HomeMy WebLinkAboutContracts & Agreements_217-2006_CCv0001.pdf Recorded In Official Records,County of San Bernardino 1/08/2008
2:1LARRY WALKER mi P"
RECORDING REQUESTED BY; �°' Auditor/Controller - Recorder
AND WHEN RECORDED MAIL TO: '
R Regular Mail
CITY CLERK Doc#: 2008—0008908 Titles: 1 Pages: 1
CITY OF REDLANDS Fees 0.00
35 CAJON STREET I Taxes 0.00
ot r
P.O. BOX 3005 i PAID $00
.00
REDLANDS, CA 92373
FEES NOT REQUIRED
PFR WyFRNMFNT CODE
SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is CITY OF REDLANDS
3. The full address of the owner is 35 CAJON STREET, P.O. BOX 3005,REDLANDS,CA 92373
4. The nature of the interest or estate of the owner is IN FEE
5. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as
tenants in common are NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on January 3,2008
The work done was Boys and Girls Club of Redlands Building,Contract No,246231-727046011
7. The name of the contractor for such work of improvement was GC Builders, Inc., 11023 Eucalyptus Street,
Rancho Cucamonga,CA 91730; Contractor's License No. 707372;and Date of Contract was October 3,2006
8. The properly on which said work of improvement was completed is in the City of Redlands, County of San
Bernardino, State of California, and is described as follows: Northwest corner of Clay St and Lugonia Av
9. The street address of said property is: 1251 N. Clay Street, Redlands, CA 92374
Dated: January 3, 2008
Peniorbi'vil Engineer
Pl
MU&ED Department,City of Redlands
VERIFICATION
I,the undersigned,say I am the Capital Projects Manager of the declarant of the foregoing Notice of Completion, and
have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed an January 4, 2008, at Redlands, California.
Capital Projects Manag
MU&ED Department,City of Redlands
AGREEMENT
THIS AGREEMENT made and entered into this 3"day of October, 2006, by and between the City of Redlands, a
Municipal Corporation, organized and existing under the laws of the State of California,hereinafter referred to as the
"City," and GC Builders, Inc. of the City of Rancho Cucamonga, County of San Bernardino, State of California,
hereinafter referred to as the "Contractor."
WITNESSETH: That the City, and the Contractor, for the consideration hereinafter named, agree as follows:
1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction
of Boys and Girls Club of Redlands project, complete, all as shown, specified, and made a part of Contract No.
24.52131-7270.
2.
4,52131-7270-
2. For the Contract Sum of $3,719,181.00, in accordance with the terms and conditions of the Contract
Documents.
Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities
with an Escrow Agent as a substitute or retention of earnings requirement to be withheld by the City pursuant to
and Escrow Agreement.
3. Time for Completion. The work shall be completed within 365 calendar days from and at-ter the date of the
Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in
damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely
difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it, the sum as set
forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of
the work.
Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages
amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work
within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit:
Notice Inviting Bids; Instructions to Bidders; Proposal and Bid Forms; Bid Bond; Agreement; Performance and
Payment Bonds;Standard Specifications and Standard Plans for Public Works Construction;Contract Documents
and Supplemental Specifications; all referenced specifications; and any Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this
contract the prevailing party shall.in addition to any costs and other relief,be entitled to recovery,of its reasonable
attorney's fees.
7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers, agents, and employees
from and against any and all claims,losses,damages, and causes of action,including death,brought by any person
or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees or agents
in connection with the performance of the Contractor's obligation Linder this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name
the City, its elected officials, employees, and agents as additional insureds. Any insurance required Linder this
contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance
rnafi,tained by the City.
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000,00 or less shall
be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1,5 of the Public Contracts Code
icorrimencing with Section 201041. All claims shall be in writing and include the documents necessan; to
substantiate the clami. Nothing in subdivision (a) of the Public Contracts Code Section 20104.2 shall extend the
time Iii-nit or supersede the notice requirements provided in this case from filing claims by the Contractor.
PurSU"Aut,to Public Contract Code section 9201,if the City receives a third party claim in relation to this Contract,
the City shall timely notify the Contractor, The City shall be entitled to recover reasonable costs incurred in
providing the notification required by Public Contract Code section 9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public
Contract Code Section 6109 and California Labor Code Sections 17 77.1 and/or 17 77.7 and ccrO, that they are
not debarred and are eligible to work on this project.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will
be bindincy on another party without the written consent of the party sought to be bound.
