HomeMy WebLinkAboutContracts & Agreements_145-2019NPS-2.2 (04/8119)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of Mill Creek 2 Well Repair ("Agreement") is made and
entered in this 5th day of July, 2019 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and South West Pump and Drilling, Inc. ("Contractor"). City and
Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform Mill Creek 2 Well Repair services for City
(the "Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations
in the performance of the Services including, but not limited, to all applicable Labor
Code and prevailing wage laws and non-discrimination laws, including the Americans
with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing
rates of per diem wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification or type of worker needed to undertake
the Services are on file at City's Municipal Utilities and Engineering Department, located
at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands,
California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to
prevailing wages that City may enforce such provisions by withholding payments to
Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771,
1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory
provisions establishing penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
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1776 regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to
assign to City all rights, title and interest in and to all causes of action it may have under
section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter
2 (commencing with section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, Work or materials pursuant to this
Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Savat Khamphou, City's Municipal Utilities and Engineering Department
Engineering Manager, as City's representative with respect to performance of the
Services, and such person shall have the authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to
performance of the Services.
ARTICLE 4 -w PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A" entitled "Scope of Services." The
Services shall commence as of the Effective Date of this Agreement.
4.2 Contractor shall complete the Services by August 19, 2019, unless the Services are earlier
terminated as permitted herein.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit
"C", in an amount equal to one hundred percent (100%) of the total compensation to be paid
to Contractor pursuant to this Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 Total compensation for Contractor's performance of the Services shall not exceed the
amount of thirty seven thousand six hundred seventy three dollars twenty cents
($37,673.20). City shall pay Contractor on a time and materials basis up to the not to
exceed amount in accordance with Exhibit `B," entitled "Mill Creek 2 Well Repair Fee
Schedule," attached hereto and incorporated herein by reference.
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5.2 Contractor shall submit monthly invoices to City describing the Services performed
during the preceding month. Contractor's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom. City shall pay Contractor no later than thirty (30) days after receipt and
approval by City of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
QiY
City Clerk
City of Redlands
35 Cajon Street
P.Q. Box 3005 (mailing)
Redlands, CA 92373
jdonaldsongeityofredlands.org
(909) 798-7531
Contractor -?Q�pea
South West Pump and Drilling, Inc.
53381 Highway III
Coachella, CA 92236 /� l
...lo.�.+i.�rnesvn�linn nnm b�Q��eCS QSW �U` ►y1«5h^
(760) 398-3977 al
ARTICLE 6 -- INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not
perform any Services unless and until the required insurance listed below is obtained by
Contractor. Contractor shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws
of the State of California. Contractor shall execute and provide City with Exhibit "D"
entitled "Workers' Compensation Insurance Certification," which is attached hereto
and incorporated herein by this reference prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
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C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services. Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
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Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk,
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to;,,terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Contractor at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Contractor. Upon
receipt of a termination notice, Contractor shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Contractor in performing the Services. Contractor shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
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herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the.
State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS
By
e McCo nell
Assistant City Manager
ATTEST:
Je n Donaldson, City Clerk
SOUTH WEST PUMP AND DRILLING INC.
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By:
31zop S- Sys
NPS-2 2 (0418I19)
EXHIBIT "A"
SCOPE OF SERVICES
Mill Creek 2 well is a water lubricated cable tool well. The well has a 20" casing and is 271,
deep and the pump setting is 230'. This well is a crucial water source for Mountain Home
Village. The well is one of two water sources for this town, so down time must be minimal.
Emergency work was preformed last year. The bowl assembly was replaced, new bronze drop in
retainers with Vesconite bushings were installed, the foot valve was removed and 20' of slotted
suction was added to help with possible sand issues. The equipment was put back into service
May of 2018 and has recently developed a vibration.
Contractor shall provide the following equipment and services and payment shall be considered
as included in the various bid items, unless otherwise stated below, and no additional payment
will be allowed therefore:
• Mobilize to site, pull pumping equipment for tear down and inspection.
• Inspect pumping equipment and provide a detailed report to the City with recommended
repairs.
® Pre order, furnish and install per "Exhibit 13"
o Line item 4 — 203' of new 1" 3/16 stainless steel shaft and couplings
o Line item 5 — New head shaft 316 stainless steel
a Line item 6 — New bronze drop in retainers with (19) vesconite bushings
o Line item 8 —New Flow -Wise or City approved bowl assembly
o Line item 12 — New Flowmatic style foot valve
o Line item 13 — 205' of new stainless steel air line
Mobilize to site and install pumping equipment
® Wire motor, test rotation and perform start up.
