HomeMy WebLinkAboutContracts & Agreements_32-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 10 —day of
Ff.b'r"-ar4_, 2013, by and between the City of Redlands, a municipal corporation organized
and existing under the laws of the State of California, (hereinafter "City"), and Silvia
Construction, Inc. (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: PARIS 2013, Resurfacing Project (1-34), complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's
PARIS 2013 RESURFACING PROJECT (1-34), Project No. 41052.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $595,562.60 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 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
rive 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 rive
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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,
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Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General
Conditions, Special Conditions, Special Provisions and Specifications, and any addenda
thereto.
CD I
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or
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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.
T 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 filinc,claims by Contractor.
41-
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)
By:
Mayor, City of Redlands,County of
San Bernardino, California
ATTEST:
—:�A
City Clerk, dty4 Redlands
County of San Bernardino, California (SEAL)
SILVIA CONSTRUCTION , INC.
Name of Contractor
By: }
Signature of Authorized Agent
VICE PRESIDENT , KURTIS AKABORI
Title
Signature of Authorized Agent(if necessary)
Title
568194 A
Contractor's License No.
CD 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY" OF SAN BERNARDINO
On FEBRUARY 25,2013 before me. PATRICIA BURKE, NOTARY PUBLIC
personally appeared KURTIS AKABORI , 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, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
PATRICIAURKE
WITNESS my-hand and official seal, CommisM on# 1976661
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Place Notary Seal Above
---------------------------------OPTIONAL--------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES: DATE OF DOCUMENT:
Signer(s) Other Than Named Above:
CAPACITY CLAIMED BY SIGNER
Singer's Name: Kurtis Akabori
F-] INDIVIDUAL RIGHT THUMBPRINT OF
SIGNER
PARTNER
CORPORATE OFFICER VICE PRESIDENT
TITLE
ATTORNEY IN FACT
TRUSTEE
GUARDIAN OR CONSERVATOR
Other
Signer is Representing: SILVIA CONSTRUCTION, INC.
NAME OF PERSON(S)OR ENTITY(S)
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
PARIS 2013 RESURFACING PROJECT(1-34)
Project No.41052
Labor Code, Section 3700,provides, in part that:
"Every employer except the State shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before commencing the performance of
the work of this contract. (Labor Code section 1861)
Dated this 25 thdav of FEBRUARY2013.
SILVIA CONSTRUCTION, INC .
-,-(Contra
(Signature)
VICE PRESIDENT, KURTIS AKABORI
(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
CALIFORNIA JURAT WITH AFFIANT STATEMENT
See Attached Document(Notary to cross out lines 1-6)
T See Statement Below(Lines 1-5 to be completed only by document signer[s], not Notary)
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Signature of Document Signer No. I Signature of Document Signer
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Subscribed and sworn to (or affirmed) before me
on this 25th day of FEBRUARY , 2013, by
KURTIS AKABORI ,
proved to me on the basis of satisfactory evidence
PATRICIA BLIVE
tllo, 19 661
to be the peon who appeared before me.
Notary Public-California
San Bernardino County
My COMM ExpireS May 26,2016
A r
Signature of Notary Public
Place Notary Seal Above
-----------------------------------------------------OPTIONAL------------------------------------------------------
RIGHT THUMBPRINTOF
PTIONAL------------------------------------------------------
RIGHTTHUMBPRINTOF RIGHT THUMBPRINT OF
Though the 'information below is not required by law, it may prove SIGNER SIGNER
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Further Description of Any Attached Document
Title Or Type Of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
EXECUTED IN TWO COUNTERPARTS
BOND #7634082
PREMIUM: $3,775
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands, State of California, and Silvia Construction, Tne.
(hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated_,
2013, and identified as Construction of PARIS 2013 RESURFACING PROJECT(1-34),Project No.
41052 is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
performance of said project.
Now,therefore,said Principal and FIDELITY AM DEPOSIT 0WANY OF MARYLAND as surety, are held
firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of Five Hundred
Ninety-Five Thousand Five Hundred Sixty-Two Dollars and Sixty Cents ($595,562.60) 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
FEBRUARY 22, 2013.