12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns and le„al
representatives in respect to all covenants, agreements and obligations contained in the contract documents.
13. 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 the
City and Contractor.
14. Federal Labor Standards. This project is subject to Federal Labor Standards. A copy of Federal Labor Standards
Provisions (HUD form 4010) is attached to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate oil the day and year first
written above.
CITY SEAL
By:
bra or,City of Redlands
/Courity of San Bernardino, California
ATTEST:
Z-—)
Ciry'Clerk,City of R6'dlan s
o,
County of San Bw1narJino, California
Name of Contractor
CONTR,ACTOR SEAL By: .......
Si-nature of Authorized Agent
Signatory's Title
Simature of Authorized Agent (if necessary}
`iii natory',Title Qf necessan)
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
BOYS AND GIRLS CLUB OF REDLANDS
CONTRACT No. 24531-727 0
Every employer except the State, shall secure the payment of compensation in one or more of the following ways:
(1) By being insured against liability to pay compensation in one or more insurer duly authorized
to write compensation insurance in this State.
(2) 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 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 of this contract. (Labor Code Section 1861)
Date
7�> A-1
Name of Contractor
By:
Signature of Authorized Agent
?J2 111D,—P-3 I
Signatory's Title
2-
Contractor's License No.
J
BOND NUMBER: 104730079 BOND EXECUTED IN TWO COUNTERPARTS
PREMIUM: $40,693.00 AND IS SUBJECT TO
CHANGE BASED ON THE FINAL PERFORMANCE BOND
CONTRACT PRICE
WHE-REAS,the City Council of the City Of Redlands.State of California (hereinafter designated as"City"),and OC
Builders,Inc. (hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install
5,
and complete certain,designated public improvements,which by=aid agreement dated October 3,ZOO( @rkd identified
as Contract No. 2452;31-7 x'.70; is 1-jereby referred to and made a part hereof, and
WHEREAS, under the terms of said agreement, Principal is requited before entering upon the performance of the
work, to furnish a good and sufficient faithful performance bond with the City,
NOW,THEREFORE,said PriDcipal and the undersigned as corporate surety,are held and firmly bound unto the City
in the sum of Three million,seven hundred nineteen thousand,one hundred eighty-one dollars ($3,719,18X.00) for
the payment of which surn well and truly to be made, we binct ourselves, our heirs, successors, executors and
administratots,jointly and,severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Prin'cipat,lois or her heirs,cxercutors,administratut.s.
successor= or assigns, shall.in,all things stand to arid abide by, and well And truly keep and perform the covenants.,
conditions,and provisions in.the said agreement and any alteration thereof made as therein.pruvridcd,or his or her 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,rne;initig, and shall defend,indemnify and save harmless the City,its elected officials,officers,agents,and
eroployees,as therein stipulated, then this obligation shall become null and void;otherwise it shall be and Tern-Ifn in full
force and effect.
Ns a part of the obligation secured hereby and in addition the face amount specified therefore,there shall be included
costs and reasorrable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and,included in any judgment rendered.
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 tco he performed thereunder or the specifications accompanying the same-hall in anywise
affect its nNgations(in 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on. OCTOBER 6 2006, Bond No, 104730079 1-1117
G.C. BUILDERS, INC. (SEA1 TRAVELERS CA AL AND SURETY
COMPANY OF ERA (SEAL)
Sure-,y
py: !'E- YUNG T. ICK,ATTORNEY-1
V
Signature Signature "J
_ss,.
Address: 88 GATEWAY CENTER DRIVE
8 GATEWAY
YC T
1 0 91 6
AMOND BAR,CA 91766
(Nomrkil Acknowledgmertrit of Prindpil and Stirery) Telephone., 9090 612-3647
State of //I� �«
County of
On /!- befor me, ` - L Notary public, personally appeared
ersonally known to me (rn�c�e +0 a�n the b is of
s �ienee) to be the person(.}whose nam is subscribed to the within instrument and
acknowledged to me th h /*e/thy executed the same i hi /WtIor authorized capacity(1r, and that by
Ohs/l&/tP�y signatureo).on the instrument the person, or entity upon behalf of which the person( acted,
executed the instrument.
