of than hereby is,authorized to execute Powers of
any WMfying
the attaneY(s)named in the Powers of Attorney to execute,an behap of the corporabons,bonds,nnrdertekirgs and contracts of�y�p;and that the Secretary or
Secretary Of the corporations be,and each of than hereby is,aut aized to attest the execution of any such Power of Attomey:
RESOLVED,FURTHER,that the signatures Of such officers may be affixed to any such POW Of A"a to any certificate
or Power o Attorney
sur"certificate bearkg such tacsimde signatures shat be valid and binding upon the corporations
when so affixed and h the Wil a thereto
by facsimile,and any such
etystn p to whkh it is attached. respect to any bond,undataimig
IN WITNESS WHEREOF,DEVELOPERS SURETY AND ctry tiTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have y caused these Pests b be signed by
thele respective Vice President and attested try respecpve Assistant Secretory finis January 1st 2006.
ar:--�7
Stephen T.Pate.Senior Vice Presider t AND
� p O�t`PANYO
+,yJ 4paPOR�ree � G�PPOgf
Charles L.Dl 0 OT. OCT.6 �n
Day,Assistant Secretary o 1936 W 1967
State Of California �0 /Ow!A�a' ori P ��$•
County of Orange * 1 �</FOP
On January 1st•2008 before me
Date J.Roach Pubic
PemmaRy appeared
t lore ktsert Name and Tide of the Officer
T Pate and Charles L
Name(s)of Signer(s)
who proved t0 me on the basis ot sat6dachry evidence to be the Persarr(s)whose narne(s)rd"subscribed b
the Wft knsVument and a0mWedged b me that hoWielhey pteaAed the same in
TGPM A Rd�pf ms),and that by ttalhedla siy,t>
,eMrp(s)on the Instrument the pwmXs}or aunwrized
K#1740MWhich ft mss)acted.executed We IrWmhe,t. �b wort WW of
t7AAFIpE COiJNT1Yunder PENALTY OF PERJURY md8r pile laws of the SW of Ca oro that the foregoing paregraptn a
0° It 8"1 true and corrom
WITNESS my hand and seat.
Place Notary SedAbm* SI9<naAxe
ChrWIK J.Roads
CERTIFICATE
Mat the foregoing The turn—ofed,as Assey rerad Secretary. ,DEVELOPERS e SURETY AND p�EbNUTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does her certi{y
c art the Pa of erns len h�lace and has riot beers mvdW,and furthermore,that pre ixovisions of pre resokdora a the resperyv,s Boards o(Directors bus a said
Corney,ore in brce as of the data of Ods Certificate.
The Cercbcate is executed in the City of krone.Callomia,the/S111'
day d'I/
Avert Hllebrard,Assistant
ID-1380(Wet)(Rev.07/07)
Ad
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CalIornia
Caurty of San Diego
On ..,1 °! Z lqV before me, Stephanie Bondurant Notary Public
__ .....y_..._
�<h'
personally appeared Bart Stewart
,,vho proved to me on the basis of satisfactory evicence to
be the persont&j whose namemj isrenz subscribed to the
within instrument and acknowledged to me ;hat
STEPHANIE BONDURANT hep;s�executed the same in hi .authorized
Commission# 16.53838 capacity"""and tnat by ,hiS ir.signature( on the
Notary Public-California ir-strument the personi�}_ or !lie entity upon behaif of
San D
lego C h
ounty wict^ the persvr� acted executed the instrument.
My Comm.Expaes Mar 24,201
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 ,t
OPTIONAL
rhougf the rr fo;mauon LeroK s oar:equrre0 by jaw,rt may rove va,uaode tc Urso o,elying or,the u�enr
and oould Areven!fraudulent emovaJ ono reartachment or tn�s`n-r ,n 3na1 er document
Description of Attached Document
Title or Type of Document-
Document bate
"JU mcer of Pagss-
Stgner(s) Other Than Named Above
Gapacity(ies) Claimed by Signer(s) -----------------�-"-__
Signer's Name: Bart Stewart
.............,_.._._.__.__.___._.—._._.__._ Signer's Name: .
Individua;
frd:viduai
Corporate Officer—Title(s):
Corporate Orticer
Panner - .-- Limited General Partner-- --__.
X Attorney it Fact t m't Genera_T,�stee SEE
Attorney
Guardian or Conservator
Gua-olian or Co-senator
_...._.__.._.--.., 01ner -
Sfgnar Is Representing ._
Sigr<e- s Rep eser,..