HomeMy WebLinkAboutContract 1903 • (- M03
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein
referred to as"City,and CT&T CONCRETE PAVING,INC,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
CATHEDRAL CITY WHITEWATER BIKE PATH BID NO. B16-05E, CITY PROJECT NO. 7015 (the
"Work") in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract,
approved Change Orders, the Invitation to Bid dated July 29, 2016, Instructions to Bidders, permits issued by the
City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced
Specifications,the General Conditions, Supplementary Conditions the Contractor's Bid dated August 30,2016, and
any addenda thereto (the "Contract Documents") all of which shall be considered a part hereof as though fully set
herein.
2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws,
regulations and policies,which are,as amended from time to time,incorporated herein by reference.
3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor
agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the
City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work
completed within 90 working days from the date of Notification to Proceed.
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 total compensation to
Contractor for all Work shall not exceed Three Million, One Hundred Sixty Five Thousand, One Hundred Seventy
One dollars and Seventy Four cents. ($3,165,171.74). 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 Contract Documents.
6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than 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 up to Two Hundred Dollars($200.00) for each calendar day,or
fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor,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 the Contract Documents,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 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. 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,
Agreement 1300-1
A
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract
Documents. 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 as an 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 disability, mental disability,medical condition, genetic information,
marital status,sex,gender,gender identity,gender expression,age,sexual orientation,or military and veteran status
as provided in the California Fair Employment Practice Act(Government Code Sections 12900,et seq.) Contractor
agrees that a fmding 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 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 Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and
licenses required for the Work,and give all necessary notices and pay all fees and taxes required by law,including,
without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it
has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its
profession.
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 three years after
termination of the Contract.
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. In entering into this Contract or a contract with a subcontractor to supply goods, services, or
materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to
assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Agreement 1300-2
r .
Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of
Division 7 of the California Business and Professions Code),arising from purchases of goods,services,or materials
for the Contract. This assignment will be deemed made and will become effective at the time City tenders final
payment to Contractor,without further acknowledgement by the Parties.
IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below.
"CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
���
By:611/1641)-11-C
Dated: /0//,0104
Charles McClendon,City Manager
ATTEST:
_ . Dated: — '
Gary aw.11,Ci Clerk
APPROVE,I • S '1 FO :
-41
Dated: Z— ZO��o
Eric Vail,City Attorney
"CONTRACTOR"
Dated: 7—C 7-7 7 By: /��j
Name: Jose Car VaSc.
Title: PC"e s i a P Vi+
Dated: - - 01• II' By. OP, OP
Name: Sack%e. C./ V CkI
Title: Tr^ea s u re r
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.]
Agreement 1300-3
.
JURAT
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 Luc) hvy^ett6
Subscribed and sworn to (or affirmed) before me on this t-v day of feb1(1AAVV
20 11 by jOti OG1 M I vti1?ti Ca VV(/1 1
I
J
proved to me on the basis of satisfactory evidence to be the persor ) who appeared
before me.
t. AMY ELISE MOODY
Commission No.2149616 8
MO
//qq r � .�• OTARY PUBLIC-CALIFORNIA• VV G Z \ LOS ANGEESCOUNTY(Seal) :As
y Comm ExptreAPRll9,200
•
OPTIONAL INFORMATION INSTRUCTIONS
The wording of all Jurats completed in California after January 1,2015 must be in the form
as set forth within this Jurat. There are no exceptions.If a Jurat to be completed does not
follow this form,the notary must correct the verbiage by using a jurat stamp containing the
correct wording or attaching a separate jurat form such as this one with does contain the
proper wording. In addition, the notary must require an oath or affirmation from the
DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The
document must be signed AFTER the oath or affirmation.If the document was previously
V V v l\-rn C- -- ofkolArAl G 1 signed,it must be re-signed in front of the notary public during the jurat process.
(Title or description of attached document)
• State and county information must be the state and county where the
document signer(s)personally appeared before the notary public.
(Title or description of attached document continued) • Date of notarization must be the date the signer(s) personally
appeared which must also be the same date the jurat process is
completed.
Number of Pages .1 Document Date �I 2� l • Print the name(s)of the document signer(s)who personally appear at
the time of notarization.
• Signature of the notary public must match the signature on file with the
Additional information office of the county clerk.
• The notary seal impression must be clear and photographically
reproducible. Impression must not cover text or lines. If seal impression
smudges, re-seal if a sufficient area permits, otherwise complete a
different jurat form.
• Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
• Indicate title or type of attached document,number of
pages and date.
• Securely attach this document to the signed document with a staple.