�z !�� KATHY S. R7PSPUTS
Notary Signature comm.#1417853
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
qMy Comm.Expires Jwe 12.2007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE
)
On October 6, 2006 before me, JENNIFER C. GIBONEY,NOTARY PUBLIC
NAME OF NOTARY PUBLIC
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal _JENNIFER C.GIBQNEYCOMM.#1470955 b
Notary Public California cn
ORANGE COUNTY
My Comm.Expires February 17,2008
V4
(SEAL)
OTARY PUBLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
BOND NUMBER: 104730079 BOND EXECUTED IN TWO COUNTERPARTS
PREMIUM INCLUDED IN PAYMENT BOND
PERFORMANCE BOND
WHEREAS,the City Council of the City of Redlands,State of California (hereinafter designated as"City"),and GC
Builders,Inc. (hereinafter designated as"Principal")have entered into an agreement whereby Principal agrces to install
and complete certain designated public improvements,which by said agreement dated October 3,2006,and identified
as Cnntract moo. 245231-7270, is hereby referred to and trade a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the
work, to furnish a good and sufficient labor and materials paymentt bond with the City to secure: the claims to which
reference is made in Title 15 (commencing with.Section 3082) of Part 4 of Division 3 of the Civil.Code of the State of
California..
NOW,THEREFORE,said Principal and the undersigned as corporate surety,are held mid firmly hound unto the City
and al contractors,subcontractors,laborers,materialm.en,and any other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Civil,Cody:of the State of California in the surd of Three million,
seven hundred nineteen thousand,one hundred eighty-one dollars ($3,719,181.00) for rnlrerials furnislwd or labor
thereon of any bind, 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 herein alzove set forth,and also incase suit is
brought upon this bond, will nay, in addition to the face amount thereof, costs and reasonable expenses and fees,
inctudi:ig reasonable attorney's 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 he included in the judgment therein rendered,
It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all person%,companies
and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Dart 4 of Division 3 of the
Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this band.
Should the condition of this band 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 to the work to be performed thereunder or the specifications accompanying the same£hall,in agnosia
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on OCTOBER 6 2006, Bond No104730079
G.C. 1-17
BUILDERS, INC. TRAVELERS CASUALT ND URETY COMP OF
(SEAL) AMERICA (SEAL)
1yrntiigal surety
By:
Signature Signature YUN ULLICK,ATT RNEY-IN-FACT
Address: 21688 EWAY CENTER IVE
DIAM D BAR,CA 91765
k-Nnori-al rtcknnwledgmenr of Plr ic.;pn',,in;i Stir�ty) Telephon : { j{) .�12-3647
Q'
� �1
State of t f� X�4I j /''/6-
County
`-County of ��� �������?�
i/ . ::�-, before me l �' Notary public, personally appeared
On c^ 6 ,
z, -t personally known to me (orTfeve
sisfact }exiriese) to be the person whose name i / -subscribed to the within instrument and
�� g
cknowled ed to me that�li 's}�'e/tWy executed the same i /ham/ eir authorized capacity,, and that by
,, ',,
r
h* ed
signature on the instrument the person,or entity upon behalf of which the person) acted,
vexecuted the instrument. -
Notary Signature
KATHY S. RAPSHUS
F COMM.#14178W
U NOTARY PUBLIC-CAUFCRNIAj
at SAN BERNAR04NO COUNTY m
My Comm.Expires June 12,2007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORAN E )
On October 6, 2006 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC
NAME OF NOTARY PUBLIC
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. JENNIFER C,GIEONEY W
` COMM.#1470955
a: Notary Public Callfomia Cn
ORANGE COUNTY
Fty Comm.Expires February 17,2008