(SEAL) (SEAL)
SILVIA CONSTRUCTION INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Surety)
BY:
(Signature) RICHARD ff.( COON (Signature)ATTORNEY—IN—FACT
KURTIS AKABORI
VICE PRESIDENT Address: C/0 ZURICH 1400 AMERICAN LANE
SCHAUMBURG, IL 60196
(Sea] and Notarial Acknowledgment of Suroty) Telephone( 213 ) 270-0600
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On FEBRUARY 25,2013 before me, PATRICIA BURKE, NOTARY PUBLIC
personally appeared KURTIS AKABORI . 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, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
PATRICIA BURKE
WITNESS my hand and official seal. - ----- Commission# 1976661
Notary Public-California
Z w F San Bernardino County
/,Z My Comm.Expires May 26,2016
/n ature of Notary Public
Place Notary Seal Above
---------------------------------OPTIONAL--------------------------------
Though
PTIONAL--------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES: DATE OF DOCUMENT:
Signer(s) Other Than Named Above:
'CAPACITY CLAIMED BY SIGNER
Singer's Name: Kurtis Akabori
INDIVIDUAL RIGHT THUMBPIUN,OF
SIGNM
F-] PARTNER
VN CORPORATE OFFICER VICE PRESIDENT
TITLE
F-] ATTORNEY IN FACT
F-] TRUSTEE
F-] GUARDIAN OR CONSERVATOR
F-] Other
Signer is Representing: SILVIA CONSTRUCTION, INC.
NAME OF PERSON(S)OR ENTITY(S)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of orange �
On 2 before me, Jan C. Moran, Notary Public
Date Here Insert Name and Title of the Officer
Richard A. Coonpensona||yappooned '
Name(s)of Signer(s)
who proved tomennthe basis mfsatisfactory evidence 10
be the person(s) whose name(s) is/are subscribed 0othe
within instrument and acknowledged to mm that
heshe/theyexecuted the same in h|s/hon/therauthorized
oapooity(iee). and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
JAN C. MORAN which the person(e) uc\ed, executed the instrument.
0 NOTARY pbiquC*CALIFORNIA
0 COUNTY | umrLih/ under PENALTY OF PERJURY under the laws
ORANGE
comm.Exp.FEB_ 17,2016 of the State of California that the foregoing pan*ciraph is
true and correct.
WITNESS myhand and official seal.
Signature
Place Notary Seal Above gnature of Notary Public
OPTIONAL c Moran
T»ovo»the information below is not revvoau by mw,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment or this form to another document.
Description of Attached Document
Title orType ofDocument:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capeoity(lies)Claimed bySigner(s)
Signer's Name: Signer's Name:
O Individual O |ndividue|
O Corporate Officer—Title(s): OCorporate Officer—Tit|e(a):
O Partner—OLimitedOGenem| NMI
—OUmitedOGenem|
O Amm Attorney OAttorney in Fact WEEBW
O Trustee 11 Top of thumb here O7rus t e Top of thurnto here
O Guardian or Conservator O Guardian or Conservator
O Other: O[thoc
Signer|aRepresenting:______-- Signer|aRepuysant|ng:.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby
nominate, constitute, and appoint Richard A. COON, Charles L. FLAKE, David L. CULBERTSON and Lexie SHERWOOD, all of
Anaheim, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, sea] and deliver,for,and on its behalf as
surety,and as its act and deed:any and all bonds and undertakings,and the execution of'such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes. as if they had been duty executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills,Maryland.,and the regularly elected officers of'the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed,the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.this 25th day of May.A.1).2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
S DUOS,
SEAL
0
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By:
Assistant Seeretary Vice President
Eric D. Barnes Thomas 0.McClellan
State of Maryland
City of Baltimore
On this 25th day of May,A.D,2412,before the subscriber.a Notary Public of the State ot'Maryland,duly commissioned and qualified.THOMAS O.
MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers
described in and who executed the preceding instrunient,and acknowledged the execution of same. and being by me duly sworn,deposeth and saith,that
he/she is the said officer of the Company aforesaid,and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF.I have hereunto set toy hand and affixed my Official Sea]the day and year first above written.
1 4i
Constance A.Dunn.Notar, Public
My Commission Expires:July 14,2015
POA-F 012-4150J
EXECUTED IN TWO COUNTERPARTS BOND #7634082
PREMIUM INCLUDED IN
PERFORMANCE BOND
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Silvia Construction, Inc.
(hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement,dated—,,
2013, and identified as PARIS 2013 RESURFACING. PROJECT (1x34), Project No.41.052 is hereby
referred to and made a part hereof-, and
Whereas, under the terms of said agreement, Principal is required before entering upon the 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 Part 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 Five Hundred Ninety-Five Thousand Five Hundred Sixty-Two Dollar-, and Sixty Cents
($595,562.60) 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
tendered.
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 Titic 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so .1.9 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
FEBRUARY 22,_2013.
