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HomeMy WebLinkAboutContract 1547 ORIGINAL SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City," and SUPERIOR PAVING COMPANY, INC., dba UNITED PAVING COMPANY herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for DATE PALM DRIVENISTA CHINO INTERSECTION IMPROVEMENTS WITHIN THE CITY OF CATHEDRAL CITY,BID NO. B12-148E,CITY PROJECT NO.2515, in the City of Cathedral City, California pursuant to the Invitation to Bid, dated December 26, 2012, and Contractor's Bid, dated January 29, 2013, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor shall comply with all Federal, State, County, and Cathedral City Municipal Code, which are,as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 45 working days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration FOUR HUNDRED SIXTY-NINE THOUSAND, EIGHT-HUNDRED SIXTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS ($469,864.75). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms,conditions,and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council,the County of Riverside, its Board of Supervisors, and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss,suits,claims,damages,costs,judgments and expenses(including attorney's fees and costs of litigation)which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives,subcontractors,or agents in connection with the performance of this Contract. Agreement 1300-1 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations,Contractor and its employees or agents,and members of the general public). 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City and the County of Riverside as additional insured. Contractor shall furnish evidence of having in effect,and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed,color,national origin,ancestry,physical handicap,medical condition,marital status,sex or age as provided in the California Fair Employment Practice Act(Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of$30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least four years after termination of the contract. Agreement 1300-2 19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor shall, upon request,promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including,but not limited to, such additional (out of the City)expenses for personnel,salaries,private auditors,travel,lodging,meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents,each of which is by this reference made a part hereof. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Agreement 1300-3 • IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation By: Dated: Z7Z1,I J ANDY HAL City Manager et . �I Dated: 2 -Z7-13 PAT HAMMERS,City Clerk APPROVED AS TO FORM: Z14("771 ' Dated: al " 7 — City Attorney Superior Paving Company, Inc. "CONTRACTOR" dba United Paving Company Dated: 2- I ZZ j I Z �By. r Name: Sc.,bc--- \ y\\V, Title: Pie-es\cii2,,rr\ Dated: 2. J Z"2. I Z By: Name:SUI. O�S"--\71-43'\\O Title: E'C -}-0,<L` "CONTRACTOR" (If corporation,affix seal) Agreement 1300-4 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require 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." Signature .V0 ..021k%�1r� \ I Press Title Date Worker's Compensation Insurance Certificate 1330-1 t A`„°RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 2/25/2013 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 Patriot Risk & Insurance Services CONTACT NAME: 8105 Irvine Center Drive#400 Irvine, CA 92618 PHONE(A/C.No.EMI: (949)486-7900 FAX(A/C,NO (949)486-7950 E-MAIL ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# www.patrisk.com 0G55454 INSURER A: Valley Forge Insurance Company 20508 INSURED INSURER B: Superior Paving Company, Inc., DBA: United Paving Co. INSURERC: 14660 Industry Circle INSURER D: La Mirada CA 90638 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15575361 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY / 5086559766 6/28/2012 6/28/2013 EACH OCCURRENCE _$ 1,000,000 ,/ COMMERCIAL GENERAL LIABILITY PREMISESO(EaEoccccu RENTED _$ 500,000 CLAIMS-MADE ,/ OCCUR MED EXP(Any one person) $ 15,000 