NOTARY PUBLIC SIGNATURE (SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
IWARNING:THIS POWER OF ATTORNEY 1S INVALID WITHOUT THE RED BORDER
TSPAUL POWER OF ATTORNEY
RT)AVELERS Farmington Casualty(ornpaany St,Pati Guardian Insurance C ornpany
Fidelity and Guaranty Inmirauce C(alapasty St,Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casuatty and Surer-,Company
Seaboard`surety Company Travelers Casualty and Surety Company of America
St.Paul Eire and'Shrine.Insurance C,o pany l.inited States Fidelity and Guaranty Company
Attorney-In fact No. 2)F 098 Certificate No, 000546042
KN()I'ti ALL MEN BY THESE PRESE:N'rS.That Seaboard Surety Company any rs a corporation duly organized nuclei`the lane,at the State of New York,that.St.Matti
Fire and Marine Insurance Company,St:.Paul.Guardian Insurance Company anis St.Paul Mercury Insurance.Company are corporations duty organized under the law's
of the.State of Minnesota,that Farmington.Casualty Company,Travelers Casualty and Surety Company,and'fravelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that[.muted States Fidelity and Guaranty Company is a corporation duly organized titi(ter the
laws of the State of Maryland,than Fidelity and Guaranty Insurance Company is at corporation dilly organized fancier the laws of the.State,of Iowa,and that Fidelity and
Guaranty Insurance Uraferwriters,Inc.is to corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Cbtnpanies"),and that
the Companies do hereby make,constitute and appoint
Jarnes W. Moilarien.and Yurn,T. Mullick
of the City oi_ tt(te�atypl_V ) ------ ----------------------------Sum-'ot_ .._ �C alafryrnaa
. . the r u ue and lav Cul Attor2eyts)-in-Fact,
each tae their;entaratc clti?acltc it aau+re than Data �natsaect i.hat�e,to„�It,ercc tate,seal Eau'act<lli,sylecl�4e any,it.d tilt;a,Ya.cl:}.r cca:istrae cca,Ec�Itcitestan<Il tine rtaikl2:"s and
other ct'ritinLs obligator, in the nature thereo on behalf >f the C cat iplanie, in the,r b rsUless of"guarantecing"the l:edehtN;Of pa;Iaotl,,L!Uarantceirig the performance of
contract,and executing or guararteeit g brands and undertakings required or pernatted in alt,`actions or proeeedbl 7;aiiowe t n,•law,
IN WITNESS WHEREOF,the C o €panics hae caused this instrument to het suited and their corporate teals to be hereto affixed,this .
8th
dayof lune 006
-------------
Farmington Casualty Company. lit.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and{guaranty Insurance tralerwriters,Inc. Travelers Casualty and`!Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Patti Fare and Marine Insurance C'crrttpariv United States Fidelity and Guaranty Company �
�921
x�'�
a s .Caaa�. 1SEAL
G�'P,xW Nut w4'I« ''+.1....:• `.i.;, .�"'� r g A!t!
State,of Connecticut By: _...._.......... —
City of Hartford Ss. „Y age W ornp Son,sc f ,I'Vac President
On this the th.___.____..___..__. .. day of.J. n ?(X)Ci...... ................................................. before, ari4 I34rSC71:ally 4appeiared.CYGC)rt4 W.Tht')t77p3$G,YYa, who FaC",knc7wledg'CCI
himself to be the Senior Face President of Farmington Casualty Company. Fidelity and Guaranty insurance Company.Fidelity and Guaranty Insurance Irnderwri.t'ers,
Inc.,Seaboard Surety Company,St..Paul Fire"and Marine Insurance.Company,any,St.Paid Crua9rdi.a.n Insurance Company,St.Paul Mercury insurance C.ornpany,T'ravelers
Casualty £aia<a 5tarc.ty Company, IC#av's,vls Casualty aaaaC7 s`SllrG'.tV{'€2 n,taat;y {2;A,22eraC.a„iat.tf I..'t21te:I States Fidelity and Guaranty-C,.C7S2 pdi26,eaftCi illtarl4#:.,e.s sn<.1,.,1'e'I.n.a
authorized o ro do,exccui d the foregoing instrument for ate perp oscs tlmein contained by Signing on tx nalf o3 the corporations hY himself as a duly authorized offiiea'.
In Witness Whereof I hc-eunto aet In,%,hand and cof,ckd e al, 7[
yl, C'o ti.tas,? t.c,p>I:_. the stj[ nay of'un .?fy}t Ai '. ..c,a,e-,Nocn, i'tihh,
58440-9-05 Prtnted in U,S,A.
