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13-0628_PAULUS ENGINEERING, INC._Agreement CONSTRUCTION AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this ,=g day of" m , 2013, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Paulus Engineering, Inc.; (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to Construct the "Reata Park& Event Center Water Service Lateral, per the plans by Huitt-Zollars; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," the plan set by Huitt-Zollars titled "Reata Park & Event Center Water Service Lateral," dated 04/02/2013; attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Time of Commencement and Completion Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed." The "Notice to Proceed" will not be issued until the City provides the Caltrans Encroachment permit for the work. The Contractor shall diligently prosecute the work to completion within the time allocated in section 11 below; excluding delays caused or authorized by the City. All work must be completed within 90 Calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Construction Agreement, Section 11, for failure to meet the specified completion date. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 90 days from the notice to proceed. Section 3. Compensation. 3.1 Amount. 1 Total compensation for the services hereunder shall not exceed $159,934.50, as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment: The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. 2 By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. 3 Section 11. LIQUIDATED DAMAGES for DELAY The parties agree that if the total work called for under this Agreement, in all parts and requirements, is not completed within the time specified in Section 2 plus the allowance made for delays or extensions authorized by the City, that the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of One Thousand Dollars and No Cents ($1,000.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Agreement. Section 12. Surety Bonds. Contractor shall, before entering upon the performance of this Contract,furnish bonds one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%)of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance 4 specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 5 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, Utilities Director To Contractor: Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 Attn: Section 17. Prevailing Wages. 6 The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: J hn T Ior Mayor k CONTRACTOR ` By: A TE City Clerk APPR6VEp AS TO FORM: rr� Ilk Ci torney ��y 8 QTY OF SAN JUAiV CAPISTRAi O � PLANS FOR CONSTRUCTION OF REATA PARK & EVENT CENTER WATER SERVICE LATERAL WATER GENERAL NOTES ,. THE.ATER srTNE M ro eE MsrAUEn er THE CRNrt1ALTOR. KL wTT srslul MMN sHK1 conBDMe ro TUE cm's sTAwMo sPEGIn.Wows FDR THE corismuctlw of DOYEsnG wnTEB Km NOMI-DONESTC pATpi IRMMTW FAGUIIETi,'AS lISI PEMSEp. 3 2. TE s YNTER ENES VLDON MSFECmR(kIKF s.nH)SN_BE uum FOR ".N. MSPECItW 1lYp - .AIAP mxc DAYS eEPORE SfARr of wRRN AT few){eT-♦atl. ]. A WERMSRMI A aF REIFAE E ATNRS — MEEME AGENCIES MD TIE xPI m IYMA cDNmIGrOR slue.HELD DN THE"9TE 2a HDURs FRMN TD s AT oF VO NOTICE TO CONTRACTORS ♦. 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O 16fetl IFFT lBT LYE OkANO MF K SMX. i _ Moptr-.9� TRAFFIC CadTgOL PLAN MREATA PARK WATER 9EAVICE LATERALp`kR M CITY OF SAN JUAN CAPISTRANO " BID SCHEDULE Reata Park and Event Center Water Service Lateral C1P No. 12201 Item Const. Estimated No item Description /vote QuantityUnit (tern Price TOTAL 1.1 Mobilization,Demobilization 1 LS $11,600.00 $11,600.00 1.2 Insurance per sec 14 of the contract,Surety 1 LS $3,500.00 $3,500.00 Bonds per section 12 of the contract. TRAFFIC CONTROL 2 42"Channelizing Tubes 21 1 LS $11000.00 $11,000.00 3 Road Work Ahead and Warning Signs 23 1 LS $3500.00 $3,500.00 4 Install temorary K-Rail 28 1 LS $5500.00 $5,500.00 ROADWAY ARID JACKING PITS 5 Sawcut 14 1 LS $700.00 $700.00 6 Unclassified Excavation 14 1 LS $9000.00 $9,000.00 7 6"AC 44 19 TON $175.00 $3,258.50 8 12"AB 14 20 CY $109.00 $2,180.00 9 Recompact Native 14 1 LS $2200.00 $2,200.00 DOMESTIC WATER 10 Pot Hole Utilitiy Trench and Storm Drain&use 8 1 LS $7,000.00 $7,000.00 11.1 8" I.D.PVC(0900-07 Class 350)Pipe and 1 119 LF $31.00 $3,689.00 Fittings to Jacing Pit. 11.2 8"I.D. PVC(C900-07 Class 350)Pipe and 1 17 LF $145.00 $2,465.00 Fittings 12 16"Steel Cassing and Jacking 2 110 LF $502.00 $55,220.00 13 Asbestos Cement Pipe Removal 3 26 LF $68.00 $1,768.D0 14 8"Gate Valve 4 1 EA $1,900,00 $1,900.00 15 12"Gate Valve 5 2 EA $3,300.00 $6,600.00 16 12"I.D. PVC(0900-07 Class 350)Pipe, 6 26 LF $258.00 $6,708.00 Fittings,and flexible transition coupling. 17 Reserved. 