Loading...
HomeMy WebLinkAboutContracts & Agreements_235-2017 `.r PUBLIC WORKS CONSTRUCTION CONTRACT C This Public Works Construction contract ("Contract") made and entered into this 7th day of November, 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 RB Development (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 RUNWAY 8-26 LIGHTING AND SIGNAGE IMPROVEMENTS PROJECT - PHASE II, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's RUNWAY 8-26 LIGHTING AND SIGNAGE IMPROVEMENTS PROJECT - PHASE II,AIP No. 3-06-0195-016-2017. 2. THE CONTRACT SUM- City shall pay Contractor the sum of$129 975 00 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 under Base Bid shall be completed within 61 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City Work under Bid Additive "A" shall be completed within 28 calendar days from completion of Base Bid Work under Bid Additive "B" shall be completed within 14 calendar days from completion of Bid Alternate No 1 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$1000 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 $1,000 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 Parry in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees I I\ca\djm\Agreements\RB Development Airport Light and Sign Prod Ph 11(2).docx for use of in-house counsel by a Party 7. COMPLIANCE WITH REGULATIONS• The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract 8. NON-DISCRIMINATION The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin Such action shall include, but not be limited to the following employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause 9. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin 10 INFORMATION AND REPORTS The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders 11 SANCTIONS FOR NONCOMPLIANCE In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law 2 1\ca\djm\Agreements\R8 Development Airport Light and Sign Prod Ph 11(2).docx 12. INCORPORATION OF PROVISIONS The contractor will include the provisions of paragraphs (7) through (12) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11245 of September 24, 1965, so that such provisions will be banding upon each subcontractor or vendor The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States 13 BREACH OF CONTRACT Any violation or breach of terms of this contract on the part of the Contractor or its Subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement The City will provide Contractor written nonce that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract The City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the contract The City's notice will identify a specific date by which the Contractor must correct the breach The City may proceed with termination of the contract if the Contractor fails to correct the breach by deadline indicated in the City's notice The duties and obligations imposed by the Contract Documents and the right and remedies available thereunder are in addition to, and not a Iimitation of, any duties, obligations, rights and remedies otherwise imposed or available by law 14. TERMINATION FOR DEFAULT The terms and conditions in paragraph 80-08 of the General Provisions of these Contract Documents are hereby made a part of this agreement as fully as if set out at length herein 15 TERMINATION FOR CONVENIENCE The City may terminate this contract in whole or in part at any time by providing written notice to the Contractor Such action may be without cause and without prejudice to any other right or remedy of City Upon receipt of a written nonce of termination, except as explicitly directed by the City, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause (1) Contractor must immediately discontinue work as specified in the written notice (2) Terminate all subcontracts to the extent they relate to the work terminated under the notice (3) Discontinue orders for materials and services except as directed by the written notice (4) Deliver to the City all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written nonce (5) Complete performance of the work not terminated by the notice (6) Take action as directed by the City to protect and preserve property and work related to this 3 1\ca\djm\Agreements\RB Development Airport Light and Sign Prod Ph 11(2)docx contract that City will take possession City agrees to pay Contractor for a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination, b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work, c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers, and d) reasonable and substantiated expenses to the contractor directly attributable to City's termination action City will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the City's termination action The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract 16 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 1 5 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 17. 