'WARNING:THIS POWER OF ATTORNEY IS(tt VALIU WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS[y ALIra WITHOUT T 7HR-RED BORDER
This Pcmcr cit Attorney is granted undef and b-- theauthority€f the following r_-cmutions adopted by the Board,of Dieecior-of 1 arm nymon Cc,uaft�t.;i i p<an; i id Etta
and ua.aa,tty hi,urarfcc Compan , Fidelm aa.:l GLIW-araf, lnsur-,ts0 I ndenis i.ea's, Inc.. Seaboard `Surae} Co pan St. Paul Zaire and �ctark_ .nsia,.+atcc C'oa ,,f.tf-
St. Pana!C u anfian Inmiranc�C`ompart-v.St.P<am Meice r, Insurca,ce C oat l an , fire ele s C'a,- aat-" €.a ct Sure-v,, C iaia3 aay, l.a. ��.r Cas aalt .t,a., Surety �.-;.�aaa� psi �
America. d United cd S ieltty and C u r i i C:3 nt n Ira h aea Sid sa>t are tx, c and cif""Cl, u 4 aaaal a y
RE SO v E t) than he Cha"-,nan,the t>c idea i t- vice C htairtrt inti Executive Vise Pre ident.anm, scniwVic- pres dent,pre3€3 Vice P-, a 0c€a , uoCc011 i
1 r�sidem,tree ie_,t?,c r,a n Asas€<am �re a,ur r,the Corporate Seo.ietaav c, .aril . ,.Figt ant Seci ary aria y aloin sa€airnec F,n- act and
�Agents�o act f.a .and iiia(,halt'
of tine C olnp<aat" t.tea may` give ;?acat terror«=nte such ata,3taat,t' a,Ira.orhe Le.Cifttae.t'oaf atat#t yaat ,rt ai- }7a't ;rib €a1 git,t ..fieri theta}r,r1 Company a,.,a..= ands seal :=,3tr,t ,v
t cstx;F-a,=, . ,elal bonds,rl-.cn3anirat:✓c,,comIO-:r t,of iric emmit".and.ober writings(:blit, tory in the 11atur of at bond.s,etn'r z.an'e,oF(_moll, 3.t<ar and as;,,
of,.a;d officer,;or th-Board Of Lair°' to„a at as r urne ritaii aenlove art} such app of lee an,revoke the power 1t11 CIL nut iii'rte..and it is
FL1RTHE R RE:tit)[,M),that this.C hair.a.an,thw Pres dent,any Vice C:hairanan,ativ Executive,Vice President,any Sc,:for Vico:.f .sil.ettt oranv y icy President it.ay
delegate all or any part cif the foregoing authority to one or more officers or employee,of this Company.provided that each such delegation is in Writing and a copy
thereof is filed in the office of the Secretary:and it is
FURTHER RESOI..VED,that any bond,recognizance,contract of indemnity,or writing obligatory in the,nature of as bond,recognizance,or conditional undertaking
shall be veal-id and binding upon the Company when(at)signed by the President,any Vice Chairman.any Executive Vice President,tiny Senior Vaca:.President or any Vice
president,any Second Vice President,the Treasurer,any Assistant.'Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested£in(]sealed With.the,
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(tinder Seal,if required)by one or more Attorrievs-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by erne or more. Company officers pursuant to i written delegation of aauthc.rity; and it is
FURTHER THE>R RFSOLVE D,than the sio natur ofeach Of the f jllou n.,officers:Presiden.,atriv Exc:ur,ve Vice President,linv airSenior Vice.Presidem,=tri; Vice Prat-sident.
any As,astai.t V:,c Pre.sklent,atry Secretary,any Assistant Secret.,;,and the sctai o -he,C'omnanv mav be affixed be tac irr.la, to arty po"k..a Of attorney or to..
