HomeMy WebLinkAboutContracts & Agreements_151-13_CCv0001.pdf Bond No. : 1000802146
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and
Haz Mat Trans, Inc (hereinafter designated as "Principal") have entered into
an agreement dated 21111 cf " 2013 ("Agreement") whereby Principal agrees to install and
complete certain public improvements (the "Work"), which said Agreement is identified as
Property APNO171-022-13* and is hereby referred to and made a part hereof-, and
Removal, Excavation and Restoration of 5 AST's, 1 Transfer Tank
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
, as Surety, are held and firmly bound unto the City in the penal sum of
One Hundred Eighty Five Thousand **-Oollars ($ 185, 976 . 00 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 fall 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:
American Contractors Indemnity Company
Nine Hundred Seventy Six Dollars & No Cents
S:\Surety\Surctv Accounts\Haz rnaffinal Bonds\City of Redlands'Perfonnance Bond 421 13doe.doex
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
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 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.
The Surety 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
2
S:'Surety'Surety Accounts\Haz mat'Tinal BondsTity of RedlandsTerformance Bond 4 2 13doc.doex
terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the Principal and Surety
above named,on 27th of June ?013
Haz Mat Trans, Inc American Contract I emnity Company
Contractor ty
Signature gnat e - J 1q. Johnson
Attorney-in-tact
Address:
19000 MacArthur Blvd. PH Floor
Irvine, CA 92612
Telephone 949-417-9173
3
S:\Surety\Surety AccountslHaz matil~inal Bonds;City of Redlands\Performance Bond 4 2 13doe.docx
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies"),do by these presents make,constitute and appoint:
J W Johnson or Anthony J. D'Asaro of Irvine,California
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, 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 riders, amendments, and consents of surety, providing the bond
penalty does not exceed ******Three Million******* Dollars ($ **3,000,040.00** ).
This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
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 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, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,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 officerand sea}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,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
3rd day of October,2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals o
�ararua � y T ,
SEAL
a b, .0 By: _—
•
State of California Daniel P.Aguilar,Vice President
County of Los Angeles SS:
On this 3`a day of October,2011,before me,Deborah Reese,a notary public,personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity,and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ocKluw 111
Signature �� S-_ (Seal) COUMN11 K r 110111140bm"PWM•commis
IM Arm!C-"
Ce+w bpm WN Ia.Nis
1,Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of
Attorney are in full force and effect.
Ag
In Witness Whereof, 1 have hereunto set my hand and affixed the seats of said Companies at Los Angeles, California this 27th day
of dune 2013 —
Corporate Seals
t
Bond No. 1000$02146 � AL Jeannie Lee, sistant Secretary
Agency No. 6708
State of California
County of Orange
On June 27, 2013 before me, Amanda Re Nae Lockman Notary Public
NAME
personally appeared J. W. Johnson
NAME OF SIGNER
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of
AMANDA RE NAE Lt}CKMAN
�a COMM.#2017997 fi which the person acted, executed the instrument.
w '* o NOTARY PUBLIC-CALIFORNIA X
ORANGE COUNTY1, certify under PENALTY OF PERJURY under the laws of
MY COMM.D(A APRIL 6,2017
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
4i6it�(SI�GNAT�RF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED D 'MENT
INDIVIDUAL
CORPORATE OFFICER
TIT OR TYPE OF DOCUMENT
TITLE(S)
-----------------------------------
PARTNERS) F� LIMITED
F GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDL CONSERVATOR
OT
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME of PERSON(S)OR ENTITY(IES) ---------------_---------------_.N-
SIGNER OTHER THAN NAMED ABOVE
Bond No. : 1000802146
Premium: Included
LABOR AND MATERIAL BOND
Whereas,the City Council of the City of Redlands, State of California, and Haz Mat
Trans, 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"),wWch said agreement,dated 19th of June 2013
2013. and identified as Property APNOI.71-022-13
is hereby referred to and made a part hereof,and
*Removal, Excavation and Restoration of 5 AST's, 1 Transfer Tank
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 ($185, 976 ._) 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 27th of June 12013
(SEAL) (SEAL)
Haz Mat Trans, Inc Americtr
41 ,Jrs ndemnity Company
(Contractor) A (Surety)
BY:
(Signature) (Signature)ffl sOfT
/Attor7y-in-fact
Address:
19000 MacArthur Blvd. , PH Floor
Irvine, CA 92612
949 417-9173
(Seal and Notarial Acknowledgment of Telephone(
Surety)
S:'ksurety\Surety Accountsllaz maINFinal Bonds\city ot'Redlands"llabor and material bond form 4 8 13.docx
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies"),do by these presents make,constitute and appoint:
J W Johnson or Anthony J.D'Asaro of Irvine,California
its true and lawful Auorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertaldings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed ******Three Million******* Dollars ($ **3;000,000.00** ).
This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shalt be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attomey(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 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, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,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 ami 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 oreertift ate bearing facsimile signature or facsimile seat shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
3rd day of October,2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate SealstT �
T
SEAL
s�rtx r++t�� By: --' ' ._.�
t Daniel P.Aguilar,Vice Presiden
State of California
County of Los Angeles SS:
On this 3d day of October, 2011.before me,Deborah Reese,a notary public,personally appeared Daniel P. Aguilar,Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity,and that by his signature on the instrument the person(s), or the entity upon behalf of
which theperson(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal,
t oFwtuw ate
Signature tyt,t �tf Sot (Seal) Now?Poft cwwm
in Ampin Cwq
C�..R IAr i 711
I, Jeannie Lee,Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; furthermore,the resolutions of the Boards of Directors,_ set out in the Power of
Attorney are in full force and effect.
In Witness Whereof,I have hrg to set my hand and affixed the seals of said Companies at Los.Angeles, California this 27th day
of June UU
Corporate SealstiWfTD
T
10008021461 '�`"' ' `=. SEAL
Bond No. _ � t t Jeannie Lee,esistarit Secretary
Agency No. 6708
s
State of California
County of Orange
On_June 27, 2013 before me, Amanda Re Nae Lockman Notary Public
NAME
personally appeared J. W. Johnson
NAME OF SIGNER
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of
OF AMANDA RE NAE LBCKMAN
which the person acted, executed the instrument.
ThF
COMM,#2017997 X
y NOTARY PUBUC-CALIFORNIA%O I, certify under PENALTY OF PERJURY under the laws of
ONCE COUNTY Cn
the State of California that the foregoing paragraph is true
MY COMM,EXP.APRIL 6,2017
and correct.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DO LENT
INDIVIDUAL
❑ CORPORATE OFFICER
TIT OR TYPE OF DOCUMENT
TITLE(S)
----------------------------------
F1 PARTNER(S) LIMITED
F] GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUA ,CONSERVATOR
ER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------------
SIGNER OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
f
County of
SAA L?L11-NAr,0 f/va
i
On -Z$-2v)3
6 before me, Co&Y-Ir..c C 14CNN Ad 1( /y0r-Yt-R7 pye�« l
Cate Here Insert Name and Title of the Officer '
personally appeared P/N-91ri A L_ 14 0 L M Cif
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(*) whose named is/are
subscribed to the within instrument and acknowledged
to me that he/she/tb*y executed the same in
rLa C.HENN" Les/her/t46r authorized capacity(i@e), and that by
Coxwftsia#1972440 Mier/her/t*ir signature(e) on the instrument the
M"y -Coldornia x
tia llo, W n County person(&t), or the entity upon behalf of which the
i4,2016 persona) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
c Signature:
Pace Nota:v Seal and/or Stamp Above g ure of Notary Pub]r
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
�r Title or Type of Document: rAi 1W fyL. SCK t-K A V0 A tJ0
Document Date: b` Z7-2Q 13 �
Number of Pages: wcr, NOrA►elvyS
Signer(s) Other Than Named Above: Noi14
Capacity(ies) Claimed by Signer(s)
Signer's Name: ;PA—K i u A 4- /40L,"eJ Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
I
Individual Individual
Partner—_ _ Limited General To �r rhu b Here Partner— :Limited General - ry
r� Pmt,here
t�
Attorney in Fact Attorney in Fact ,
Trustee Trustee ,,
4
Guardian or Conservator Guardian or Conservator
Other: Other:
i
Signer Is Representing: Signer Is Representing:
H�t2 M o r Jn-ANS w e
02068 NationalNotaryA �,,.-_ ? ��_ootoAvo..P.O8oz2402•Chatsworth.CA91313-2402 www Nation8lNotary.org Item#oX. Rerr7elC,a To-f-Feel-800-876-6827