S , INC. (SEAL) (SEAL)
SILVIA CON
�_Txm_ZIA NFIDELITY AND DEPOSIT COYXANY OF MARYLAND
to (Surety)
BY:
(Signature) 'RICHARD A. COON (Signature)ATTORNEY—IN—FACT
KURTIS AKABORI
VICE PRESIDENT Addmlssl, C/O ZURICH 1400 AMERICAN LANE
(Seat and Notarial Acknowledgment cf Surety) Telephone( 213 270-0600
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On FEBRUARY 25,2413 before me, PATRICIA BURKE, NOTARY PUBLIC
personally appeared KURTIS AKABORI , 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, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
PATRICIA BURKE
Commission#1976661
Z
WITNESS my hand and official seal. Notary Public-California Z
Z San Bernardino county
M Comm.Expires May 26,2016
Agn aiture of Notary Public
I�V Place Notary Seal Above
---------------------------------OPTIONAL--------------------------------
Thouizit the information below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES: DATE OF DOCUMENT:
Signer(s) Other Than Named Above:
CAPACITY CLAIMED BY SIGNER
Singer's Name: Kurtis Akabori
F-] INDIVIDUAL RIGHT THUMBPRINT OF
SIGNER
F-] PARTNER
N71
vQ CORPORATE OFFICER VICE PRESIDENT
TITLE
F-] ATTORNEY IN FACT
F-] TRUSTEE
GUARDIAN OR CONSERVATOR
Other
Signer is Representing: SILVIA CONSTRUCTION, INC.
NAME OF PERSON(S)OR ENTITY(S)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 2-22-13 before me,
Jan C. Moran, Notary Public
Date Here Insert Name and Title of the officer
personally appeared Richard A. Coon
Name{s}of Signer{s}
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in histher/their authorized
capacity(ies), and that by his/her/their signature(s) on the
JAN MOFAN instrument the person(s), or the entity upon behalf of
COMM.#1967021 which the person(s) acted, executed the instrument.
NOTAay auSf.fc a CALIFOPMA
ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws
Exp.FEB.17,201
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature s .
Place Notary Seal AboveSignature of Notary Public
OPTIONAL J C. Moran
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
0 Corporate Officer—Title(s): D Corporate Officer—Title(s):
Partner—Di Limited 0i General Partner—� Limited General
%+ Attorney in Fact $ ^Attorney in Fact .
Top of;hum here Top of thumb here
Trustee Trustee
E Guardian or Conservator 1 Guardian or Conservator t
El Other: Other:
Signer Is Representing: I Signer Is Representing:
I
02007 National Notary Association-MO De Soto Ave.,RC,Box 2402•Chatsvrcrth.CA 91313-2402•we ,,hatior;aiN&tarY org (tern#'5907 �_�der:Wa73 Tod-Free f-SCfia-esi6-6&27
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS 0, MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies,which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof',do hereby
nominate, constitute, and appoint Richard A. COON, Charles L. FLAKE, David L. CULBERTSON and Lexie SHERWOOD, all of
Anaheim, California. EACH its true and lawful agent and Attorney-in-Fact, to make,execute, seal and deliver,for, and on its behalf as
surety,and as its act and deed:any and all bonds and undertakings,and the execution ol'such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers or the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8,of
the By-Laws of'said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 25th day of May,A.1). 2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL
i 0 z
4/
Zl'i
By,
Assistant Secretary Vice President
Eric D.Barnes 77romas 0. McClellan
State of Maryland
City of Baltimore
On this 25th day of May,A.D,2012,before the subscriber,a Notary Public of the State of Marviand,L11,11) commissioned and qualified,THOMAS 0.
MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies.to me personally known to be the individuals and officer",
described in and who executed the preceding instrurnent,and acknowledged the execution of same, and heow by nre duly swom,deposeth and saith,that
he/she is the said officer of the Company aforesaid,and that the seats affixed to the preceding instrument arc the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations-
IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed my Official Seal the day and year firt aho%e written.
Constance A.Dunn,Notary Public
My Commission Expires:July 14,2015
POA-F 012-4150J
r--- OP ID:08
ACC?I1 Lb's DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 02122113
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 endorsement(s).