2015 Version www.NotaryClasses.ccn 800-873-9865
•
JURAT
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
At
County of lrui A9CAtc
Subscribed and sworn to (or affirmed) before me on this C�rl� day of 1-t/h(Vtl
20 11 by C 11 '1\l ti (i11.1(1 .10/16 �V4t t l
proved to me on the basis of satisfactory evidence to be the person(,) who appeared
before me.
AMY ELISE MOODY
�^r(1, a ..!;y Commission No.2149616 6
I Y`V v ? 4 �= NOTARY PULIC-CALIFORNIA n
1 \ _ '� � LOS ANGELES COUNTY
Sigr t re (Seal) ``}%�` My Comm Expires APRIL 19,2020
• •
OPTIONAL INFORMATION INSTRUCTIONS
The wording of all Jurats completed in California after January 1,2015 must be in the form
as set forth within this Jurat. There are no exceptions.If a Jurat to be completed does not
follow this form,the notary must correct the verbiage by using a jurat stamp containing the
correct wording or attaching a separate jurat form such as this one with does contain the
proper wording. In addition, the notary must require an oath or affirmation from the
DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The
�i'n WOO-
' �l t�o �t�I /; � document must be signed AFTER the oath or affirmation.If the document was previously
( r 4 1 e V' signed,it must be re-signed in front of the notary public during the jurat process.
(Title or description of attached document)
• State and county information must be the state and county where the
document signer(s)personally appeared before the notary public.
(Title or description of attached document continued) • Date of notarization must be the date the signer(s) personally
appeared which must also be the same date the jurat process is
12 -
II/ completed.
Number of Pages Document Date • Print the name(s)of the document signer(s)who personally appear at
the time of notarization.
• Signature of the notary public must match the signature on file with the
Additional information office of the county clerk.
• The notary seal impression must be clear and photographically
reproducible. Impression must not cover text or lines. If seal impression
smudges, re-seal if a sufficient area permits, otherwise complete a
different jurat form.
Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
Indicate title or type of attached document, number of
pages and date.
• Securely attach this document to the signed document with a staple.
2015 Version www.NotaryClasses.com 800-873-9865
. .
BOND NO. RCB0003646
BOND PREMIUM IS$33,489.00 WHICH IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
BOND ISSUED IN TRIPLICATE
SECTION 1310
FAITH FT I, PERFORMANCLMS4
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
October 12,2016,awarded to CT&T Concrete Paving,Inc,hereinafter designated as the Principal,a Conuac:for
the CATHEDRAL CITY WHITEWATER BIKE PATH,BID NO. B16-05E,CITY PROJECT NO.7015.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 Contractors Bonding and Insurance Comp_am,as Surety,are
held and firmly bound unto the City in the just and full amount of( *** ) 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. ***Three Million One Hundred Sixty Five Thousand One
Hundred Seventy One and 74/100($3,165,171.74)
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 terns of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, iii 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
Gino 11111-1
•
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their
seals this 15th day of February,2017 l< , 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.
CT&T Concrete Paving, Inc.
Principal
(Seal)
5 griature f rincipal
/
Title of Signatory
Contractors Bonding and Insurance Company
Surety
(Seal)
Yu • T.Mullick
Signature for . 'ety
Attorney-in-Fact
Title of Signatory
111 Pacifica,Suite 350, Irvine,CA 92618
Address of Surety
949-341-9110
Phone#of Surety
Julie Durkin
Contact Person For Surety
F-,�hfiri t•rrfnrmanrc fiend 13142
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 February 15, 2017 before me, Christine T, Hoang _ Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Yung T. Mu!lick—_ ` -- —
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
l 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)
eo,`°F*,,, CHRISTINE T.HOANG acted, executed the instrument.
N ,i4141061, ,, COMM.#2008757 I certifyunder PENALTY OF PERJURY under the laws of
a (A the State of California that the foregoing paragraph is true
, - o NOTARY PUBLIC•CAUFORNIA
' 1'. , x' ORANGE COUNTY N
a, and correct.
c,-P• MY COMM.EXP.FEB 25,2017
Witness my han. -nd •`icial s- .7--
Signature /
Place Notary Seal Above Signatur,of NotaPublic Christine T. Hoang
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 the form to another document.
Description of Attached Document
Title or Type of Document: Performance Bond#RCB0003646; Issued in Triplicate
Document Date: February 152017 _ Number of Pages: 2
1 Signer(s) Other Than Named Above: None —
1 Capacity(ies)Claimed by Signer(s)
Signer's Name: Yung T. Mullick Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer --Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General
g Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
Li Trustee OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here I ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Contractors Bonding and
Ins_u_rance Company__. —
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 to S yl-MVt4 }
On `� N/1/ ',(hvi', '1 i \ before me, 1\St . ACUaAt ft Os,-( polio,
ere in ert name and hae oft o icer)
personally a eared 1 U qi CIMc'\re) Vt,c)(% (Mt VII, 01 ,
who proved to me on the basa. of satisfactory evidende to be the peon whose
name is/qfe subscribed to the within instrument and acknowledged to me that
he/s /they executed the same in his/h'er/thir authorized capacity(i0), and that by
his/h¢r/thceir signature(s,yon the instrument the personO, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. -.I, AMY ELISE MOODY
i',.' -, ..A. . Commission No.2149616 8
6-) I'"�t i"'' - NOTARY PUBLIC-CALIFORNIA
Al Z '1 LOS ANGELES COUNTY My Comm Expires APRIL 19,2020
Notary Publiature \.1 6-)
Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
VO(N iV1AIV1ct, 0/1C law.
(Title dr descripition of attached document) • State and County information must be the State and County where the document
(01\1\f a I (4- r signer(s)personally appeared before the notary public for acknowledgment.
lr{ • Date of notarization must be the date that the signer(s)personally appeared which
(Title or de cription o attached document ontinued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is lore)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
NCorporate Offl er • The notary seal impression must be clear and photographically reproducible.
/ "il V l T Impression must not cover text or lines. If seal impression smudges,re-seal if a
PI1
tle 1 III sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
❑ Partner(s) the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ 4. Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version www.NotaryClasses.conn 8010-873-9865 • Securely attach this document to the signed document with a staple.
RLI® chic
POWER OF ATTORNEY
an RU Company RLI Insurance Company
9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company
Phone:(800)645-2402 I Fax:(309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company,required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint:
James W. Moilanen,Yung T.Mullick,Christine T.Hoang,Kat Jorgensen,jointly or severally
in the City of Mission Viejo , State of California , as Attorney in Fact,with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings,and recognizances in an amount not to exceed Ten Million Dollars
( $10,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 26th day of January,2017.
""" """" RLI Insurance Company
,,•N .G,ANO.Ns,'•., ``,. C�'•.
•°p :'S •y.. ••4io-; Contractors Bonding and Insurance Company
�oQ00.4o OggT�'9ni a,•u •
Opp OggT� 4.
_23
t-'• SEAL SEAL • ((/
7
State of Illinois • Barton W.Davis Vice President
SS 14.uNo�s , ,141.IN0', O`'
,
County of Peoria
CERTIFICATE
On this 26th day of January 2017 I, the undersigned officer of RLI Insurance Company, and/or
before me, a Notary Public, personally appeared Barton W. Davis Contractors Bonding and Insurance Company, each Illinois
who being by me duly sworn,acknowledged that he signed the above Power corporations, do hereby certify that the attached Power of Attorney is
of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the
Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is
instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof,I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company this \4, day of'VeONN.
• /17 Q�-: 0-.C.. RLI Insurance Company
Jacqu ine M.Bockle Notary Public Contractors on Iing aand Ins ranee Company
"OFFICIAL SEAL"
rNOTApY Barton W.Davis Vice President
,PUBLIC JACQUELINE M.BOCKLER
STATE OF
'auN°is COMMISSION EXPIRES 01114/18
0475412020212 A0059115
1
BOND NO. RCB0003646
BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND
BOND ISSUED IN TRIPLICATE
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
October 12,2016,awarded to CT&T Concrete Paving,Inc,hereinafter designated as the Principal,a Contract for
the CATHEDRAL CITY WHITEWATER BIKE PATH,BID NO. B16-05E,CITY PROJECT NO. 7015, 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 or any kind,the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and Contractors Bonding and Insurance Company as Surety, are
held and firmly bound unto the City in the just and full amount°C(*** ) , executors, administratom and successors.
jointly and severally, firmly by these presents. ***Three Million One Hundred Sixty Five Thousand One
Hundred Seventy One and 74/100($3,165,171.74)
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
he 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 lime.
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
Pivornene&and 1320-1
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their
seals this 15th day of February, 2017 AC:7)W, 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.
CT&T Concrete Paving, Inc.
Principal
(Seal)
ignature for Principal
1/-4- C/rp
Title of Signatory
Contractors Bonding and Insurance Company
Surety
(Seal)
Yu • T.Mullick
Signature for/S • ty
Attorn- -in-Fact
Title of Signatory
111 Pacifica,Suite 350, Irvine, CA 92618
Address of Surety
949-341-9110
Phone 4 of Surety
Julie Durkin
Contact Person For Surety
Payment Bond 1320-2
I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I
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. i
STATE OF CALIFORNIA
County of Orange
On February 15, 2017 _ before me, Christine T. Hoang , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Yung T. Muliick _
Names)of Signer(s)
II . .
