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HomeMy WebLinkAboutContracts & Agreements_213-2017 S f Y[ PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 3 d day of October, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and MCC Pipeline, Incorporated (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party"and,together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows 1 SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following CRAFTON AVENUE (MADEIRA TO ANZIO) WATER PIPELINE REPLACEMENT PROTECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's CRAFTON AVENUE (MADEIRA TO ANZIO) WATER PIPELINE REPLACEMENT PROJECT,Project No. 71284. 2 THE CONTRACT SUM City shall pay Contractor the sum of$152,591 36 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within 30 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS This Contract includes all of the Contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD I r 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY. Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor CD 2 dd IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) By Mayor, City of Redlands, County of San Bernardino, California ATTEST: L>"O-e ,ate Clerk,City of Redlands ounty of San Bernardino, California (SEAL) C C Name of Contractor By Signatur of Authorized Agent D 4CC Title Signature of Authorized Agent(if necessary) Title Contractor's License No CD 3 4 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities&Engineering Department CRAFTON AVENUE {MADEIRA TO ANZIO) WATER PIPELINE REPLACEMENT PROJECT, Project No 71284 Labor Code, Section 3700,provides,in part that "Every employer except the State shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 186 1) Dated this 9--1 day of S eY+Cy 1 c2017 ne, 1 n C- (Co tractor (Signature) � 41� Pr (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract) CD 4 DATE(MMIDDIYYYYI A�D® CERTIFICATE OF LIABILITY INSURANCE 1 10/212017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER COM ass Direct Insurance Services, Inc I NAMEA°T Jeremy Seltzer 13681 Newport Ave Ste 8#622 I PHONE FAX Tustin, CA 92780 N111110 Ext) 714 665 9800 I IAlC No) 714 665 980 ADDRESS leremv@Cd1Sl com { INSURER(S)AFFORDING COVERAGE NAIC# www cdisi com License#OH16100 INSURER A State Compensation Insurance Fund 35076 INSURED INSURER B. MCC Pipeline, Inc 33562 Yucalpa Blvd, #4 325 INSURER c Yucaipa CA 92399 INSURER INSURER E. INSURER F COVERAGES CERTIFICATE NUMBER. 38157086 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR IVSD WVD POLICYNUMBER 1MMIDDIYYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY ]] EACH OCCURRENCE $ AMAGERENTED CLAIMS-MADE 7 OCCUR PREM SESO(Ea occur encs) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY❑jE O 7] LOC PRODUCTS COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ _ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIARH OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE I AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION 9114662 16 10/7/2016 10!712017 �/ I PER I I ETH AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN I E.1, EACHACCIDENT $ 1 000 OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) E.L DISEASE EA EMPLOYEE $ 1,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT $ 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) CRAFTON AVENUE(MADEIRA TO ANZIO)WATER PIPELINE REPLACEMENT PROJECT Project No 71284 Certificate Is Issued as Information only with respects to the coverage limits of the named insured CERTIFICATE HOLDER CANCELLATION City of Redlands SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF Municipal Utilities & Engineering Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 35 Cajon Street, & Engite A p ACCORDANCE WITH THE POLICY PROVISIONS Redlands CA 92373 AUTHORIZED REPRESENTATIVE 1 Jeremy Seltzer ©1988-2015 ACORD CORPORATION All rights reser) ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 38157086 1 16117 WC I H-na Laatenschlagec 1 10/2/2017 9 42 ° Ant (PDT) I Page 1 of 2 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION REP D3 911466214 NEW ION FUNNA ■ PAGE 1 DOME OFFICE SAN FRANCISCO 70/7/2016 10/7/2017 ALL EFFECTIVE DATES ARE AT 12 01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME MCC Pipeline Inc 33562 Yucaipa Blvd,#4 325 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING. IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND NAIVES ANY RIGHT OF SUBROGATION AGAINST, City of Redlands WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, MCC Pipeline,Inc IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03% NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDiTiONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT COUNTERSIGNED AND ISSUED AT SAN FRANCISCO MAY 26, 2015 2570 3835'7686 1 16/17 -Yc 1 uina Intµ 'ff1C717.