9 0 EA $0.00 18 Thrust Block 10 1 LS $900.00 $900.00 19 2"Service Meter 11 1 EA $1,750.00 $1,750.00 20 8"Waterline temporary end plug 13 1 EA $325.00 $325.00 29 Install 2"backflow preventer 15 1 EA $1921.00 $1,921.00 22 Night time work in Ortega Hwy na 1 LS $12000.00 $12,000.00 23 2-60#magnesium anodes(detail W-10)and 1 LS $250.00 $250.00 CP Test station per plan 24 All Miscellaneouese work called for in the na 1 LS $500.00 $500.00 plans or the completion of the work. 25 Pressure test per Section 15042 of the na 1 LS $4500.00 $4,500.00 Specifications;and Chlorinate per section 15041 of the ecifications. TOTAL BID PRICE 159,934.50 Dollar Amount in wri n form i Signed by Name Title Exhibit B 6/4/2013 "T u nn.�_A.� D13 J ^ City of San Jua apistrano Age rt TO: Karen P. Brust, City M na' ' t FROM: Keith Van Der Maaten, U ' 'ties Direct Prepared by: Eric Bauman, Utilities Engineer DATE: June 4, 2013 SUBJECT: Consideration of a Construction Agreement for a New Domestic Water Service Line to Serve as the Point of Connection for Water Service for the Reata Park and Event Center (CIP 12201) (Paulus Engineering, Inc.) RECOMMENDATION: By motion, award a Construction Agreement with Paulus Engineering, Inc. in the amount of $159,934.50 for the construction of a new domestic water service line to serve the Reata Park and Event Center. EXECUTIVE SUMMARY: The Memorandum of Understanding (MOU) between the City of San Juan Capistrano and the San Juan Capistrano Open Space Foundation, regarding the development of the Reata Park and Event Center, requires that the City provide a point of connection to the property for domestic water service. At their December 11, 2012, meeting the City Council approved a Personal Services Agreement in the amount of $24,360 with Huitt- Zollars, Inc. to design a new domestic water service line that will serve as the point of connection for water service for the Reata Park and Event Center. Plans and specifications were completed on April 1, 2013. The City solicited informal bids from six (6) firms to construct the new domestic water service line to serve the Reata Park and Event Center. The City received four (4) bids on April 24, 2013. Staff recommends the City Council award a Construction Agreement with Paulus Engineering Inc., in the amount of $159,934.50 for the construction of a new domestic water service line to the serve the Reata Park and Event Center (Attachment 1). DISCUSSION/ANALYSIS: The new service line will be located approximately 600' west of Reata Road (Attachment 1, Exhibit A). The project includes construction of a new 8-inch domestic water service lateral connected to the City's existing 12-inch domestic water main in Ortega Highway (SR-74). CONSTRUCTION AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2013, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Paulus Engineering, Inc.; (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to construct the Reata Park& Event Center Water Service Lateral, per the plans by Huitt-Zollars; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit 'A" the plan set by Huitt-Zollars titled "Reata Park & Event Center Water Service Lateral,"dated 04/02/2013; attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Time of Commencement and Completion Contractor agrees to commence the Project within ten(10) calendar days from the date set forth in the "Notice to Proceed." The "Notice to Proceed" will not be issued until the City provides the Caltrans Encroachment permit for the work. The Contractor shall diligently prosecute the work to completion within the time allocated in section 11 below; excluding delays caused or authorized by the City. All work must be completed within 90 Calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Construction Agreement, Section 11, for failure to meet the specified completion date. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 90 days from the notice to proceed. 1 Attachment 1 Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. LIQUIDATED DAMAGES for DELAY The parties agree that if the total work called for under this Agreement, in all parts and requirements, is not completed within the time specified in Section 2 plus the allowance made for delays or extensions authorized by the City, that the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of One Thousand Dollars and No Cents ($1,000.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Agreement. Section 12. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred 3 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. 5 [SIGNATURE PAGE FOLLOWS] 7 CIT7 OF SAN JUAN API TRANO PLANS FOR CONSTRUCTION OFI-7X REATA PAS EVENT CENTER 4 AT SERVICE LATERAL � �� MATER GENERAL NOTES t INE wAIEN SIBRII K ro W INRfNlfle Br Tef CdTRL'iM. ML wAml SY51Ell NORX Stall eo1FTRe ro Irc Drys sllnoARB srtaaamNs Fm>,f LVN]eRR�ruX ff laueane wARA -dµeTtt wArER IRRUTM rADIIIIE_4n uKr PCwsrO. z. 