• Perform pump performance test including a vibration analysis and a sand test.
• Turn over all inspection reports, records, log books, drawings and diagrams associated
with the job to the City.
WARRANTY OF WORK
The Contractor shall guarantee the Work against defective materials or workmanship for a period
of one (1) year from the date of completion date specified in the Notice of Completion, except
where longer warranty periods are specifically stated.
Any defective material or workmanship which may be discovered before final acceptance or
within one (1) year from the completion date specified in the Notice of Completion shall be
corrected immediately by the Contractor at his own expense notwithstanding that it may have
been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall
not relieve the Contractor from any obligation to perform sound and reliable work as herein
described.
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NPS-2.2 (04/8/19)
1*1114
s
c �
Mill Creek 2 Well Repair Fee Schedule
Bid Price Sheet
Item
Item Description
Quantity
Unit Price
Cost
No.
Mobilize: Mobilize all equipment and crews needed to
1
complete proposed work. (Maximum 5%of Total
Sum
NIA
$640.00
Cost).
Remove Pumping Equipment: Pull 230' of pumping
m
2
equipment consisting of 8" x 1 3/16" water lube pump.
Sum
N/A
$3,160.00
Take to vendor shop for tear down and inspection.
Tear Down and Inspect: Tear down and inspect
3
pumping equipment for damages. Provide a detailed
Sum
NIA
$480.00
report of damages and recommendations for repair.
The below proposed work may vary depending on findings in inspection report.
Some items in bid will not be needed and all items should be bid with worst case scenario in mind.
Furnish and Install New Line Shaft: Furnish and
4
install 203' X 1 3116" 316 SS line shaft and 304 SS
203 Feet
$195.90/Foot
$4,505.70
coupling.
Furnish and Install Head Shaft: Furnish and install
m
5
new 316 SS head shaft include any needed machine
Sum
N/A
$194.00
work.
6
Furnish and Install All Bushings: Furnish and install
1 Each
$238.50/Each
$238.50
all bronze drop in retainers with Vesconite bushings.
Rebuild Bowl Assembly: Rebuild bowl assembly
7
using existing impellers. Include new 416 stainless
Lump
NIA
$3,601.50
steel shaft, bushings wear rings and any other needed
Sum
hardware.
Furnish New Bowl Assembly: Furnish new 4 Stage
8
Flow -Wise FW-I 1LC-4 bowl assembly or City
Lump
NIA
$7,741.00
approved equal. The new bowl assembly shall be
Sum
capable of 600 GPM at 200' TDFI.
9
Furnish and Install column pipe: Furnish and install
19 Each
$424.60/Each
$8,067.40
8"X 10' column pipe.
10
Furnish and Install column pipe: Furnish and install
2 Each
$261.60/Each
$523.20
8"X 5' column pipe.
11
Furnish and Install column pipe: Furnish and install
I Each
$184.50/Each
$184.50
8"X T column pipe.
12
Furnish and Install New Check Foot Valve: Furnish
i Each
$1,65690/Each
$1,656.90
and install new Flomatic style check valve.
13
Furnish and Install New Air Line: Furnish and
Lump
N/A
$404.00
install new 205' 1/4" stainless steel airline.
Sum
U. caldjmlAgreementsWill Creek No. 2 2019.NPS-2.2.doc
NPS-2.2 (0418/19)
Install Water Lube Turbine Pumping Equipment:
14
Install 230' of water lube turbine pumping equipment.
Lump
N/A
$3,160.00
Restore well site to pre -rehabilitation condition.
Sum
Provide all necessary gaskets and needed hardware.
Bid Price Sheet (continued)
Item
No.
Item Description
Quantity
Unit Price
Cost
15
Perform Start Up, Wire Motor, 'Test Rotation:
Lump
N/A
$395.00
Perform start up, wire motor, test rotation.
Sum
Perform Pump Performance Test: Perform pump
performance test, sand test, and vibration test. Provide
Lump
16
detailed report to City and any other associated
NIA
$1,143.00
information, pump curve, installation sheet, drawings,
work logs, as-builts and test reports.
17
Demobilize: All equipment and crews used to
Lump
NIA
$640.00
complete proposed work.