Contractual Liability PERSONAL 8 ADV INJURY_$ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY ,/ PCT LOC AUTOMOBILE LIABILITY (Ea OMBII dEDtSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per $ AUTOS AUTOS ( accident) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ A ✓ UMBRELLA LIAB ,/ OCCUR EACH OCCURRENCE $ 5086559783 6/28/2012 6/28/2013 4,000,000 EXCESS LIAB CLAIMS-MADE (Policy Follows Form Over AGGREGATE $ 4,000,000 I DED 1 RETENTION$10,000 GUAU/WC Policies) $ $ WORKERS COMPENSATION WC STATU- W- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E L EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Date Palm DriveNista Chino Intersection Improvements with the City of Cathedral City,Jobe#2515,Bid#B12-148E The City,City employees and officers,the City Engineer,its consultants,elected officials,agents,County of Riverside and sub-consultants are named as Additional Insured and Primary and Non-Contributory as respects to General Liability per endorsement attached where required by written contract. 30 days notice of cancellation, 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Andy Hall, City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 68-700 Avenida Lalo Guerrero Cathedral City CA 92234 AUTHORIZED REPRESENTATIVE Leonard E.Ziminsky ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CENT NO.: 1557,5361 Tina Ken edy 2/75/2013 10:52.,07 AJ'L pa e 1 0£ 3 This certi icate cancels an supersedes FILL previously issued certificates. • C,NA 5086559766 G-140331-C Superior Paving Company, Inc., (Ed. 10/10) DBA: United Paving Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract," provided the location is within the "coverage territory"of this Coverage Part.) A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher limit of 1. Any person or organization whom you are insurance than the least that is: required by "written contract" to add as an a. Required by the "written contract"; additional insured on this Coverage Part; and b. Described in B.1. above; or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above. y p y B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows: available to the additional insured whether on a primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury"caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions; or 4. The insurance provided to the additional b. The acts or omissions of those acting on insured does not apply to "bodily injury," your behalf "property damage,"or"personal and advertising injury arising out of: in the performance of your ongoing operations a. The rendering of, or the failure to render, specified in the "written contract"; or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including: contract" but only for "bodily injury" or (1) The preparing, approving, or failing to "property damage" included in the prepare or approve maps, shop "products-completed operations hazard," drawings, opinions, reports, surveys, and only if: field orders, change orders or drawings (1) The "written contract" requires you to and specifications; and provide the additional insured such (2)and ( ) Su P erviso ry, inspection, architectural or engineering activities; or (2) This Coverage Part provides such b. Any premises or work for which the coverage. additional insured is specifically listed as an G-140331-C Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 2 (Ed. 10/10) hRis certificate caricenlesYan reviously issued certificates. i CNA (Ed. 10 10) (Ed. 10/10) additional insured on another endorsement We have no duty to defend or indemnify an attached to this Coverage Part. additional insured under this endorsement until C. SECTION IV — COMMERCIAL GENERAL we receive from the additional insured written LIABILITY CONDITIONS is amended as follows: notice of a claim or"suit." 2. With respect only to the insurance provided by 1. The Duties In The Event of Occurrence, this endorsement, the first sentence of Offense, Claim or Suit condition is amended Paragraph 4.a. of the Other Insurance to add the following additional conditions Condition is deleted and replaced with the applicable to the additional