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M dlNel BFID RCN«m Y«WN%.MIB q NlIReErT la. (y��201[w.letl NMII PNnbR MItM.I«I�S sed «OPId]A dOAllw!ewNTilOM'N"Tr IOIMAWRB 6 OFFVK 2mRS N r1E DIII£W TE ml#M1 whfaq AOAMIIIdI.MaMRR MC 9AN N M fglkY FEET.ALL dSbIDS Rll.K YALC AA 1RR dGNFATp4 NUIIER O' e'AaBY. ONeYBI AI6 w10111d Or1AND1 m OerPN A MIR drNN;eN]Par nE O.NL UMt>MLDnO SQwS NERC aoana elsrNrr n e.Ieeesrxl.enwXmen rPEIDe w PAeReI Szem _J nEl rR¢r-eaB-Aa-sl]] I I. Bare - TwB wdNMc BArs evD[wu do r.�I P.c emFl m.D --satin lacm w.I.TN Ilct am .BvM/r. �. Bdnv Irtalnd ellEcrBll e rn Ixd® P-� 9E1WC11_MARK, BASIS oF_OEnTal.�ss TITLE 84FtT an a� tuv.mr] ParB�q este W R ILA ms«B¢r K tw REATA PACK WATER SERVICE LATERAL aMEN- �F=A o Lr—cft—Y OF SAN JUAN CAPISTRANO � � tee,• - - - - - - - - - „ �11R Ywel•( (e • ,k ro �omn,o sl•1ep • • ' —-- ../ .. Yu erne -�': - - — —- — 1 i 8 11 9 ----4 2-G— 'f27----- .—. 0 —�— Ul eua wr ia:aen we• ORTEGA HWY — — — — LJ • . • `T a . • • . a M' a *�{�rx�na snswa �--��___�_ � eo-+a ^ +f --- - °°•"�' _--— — GRTEGA 130 ��_ —.�.�_ __...., � __ �x wxE ar ewrinasr r�mearo•a rcw w.w. 6— Lamm 7_ enr•L mn eYeY w•no sa,ar wme emmrsr , _ n _----- � o O �.,Y�Y.•Y,,,Y.�e�tee,,.�„ � — eete•e w••m wu we s+oeu a nw. OeeeYt euo•ar,cont atm u•r,m r� tsee•en m•ff Y.rtN wn alY„,•ren ua,ve n aeww.men. + fOf�IMC1011 aY11 1D}A[ILL 1@SmM'PLM I"i1A.•LS Mn O rYf tlaD F1.1v teM CY]M¢ena.M+9saen nurv,e C\MtS _..'-:�Y-W wm cmYacrte misnennm rcrtm¢ • ar mwe•tmA Hees Od vwae nxrU Q usru ten e•n wew+aw. ®wca a ea¢ O emu�urs u[taco won ari CONTROL PLAN •�* ew rw.mar ra rue seise . .s; . "" FEATA PANG WAT@1 ffiMCE LATERAL 4 ,a: CITY OF SAN JUAN CAPISTRANO '" BID SCHEDULE Reata Park and Event Center Water Service Lateral CIP No. 12201 Item Const. Estimated No. Item Description Note Quantity Unit Item Price TOTAL 1 1 Mobilization,Demobilization 1 LS $11,600.00 $11,600.00 1.2 insurance per sec 14 of the contract,Surety 1 LS $3,500.00 $3,500.00 Bonds per section 12 of the contract. TRAFFIC CONTROL 2 42"Channelizing Tubes 21 1 LS $11000.00 $11,000.00 3 Road Work Ahead and Warning Signs 2-3 1 LS $3500.00 $3,500.00 4 Install temorary K-Rail 28 1 LS $5500.00 $5,500.00 ROADWAY AND JACKING PITS 5 Sawcut f 14 1 LS $700.00 $700.00 6 Unclassified Excavation 14 1 LS $9000.00 $9,000.00 7 6"AC 14 19 TON $175.00 $3,258.50 8 12"AB 14 20 C $109.00 $2,180.00 9 Recompact Native 14 1 LS $2200.00 $2,200.00 DOMESTIC WATER 10 Pot Hole Utilitiy Trench and Storm Drain&use 8 1 LS $7,000.00 $7,000.00 1 1.1 8"1.D.PVC(C900-07 Class 350)Pipe and �1 119 LF $31.00 $,3,689.00 Fittings to Jacing Pit. 11.2 8"I.D.PVC(C900-07 Class 350)Pipe and 1 17 LF $145.00 $2,465.00 Fittings 12 16"Steel Cassing and Jacking 2 110 LF $502,00 $55,220.00 13 Asbestos Cement Pipe Removal 3 26 LF _ $68.00 $,1,768.00 14 8"Gate Valve 4 1 EA $1,900.00 $1,900.00 15 12"Gate Valve s 2 EA $3,300.00 $6,600.00 16 R 12"1.D. PVC(C900-07 Class 350)Pipe, 8. .� 26 rn LF f ss $258.00 $6,708.00 Fittings,and flexible transition coupling. 17 Reserved. 0 EA $0 00 18 w Thrust Block 10 1 LS $900.00 .m $;900.00 19 2"Service mete 11 1 EA $1,750.00 FS1,750.co 20 8"Waterline temporary end plug 13 1 EA $325.00 $325.00 21 Install 2"backflow preventer f5 1 EA $1921.00 $1,921 00 22 Night time work in Ortega Hwy na 1 LS $12000.00 $12,000.00 23 2-60#magnesium anodes(detail W-10)and 1 - LS $250.00 12.50.00 CP Test station per plan klit' f Misceilaneouese work called for in the ne 1 LS '$500.00 $500.00 ans or the completion of the work. essure test per Section 15042 of the na 1 LS $4500.00 $4,50000 pecifications;and Chlorinate per section 041 of the�ecifications. TO7At.B!D PRICE 1�59,334.50wri n forme r s3� 7— Z •, � '`y Exhibit B City of San Juan Capistrano NAMES AND ADDRESSES OF- VENDORS CONTACTED Vendor No. A PAULUS ENGINEERING, INC. PURCHASE REQUISITION PAU02 2871 E. CORONADO STREET ANAHEIM, CA 92806 50 94599 67101 12201 000 B Fund Dept./Div Acct Project Cost Center $202,680.00 C Funds Available Purchase Order# Delivery 32400 Paseo Adelanto Address San Juan Capistrano CA 92675 A B C FQty/UnitDescriptiotn Unit Price Total Unit Price Total Unit Price Total 1 Construct Reata Park & Event $159,934.50 $159,934.50 $ - Center Water Service Lateral Contact: Eric Bauman ext. 4312 Subtotal $ 159,934.50 $ 0.00 $ 0.00 Sales Tax $ 0.00 $ $ Shipping $ 0.00 $ $ Total $ 159,934.50 $ 0.00 $ 0.00 Submitte, e: Depa ' e H ate: Approved by: Date: i I Performance North American Specialty Insurance Company Bond I Bond No. 2168260 KNOW ALL MEN BY THESE PRESENTS: Premium: $2 , 303 i That Paulus Engineering, Inc . @ 2871 E. Coronado Street, Anaheim, CA 92806 .. ..._r_;.�tnser�-�iaareaod�address�or:tega!lifle,,ntcontractor) 'as'Principal;-hereinafterFcaltedGontractor;and.'North':American.