Sum
18
Crane Work: Provide hourly rate for additional crane
I Hour
$228.50/Hour
S228.50
work if required.
19
Electrician Work: Provide hourly rate for additional
I Hour
$195.60/Hour
$I95.00
electrical work if required.
20
Laborer Work: Provide hourly rate for additional
I Hour
$395.00/Hour
$395.00
labor if required.
21
Machine Work: Provide hourly rate for additional
I Hour
$120.00/Hour
$120.00
machine work if required.
Total Cost
$37,673.20
(Item No. 1-21)
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EXHIBIT "C"
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and South West Pump and
Drilling, Inc. (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 June 24th , 2018, and identified as Mill Creek 2 Well Repair 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
Dollars ($37.673.20) 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 , 201 .
(SEAL) (SEAL)
South West Pump and Drilling, Inc.)
9i9Q0iAQe-
V- Q.
(Seal and Notarial Acknowledgment of
Surety)
(Surety)
BY:
(Signature)
Address:
Telephone(
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 by one or more insurers
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.
CHECK ONE
t/ I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
SOUTH WEST PUMP AND DRILLING, 1NC.
y , c--%- -Y,2cT 1 bz%v, r
11
L;1ca1djmlAgreementsWill Creek No. 2 2019.NPS-2.2.doc
Date: -1 IV z o l
Bond No. 4422902
Premium: $942.00
NPS-2 2 (041V19)
EXHIBIT "C'
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California„ and South West Puma and
Drilling, Inc. (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 June 24th , 2018, and identified as Mill Creek 2 Well Repair 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
Dollars 37 673.20 for materials famished 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 instrume as been duly executed by the Principal and surety above named,
on July 1.8th 2019.
(SEAL)
Markel Insurance Com an
(Soiitt�t'P u—nlp and Drilling, .) /� Inc(Surety) �-
(Signature) Mathew S. Costello, Attorney in Pact
Address:
9737 Great Hills Trail. 51ite.3 .0_
Austin, TX 7$759
(Seal and Notarial Acknowledgment of Telephone(713) 812-0800
Surety)
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LAc"jm\AVeement9\N ip Creek No. 2 2019.NPS-2.2.dm
POAN 510734
Markel Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That MARKEL INSURANCE COMPANY (the rCompany ), a corporation duly organized and existing under the laws of the State of
Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint
Diane M. Nielsen, Mathew S. Costello, Salvador Sandoval
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 of 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 is made under and by
authority of the following resolution of the Board of Directors of Markel Insurance Company:
RESOLVED, that the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary or Assistant
Treasurer 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 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 on 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 Secretary.
FURTHER RESOLVER, 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.
In Witness Whereof, MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice President, and its corporate seal to be hereto
affixed this 18th day of March 209.
Commonwealth of Virginia
Henrico County
MARKEL INS] Cr�OMPANY
By:
Robin usso, Senior Vice President
On this 18th day of March 2019 before me personally came Robin Russo, tome known, who being by me duly sworn, did depose ant; 1ay,that he resides
in Henrico County, Virginia, the he is Senior Vice President of MARKEL INSURANCE COMPANY, the company described in and which executed the;a}toge;itisfrument;
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 th-e 6car&uf Nrec'rors of said
Company; and that he signed his name thereto by like order.
...,,,,.,, Casey Gaunt# By:
Y PU'.
Notary Public, Stale of Texas Casey Gauntty otary Public
*: *= Notary ID## 12291380
My Gommissian Expires
March 30, 2021 -
I, Richard R. Grinnan, Vice President and Secretary of MARKEL INSURANCE COMPANY, do hereby certify that the above and foregoing is 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 in full force and effect.
Given under my hand and the seal of said Company at Glen Allen, Virginia this 1 R t$qy of _.T i i 1 )r , 2 012.
Richard R. Grinnan,
Vice President and Secretary
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) 812-0800 on any business day between 8:30 AM and 5:00 PM CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Riverside
On July 18, 2019 before me, Linda Rocha Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Mathew S. Costello
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
LINI7A ROCHA and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
Commission # 21314s2 acted, executed the instrument.
z ,-m n Notary Public - California z
z ' Riverside County N I certify under PENALTY OF PERJURY under the laws of
My Comm. Expires Nov 20, 2019 the State of California that the foregoing paragraph is true
and correct.
Witness m d official sal.
Signatur
Place Notary Seal Above Sig ure Notary u is
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal anc reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer—Tltle(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: