HomeMy WebLinkAboutContracts & Agreements_40-2025PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 4d' day of March,
2025, by and between the City of Redlands, a municipal corporation, organized and existing under the
laws of the State of California (hereinafter "City"), and Onyx Paving Company, 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:
SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following: 2025 Citywide Pavement Repair for Water Utilities, complete all items as required
by the Contract Documents (as herein defined) and Specifications for City's 2025 Citywide
Pavement Repair for Water Utilities, Project No. 20250114 (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of six hundred sixty-nine thousand
dollars ($669,000) 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 required to be withheld by City pursuant to an escrow agreement as set forth
in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within two hundred forty (240)
working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works
Construction "Greenbook" from and after the date of City's issuance of a Notice to Proceed to
Contractor.
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/cents ($500) for
each working day as defined in Section 1-2 of the Standard Specifications for Public Works
Construction "Greenbook" in excess of the specified time for completion of the Work. Execution
of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500)
per day is the estimated damage to City caused by the failure of 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 Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance
Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications,
and any addenda thereto (collectively, the "Contract Documents").
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract, or 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 three
hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and
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19cmo\Agreements\0nyx_Paving_Public_ Work Contract FY25-0034.docjm
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.
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1Acmo\Agreements\0nyx_Paving_Public_ Work_ Contract FY25-0034.doc jm
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
(SEAL)
ATTEST:
J e Donaldson, City Clerk
CITY OF REDLANDS
By: A- ;4
Mario Saucedo, Mayor
(SEAL)
Onyx Paving Company, Inc.
Name of Contractor
By:
S' ature of Authorized Agent
Corey Kirschner President
Title
Signs Ke of Authorized Agent (if necessary)
Jay Kirschner Vice President
Title
630360
Contractor`s License No.
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lAemolAgreements\Onyx_Paving Public_ Work_ Contract FY25-0034.doc jm
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
2025 Citywide Pavement Repair for Water Utilities
Project No. 20250114
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 by one or more insurers 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.
CHECK ONE
x 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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that I
become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Dated this 904A day of F-4 • , 2025.
Onyx Paving Company Inc
Contractor)
(Signature)
Jay rschner Vice President
(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.)
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I:lcmolAgreementslOnyx_Paving _Public_Work Contract FY25-0034.doc jm
Bond No. 2360373/ SPA150329066
ORIGINAL ISSUED IN TRIPLICATE Premium: $5,018.00
Subject to Change Based
on the Final Contract Price.
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Onyx Paving Company,
Inc. (hereinafter designated as "Principal") have entered into an agreement dated March 4, 2025
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as 2025 Citywide Pavement Repair for Water Utilities
and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for
the faithful performance of the Work, now, therefore, we, the Principal and,
Swiss Re Corporate Solutions Amence Insurance Corporation
& SnusPoint Amence leauranm Company , as Surety, are held and firmly bound unto the City in the penal
sum of six hundred sixty-nine thousand dollars ($669,000) lawful money of the United States, for
the payment of which sum we bind ourselves, and our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in the Agreement and any
alteration thereof made as therein provided, on his or its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall
defend, indemnify and save harmless the City and its elected officials, officers, agents and
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 to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as
costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation
shall hold good for a period of one (1) year or longer if required by the Agreement after the
acceptance of the work by the City, during which time if the Principal shall fail to make full,
complete, and satisfactory repair and replacements and totally protect the City from loss or damage
made evident during this period from the date of completion of the Work, and resulting from or
caused by defective materials or faulty workmanship, the above obligation in penal sum thereof
shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as
any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder and the City, and make available as work progresses
sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price,
but not exceeding, including other costs and damages for which Surety may be liable hereunder, the
5
C\cmo\Agrcetncnts\onyx_Paving Public Work Conhuct FY25-0034.doc-jm
amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall
mean the total amount payable to the Principal by the City under the Agreement and any
modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid
from the Principal for completion of the Work if the City, when declaring the Principal in default,
notifies Surety of the City's objection to the Principal's further participation in the completion of
the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City named herein or the successors or assigns of the City. Any suit under this bond
must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the Specifications accompanying the same shall in any way affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any
attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety
above named, on February 26th , 2025.