insured: following: An additional insured under this endorsement 4. Other Insurance will as soon as practicable: (1) Give us written notice of an "occurrence" or a. Primary Insurance an offense which may result in a claim or This insurance is primary and non- "suit" under this insurance, and of any claim contributory except when rendered or"suit"that does result; excess by endorsement G-140331-C, (2) Except as provided in Paragraph B.3 of this or when Paragraph b. below applies. endorsement, agree to make available any D. Only for the purpose of the insurance provided by other insurance the additional insured has this endorsement, SECTION V — DEFINITIONS is for a loss we cover under this Coverage amended to add the following definition: Part; "Written contract" means a written contract or (3) Send us copies of all legal papers received, written agreement that requires you to make a and otherwise cooperate with us in the person or organization an additional insured on this investigation, defense, or settlement of the Coverage Part, provided the contract or agreement: claim or"suit"; and 1. Is currently in effect or becomes effective during (4) Tender the defense and indemnity of any the term of this policy; and claim or "suit" to any other insurer or self 2. Was executed prior to: insurer whose policy or program applies to a loss we cover under this Coverage Part. a. The"bodily injury"or"property damage"; or But if the "written contract" requires this insurance to be primary and non- b The offense that caused the "personal and contributory, this provision (4) does not advertising injury" apply to insurance on which the additional for which the additional insured seeks coverage insured is a Named Insured. under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 2 (Ed. 10/10) hRi,NO erti.icateTcancenlesyan65/supers. s? lain rev°.ously issued certificates. A ° CERTIFICATE OF LIABILITY INSURANCE 02125/2013 ' `Y) 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). CONTACT Fran Thomas PRODUCER DFI-DiGerolamo Family Insurance Services NAME: FAX 2027 Hamner Ave .No.Extl: (951)735.5335 (A/c,No (951)893-2750 Norco,CA 92860 ADDRESS: fran@dfiinsurance.com License#:0D26889 INSURER(S)AFFORDING COVERAGE NAIC>r INSURER A: GOLDEN EAGLE INSURANCE CORP, 10836 INSURED INSURERS: CASTLEPOINT NATIONAL INSURANCECOMPANY Superior Paving Company,Inc DBA United Paving Company INSURER C: INSURER D: 14660 industry Cir La Mirada,CA 90638 INSURER E • INSURER F: COVERAGES CERTIFICATE NUMBER: 00011889.0 REVISION NUMBER: 566 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NEB AWL smut TYPE OF INSURANCE In POLICY NUMBER ,JMM/DQIYYYYI ( ) LIMITS LIB GENERAL LIABIUTY EACH OCCURRENCE $RENTED DAMAGE COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENII AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG $ POLICY n,S7 []LOC _ $ A AUTOMOBILE LIABIJTY Y N BA8913452 06/2812012 06/28/2013 (EOMIdent) E LIMIT $ 1.000.000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS O PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIAR � OCCUR EACH OCCURRENCE $ EXCESSLUIB I CLAIMS-MADE AGGREGATE _ $ I $ I DED ;RETENTION S WORKERS COMPENSATION 1AC STATU- {BN EAND Y1 N N WCP-BC11695-12 06101/2012 06/01/2013 X TORY OMITS LER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFRCERAIEMBER EXCLUDED? N I N/A (Mandatary in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descrbe under DESCRIPTION und OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace is required) 10 DAYS NOTICE WILL BE SENT FOR NON PAYMENT OF PREMIUM. THE CITY,CITY EMPLOYEES AND OFFICERS,THE CITY ENGINEER,ITS CONSULTANTS,ELECTED OFFICIALS,AGENTS, COUNTY OF RIVERSIDE AND SUB-CONSULTANTS ARE NAMED AS ADDITIONAL INSURED INSOFAR AS WORK DONE UNDER THIS CONTRACT IS CONCERNED. COVERAGE IS PRIMARY&NON CONTRIBUTORY. JOB: ASPHALT PAVING,DATE PALM DRIVENISTA CHINO INTERSECTION IMPROVEMENTS WITH THE CITY OF CATHEDRAL CITY,DATE PALM DRIVENISTA CHINO,CATHEDRAL CITY,CA 92234 JOB#2515 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CATHEDRAL CITY THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 68-700 AVENIDA LALO GUERRERO