PRODUCER
Phone:909-881-2654 NAME:CONTACT
Rcensee#0557773Insurance
Agency Fax: ONE Extr. {Ac,Nod;_________-----____—_
P.O.BOX 2488 E-MAIL
ADDRESS:
San Bernardino,CA 92408 PRODUCER SILVI-1
Sandie Locklin CUSTOMER ID#: _
IN_SURER(S)AFFORDING COVERAGE_ NAIC#
INSURED Silvia Construction,Inc. INSURER A:Landmark American Insurance Co 133138
9007 Center Ave. INSURER B:Depositors Insurance Company 42587
Rancho Cucamonga,CA 91730 - -"
INSURER C:RSUI Indemnity Company 1,22314
INSURER D:Insurance Compan of the West 27847
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 IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INICY EFF POLICY EXP
SR TYPE OF INSURANCE ;ADDL!WVD POLICY NUMBER i MMO(LDD/YYYY I MM/DDtY YY LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $ 1,000:00
DAMAGE RENTED
A 'E COMMERCIAL GENERAL LIABILITY X LHA136181 07/03/12 07/03/13 PREMISES(Ea occurrenceL $ 100,00
E CLAIMS-MADE E OCCUR MED EXP(Any one person) $ 5,00
X CONTRACT PROTECT PERSONAL&ADV INJURY $ 1,000,00
X BROAD FORM PD/ XCU INCLUDED GENERAL AGGREGATE $ 2,000,00_
GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG $ 2,000,00
—, POLICY X ; PRO- LOC I $ -
! AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
BANY AUTO ACP7871895282 07/03/12 07/03/13
BODILY INJURY(Per person) $
ALL OWNED AUTOS ' BODILY INJURY(Per accident) $
i
SCHEDULED AUTOS PROPERTY DAMAGE
A-1 HIRED AUTOS (Per accident) $
X NON-OWNED AUTOS $
1I $
UMBRELLA LIAB X ! $EACH OCCURRENCE $ 10,000,00_
EXCESS UAB CLAIMS MADE; AGGREGATE $ 10,000,00
C - - ;NHA230785 07/03/12 07/03113 --
DEDUCTIBLE
E RETENTION $ $
WORKERS COMPENSATION
WC, OTH
AND EMPLOYERS'LIABILITY X :TORY OMITS ER __ _
D ANY PROPRIETORIPARTNER/EXECUTIVE Y/N WSA5004599-02 07103/12 07/03/13 E L.EACH ACCIDENT $ 1:000,00
OFFICER/MEMBER EXCLUDED? F--1N t A X -
(Mandatory in NH) E L.DISEASE-EA EMPLOYEE; $ 1,000,00
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00
30 DAYS NOTICE OF CANCELLATION EXCEPT
!10 DAYS FOR NON PAYMENT OF PREMIUM
DESCRIPTION OF OPERATIONS t LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Re: Paris 2013 - Resurfacing Project (1-34) Project #41052
City of Redlands and the Consulant are named as an Additional Insured with
respects to General Liability. Coverage is Primary & Non-Contributing.
Waiver of Subrogation applies to Workers Compensation.
CERTIFICATE HOLDER CANCELLATION
REDLAND
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Redlands
Attn: City Clerk AUTHORIZED REPRESENTATIVE
Civic Center
35 Cajon Street,Ste 4
Redlands CA 92373
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
LANDMARK AMERICAN INSURANCE COMPANY
This Endorsement Changes The Policy. Please Read It Carefully.
ADDITIONAL INSURED
BLANKET - PRIMARY AND YOUR WORK
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
r_ SCHEDULE
Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue
of a written contract or by the issuance or existence of a written permit, to
provide insurance such as is afforded by this policy.
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", "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; and/or "your work" defined for the additional insured(s)
designated above included in the"products-completed operations hazard".
B. If you are required by a written contract to provide primary insurance, this policy shall be primary and
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but
only with respect to coverage provided by this policy.
This endorsement effective 7/3/2012
forms part of Policy Number LHA136181
issued to SILVIA CONSTRUCTION, INC.
by Landmark American Insurance Company
RSG 15017 1207 Includes copyrighted material of Insurance Services Office, Inc. 1984
(1185) with its permission
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY VC 99 06 34
(Ed� 8-00
WAIVER OF OUR RIGHT TORECOVER FROM OTHERS ENDORSEMENT-BLANKET
VVehave the right$orecover our payments from anyone liable for aninjury covered bythis policy. VVewill not enforce
our right against the person or organization named in the Schedule. (Thin agreement applies only to the extent that
you perform work under uwritten contract that requires you !oobtain this agreement from uu).
The additional premium for this endorsement shall be 3 % ofthe total California Workers' Compensation premium
otherwise due.
Schedule
Person orOrganization Job Description
ANY PERSON OR ALL CALIFORNIA
ORGANIZATION WHEN OPERATIONS
REQUIRED BY WRITTEN
CONTRACT
This endorsement changes the policy to which it is attached and is effective on the date issued un|aao otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective O7-83-12 Po|ioyNu.W8A 5004599 02 Endorsement No.
Insured 8ILVZA CONSTRUCTION INC Premium $ INCL
Insurance Company INS ��� COMPANY V0IS�
l��[
Countersigned BY
WC 990634
(Ed. 8-00)