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)
OF CHRISTINE T.HOANG acted, executed the instrument.
t�
N .4-"4' ,''� COMM•#2008757
, NOTARY PUBLIC CALIFORNIAN I certify under PENALTY OF PERJURY under the laws of
l'..'"1-14115:7
:�' '� ORANGE COUNTY N the State of California that the foregoing paragraph is true
r°6"". lz 1,
o4uFop�•
MY COMM.EXP•FEBn 2017 and correct.
Witness my hand and o ' -.I seal.V
Signature
Place Notary Seal Above Signature 4, Notar,Public Christine T. Hoang
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 the form to another document.
Description of Attached Document
Title or Type of Document:_Payment Bond#RCB0003646; Issued in Triplicate
Document Date: February 15 2017 v - Number of Pages: 2 —_
Signer(s) Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Yung T. Muilick Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Titie(s): _ _` _ ❑ Corporate Officer --Title(s):
❑ Partner ❑Limited ❑General ❑ Partner CI Limited 1_11 General
gAttorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
❑ 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:
Contractors Bonding anal___
insurance Company I I
— — - — _ I
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 Uii k }
On ' ' &AAA el 11
�j1before me, f\NA \\V/ vIOUc t Nli1(WPv O11t',
(Here insert name and !fib of the icer)
personally app-ared 05', (NM/Ail/ Op(' CV[t 4 ,
who proved to me on the ba s of satisfactory evidene to be the persdn ) whose
name( ) is/ate subscribed to the within instrument and acknowledged tome that
he/s /t11,6y executed the same in his/h(�r/thir authorized capacity(i#s), and that by
his/hir/their signature() on the instrument the person ,$), or the entity upon behalf of
which the person(s') acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. ,,,,,�,,,............-•�-��-
AMY ELISE MOODY
c Commission No.21496�6 6
WITNESS my hand and official seal. :` =~ NOTARY PUBLIC CALIFORNIA
. mol irt.i LOS ANGELES COUNTY
p\1 MyComm.ExpiresAPRILt9,2020Notary Pugnature (Notary Public Seal)
♦ •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
��q ?VII
as the wording does not require the California notary to violate California notary
Ct r'lll����� law.
(Title or d scripti of attached doc ment1 . • State and County information must be the State and County where the document
C ;1k-1 n 1/a l ! A signer(s)personally appeared before the notary public for acknowledgment.
Y t V VVVAI1 • Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attach d document continu ) must also be the same date the acknowledgment is completed.
Number of Pages V Document Date I 24.7111 commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this
Individual (s) information may lead to rejection of document recording.
Corporate Officer
• The notary seal impression must be clear and photographically reproducible.
IrL� CImpression must not cover text or lines. If seal impression smudges,re-seal if a
e t+ •1(-t" �
p Titlsufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
❑ Partner(s)
the county clerk.
❑ Attorney-in-Fact •. Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version www.NotaryClasses.com 800-8'3-9865 • Securely attach this document to the signed document with a staple.
•
I RLIChic® POWER OF ATTORNEY
an RU Company RLI Insurance Company
9025 N.Lindbergh Dr.'Peoria,IL 61615 Contractors Bonding and Insurance Company
Phone:(800)645-24021 Fax:(309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company,required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint:
James W. Moilanen,Yung T. Mullick,Christine T.Hoang,Kat Jorgensen,iointly or severally
in the City of Mission Viejo , State of California , as Attorney in Fact,with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings,and recognizances in an amount not to exceed Ten Million Dollars
( $10,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 26th day of January,2017.
RLI Insurance Company
01.10 ANO.,y°, `,.• pNCE C ••/
00,• ••99•- X45 ▪ ' • hq- Contractorss Bonding and Insurance Company
�OQ6;GOµP ORgr•.•yn"s_ •=.vo40PP Oggr0'I s.
'
=Y . SEAL:,� . SEAL
L
yon • fr Barton W.Davis Vice President
State of Illinois
SS •/tuNOs �L▪LiNo�s`
II111,
County of Peoria
CERTIFICATE
On this 26th day of January 2017 , I, the undersigned officer of RLI Insurance Company, and/or
before me, a Notary Public, personally appeared Barton W. Davis , Contractors Bonding and Insurance Company, each Illinois
who being by me duly sworn, acknowledged that he signed the above Power corporations, do hereby certify that the attached Power of Attorney is
of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the
Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is
instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Cpntractors
Bonding and Insurance Company this \ day ofc IXIMI(`{
217. d �+C. RLI Insurance Company
Jacqu ine M.Bockle Notary Public Contractors on ing and Ins ranee Company
V.
NOTARY "OFFICIAL SEAL" Barton W.Davis Vice President
STATE TATEO'F JACQUELINE M.BOCKLER
,ILLINOIS COMMISSION EXPIRES 01/14/18
0475412020212 A0059115