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 18. 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 19. 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 20. 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 4 1\ca\dim\Agreements\RB Development Airport Light and Sign Prod Ph 11(2)docx IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) Paul W. Foster Mayor, City of Redlands, County of San Bernardino,California ATTEST. Je e Donaldson City Clerk,City of Redlands County of San Bernardino, California (SEAL) RB Development RB Development By QX,�AV' �rq ) Randy Bales Si natare Pkf thorized Agent � g Owner Title 4495----- 449906 Contractor's License No 5 1\ca\djm\Agreements\RB Development Airport Light and Sign Proj Ph 11(2)docx WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Quality of Life Department,Aviation Division RUNWAY 5-26 LIGHTING AND SIGNAGE IMPROVEMENTS PROJECT -PHASE II, AIP No. 3-06-0195-016-2017 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 1861) Dated this 7 h day of November,2017 RB Development RB Development By- &,A i� � Randy Bales 11(S ganature) Owner (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) 6 1\ca\djm\Agreements\RB Development Airport Light and Sign Proj Ph li(2)docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 : ,�£t=r..��.�s��.�a=c.�-c�s-:trinnr=r-.<=:�.�-r.�;a�•.r.=c,�-r.`�,��rrrrcrnr,R�-�^.��r.,c�,c-� �r� - - - 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 November 7, 2017 before me, R Balderas, Notary Public Date Here insert Name and Title of the Officer personally appeared Randy Bales Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(sy is/ subscribed to the within instrument and acknowledged to me that he/shefthrey executed the same in his/hei-M-ieirauthorized capacity0es), and that by his"�,«r/theii signature*on the instrument the person* or the entity upon behalf of which the persons}acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R ®ALDERAS is true and correct � r . ..,. COMM #2128113 WITNESS my hand and official seal cc - NOTARY PUBLIC CALIFORNIA m RIVERSIDE COUNTY My Comm Expires Sept 26,2019 .... w Signature Signature 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 Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name no other signers ❑ 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 NationalNotaryorg 1-800-US NOTARY(1-800-876-6827) Item #5907 ISSUED IN THREE ORIGINAL COUNTERPARTS ORIGINAL BOND NO 5236619 COUNTERP� iT NO PREMIUM $1 872 00 OF rf THE PREMIUM IS PREDICATED FAITHFUL PERFORMANCE BOND THE RNAL CONTRACT PRICE M IS SUBJECT TO ADJUSTMENT Whereas, the City of Redlands ("City"), State of California, and RB Development-(hereinafter designated as "Principal") have entered into an agreement dated November 7, 2017 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as RUNWAY 8-26 LIGHTING AND SIGNAGE IMPROVEMENTS PROJECT - PHASE II and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and SureTec Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Twenty Nine Thousand Nine Hundred Seventy Five Dollars ($129 975 00) lawful money of the United States, for the payment of which sura 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 shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option 1 Complete the 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 progresses sufficient funds to pay the cost of completion 7 I•\ca\djm\Agreements\RB Development Airport Light and Sign Proj Ph 11(2Ldocx 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 herem or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on November 7, 2017 SEAL) (SEAL) RB Development SureTec Insurance Company Development J (Surety) BY BY Randy Sales U '(Signature) Owner Kenneth A Coate, (Signature) Attorney in Fact Address 3033 5th Avenue, Suite 300 (Seal and Notarial Acknowledgement of Surety) San Diego, CA 92103 Telephone ( 800 ) 288-0351 8 1\ca\djm\Agreements\RB Development Airport Light and Sign Proj Ph 11(2)docx roA# 510018 SureTec Insurance Company LIMITED POWER OF ATTORNEY grow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kenneth A Coate,Julia B Bales its true and lawful Attorney-m-fact,with full power and authority hereby conferred in its name place and stead,to execute, aelmowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 001100 Dollars($5 000 000 00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-m Fact may do in the premises Said appointment shall continue in force until 12131/2018 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President,any Vice President, any.Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 206 of April 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 7th day of April ,A.D 2017 I'VC104V SURETEC E t ANY OSANC- C'e $y Lu! w i aJohn Knox , resi nt State of Texas ss `'f'Y County of Harris On this 7th day of April ,A.D 2017 before me personally carie John Knox Jr,to me known,who,being by me duly swam,did depose and say,that he resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument,that he]snows the seal of said Company,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order XENIA CHAVEZ 4T`RY PVB i �/I \IH ?a;' Notary Public,State of Texas �y Comm Expires 09 10 2020 °j,% ``1 Notary I© 129117659 X la avez,Notary Public �J r y commission expires September 10,2020 I,M Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company,which is still in full force and effect,and furthermore,the resolutions of the Board of Directors,set out m the Power of Attorney are in full force and effect s� Given under my hand and the seal of said Company at Houston, Texas this NOVd bf�O A.D .B nt Be ,Assistant Se etary Any instrument issued in excess of the penalty stated above is totally void and without any validity For verification of the authority of this power you may call(713)812 0300 any business day between 8 00 am and 5 00 prn CST 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 NOV 0 7 2097 before me, Stephanie n Fisher, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kenneth A Coate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(} whose name(s�is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity0es),and that by his"r�,er/the,r signature(oon the instrument the person(s� or the entity upon behalf of which the persons}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 offici e STEPHANIE D FISHER W COMM #2198544 Signature Cr NOTARYPUBLIC-CALIFORNIA g' a RIVERSIDE COUNTY Si ature a Public V V V y y y My Comm Expires June 18,2021v� . of ry 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 Kenneth A Coate Signer's Name no other signers ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individualx❑Attorney in Fact ❑Individual ❑Attorney in Fact El 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 • ISSUED IN THREE ORIGINAL COUNTERPARTS ORIGINAL BOND NO 5236619 COUNTERPART NO LABOR AND MATERIAL BOND PREMIUM INCLUDED IN THE PREMIUN OF 3 CHARGED FOR THE PERFORMANCE B, Whereas, the City Council of the City of Redlands, State of California, and RB Development (hereinafter designated as "Principal") have entered into an agreement (the us "Agreement") whereby Principal agrees to install and complete certain designated public 9 improvements (the "Work"), which said agreement, dated November 7, 2017, and identified as RUNWAY 5-26 LIGHTING AND SIGNAGE IMPROVEMENTS PROJECT - PHASE II 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 Califorriia 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 Twenty Nine Thousand Nine Hundred Seventy Five Dollars ($129,975 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on November 7, 2017 (SEAL) (SEAL) RB Development SureTec Insurance Company Development ,Surety) BY fG��l�l7C--~~ BY. �/� L Randy Bales (Signature) Owner Kenneth A Coate (Signature) Attorney in Fact Address 3033 5th Avenue Suite 300 (Seal and Notarial Acknowledgement of San Diego, CA 92103 Telephone { 800 ) 288 0351 9 t•\ca�djm\Agreements\RB Development Airport Light and Sign Proj Ph 11(2)docx POA# 510018 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of'Texas, and having its principal office in Houston, Harris County Texas, does by these presents make,constitute and appoint Kenneth A Coate,Julia B Bales its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 001100 Dollars($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in Fact may do in the premises Said appointment shall continue in force until 12131/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President, any Vice-President, any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's Iiability thereunder, and any such instruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adapted at a meeting held an 20,h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 7th day of April ,A.D 2ot7 ,,wwormpw, SURETEC7E, ANY RAN 4,1BY wur n John Knt State of Texas ss d +� County of Harris ....... .