(SEAL) Swiss Re Corporate Solutions America Insurance Corpb�aGonL}
Onyx Paving Company, Inc. & SiriusPoint America Insurance. -Company
(Contractor) ty-}
BY:
�irSG�tn10ignature} (Signature) Zyanya Hernandez, Attorney -in -Fact
o�y Vice res,ae,�4
Address. 1200 MAIN ST. SUITE 800, KANSAS CITY, MO 64105 - 2478
1 WORLD TRADE CTR, 285 FULTON ST, 47TH FL STE 47J, NEW YORK, NY 10007
(Seal and Notarial Acknowledgment of Telephone } (816) 235-3700 1 (212) 312-2500
Surety)
+1Cplljys�,
�p pk" .
LI fit►
SEAL
1:,,,,,1��fl�,
6
I:Icmo\Agreements\Onyx Paving_Public_Work_Contract FY25-0034.doc jm
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On FEB 2 6 2025 , before me, Christina Rogers , Notary Public,
personally appeared Zvanva Hernandez
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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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 State of California that the foregoing
paragraph is true and correct.
CNRi571NAROGERS
Notary Public - California
Orange County
Commission # 2463205
Expires Sep 14, 2027
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNA
Though the information below is not required by law, it may prove valuable to persons relying odYthe document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title ar4vQe of document:
Document Date:
Signer(s) Other than Named Above:
of Pages:
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
ERIK JOHANSSON, JENNIFER ANAYA, MELISSA LOPEZ, CHRISTINA ROGERS, ALBERT MELENDEZ
MARTHA BARRERAS, JOAQUIN PEREZ, JONATHAN BATfN, VANESSA RAMIREZ, and ZYANYA HERNANDEZ
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18tb of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindine anon the Corporation when so affixed and in the future with ree}ard to auv bond, undertaking or contract of surety to which itiiss
MFR
attached."
,. o"sG'15 PRfM""..,. l�R\Sn}.
Foypt\ONP
5: Oa Al•.'KaG,,
:2n: ORPORAp .ks°'. •• �.
By
L•'�
` S E
t'�,r}fM�flt p
� Crik Jnnssens,SSRCSPIC&Senior oimReSAm&Senlar Vice President 1��.�- 5
A .m
; SEAL; ofSRCSPIC&SenlorVlrnPresidentofW(C �! In
By
Cerald J.,..ki, Vim Presldent of SRCSAIC & Vice 1•resident ol'sitcspIC
& Vim President.1 WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 clay of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook H1 Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22 , before nre, a Notary Public personally appeared Erik Janssens, Senior Vice Presidentof SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Janrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies,
nFPlnw aM
Mip
L—jone
iMAE %UM4ah•
Onun! o
I, Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in fall force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26th day of February 2025
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
POWER OF ATTORNEY PERTAMOI 0823
SIRIUSPOINT AMERICA INSURANCE COMPANY
NEW YORK
KNOW ALL MEN BY THESE PRESENTS: That SiriusPoint America Insurance Company (the "Company"), a New York corporation, having its
principal office in the City of New York, pursuant to the following Resolution, which was adopted on August 27,2024 by Unanimous Written Consent of the
Board of the Directors of the Company, to wit:
RESOLVED, that the President, Senior Vice President, Chief Financial Officer, Secretary or the Assistant Secretary is hereby authorized to
execute Powers of Attorney appointing as attomeys-in-fact selected employees of certain surety companies who shall have the power for and on behalf of the
Company to execute and affix the seal of the Company to surety contracts as co -surety.
Does hereby nominate, constitute and appoint:
Albert Melendez, Christina Rogers, Erik Johansson, Jennifer Anaya, Joaquin Perez, Melissa Lopez, Yu Cheng Chiang, Frederic M. Archerd, Jr., Martha Barreras,
Mary Martha Langley, Jonathan Batin, Vanessa Ramirez, Zyanya Hernandez
Its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and its act and deed any and all bonds, contracts,
agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) and to bind the Company
thereby as fully and to the same extent as of same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one
such instrument executed hereunder shall not exceed the sum of:
$62,687,000 single bond limit
All acts of said attorneys -in -fact pursuant to the authorities herein given are hereby ratified and confirmed. The President, Senior Vice President, Chief
Financial Officer, Secretary or Assistant Secretary may from time to time and at any time remove such appointee and remove the power given to him or her.
The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of these present, shall be binding under said
Company, 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 Company at
its office in New York, New York, in their own proper persons.
IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate sea] to be hereunto affixed and these presents to be
signed by its President this tenth day of October, 2024.
SiriusPoint America Insurance Company
SEAL in=
State of New York �¢?/..W Y 4 Paul Mihulka
County of New York President
On this tenth day of October 2024, before me a Notary Public of the State of New York, in and for the County of New York, duly commissioned and
qualified, came Paul Mihulka, President, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who
executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Sea] of said Company, and the said Corporate seal and his signature as
officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding instrument is now in
force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.
=Plubltt
ISCOCK
tate 0 TtewYork
6M4797
hmond County
pires Dec 5, 2026
STATE OF New York
COUNTY OF New York
L-'l J6"4
/Notary Public
My Commission expires r+.I;C, g aoc2�
I, Paul Mihulka, President of SiriusPoint America Insurance Company, a New York corporation, do hereby certify that the above and foregoing is
a full, true and correct copy of Power of Attorney, is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Sea] of said Company, on the 26th day of February 2025
SEAL n-
�A 1979 Paul Mihulka
!1,, President
TY
*-- APPLIED UNDERWRITERS
w[ ,
10805 Old Mill Road
Omaha, NE 68154
September 6, 2023
Bond Obligees
Project Owners
General Contractors
RE: Digital Seal Authority and Enforceability Notice
To whom it may concern:
The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital
Seal'), and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance
Company is authorized by the company. Siriuspoint America Insurance Company acknowledge and agree
that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters,
and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to
an Obligee or Obligee's representative, shall constitute effective execution and delivery ofthis notice and
shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet"
signature.
If you require further verification you may email our Home Office Underwriting Center at
info(a)surety. auw.com
In Witness Whereof, this has been executed by the President, Applied Surety Underwriters for Siriuspoint
America Insurance Company.
Thank you for your continued business.
Sincerely,
Joshua C. Betz
President, Applied Surety Underwriters
Bond No. 2360373 / SPA150329066
ORIGINAL ISSUED IN TRIPLICATE Premium Included in Cost
of the Performance Bond
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Onyx Paving
Company, Inc. (hereinafter designated as "Principal") have entered into an agreement (the
"Agreement") whereby Principal agrees to install and complete certain designated public
improvements (the "Work"), which said agreement, dated March 4„ 2025, and identified as 2025
Citywide Pavement Repair for Water Utilities is hereby referred to and made a part hereof, and
Whereas, under the terms of the Agreement, Principal is required before commencing the
performance of the Work, to file a good and sufficient Labor and Material bond with the City of
Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 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 and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of six hundred sixty-nine thousand dollars ($669,000) 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 attorneys'
fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 3 (commencing with
Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the 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 26th , 2025.
(SEAL) S}iviss fie +� orporate Solutions America Insurance Corporation
Onyx Paving Company, Inc. & SiriusPointAmerica Insurance Company
(Contractor) 1
BY:
_ SignaAture) (Signature)Zyanya Hernandez, Attorney -in -Fact
ire V rIs" Addre 1. 200 MAIN ST. SUITE 800, KANSAS CITY, MO 64105 - 2478
(Seal and Notarial Acknowledgement of Surety) 1 WORLD TRADE CTR, 285 FULTON ST, 47TH FL STE 47J, NEW YORK, NY 10007
Telephone: ( ) (816) 235-3700 / (212) 312-2500
,{{{{Ili{I{I{
;tip u �POq,tr�ys,�, ,• N� �9.'•.
=a� 'm?3�' SAL
I:Icmo\Agreements\0nyx_Paving Public Work Contract FY25-0034.doc jm _Jg b ` 1979
1973
:.jam
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On FEB 2 S 2025 , before me, Christina Rogers Notary Public,
personally appeared Zyanya Hernandez
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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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 State of California that the foregoing
paragraph is true and correct.