�fl�QC'D��2'� 0.PT'' �1lL''M (PDT) 3 Page 2 at 2 ❑ncencnrr nein rcn BOND NUMBER 02407460$ zg 9XECUTED IN DUPLICATE PREMIUM• $2,I97 00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and MCC Pipeline, Incorporated (hereinafter designated as "Principal") have entered into an agreement dated October 3, 2017 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as CRAFTON AVENUE (MADEIRA TO ANZIO) WATER PIPELINE REPLACEMENT PROJECT, Project No 71284 and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to famish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Fifty Two Thousand, Five Hundred Ninety One Dollars and Thirty Six Cents ($152,591 36) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal sball be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option 1 Complete the Agreement in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work CD 5 progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on SEPTEMBER 27, , 2017 (SEAL) (SEAL) MCC PIPELINE INCORPORATED THE OHIY CASUALTY PSURANCE COMPANY �aCtOr)� r ) J B i (Signature) MICHAEL D. TONG (S ature) ATTOi2_00 YIN-FACT AddreS 790 THE CITY DR. S. (Seal and Notarial Acknowledgement of Surety) ORANGE, CA 92868 Telephone (714 ) 634-3311 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL. CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of Riverside ) On '7// 97//_7 before me, R Naomi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(la) is/aloe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie.,),and that by his/her/their signature(t)on the instrument the person(A), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct �-- R HAPPI WITNESS my hand and official seal .. COMM #2115202 +� NOTARY RIVERSIDE CALIFORNIA ? /J� RIVER5IUECWNTY �(/ { My Comm Exp June T,2420 Signature 1 �rgnNotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 ❑Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing �:�ii>�'�;c:4�<''.`�h:vC+ce:<=C4��l+�ci'=ai�JVc:��'G�.ti�-C.vG J�•C4e.14.�4�,yc%cc'E,vC4c.ti��.ti�C:chi�4'r��W�—e%c:�1+`�i�..cv..c-�.u,�'�;4�;C•c�J:�4= 02014 National Notary Association •www National Notary org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 -a4':c4'i•�Sas%:acbt`+w wS6+sf�FiAfl�D .�iEY . �':. �, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validrty of that document State of California } County of SAN BERNARDINO )YASHESH C PATEL, NOTARY PUBLIC Ona& 2017 before me, Date Here Insert Name and Title of the Officer personally appeared llNCOUT A911NO Z Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is/a7 subscribed to the within instrume t and acknowledged to me that he/ h executed the same i his/he~r authorized capacity(i },and that his it signature(�on the instrument the person, or the entity upon behalf of whichthe person( acted, executed the in:`trument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct ' YASIIESH C PATEL WITNESS my hand seal r Commission-�2086258 rotary Public. Gilifornia z San Bei rrardirio County Signature M Comm Expires Oct 76,201 Q Signa m of Notary Public Place Notary Seal Above OPTIONAL Though this section its optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name Signer's Name• ❑Corporate Officer — Title(s). ❑Corporate Officer — Title(s) ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other- ' Signer Is Representing Signer Is Representing. 02014 National Notary Association • www NationalNotary org • 1-800-US NOTARY(1800-876-61327) Item#I5807 EXECUTED IN DUPLICATE BOND NUMBER 024074608 PREMIUM INCLUDED IN PERFORMANCE BONE LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and MCC Pipeline, Incorporated (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated October 3, 2017, and identified as CRAFTON AVENUE (MADEIRA TO ANZIO) WATER PIPELINE REPLACEMENT PROJECT, Project No. 71284 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Fifty Two Thousand, Five Hundred Ninety One Dollars and Thirty Six Cents ($152,59136) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition CD 7 In witness whereof, this instrument has been duly executed by the Principal and surety above named, on SEPTEMBER 27, , 2017 (SEAL) (SEAL) MCC PIPELINE, INCORPORATED THE OHP CASUALTY AN A SURETY COMPANY r BY .