.
cer.rfica w rc rating.hc ietza appointing,Breeden.L tc r_ra
- sdaapts,Resident As .aaaa.t Secretaries z)r .yttc>n ..,an-?roc aa_ pa p=„es vnl, ofe: a r"�and £w-.,tsa l bontis
and unclert kin and(steer r i eggs ohf rrtprl in thic nag aac s cl-M and.a nv such power rn aatt( , r cc c cafe Ilci 6ml 4, t E ,,: h , ='aa€iaa Or fai sic ii 5e aim ij?
rc saii+d and bindinIg upon the C ompam, and any such po Ner so eXCC1JtCd and certified by >uch tn_,and aignatute and.ac,inJIC seal,.ti=ll —,y azatd and!intf€n can the
c oni paa -.:p the a to ./it?a res peCt to anv brind or understandinI g to :hich it is attached,
a7a-
1,Kori M., hat.<a r the tan ac arra iFed Sal staaa3t S,,c,,t<ar of Farrnicilltffll CaAialvy C:c>mp ala;.Fidelity 1=act Guaranty iaa t C to..l
a Iia.>fi and Gmanlyltv 1111surance
L nderv,r tteis, Inc- Seaboard SLU-CI} C ornlf<aa a St. Paaa{ Ft and Marine Ir urance C(rolls n ySt. Pail! C,t a c a t 1n.surance C amp a a Si Rud $leer r insurance
C a.aalp>ar y araa:-ela ,C":i 11,11 y cit'Surety Ctitt 1pany, i"ra, e€ ra Casuaflty and Sant;Com <ariv of Amen"il,and='a a ear State,Fidelfty and Guarani,,a s on a a,y,do s�reb%
ccrfifv that the above and tai {traria;i,a„ire and correct s a copy of tate f't>,+.er of'Atiorney c xeemed by said C ntaf_,anice,which is in full a .,e and l et'lect and has not been
re.'t>f4ec.
IN TESTIMONY WHEREOF,1 he e he re€m i set riiv hand and aaffi led the Aegis of said Ct n--aeries thi- 6 1,,, tai OCTOBER mo 06
f
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Kori 1t.Johiat't" r<,i..a Lit Ser o g-N
vas:�s�pa. czri, -:r.s 4'� - uL9 a* u ,�. �;,••y.u,� .,:�sy ��yiiYA
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a f
'To verify the authenticity of this Power ofAttorney,call 1-8(x)-421-+880 or contact us at Www.vtpaultiaiv lersbottcl.cont.please refer to the Attorney—In—Fact number.
the above-named individuals and the details of'the bond to which the power is attached.
WARNING.THIS POWER OF ArT C NEY aS(t;J°JAUD WITHOUTTHE RED BORDER
CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH
DAVIS BACON AND RELATED ACT REQUIREMENTS
as prime Contractor for Contract No. 245231-7270,
hereby make the following certification acknowledgment with respect to the applicability of Davis-Bacon and Related
Acts Requirements:
1) By entering into this contract, I certify that I acknowledge that the above referenced project is federally funded
and I am solely responsible for complying with the of Davis-Bacon and Related Acts Requirements; and,
2) The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under
this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the
current and applicable Federal Wage Determination.If no Federal work classification appears to apply,prime
Contractor shall make written request to County=to obtain applicable work classification and wage rates prior
to start of construction. When the same classification appears in both the Federal and State wage decisions,
the higher wage must be paid for that classification. The prime Contractor is responsible for ensuring
subcontractor compliance with of Davis-Bacon and Related Acts Requirements,
Signature, Prime Contractor
Title (Owner or President)
Date �° __
^
Provisions
U.S.Department of Housing
and Urban Development
Office o4Labor Relations
Applicability
The project orProgram to which the construction work covered
this appropriate),eepo�«fUmaudon�akenshsUbou*n�byHUDov
-' its designee to the Administrator ofthe Wage and Hour Divim|on
America and the huUowing Federal Labor Standards Provisions Employment Standards AdminimLraUon U.S. Department of —`
awe|ndudedinthis Cnnt�o pursuant tothe pmvis/onaapplicable bo�VVaeh|ng1on. 021O TheAdm|' ia -'��oronau�hndu=
to such Federal assistance. D.C.' � Administrator, ��u
' nopeoentat/ve.will approve,modify,ordisapprove every additional
A. 1. (1) Minimum Wages. All laborers and mechanics em- classification action within 3Odays ofreceipt and aoadvise HUD
p|uyedorworking upon the site ofthe work will bepaid uncond[- orits designee orwill notify HUD nrIts designee within the 80'day
t/onaUyand not less often than once mweek, and without ouboo' period that additional time |nnecessary. (Approved bythe Office