CHRISTINAROGERS
j Notary Public - California x
Orange County
Commission # 2463205
shy Comm, Expires Sep 14, 2027
.:mac
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNA
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.
of attached document
Title or
Document Date:
Signer(s) Other than Named Above:
of Pages:
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
ERIK JOHANSSON, JENNIFER ANAYA, MELISSA LOPEZ, CHRISTINA ROGERS, ALBERT MELENDEZ
MARTHA BARRERAS, JOAQUIN PEREZ, JONATHAN BATIK, VANESSA RAMIREZ, mid ZYANYA HERNANDEZ
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindint noon due Corporation when so affixed and in the future with retard to anv bond, undertaking or contract of surety to which it is attached."
a54Wa9 �FR••�OVI�ONS PREq��t,""1.,.1
S EAU
26 ErlkJanssene,SeniorVicePreeWentofSRCSAIC&Senior Vim President rr
G�I��1
�11)� '� S E A L ^a of SRCSFIC&Scnlor Vice Presidenlof WlC
By
Gerald Jageonald, Vice President ofSRCSAIC & Vice President of oo]SPIC
& Vice PresWent or WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ss Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22 before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Ja rg owski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
4�?ISalru 1.1A1g1&CQ
N11T�MyrcBUC,BUtFAISN: '� ��
ra Idv
I, Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is it true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in fyy11 force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26th clay of February 20 2b
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
POWER OF ATTORNEY PERTAMOI 0823
SIRIUSPOINT AMERICA INSURANCE COMPANY
NEW YORK
KNOW ALL MEN BY THESE PRESENTS! That SiriusPoint America Insurance Company (the "Company"), a New York corporation, having its
principal office in the City of New York, pursuant to the following Resolution, which was adopted on August 27,2024 by Unanimous Written Consent of the
Board of the Directors of the Company, to wit:
RESOLVED, that the President, Senior Vice President, Chief Financial Officer, Secretary or the Assistant Secretary is hereby authorized to
execute Powers of Attorney appointing as attorneys -in -fact selected employees of certain surety companies who shall have the power for and on behalf of the
Company to execute and affix the seal of the Company to surety contracts as co -surety.
Does hereby nominate, constitute and appoint:
Albert Melendez, Christina Rogers, Erik Johansson, Jennifer Anaya, Joaquin Perez, Me] issa Lopez, Yu Cheng Chiang, Frederic M. Archerd, Jr., Martha Barreras
Mary Martha Langley, Jonathan Batin, Vanessa Ramirez, Zyanya Hernandez
Its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and its act and deed any and all bonds, contracts,
agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) and to bind the Company
thereby as fully and to the same extent as of same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one
such instrument executed hereunder shall not exceed the sum of:
$62,687,000 single bond limit
All acts of said attorneys -in -fact pursuant to the authorities herein given are hereby ratified and confirmed. The President, Senior Vice President, Chief
Financial Officer, Secretary or Assistant Secretary may from time to time and at any time remove such appointee and remove the power given to him or her.
The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of these present, shall be binding under said
Company, 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 Company at
its office in New York, New York, in their own proper persons.
IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be
signed by its President this tenth day of October, 2024. �
SiriusPoint America Insurance Company
A INS
OR 92n =
R3? SEAL
_0 1979
State of New York
Paul Mihulka
County of New York s
�'"•*,,,� President
On this tenth day of October 2024, before me a Notary Public of the State of New York, in and for the County of New York, duly commissioned and
qualified, came Paul Mihulka, President, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who
executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate seal and his signature as
officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding instrument is now in
force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
505AN 1415COCK
Notary public - State of New York
No, 01 H16444797
Qualified in Richmond County
My Commission Expires Dec 5, 026
STATE OF New York
COUNTY OF New York
J�, i�
""Notary Public
My Commission expires UGC. q ap,26
I, Paul Mihulka, President of SiriusPoint America Insurance Company, a New York corporation, do hereby certify that the above and foregoing is
a full, true and correct copy of Power of Attorney, is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 26th day of February 2025
NCA I�SU '�•.,,,
0�=
'QA... N.
SEAL
0 1979 a
Paul Mihulka
'ate -,, 4• Aa
° .�,`,; President
SURETY
*-�APPLIEDUNDERWRITERS
10805 Old Mill Road
Omaha, NE 68154
September 6, 2023
Bond Obligees
Project Owners
General Contractors
RE: Digital Seal Authority and Enforceability Notice
To whom it may concern:
The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital
Seal"), and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance
Company is authorized by the company. Siriuspoint America Insurance Company acknowledge and agree
that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters,
and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to
an Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and
shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet"
signature.
If you require further verification you may email our Home Office Underwriting Center at
i nfoO-su rety. auw.com
In Witness Whereof, this has been executed bythe President, Applied Surety Underwriters for Siriuspoint
America Insurance Company.
SEAL `4`
1979
Xci#
Thank you for your continued business.
Sincerely,
Joshua C. Betz
President, Applied Surety Underwriters