-Sp'ecialty<Insurance•,C�ompany;:aNew-Hempshire . Corporati.omas Surety, hereinafter called Surety, are held and firmly bound.unto .The City of San Juan Capistrano @ 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (Insert name and address,or legal title,of owner) ( as Obligee; hereinafter called.Owrter.;in•the,amou,n#of one .hundred fifty-nine thousand nine hundred thirty-five and 50/100 ' s .,.,.Dollars($ 159, 935.50 ) for. -payment-whereof:Contractor and Surety bind themselves,' their hers execdtor-s,�, iministrb tors;`. successors and assigns,jointly and severally,-firmly.by these presents. r.3l1fHEREAS Cantractofi has by.-.written agreement.dated 2013 entered into a.:Contractrwlth,Ownerfor San Juan Creek Road Utilities Extension - C. I . P. No. 11202 in.accordance with:drawings;and specifications prepared,by,Huitt-Z 1 ars I (Insert full name and title) which Contractls�by reference:made/apart herersf;>:and is hereinafter rEferred.#o as the:C.ontcact: `NOW,4THEREF.ORE,.'-THE "CONDITION��OF THIS-OBLIGATION:iso h That it Gontractore hall .promptly and -Ifaitbffolly'performrsaid-c6ntract,�,than this-ob1matin'n shall�-be"nutf 6nd.tt ofd,,,other.isetiitz 'hbllirema hi in fu11l rce-and effect. --Whenever-Contractor shall;,be;=::and-declared'by Owner•�to*#a:'.in defaOlf,under:<the`contract; the Owner having perfoaned..Owner.'srobligation'thereunder; the Surety..maypramptlyremedy he;defauit;;or hall::prornptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract ptice,' as used in .this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor ceases work on the Contract. No right of action shall accrue on this bond to or for the use of any person-or corporation other than the Owner named herein or the heirs, executors,administrators or successors of Owner. Signed this 10th day of June 20 13 — Paulus Engin eri Inc . (Principal) (Seal) _... ...... _ (Title) rN ;Xm e i n Sp tt suranc Company _ B Richard A. Coon (Attorney-in-Fact) BND 143 REV(05195) - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Oranjae } On 06/10/2013 before me,_ Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 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. WITN S my hand and official seal. � '. 0Pv I NIA J. VALEtdCIA : i Commission � 1952790 t Notary Public -Gatitornia z Orange County signator of public (Notary seal) My Comm.Ex fires Oct 15,2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /Title Pres/Sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 6/10/13 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the LEXIE SHERWOOD person(s), or the entity upon behalf of which the person(s) COMM.0 1856389 acted, executed the instrument. NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of Comm.Exp,JULY 27,2013 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above . Y4�_" Signature of ary 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact Mr ❑ Attorney in Fact El Trustee • SIG ❑ Trustee • 101 ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \\\'1�\iAU7VI /fi .pmt Wq�� \\t ///O m mwatn �yQGOyiPOq','jj'�SG By _.._.__... .`do 2��GD�R dRgysG4 _—i SEAL of Steven P.Anderson,Senior Vice President of Washington International Insurance Company r SEAL s_Px �i W'Z 1973 W q^ &Senior Vice President of North American Specialty Insurance Company Oj m itAMP3 kON David M.Layman,Vice President of Washington International Insurance Companyr� � ��°� &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 2012 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. f 1 DONNA D.SKLENS Notary Public,State of Illinois Donna D.Sklens,Notary Public My Commission Expires 10/06/2015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 10th day of June 20 13 . Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company Labor and Bond #2168260 Material Payment North American Specialty Insurance Company Bond Premium: Included in Performance Bond NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That Paulus Engineering, Inc . @ 2871 E. Coronado Street, Anaheim,. CA 92806 (Here insert he name and address,or legal!Vile,of the contractor) as Principal, hereinafter called Principal,and North American Specialty Insurance Company,a New Hampshire Corporation,as Surety, hereinafter called Surety,are held and firmly bound unto The City of San Juan Capistrano @ 32400 Paseo (Here insert the name and address,or legal title,of the owner) Adelanto, San Juan Capistrano, CA 92675 as Obiigee, hereinafter called Owner,for the use and benefit of claimants as herein Wow defined,in the amount of one hundred fifty-nine thousand nine hundred thirty-five and 501100 ' s Dollars($ 159, 935 . 50 _),for the payment-whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2013 entered into a Contract with Owner for San Juan Creek Road Utilities Extension - C. I .P. No. 11202 In accordance with drawings and specifications prepared by Huitt-Zollars (Here insert full name and title) which contract is by reference made a part hereof,and is hereafter referred to as the Contract. r. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is that If the Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise It shall remain in full force and effect,subject however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with the sub-contractor of the Principal for labor, -material, or both,used or reasonably required for use In the performance,of the Contract,labor and material being construed to include that part of water,gas, power, light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the contract. 2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the last of such claimant's work or labor was done or performed, or materials were fumished by such claimant,may sue on this bond for the use of such claimant In the name of the Owner,prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon,provided, however, that the owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suitor action shall be commenced hereunder by any claimant a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named,within ninety(90)days after such claimant did or performed the lastofthe work or labor,or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by'registered mail;postage prepaid,In an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one(1)year following the date on which Claimant ceased work on said Contract. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof,is situated,or in the United States District Court for the-district in which the project,or any part thereof,is situated,and not elsewhere. 4.. The amount of this-bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed or record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. Signed this 10 th day of June -A.D.2013 Paulus Enginee g, Inc. (Principal) (Seal) By: (Title) Notq'A we can Specialty drance Company 6 BV Z� Richard A. Coon (Attorney-in-Fact) 3ND 144 REV(05/95) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/10/2013 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulin 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 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. WITN S my hand and official seal. ""C W nJ VALENCIA Commission # 1952790 Z Notary Public-California > _' Orange County M Comm.Expires Oct 15.2015 Signature of N ry Publi (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /Title Pres/Sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Infonnation CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 6/10/13 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), _ and that by his/her/their signature(s) on the instrument the LEXIE S RWOOp person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM.#1856389 NOTARY PUBLIC;•CALIFORNIA I certify under PENALTY OF PERJURY under the laws of ORANGE COUNTY Comm.Exp.JULY 27,2013 the State of California that the foregoing paragraph is true and correct. Witness my hand and Official seal. Signature_ Place Notary Seal Above Signature o oto y 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee 770 ❑ Trustee • ❑ Guardian or Conservator ❑ Guardian or Conservator Top of thumb here ❑ Other: Other: Signer Is Representing: Signer Is Representing: V2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 90'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." A`pN111f11111///J/// ttoaruuuarnrn k\yQ ¢PD1 G/moi 00"g oAt/n.S"'ec, By �Q SEAL :o E Steven P.Anderson,Senior Vice President of Washington International Insurance Company `r SEAL :fy z• =µt'.2 1973 -W &Senior Vice President of North American Specialty Insurance Company ff Oi �m� ////Nlllnlll1�1j11 By �� z�am raattruto6� � David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June 12012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 201 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. n =Nio " V5 e of Illinois Donna D.Sklens,Notary Public ines 10/05/2015 I, Jeffrey Goldberg he duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 10th day of June 20 13 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington Intemanonal Insurance Company&North American Specialty Insurance Company EXECUTED IN TWO COUNTERPARTS BOND X62168257 PREMIUM: $2,303 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That PAULUS ENGINEERING, INC. as Contractor, And NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner," In the sum of: ONE HUNDRED FIFTY—NINE THOUSAND NINE HUNDRED THIRTY—FOUR 6 50/100'S ($159,934.50) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Reata Park& Event Center Water Service Lateral NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 26TH day of APRIL 120 13 NORTH AMERICAN Contractor PAULW ENGINEERING, INC. Surety !iKCIALTY INSURANfA COMPANY By f By CHARLES--L. FLAKE TitleTitle ATTORNEY—IN—FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PERFORMANCE BOND 06U-610bondwpd AGREEMENT AND BONDS - PAGE 4 Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 4-26-13 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 JAN C. MORAN which the person(s) acted, executed the instrument. COMM.#1967021 R COD NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws � � y Comm.Exp.FEB. 17,2016 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C, )� Place Notary Seal Above Signature of Notary Public OPTIONALJ C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited [I General LX Attorney in Fact ❑Attorney in Fact • El Trustee Top or thumb Here El Trustee Top or thumb Wore ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.Nationa]Notary.org Item#5907 Reorder:Call Toll-Free 1.800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9h of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." µaxiauan„ruy,4 y.GpPPOgfT•.G ad8� ONAt By 0.P0""YS Steven P.Anderson,Senior Vice President of Washington International Insurance Company 2? s51A1_ W'.Z 1873 •rn= &Senior Vice President of North American Specialty Insurance Company �: m riirn011* By y *..•�� David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 2012 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. DONNA D.SKLENS Notary Public,State of Illinois Donna D.Sklens,Notary Public My Commission Ex ires 10!06!2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of April 20 13 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 04/26/2013 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 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. WITN S my hand and official seal. CYNTHIA J. VALENCIA Commission # 1952790 z a"•�� Notary Public -California z Z P` Orange County My Comm.Expires Oct 15. 2015 �� Signa a of tary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /TitleJPres/sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information EXECUTED IN TWO COUNTERPARTS BOND # 2168257 PREMIUM INCLUDED IN PAYMENT BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity,organized and existing in the County of Orange, State of California, hereinafter called the "Owner," in the sum of: ONE HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED THIRTY-FOUR & 50/1001S ** dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. ** ($159,934.50) WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Reata Park & Event Center Water Service Lateral NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors,administrators, successors,or assigns shall fail to pay for any materials, provisions, provender, equipment, 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 amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons,companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon,for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons 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. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 26TH day of APRIL 2013 NO TH AMERICAN Contractor PAULU ENGINEERING, INC._ Surety EGA INSURANCE/Z6 ANY By V, By r,�D� CHARLES L. AKE Title -e✓l�y'Mr Title ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-620 PAYMENT BOND 0bond.wpd Nov 2001 AGREEMENT AND BONDS - PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 4-26-13 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signers) 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 JAN C. MORAN instrument the person(s), or the entity upon behalf of COMM.#1567021 which the person(s) acted, executed the instrument. ® NOTARY PUBLIC•CALIFORNIA n ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws Comm.Exp.FEB. 17,2016 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t r�rtG / Place Notary Seal Above Signature Signature of Notary Public OPTIONAL J C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General C7- Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O Box 2402-Chatsworth,CA 91313-2402•www.NationafNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9h of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." II,\0 \WT // "wuwtueauyty C' E Steven P.Anderson,Senior Vice President of Washington International Insurance Company Vic~' 2i SEAL &Senior Vice President ofNorth American Specialty Insurance Company �• tm By David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th June day of 2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 2012 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. f "OFFICIAL SEAL" L q�p !�/_ �n 0 DONNA D.SKLENS Notary Public,State of Illinois Donna D.Sklens,Notary Public My Commission Ex ires 10/05/2015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of April ,20 13 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 04/26/2013 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 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. CYNTHIA J.6'6' . VALENCIA Commission# 1952790 Notary Public -California z Orange County D Signa re of Wtary Public (Notary Seal) My Comm.Expires Oct 15,2015 y ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /Title Pres/Sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional hiformation EXECUTED IN TWO COUNTERPARTS BOND # 2168257 PREMIUM: $2,303 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That PAULUS ENGINEERING, INC. as Contractor, And NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner," in the sum of: ONE HUNDRED FIFTY—NINE THOUSAND NINE HUNDRED THIRTY—FOUR & 5011001S ($159,934.50) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Reata Park& Event Center Water Service Lateral NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALE , this 26TH day of APRIL 120 13 NORTH AMERICAN Contractor PAULU N,GINEERING, INC. Surety SP CI INSURA COMPANY By By . CHARLES AKE Title /�S tr��n Title ATTORNEY—IN—FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PERFORMANCE BOND x160-610bond.wpd AGREEMENT AND BONDS - PAGE 4 Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 4-26-13 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the JAN C. MORAN instrument the person(s), or the entity upon behalf of COMM.#1967021 3 which the person(s) acted, executed the instrument. NOTARY PUBLIC•CALIFORNIA n ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws Comm.Exp.FEB. 17,2016 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal AboveSignature of Notary Public OPTtONVAL J C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General _ LX Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑.Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 96'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." pU17Y1//iij// aaxoaw 4 / r By C, Rqr.a Z= ?;' F Steven P.Anderson,Senior Vice President of Washington International Insurance Company $EA(. 2; S�yt':L 1973 «ri tmj,� &Senior Vice President of North American Specialty Insurance Company rnr,� �innnJill By David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th June day of 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 2012 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. [NTotary FRC(AL SEAL"~ NNA D.SKLENS Public,State of M nois Donna D.Sklens,Notary Public Commission Expires 10/06/2015 I, Jeffrey Goldberg=the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of April 20 13 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 04/26/2013 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNf SS my hand and official seal. CYNTHIA J. VALENCIA a ' Commission# 1952790 Notary Public.California z Orange County My Comm.Expires Oct 15,2015.. Signature o otary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /Title-Pres/See Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information EXECUTED IN TWO COUNTERPARTS BOND # 2168257 PREMIUM INCLUDED IN PAYMENT BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity,organized and existing in the County of Orange, State of California, hereinafter called the "Owner," in the sum of: ONE HUNDRED FIFTY—NINE THOUSAND NINE HUNDRED THIRTY—FOUR & 5011001S ** dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. ** ($159,934.50) WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Reata Park& Event Center Water Service Lateral NOW THEREFORE,if said Contractor, its subcontractors, its heirs,executors,administrators,successors,or assigns shall fail to pay for any materials, provisions, provender, equipment, 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 amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons,companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon,for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons 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. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 26TH day of APRIL 2013 NORTH AMERICAN Contractor PAUIA ENGINEERING, INC. Surety EC QTY INSURANC COMPANY By By rx CHARLES L. YLAKE Title Title ATTORNEY—IN—FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-620xl7PAYMENT BOND Nov2001 20bond.wpd AGREEMENT AND BONDS - PAGE 5 Nov 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 4-26-13 before me, Jan C. Moran, Notary Public Date _ Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 JAN C. MORAN which the person(s) acted, executed the instrument. v - COMM.#1967021 3 NOTARY PUBLIC•CALIFORNIA n ORANGE coutirr I certify under PENALTY OF PERJURY under the laws Comm.Exp.FEB. 17,2016 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official steal. Signature �,- ""'�"'" Place Notary Seal Above Signature of Notary Public OPTIONAL J C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ [?� Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,RO.Box 2402•Chatsworth,CA 9131&2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1.800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE CONIPANY WASHINGTON INTERNATIONAL INSURANCE CONWANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9t'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ``�\�G`IIALI7Y j qUi�� d\ouiaporUauunn ��Q�,..........A(p 4 a�prt10NAZ qii% 5 GpAPOq,4T�;G,o%', B ..__. pFOs,�p'ry z. SEAL iZ0= Steven P.Anderson,Senior Vice President of Washington International Insurance Company Z;' SEALT,.