ACCORDANCE WITH THE POLICY PROVISIONS. CATHEDRAL CITY,C 92234 AUHO_ REPRESENTATIVE jAtiozeiii (FHT) ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Printed by FHT on February 25,2013 at 11:06AM Bond No.CAC710804 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT Premium: $5,199.00 TO ADJUSTMENT BASED ON FINAL CONTRACT CE t Executed in two originals e„\c/ii-frl SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on February 13, 2013 , awarded to SUPERIOR PAVING COMPANY, INC. DBA UNITED PAVING COMPANY, hereinafter designated as the Principal, a Contract for DATE PALM DRIVE/VISTA CHINO INTERSECTION IMPROVEMENTS WITHIN THE CITY OF CATHEDRAL CITY, BID NO. B12-148E, CITY PROJECT NO.2515,and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW,THEREFORE,we,the Principal,and Merchants Bonding Company(Mutual) ,as Surety, are held and firmly bound unto the City in the just and full amount of FOUR HUNDRED SIXTY-NINE THOUSAND EIGHT-HUNDRED SIXTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS($469,864.75)lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said 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 faithfully perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided, on 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 indemnify and save harmless,the City,its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract 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 Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 • IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 25th day of February , 2013 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Superior Paving Company,Inc.dba United Paving Co. Principal (Seal) •tio Signature for Principal SabaS TL Title of Signatory Merchants Bonding Company(Mutual) Surety (Seal) Signature for Surety Stephanie Hoang,Attorney-in-Fact Title of Signatory 2100 Fleur Drive,Des Moines,Iowa 50321-1158 Address of Surety (515)243-8171 Phone#of Surety Terry Bricker Contact Person for Surety Faithful Performance Bond 1310-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :,i' t. -4... _- - - - _ ^eU`eG`,C•c^�i:` >`_ s ` ;7t;�t `:;` ^ci c .t- 'tW,-,cc". Z%E> i` ^C STATE OF CALIFORNIA County of Orange } On 1- before me, Irene Luong,Notary Public , Dat Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose names) is/afe 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 kris/her/their signature(e)on the instrument the - -- person(s), or the entity upon behalf of which the person(s) IRENE LUONG acted, executed the instrument. ?'.,. Commission# 1883838 a:'..4e; s Notary Public-California z I certify under PENALTY OF PERJURY under the laws of : _ , z Orange County D the State of California tha •e foregoi , •.ragraph is true y M Comm.Ex fires and correct. My p Mar 22,2014 Witness my and an• . icia�e=;�1 Signature \ MI /,_____ jai- Signature Notary Seal Above Signature of otary^bl�� 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General E Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT El Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: CO 2007 National Notary Association•9350 De Soto Ave,P.O.Box 2402•Chatsworth.CA 91313-2402•www.NahonalNotary.or<j Item 45907 Reorder:Call Toll-Free 1-800-876-6827 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 •/-- -••.:• .. . . .c- •c. -•c�,�:c..�c...c.,4v?c c .t c c>.e.c ? rti�, • ) State of California Q •1 County of 12—\\11 ,\� On ZI \ \ 3 before me, A riGvo'1 t\ J P,* t, Date Here Insert Name an Tit(g of he Officer --1- 91 personally appeared �_,- � \1 L7 Name(s)of Signer(s) who proved to me on the basis of satisfactory 1 , t evidence to be the persons whose name,(s) ism NI i' subscribed to the within instrument and acknowledged t, to me that he/s /tFjey executed the same in 9 his/144r/tbe'r authorized capacity(j®sr, and that by t h pi is/Ifer/heir signaturejs) on the instrument the t, personjs), or the entity upon behalf of which the :I personas) acted, executed the instrument. , l4 I certify under PENALTY OF PERJURY under the ?' (4 ARIANA VIILEGAS laws of the State of California that the foregoing -;art. . Commission#1958023 9' 1",:a... - Notary Public-Ca ifornia = paragraph is true and correct. j_4:1:7_) Rlw►side County . res Oct 24,2015 my� N�r Co__.- Exec- -� WITNESS m hand and official seal. IPA C Signature:Ii . L A 1 _+ Place Notary Seal Above Signatu e of otary Public I OPTIONAL C' Though the information below is not required by law, it may prove valuable to persons relying on the document I. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 ( Title or Type of Document: •, Document Date: Number of Pas-:. 9i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's N. e: ❑ Corporate Officer — Title(s): ❑ r. porate Officer — Title(s): 1. ,, ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT � OF SIGNER OF SIGNER I ❑ Partner — ❑Limited ❑General Top oft - a here ❑ Partner — ❑ Limited ❑General Top of thumb here El in Fact ❑Attorney in Fact • ❑ Trustee ❑Trustee 4 ❑ Guardian or Conse• . or ❑Guardian or Conservator ❑ Othe ❑Other: Signer Is Representing: Signer Is Representing: Lk. ,-- -Nt;e tv,. ' =z,&.4-cx.,- 4sc - 4ye.-BSc F`c:` <2.4su4„ t vE 4 ^E:.7,24 —w,---,.."E%4- :.-<t., �GurG� 45'.XX%F.F=c.' t£ `�' ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No.CAC710804 Premium listed on performance bond Executed in two originals SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on February 13th,20,3awarded to SUPERIOR PAVING COMPANY, INC. DBA UNITED PAVING COMPANY, hereinafter designated as the Principal, a Contract for DATE PALM DRIVENISTA CHINO INTERSECTION IMPROVEMENTS WITHIN THE CITY OF CATHEDRAL CITY, BID NO. B12-148E, CITY PROJECT NO.2515,and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Merchants Bondinc Comnanv(Mutual) , as Surety, are held and firmly bound unto the City in the just and full amount of FOUR HUNDRED SIXTY-NINE THOUSAND EIGHT-HUNDRED SIXTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS($469,864.75)lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond,and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 25th day of February . 2013 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Superior Paving Company,Inc.dba United Paving Co. Principal (Seal) .401 Signature for Principal \ RYE`J�CY�� Title of Signatory Merchants Bonding Company(Mutual) Surety (Seal) • Signature for Surety Stephanie Hoang,Attorney-in-Fact Title of Signatory 2100 Fleur Drive,Des Moines,Iowa 50321-1158 Address of Surety (515)243-8171 Phone#of Surety Terry Bricker Contact Person for Surety Payment Bond 1320-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Coun ty of Orange } On a laS- before me, Irene Luong,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that+9e/she/they executed the same in-his/her/their authorized capacity(ies), and that by hie/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) � ,, IRENE COONG acted, executed the instrument. Commission# 1883838 z Z ,„ ;; Notary Public-California D the State under of California Y,O he foregoing unararra has true Orange County g 9 P 9 P My Comm.Expires Mar 22,2014 and correct. Witness my hand .n;j .e. Signature --q10/10�■11111 �� Place Notary Seal Above Signature otary Pubic 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑General ® Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: '•_ _ • _ �`G i t `(?`:��4`Z�C?i✓C: tS CStt:t<'? ;Ci?Ct``t `C)tt: `t' ? :'�`v ,�^tSCC^ ,' 4`Cti�{?'�`C:C (92007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402•www.Nat onaiNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 MERCHANT-11 BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang of Costa Mesa and State of CA their true and lawful Attomey-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION($7,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. 'The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 27th day of February , 2012. `��47...0f 1.� .., t\--• ` G•CO..A•• MERCHANTS BONDING COMPANY MUTUAL �eia`o�Okii•.o' :moaP-9q�9y�: MERCHANTS NATIONAL BONDING,INC.(MUTUAL) ' 'T_ •y 2 �; • V. 2 v�3 ;:��_ :.'1'.• 1933 :•c; ..,. Cb• By 0/41V/7 7:rio____ STATE OF IOWA L.V.,�hv II,........ri" •••• ' •\•••• COUNTY OF POLK ss. """"...... President On this 27th day of February , 2012,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. .44 r i MARANDA GREENWALT Commission Number 770312 '# � � f" 1 f r My Commission Expires °" October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 25th day of February ; 2013 - •• =ft/ow ?q.. 0- .'0c,Zi qq 9t:•• �•_ •a'• 1933 Secretary 0 2003 f.' .' . •�,,: POA 0014 (11/11) `{�'H�• .......f-i• ••.b.� .•`A ..• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �•-v;•-• v--�v-- .. v-••,-••/-:. •. -- -x :t2 -.ac-.t,4c ~..k Fc 6`.ev2c:C. cfcY .-x^„.clzcl. c f KS�x^c� Z¢fC ;. (G 91 State of California 9 '� ( p •1• County of - ` \ J J\d1, ` f 1',� p a On 2`2J \ before me, Ac 1Qli0l V 1l VC \ 3 -Ci( 4 Ck kc �I Date Here Innd Title of the Officer I personally appeared S i D I Name(s)of Signer(s) H • who proved to me on the basis of satisfactory (� evidence to be the person( ) whose name(S) is/we- ( subscribed to the within instrument and acknowledged ; ?, to me that he/sare/tf}ery executed the same in his/berf/tFyeir authorized capacity(ieS), and that by his/Vr/tbeir signature( ) on the instrument the ,, person,(z), or the entity upon behalf of which the ,, c personjs) acted, executed the instrument. l I certify under PENALTY OF PERJURY under the I 6, . ' ARIANA VILLEGAS laws of the State of California that the foregoing Commission#1958023 `` Public-California i paragraph is true and correct. `r,*•% Riverside County . Comm.Expires Oct 24,2015 WITNESS my hand and official se4 Signature: A 0._41 I. Ili. 4 Place Notary Seal Above Signa ur-of Nr'Public 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. ,5 Description of Attached Document ?, Title or Type of Document: • < Document Date: N •-•er of Pages: AHli Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) l Signer's Name: :gner's Name: 1. ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER I< ❑ Partner — ❑Limited ❑General T..of thumb here ❑ Partner — ❑Limited ❑General Top of thumb here 51 • ❑ Attorney in Fact ❑Attorney in Fact < ❑ Trustee ❑Trustee ❑ Guardian or Cons-•rator ❑Guardian or Conservator CI Other: ❑Other: l t Signer Is Representing: Signer Is Representing: L,„: ,l [?P== „:k, 2, ,, ,e sic.^E-k,`=w�-c.^ .`F' ^€".,,, x.c.^CX..",,,G ;e.`f.) .," .` X:X. .^%C,K=c,`F:VLif"9 ;cN-4', LY4<-2$€%C c.^Lc,`L=c:`U' ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No.CAC710804 PREMIUM IS FOR TILE CONTRACT TERM AND IS SUBJEC Premium:$5,199.00 TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Executed in two originals SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on February 13, 2013 , awarded to SUPERIOR PAVING COMPANY, INC. DBA UNITED PAVING COMPANY, hereinafter designated as the Principal, a Contract for DATE PALM DRIVE/VISTA CHINO INTERSECTION IMPROVEMENTS WITHIN THE CITY OF CATHEDRAL CITY, BID NO. B12-148E, CITY PROJECT NO.2515,and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW,THEREFORE,we,the Principal,and Merchants Bonding Company(Mutual) ,as Surety, are held and firmly bound unto the City in the just and full amount of FOUR HUNDRED SIXTY-NINE THOUSAND EIGHT-HUNDRED SIXTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS($469,864.75)lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said 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 faithfully perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided, on 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 indemnify and save harmless,the City,its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract 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 Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 25th day of February , 2013 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Superior Paving Company,Inc.dba United Paving Co. Principal (Seal) Signature for Principal �aba�T \\c ,?res∎c � Title of Signatory Merchants Bonding Company(Mutual) Surety (Seal) Signature for Surety Stephanie Hoang,Attorney-in-Fact Title of Signatory 2100 Fleur Drive,Des Moines,Iowa 50321-1158 Address of Surety (515)243-8171 Phone#of Surety Terry Bricker Contact Person for Surety Faithful Performance Bond 1310-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On CTJ 1 before me, Irene Luong,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aFe 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) IRENE LUONG acted, executed the instrument. yam\` Commission# 1883838 all«• ''' Notary Public-California z I certify under PENALTY OF PERJURY under the laws of z -?