qumntdedoction or rebate on any account (except such payroll of Management and Budget under OMB control number 1216-
deduoi/onsmmare permitted byregulations issued bythe Seuro- 0140j
tary of Labor under the Copeland Act (20 OFR Part 3), the full (c) |nthe event the contractor, the laborers u/mechanics bobe
amount ufwages and bona fide fringe benefits (or cash nquivm- employed in the classification nrtheir mapnemenhotkma and HUD
lents thereof) U
duo at of payment computed at notoo not less or its designee do not eQn*o on the proposed c|emo|fi'c^u—on and
than those contained In the wage determination of the Secretary wage �o (including the amount designated for fringe ven"ofito
nfLabor vvh|oh is attached hereto and made opa� hereof, m- where appropriate), HUD orits deaigneoehaUm8orthequeon»»o'
'
gavd|emmnfany oont �tuafve|�d|nnmh|pwh|ohmoybeuUegod�o indudingthe views
'ofoUinterested po�ieaand the mc
m »wx'
em|ot between the contractor and such laborers and mechanics. tion of HUD or its designee, to the Administrator vm
rihr o"|o«-
ContribuUonomadeurcoatamoonnab|yunhoipatedfurbonafido hon. TheAdministmtocor~nauthorized mpms*n�t�v' wmu-
�ov»'�r
fr|ngebenefits under Section |(b)(2) ofthe Davis-Bacon Act nn sue ad*torminebwithin~`days ofreceipt and anadvise HUD
behalf o/ laborers ormechanics are considered wages paid tu orits designee orwill notify HUD o/its designee wkhi
such laborers -or nubjedtothe pmvioionaof23CFR pododthat additional bm*+ m 1 ''"'�av-omy
5'5(a)(1)(iw); m|a». ragu|ur 'r�dboUmno madn ur nuoto inoincurred of Managementegnment —'~ Bnecessary. (APP'»vad bydm OOffice(nrmorothanaweeNyp*hod (mtncd/eoaoftondhanqua�ady) 0140.) ~~y~` ~''~�' OMB Control" Number /c/o-
undorp|ano.fundo.orprugmmn,wh|choovertheparhou|orweekly
period, are deemed �obeoon/gru���e{ymedoorinnurmd during (d) The wage rate (including fringe benefits where appropriate)
auohwmek|yperiod. determined Pum«unt»nsubparagraphs(1)(ii)(b)ur(c)oythis pa�-
Gu»h |ubommmndmenhmn�caohoUbepo�d�heappmpd,�awoQe graph,»hoUbeipaid tnaUworkers pe�orm{ngwork inthe n|aam��
mh*ondf/inQebnne0Caonthewogodeterm{naUunforth*damoi noo«n«noe'�na«ontm���mm�hefim�dayon�h�hworb�op��
- formed inthe duaaVioadon
fkmdonofwork a/�uo/|ype�ormad.without mgardtookU| except �
as provided |n29C�R5.5(a)(4). Labo»emormeob�n�omper (ill) VVhenev*rthe minimum wagungepnuoohbedin�heoun�a�
brming*wrkinmom�hanunnc|uoaifimg/unmaybecomp`'nookad k/raclass of|abommormechanics inohdenafringe benefit wh�h
cdthe mtoapeui�ndfor each o|emmhioat|unfor the time actuallythe benefit ion��»«P*aouedaoanh»odYua�. �hecon�motmrehaUeiihe'pay
»vorked therein: Provided, That the employer's papayroll ~records benefitou stated i» #h* �mAa determination urahoU payan-
�no«mte/yam�(orth�hetimampontinoacho|aeaiUoationih{oh �he'bona fide h|nAebe»o�toranhoudycash*qu�a|entLhoreu�
work is performed. The wage determination (including any add|- (i«) If the contractor does not make payments to o trustee or
tiona| c|oeoiboadon and wage m1em conformed under 29 CFR other third Pemon, the contractor may consider as part ofthe
5'5(a)(1)(/i)and the Davis-Bacon poster(NH'1321)shall b*posted wages ofany laborer urmechanic the amount ofany costs ma'
otaUUmeabytheoontnoctoranditoauboantnsctomegthnaiteof eo»ablYanticipated |nproviding bona fide fringe benefits under m
the work inaprominent and accessible, place where itcan ba plan«rprogram,Provided,That the Secretary u/Labor has found,
easily seen bythe'worknm. upon the written request ofthe contractor,that the applicable oUsn'
(ii) (a) Any class of laborers or mechanics which is not listed in dards of the Davis-Bacon Act have been met. The Secretary of
the mmgu determination and which Is to be employed under the Labor may require the contractor toset aside /n a n*pum10 ac-
contract shall be classified in conformance with the wage deter-
o'non1mctahaUbeolaosifiedinconhormmnc* w(th1hewmQ* deter- count assets for the meeting ofobligations under the plan orpro-
minedon' HUD shall approve onadditional classification and wage gram.(Approved bythe Office ofManagement and Budget under
rate and fringe benefits therefor only when the following criteria OMB Control Number 1215-0140.)