� (Signature) MICHAEL D. TONG ((Signa e) ATTORNEY-IN ACT Address90 THE CITY DR S. STE 200 (Seal and Notarial Acknowledgement of Surety) ORANGE CA 92858 Telephone ( 714 ) 634-3311 CD 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 &I�11UA_1110 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document State of California ) County of Riverside ) On 010'17/1-7 before me, R NaoDi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D STONG Name(s) of Srgner(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(so is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iM),and that by his/hzr/their signature(t)on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct VL MAW WITNESS my hand and official seal Comm #2152662 cn NOIAAYTOBLICCAUNTY COUIY �iy Comm �P 3une1242 � Signature Srgnat f Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document- Document Date Number of Pages Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name Signer's Name ❑Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing 02014 National Notary Association •www NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item#5907 THIV POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 7273943 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company Is a corporation duly organized under the laws of the State of Indiana(herein collectively called the Companies") pursuant to and by authority herein set forth,does hereby name,constitute and appoint Jeremy Penderqast,Michael D Stonq,Rosemary Nappi all of the city of Riverside state of CA each individually If there be more than one named its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings bonds recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis 1st day of March 2016 DCASG 4�r MS American Fire-and Casualty Company The Ohio Casualty Insurance Company 1 sob o 0 1919 191 z ° a 1991 Liberty Mutual Insurance Company x a West menton Insurance Company Gt * * By (a STATE OF PENNSYLVANIA ss David M CareKAssistant Secretary COUNTY OF MONTGOMERY dch On this 1St day of March 2016 before me personally appeared David M Carey, who acknowledged himse3f to be the Assistant Secretary of American Fire and to Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company,and West American Insurance Company and that he as such being authorized so to do, O 2 execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer 4� IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and yearfirst above written 5P PAs;,. COMMONWEALTH OF PENNSYLVANIA FCC Notarfal Seal CN ��4 �° v Teresa Pastella Notary Public By Oqt of Plymouth Twp. Montgomery County Teresa Pastella Notary Public L My Commission Expires March 28 2017 rQ Member Peripsylvanra Association of Notaries C4; This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance Company Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows 0 L ARTICLE IV—OFFICERS—Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject a; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in fact,as may be necessary to act In behalf of the Corporation 10 make,execute,seal, O >= acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys-In fact subject to the limitations set forth in their respective E y" powers of attorney shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so `p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney in-fact under ,0 the provisions of this article may be revoked at any time by the Board the Chairman,the President or by the officer or officers granting such power or authority M r ARTICLE XIII—Execution of Contracts—SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, > ` and subject to such limitations as the chairman or the president may prescribe shall appoint such attelneys-in fact,as may be necessary to act In behalf of the Company to make execute 0seal,acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys-in fact subject to the limitations set forth In their respective powers of attorney shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey,Assistant Secretary to appoint such attorneys-In fact as may be necessary to act on behalf of the Company to make,execute,seal acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed I Gregory W.Davenport the undersigned Assistant Secretary,of American.Fire and Casualty Company,The Ohio Casualty Insurance Company Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full,true and correct copy of the Power of Attorney executed by said Companies Is in full force and effect and has not been revoked IN TESTIMONY WHEREOF 1 have hereunto set my hand and affixed the seals of said Companies this day of '20 17 �NDCAg` `GI INS& �,1tS5U,q tyiNSl1R a 1906 p o 1919 n 1912 ° a 1991 By a�hb�a��r" �aa ��y���anes �aaa °i"ssnanr NonxP Gregory W Davenport,Assistant Secretary 296 of 500 LMS 12873 122013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) Countyof SAN BErRNARDINO �ASHESH C PATEL, NOTARY PUBLIC On (JCTO&P-9) dd(7 before me, Date , / Here Insert Name and 7-rfle of the Officer personally appeared V I AI COW- M( IV O Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person ) whose name( is/airy subscribed to the within instrument and acknowledged to me that he, y executed the same i his�r authorized capacity(igEs),and that by hisAw0heir signature on the instrument the person} or the entity upon behalf of whici the person() acted, executed the iii trument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph . is true and correct p. YASHESH C PATEL °�`"3 Comnniwsion ,.