��t ' the State of California that the foregoing is true � Orange County 9 9 My Comm.Expires Mar 22,2014 and correct. Witness my hand a , • :l se.I. Signature \va� L�rr Place Notary Seal Above Signature o."■ota Public lir 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited❑General ❑ Partner—❑Limited❑General ® Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: `r'�`�:`�G:`�t"�:''�%c:C i���?%C:?=i:`�`�t:�-`_'{:�t�'�{"�"�4�`�tS�t:�.'�.`�%`ci.`r✓t7CCi?`_C?�%t?�''`C C.�:`�i`�G'`�`�t.'LL^�."�=c9�'•ti`Ct.`�<:`C (9 2007 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth.CA 91313-2402•www.NationalNotary.org Item 45907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 ,ter i i i i , '/' • -•.r.-,, ..k f'c f .k^..:f3c C.,.,c Ya[f.. c�l- Y cK> Y.; .F'ttcot`,.c Crc ;f',r:• . ; i n State of California • County of I�'.51C\ e On . Z9 l 3 before me,-�r X01 \`�c "1S L (-� P �, .I Date Here Insert N e and/I itle of the Officer personally appeared ` c s60 •, ame(s)of igner(s) N ( who proved to me on the basis of satisfactory evidence to be the persor0 whose names) isae , subscribed to the within instrument and acknowledged • to me that he/, /t.bey executed the same in • his/Fjer/thif authorized capacity(1061, and that by "I his/hrer/tlyelir signatures on the instrument the ;I person(s), or the entity upon behalf of which the ,I personisy acted, executed the instrument. pi ARIANA VILLEGAS I certify under PENALTY OF PERJURY under the y • �• laws of the State of California that the foregoing =fir- Commission# 1958023 i ( � r Notary ry Public-California z paragraph is true and correct. i `-z:.:' I Riverside County D .1 ( M Comm.Ex Tres Oct 24,2015 WITNESS my hand and official seal. 1 Signature: ,a LL 1 II— . 4 Place Notary Seal Above ignature of Notary Puaic • OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the d.• ment and could prevent fraudulent removal and reattachment of this form to another documen • Description of Attached Document Title or Type of Document: • Document Date: Nurser of Pages: 1 Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer(s) Signer's Name: Si. er's Name: 4,I 1' ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): t ,, ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER l ❑ Partner— ❑Limited ❑General Top o umb here ❑ Partner — ❑ Limited ❑General Top of thumb here c i Cl Attorney in Fact ❑Attorney in Fact 6 ❑ Trustee ❑Trustee { ❑ Guardian or Conservator ❑Guardian or Conservator ,4 I ❑ Other: ❑Other: 1 Signer Is Representing: Signer Is Representing: I, cwt c , .cam r s .,---s . c: c^ c '- c.^Et^=.--w cxs<x:�=c xJc^u , ,s1 i ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No.CAC710804 Premium listed on performance bond Executed in two originals SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on February 13th,20pawarded to SUPERIOR PAVING COMPANY, INC. DBA UNITED PAVING COMPANY, hereinafter designated as the Principal, a Contract for DATE PALM DRIVENISTA CHINO INTERSECTION IMPROVEMENTS WITHIN THE CITY OF CATHEDRAL CITY, BID NO. B12-148E, CITY PROJECT NO.2515,and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Merchants Bonding Company(Mutual) , as Surety, are held and firmly bound unto the City in the just and full amount of FOUR HUNDRED SIXTY-NINE THOUSAND EIGHT-HUNDRED SIXTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS($469,864.75)lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way,affect its obligations of this bond,and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 25th day of February , 2013 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Superior Paving Company,Inc.dba United Paving Co. Principal (Seal) I■1 Signature for Principal ,? € c k Title of Signatory Merchants Bonding Company(Mutual) Surety (Seal) S • 01:4111/V Signature for Surety Stephanie Hoang,Attorney-in-Fact Title of Signatory 2100 Fleur Drive,Des Moines,Iowa 50321-1158 