`5 I 2' .n g 1973 Qtu,OM1 &Senior Vice President of North American Specialty Insurance Company O R,s By_ David M.Layman,Vice President of Washington International Insurance Company raam*lino ge &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 2012 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL"_ DONNA D.SKLENS Notary Public,State of Illinois Donna D.Sklens,Notary Public My Commission Expires 10/((/2015 1, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of April 20 13 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 04/26/2013 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 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. WITN S my hand and official seal. CYNTHIA J. VALENCIA \ Commission # 1952790 Z:i;, Notary Public-Calitornia z (4Z Orange County a My Comm. Signature of No ry Pub' (Notary Seal E 15, 2015 Expires Oct ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /Title Pres/Sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information ugly CITE' OF SAN JUAN CAPISTRANO DOCUMENT TRANSMITTAL FORM J i�uiac ` 1961cF1� - 177fi This form is for the transmittal of documents for signature. •��41FOW, (e.g. Agreements, Contracts, Deeds,Easements) Date: Ji LJ is 24, 2P13 Agenda Item No. (if Applicable): City Council, SJCHA or SACRA Meeting Date(if applicable): Brief description of document and/or services provided: lid for ePC�d�- u a DnAt nee-ri nri ins tf-tete"kea�Pa kk Event Cenkr N P_rvice w-ic u. ,/ Submitting Department: wi l@ f1� Staff Contact: J y 0 r) Kl r� . Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below).When the document is fully executed,the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Step 1 ❑Purchasing—For Procurement Contracts/Agreements (if applicable) F , � 000 or less—(Department Head's Authority—No Purchase Order Required—STOP—further routing not necessary) =$3001 -$10,000—(Department Head's Authority) ,001 -$45,000—(City Manager'sAuthority) ,001 or over—(City CouncilApproval Required*)*Date ofCouncil Approval: or Resolution.No.: lic Contracts$( 000 or less—(City Manager's Authority Required) lic ontracts over$45,000—(City Council's Authority Required*)*Date of Council Approval: or outn.No.: Step 2 ❑ Department Head Step 4 ❑Finance Approved =Funding Available Not Approved No Funding Available = Not Applicable =Budget Amendment Required Director's Initials/Date __ Notes: Finance Initials/Date Step 3 ❑ City Attorney . a Step 5 ❑Czty Manager Approved 0 Not Approved =Approved u Not Applicable =Denied City Attorney's Initials/Date I City Manager's Initial's/Date: Step 6 ❑ Insurance Requirements(if applicable) *Mark the requirements included in the attached document. r =Commercial/General Liability =Additional Insured Endorsement =Auto Liability =Worker's Compensation =Professional/Errors and Omissions =Not Applicable =Public Works Contracts—Labor/Material&Performance Bonds Step 7 X City Clerk(For Final Routing) =Approval Process Completed—Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. =Denied—Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's initial's/Date: Page l of 2 1. Contractor/Consultant Name: PaLLI 1S Nioccri m , Ine, 2. Business License*: ❑ Yes ❑No License Number: Date of Expiration *If work is performed in the City, a Business License is required. 3. Contract Amount: $ ( 3jj•50 4. Budget Account Number: c5Q-gL4,5 "1v-710l- 12201-600 5. City Services and Facilities to be provided(If Applicable): 6. Is this a standard City contract? [g Yes ❑No If no, explain: 7. Are two original contracts submitted? 21 Yes ❑No If no, explain: 8. Contract Date: Expiration Date: 9. Insurance Certificate (if applicable) attached: ® Yes ❑No If no, explain: 10. Purchase (if applicable) Requisition attached: [5 Yes ❑No If no, explain: 11. Bid Recap (f applicable) attached: ❑ Yes [ No If no, explain: A�P rDv� b Ct C'OU✓b(-Ze,� evt ,eporF-- 12. W-9 Form (f applicable) attached: Yes ❑No If no, explain: 13. New Vendor Application Form (f applicable) attached: ❑ Yes WNo If no, explain: 14. Does this document need to be recorded? ❑ Yes No If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of 2 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /ij, (949)493.1171 SAM ALLEVATO IR(RRPRRRTER (949)493-1053 FAx ROY L.BYRNES,M.D. JC • f9RRLISNER I �9s1 www sanjuncapistrano.og LARRY KRAMER i • DEREK REEVE JOHN TAYLOR TRANSMITTAL TO: Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 DATE: July 1, 2013 FROM: Manny Ruelas, Office Assistant (949) 443-6308 RE: Personal Services Agreement — Construct the Reata Park & Event Center Water Service Lateral. Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Manny Ruelas, Office Assistant at (949) 443-6308. If you have questions concerning the agreement, please contact Justin Kirk, Senior Management Analyst at (949) 443-6381. Enclosed is a copy for your records. Cc: Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future CJ Printed on 100%recycled paper