�2486258 WITNESS my hand tai seal. Notary Pune California z �r Sar Urnarctino County Rey Comm Expires O( 16 2018 Signatur _ Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document- Document Date Number of Pages Signer(s) Other Than Named Above Capacsty(ies) Claimed by Signer(s) Signer's Name, Signer's blame ❑Corporate Officer — Trtle(s) ❑Corporate Officer— Title(s). ❑ Partner — ❑Limited ❑General ❑Partner -- ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other. -- Signer Is Representing, Signer Is Representing ©2014 National Notary Association- www National Notary org - 1-800-US NOTARY(1 800 876-6827) Item#6907 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD)YYYY) �.� I 10/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain pollctes may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER CONTACT JohnBaccarella Baccarella Insurance Services Inc NAME. — 6864 Indiana Ave #201 PHONE Ha. Ext) (877)687-6987 FAX Nc).(877) 373-5608 E-M.A DRESS Riverside CA 92506 john@baclns.com - - _ INSURER(5)AFFORDING COVERAGE _ _ _ NAIC# INSURER A.CaFfornia Automobile Insurance Co 38342 INSURED INSURER B.Landmark American Insurance Company _ 33138 MCC Pipeline, Inc INSURERc.StarStone National Insurance Co '25496 33562 Yucaipa Blvd #4-325 INSURER D. Yucaipa CA 92399 INSURER E. INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR COND71ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP ITR TYPE OF INSURANCE iucn earn POLICY NUMBER rMM1DDIYYYY) lM MIDOIYYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY LHA139279 02119120170211912018 EACH OCCURRENCE $ 1 000000 DAMAGE TO RENTED `5 _ CLAIMS-MADE X OCCUR _PREMISES(Ea acaxrenc" 5,000 X $5000 Deductible MED EXP LAnyore person) $ 5,000 Each Occurrance PERSONAL&AOV INJURY $ 1 000 000 GENT AGGREGATE LIMIT APPLIES PER _GENERAL AGGREGATE _$ 2,000,000 POLICY . X PEO LDC PRODUCTS COMPIOPAGG $ 2,000,000 OTHER -5 ---._---- A AUTOMOBILE LIABILITY BA040000032393 021241201702/2412018_E° �D�SINGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY IPer person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - NON-OWNED PROPERTY DAMAGE _X HIRED AUTOS - X AUTOS _(P_a[acadeail $ C UMBRELLA LIAB X OCCUR 88507R171ALI 021191201702119/2018 EACHOCCURRENCE $ _ 5,000,00_0 _ X EXCESS.LIAB CLAINIS-MADE AGGREGATE $ 5,000,000 Dip RETENTIONS 0 Prod/CoOpsAggregate s 5,000,000 WORKERS COMPENSATION PER OTH AND EMPLOYERS LIABILITYYIN STATUTE _._FIR . ANY PROPRIETOR/PARTNEPoEXECUTNE F E L EACH ACCIDENT OFFICER�MEMBER EXCLUDED' N!A ------ - - -- ---- - -- - -- (Mandatory In NH) E L DISEASE EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS nelnw E L DISEASE POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 Additional Remarks Schefte may be attached if more space is required) Re CRAFTON AVENUE(MADEIRA TO ANZIO)WATER PIPELINE REPLACEMENT PROJECT, Project No 71284--Certificate Holder is hereby named as Additional Insured as their interest may appear, per blanket Al form#RSG1501 0615 Waiver applies to GL perform#RSG14048 1008 All forms attached Separate WC Certto follow CERTIFICATE HOLDER CANCELLATION Ai 01285 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Redlands THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Municipal Utilities 8r Engineering Department ACCORDANCE WITH THE POLICY PROVISIONS. 35 Cajon Street, Suite 15A Redlands, CA 92373_ AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION All rights reserved LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy Please Read It Carefully ADDITIONAL INSURED BLANKET - YOUR WORK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit to provide insurance such as is afforded by this policy SECTION II WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage or 'personal and advertising injury' caused in whole or in part, by 1 Your acts or omissions or 2 The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, and/or your work" defined for the additional insured(s) designated above included in the "products completed operations hazard' This endorsement effective 2/19/2017 forms part of Policy Number LHA139279 issued to MCC PIPELINE INC by Landmark American Insurance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office Inc 1984 with its permission LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy Please Read If Carefully WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization Any Person or Organization As Required By Written Contract The following is added to SECTION IV -- CONDITIONS, 8 TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or"your work" done under a written contract with that person or organization and included in the "product-completed operations hazard This waiver applies only to the person or organization shown in the SCHEDULE above This endorsement effective 2/19/2017 forms part of Policy Number LHA139279 issued to MCC PIPELINE, INC by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office Inc 1992 with its permission