�n*ate On this 7th day of April ,A.D 2017 before me personally came John Knox Jr,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY the company described in and which executed the above instrument,that he knows the seal of said Company,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order a va&+�, XENIA CHAVEZ &�,RY,4g ` , o'3z n�Notary Public,State of Texas1Comm Expires 09 10 2020 X ;Ia6avez,Nata PubhcNotdry ID 129717659 rY y commission expires September 10,2020 I M Brent Beaty Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect,and furthermore,the resolutions of the Board of Directors set out in the Power of Attorney are m full force and effect NOV 4 7 2017 Given under my hand and the seal of said Company at Houston, Texas this AdqU OY:AssistantSe A.D etary Any instrument issued in excess of the penalty stated above is totally void and without any validity For verification of the authority of this power you may call(793;812 0800 any business day between 8 00 am and 5 00 pm CST 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 NOV 0 7 2011 before me, Stephanie D Fisher, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kenneth A Coate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(s}-is/arm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hei*heirauthorized capacity(ias), and that by his/her/thenn signature(sj on the instrument the person(s)-, or the entity upon behalf of which the persons}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 WITNESS my hand and affi e - STEPHAN1E D I ISNER` COMM. #21 gg�44 Signature NOTARY RIVERSIDE g ature otary Public QVYy Si n f MY Comm Expires Juue 18,2021 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 Kenneth A Coate Signer's Name- no other signers ❑Corporate Officer -- Title(s) ❑Corporate Officer — Title(s) ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual x❑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 NationalNotaryorg 1-800-US NOTARY(1-800-876-6827) Item#5907 RBDEVEL 02 LWHITLOCK ACORO CERTIFICATE OF LIABILITY INSURANCE DATE II(MMrnnmvY) !07!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(ies)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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s PRODUCER License#0757776 I aACT Patricia Finnerty HUB International Insurance Services Inc I (;��lr P O Box 5345 (A1C,No,Ext] (877)825-2681 FAX Nor(951)231 2572 Riverside CA 92517 IEDpR1ESs•Cal Cpu@hubinternational com INSURERfS)AFFORDING COVERAGE NAIC# INSURER Scottsdale Insurance Comnanv 41297 INSURED INSURER B R B Development I INSURER C I Randall Bales P O BOX 2384INSURER D Big Bear City,CA 92314 :URER E I 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 FORTHE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP I ryGD WVD POLICY NUMBER (MMIDDIYYYYI (MMIDDIYYYYI LIMITS H X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000- CLAIMS MADE [X]OCCUR X X BCS0033715 02104!2017 02/04/2018 1DAMAGE TO a ENCU D nce) S 100,000 NtmizStti X BI1PD Ded $5,000 MED EXP(Anv one person) S 0 _ I PERSONAL&ADV INJURY S 1,000,000 GENT AGGREGATE LIMIT APPLI ES PER GENERAL AGGREGATE S 2,000,000 POLICY JECT LOC (PRODUCTS COMPlOPAGG S 2,000,000 OTHER S AU'OMOBILE LIABILITY COMBINED SINGLE LIMIT -CEO accident) S _ ANY AUTO BODILY INJURY(Per oerson) 5 OWNED SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY Ter accident) 5 — AU�p p PROPERTY 4A AGE TOS ONLY ATOS ONLY iPer accident S S A UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS LfAB CLAIMS-MADE XLS0101414 0210412017 02/0412018 AGGREGATE 5 5,000,000 DED I X I RETENTIONS 0 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y r N PTAORH TIFTI- E OFFICER" MW EXCLUDE( ECUTIVE ❑ N f A E.L EACH ACCIDENT 5 (Mandatory In NH) I E.L DISEASE EA EMPLOYEE S IS Yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LtMIT S DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD Tat Additional Remarks Schedule maybe attached If more space is required) RE Runaway 8 26 Lighting and Signage improvements project PHASE 11 AIP No 3 06 0195 016 2017 City of Redlands Quality of Life Department,Aviation Division is Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CG2010 04113&CG2037 04113 Primary&Non Contributory wording applies with regard to General Liability when required by written contract per the attached endorsement form CG2001 04113 Waiver of Subrogation with regard to General Liability applies when required by written contract per the attached endorsement form CG24404 05109 Excess Lability follows form of the underlying General Liability Additional Insured and Primary and Nan Contributory wording Should the policies be cancelled before the expiration date,Hub International Insurance Services Inc (Hub),independent of any rights which may be afforded SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Redlands THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS Quality of Life Department,Aviation Division P O Box 3005 Redlands CA 92373 AUTHORIZED REPRESENTATIVE I 410_0_� ACORD 