Address of Surety (515)243-8171 Phone#of Surety Terry Bricker Contact Person for Surety Payment Bond 1320-2 • CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT _• - • - STATE OF CALIFORNIA County of Orange On I before me, Irene Luong,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/aFe 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 Pk/her/their signature(&)on the instrument the person(a), or the entity upon behalf of which the persons) NG acted, executed the instrument. ,;,,:,, IRENE LUONG _ Commission# 1883838 I certify under PENALTY OF PERJURY under the laws of * X1' Notary Public-California z y z :�t�_ z 's, Orange County the State o California that the foregoing paragraph is true My Comm.Expires Mar 22,2014 and correct. Witness m hand a/: o icial -. Signature \ ;_�►vA � Place Notary Seal Above Signature. Notary Pu. 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑General ® Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: t©2007 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth.CA 91313-2402•www.NathonalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 MERCHANTT'N\ BONDING COMPANY-u POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang of Costa Mesa and State of CA their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION($7,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. 'The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 27th day of February , 2012 ....a.... .---• •,...• 4'1lOf1,4�''' �4p0NG.�O,'A MERCHANTS BONDING COMPANY(MUTUAL)• .i'al/p1k,ORq��0% ;•413• p- QAq'9y�: MERCHANTS NATIONAL BONDING,INC.• • .�.C • •ry:2 -o- b V: 2 03 : ' •6•• 1933 , -:• 1. • ;y By 0/00t7i17 7:7„4.___ J •J�• •4.* ���;�• .• .- „ •. day \1• • STATE OF IOWA *••• ,.`'�•,`` ••,, 1i ••• COUNTY OF POLK ss. .""•..""'... President On this 27th day of February , 2012,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. 4 MARANDA GREENWALT .ea,, ,-;2. . Commission Number 770312 { L f r f ow My Commission Expires October 28,2014 Notary Public,Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 25th day of February , 2013 •4":2 cm- • i'.(t �. ::1- 3• Secrets %. 2CO3 :•.n' yJ. 1933 :c• ry POA 0014(11/11) C4>//--..... .-‘• •• • •• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 v �^�^i v., r v v� o f ✓ > .kc.c R . ..c-x .e ISM. ... lr-r..ke •r' ,v IG i t State of California h County of g\ kfS I On 212- I 3 before me, Po( \ e6 \\ k k1j + O i, ' Date Insert Na e and—itle of the Officer ti' SGTpersonally appeared _ r U Name(s)of S ner(s) , h ( who proved to me on the basis of satisfactory pI evidence to be the person whose nameks) is/9,re ' subscribed to the within instrument and acknowledged 1 to me that he! e/tom executed the same in his/ r/tbyeir authorized capacity(je ), and that by • his/h3r/tbelf signature(si' on the instrument the •i i personj, or the entity upon behalf of which the ,, persons) acted, executed the instrument. • // C I certify under PENALTY OF PERJURY under the *.' C. ARIANA VILLEGAS laws of the State of California that the foregoing Commission• 1958023 z` ' Notary Public-California 1 paragraph is true and correct. I k- t'!/ Riverside County My Comm.Expires Oct 24,2015 WITNESS my hand and official seal. t 1 1 Signature: ,.- _, g. ,k J • I Place Notary Seal Above • Signatur-of Notal"%lic ,' OPTIONAL y I 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. 91 Description of Attached Document 9' Title or Type of Document: :, Document Date: Number of Page Signer(s) Other Than Named Above: g Capacity(ies) Claimed by Signer(s) Signer's Name: Signe '. •ame: ) ❑ Corporate Officer — Title(s): • Corporate Officer — Title(s): ti ❑ Individual RIGHTTHU'MBPRINT ❑ Individual RIGHT THUMBPRINT 9 OF SIGNER OF SIGNER 1 ❑ Partner— ❑Limited ❑Gener. Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here I i ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee ❑Trustee ly El Guard- or Conservator ❑Guardian or Conservator 1 ❑ • er: ❑Other: Signer Is Representing: Signer Is Representing: i i Ocr L• - - - • _ .J. • ,. ^ ,.^ ^r=c ^v-ve4x-K.,, -% -;w�c^� .—�s�x^�c c� ` ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907