25(2016103) ©1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID RBDEVEL 02 LWHITLOCK LOC# 1 AC01IRDO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0757776 NAMED INSURED HUB International Insurance Services Inc R B Development Randall Bales POLICY NUMBER P O Box 2384 Big Bear City CA 92344 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EPFFCnVE DWM SEE PAGE 1 ADDITIONAL_REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability insurance Description of Operations/Locations/Vehicles within the policies to the certificate holder named below,will provide to such certificate holder notice of such cancellation within thirty(30)days of the cancellation date, except in the event the cancellation is due to non payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten(10)days of the cancellation date ACORD 101 (2008101) ©2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD INSURED R B Development POLICY NUMBER BCS0033715 COMMERCIAL.GENERAL LIABILITY EFFECTIVE DATE 02-04-2017 to 02-04-2018 CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHEN YOU ALL LOCATIONS AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule if not shown above,will be shown in the Declarations A Section II — Who Is An Insured is amended to 2 If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused,in whole or in part, by provide for such additional insured 1 Your acts or omissions, or B With respect to the insurance afforded to these 2 The acts or omissions of those acting on your additional insureds, the following additional behalf, exclusions apply in the performance of your ongoing operations for This insurance does not apply to "bodily Injury" or the additional insured(s) at the location(s) "property damage"occurring after designated above 1. All work, including materials, parts or However, equipment furnished in connection with such work, an the project (other than service, 1. The Insurance afforded to such additional maintenance or repairs) to be performed by or insured only applies to the extent permitted by on behalf of the additional insured(s) at the law, and location of the covered operations has been completed, or CG 20 10 04 13 ©Insurance Services Office, Inc, 2012 Page 1 of 2 INSURED R B Development POLICY NUMBER BCS0033716 COMMERCIAL GENERAL LIABILITY EFFECTIVE DATE 02-04-2017 to 02-04-2018 CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FART SCHEDULE IN Name Of Additional Insured Person(s) Or Organizations) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES,, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above,will be shown in the Declarations A Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance. with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by rewired by a contract or agreement, the most we 'Your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance performed for that additional insured and 1 Required b the contract or agreement, or included in the "products completed operations Y g hazard". 2 Available under the applicable Limits of However. Insurance shown in the Declarations, 1 The insurance afforded to such additional whichever is less insured only applies to the extent permitted by This endorsement shall not increase the applicable law, and Limits of Insurance shown in the Declarations 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured CG 20 37 0413 M Insurance Services Office, [no , 2012 Page 1 of 1 In--1 r , INSURED R B Development POLICY NUMBER BCS0033715 COMMERCIAL GENERAL LIABILITY EFFECTIVE DATE 02-04 2017 to 02-04-2018 GG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured contribution from any other insurance available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance, and CG 20 0104 13 M Insurance Services Office, Inc , 2012 Page 1 of 1 SP STATECOMPF11NISAMON P O BOX 8192, PLEASANTON CA 94588 INSURANCIE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE 11-13-2017 GROUP POLICY NUMBER 1515029-2017 CERTIFICATE ID gg CERTIFICATE EXPIRES 01-01-2018 01-01-2017/01-01-2018 CITY OF REDLANDS, AIRPORT DIVISION SP JOB RUNWAY 8.26 PHASE II REDLANDS AIRPORT PO BOX 3005 REDLANDS REDLANDS CA 92373-1505 CA 92373 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy 'moi! Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS, EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS $1 000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01.1999 IS ATTACHED TO AND FORMS A PART OF THIS POLICY ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-11-13 IS ATTACHED TO AND FORMS A PART OF THIS POLICY THIRD PARTY NAME CITY OF REDLANDS, AIRPORT DIVISION EMPLOYER BALES, RANDALL B DBA R 8 DEVELOPMENT SP 5835 OLD RANCH RD RIVERSIDE CA 92504 [P16 SGI (REV7 2014] PRINTED 11-13-2017