have been met: 2. Withholding. HUD orIts designee shall upon Its own action or
(1) The work km be performed bythe o|aso/Oomdun requested is upon written request of an authorized representative of the De-
partment
m~
n«�P«�orm�dbyeo|amm|0o�don |nth� wugede�orm|nadonamd po�mnnntc�Lmbor«vithhoNorumuoetob*wkhhe/dfromthenon-
' tractor under this contract orany other Federal contract with the
(2) The classification Is utilized in the area by the construction same prime contractor, nronyother FedenaUyuso|atedcont��
industry; -
. subject toDavis-Bacon prevailing wage requirements, which |o
(Q) The proposed wage mUa. including any bona fide fringe ben- held by the same prime contractor so much of the accrued pay-
efhm, bears namaoneNe relationship tuthe wage rates contained men|n or advances as may be considered necessary to pay la-
in the wage determination. borers and mechanics, including apprentices, trainees and he|p'
(b) If the contractor and the |abuem and mechanics to be *m- a'w, employed by the contractor or any subcontractor the full
p|oyed in the o|mua0cadon (|f knmwn), or their representatives, amount ofwages required by the contract. In the event o/failure
and HUD orits designee agree onthe classification and wage hzpay any laborer urmechanic, including any apprentice,trainee
rate (including the amount designated for fringe benefits where «/helper, employed orworking unthe site ofthe work,all orpart
~ r "
ofthe wages required bythe contract, HUD mits designee may, period has been paid the full weekly wages eamedwithout re-
after
wd�ennoduatu�euord�o�[aponao�app|�on�nrmmnm� baba.aKherdi,e��or|ncUm��andthagno -deductions
mum
hakoeuchaoUonammoybenoceosary0000uaeLheauspano|on made adherd|necUyorindirac�hnmthe foUwages
^ ^~~="°="
earned,
oYanyfurLhe/poyment.advonua,o,guamntomoifundaunU|uoch than permissible d*duo#uneaaset 0o�h |n29CFR ~^''~'
- ~`"'violations have oaamod HUD or its designee me8 a�or wr|�en (3) Th� each laborer o' mechanic has been paid not less
than
notice tu the contractor, d|mbumo such amounts withheld for and the app|iuob|ewmQem&maandh|ngebenof{tmoroaohequivalents
»naccount of the contractor for the classification of work performed,as specified in the appli-
employees to whom they are due. The Comptroller General shall
cable wage determination incorporated into th contract.
makesuohd|abumomentuinthecaaeofdipectDov|a-BacnnA�� e
contracts. (c) The weekly submission of aproperty executed certification
set forth on the reverse side ofOptional Form VH'847aheU sat-
3. (/) Payrolls and basic rmcmrds' poymUu and basic records iofythm requirement for submission of the"Statement ofCump|i-
m|at(nA thereto shall bemaintained bythenomtracturdudngthe anoo"required bysubparagraph A' (|i)(b)'cou
course the work preserved for aperiod nfthree years thar*of-
(w) Thefa|m|
ter for all laborers and mechanics working at the site ofthe work. Oc�do»c�mnyof�heabnveco�/Oomtionomaymubj�oi
thm �on
�uch renurdaohmUconte|nth� name, addmma' andnoo}e{ ueocontractor o' oubn«»tnact r *m civilo� orim|na| prosecution
r|tynumber ofeach such mmrko� hiaurheroonootc|mea|Uoation, under Secdun1OO1 ofTd|e18and Section 231 nfT|Ue81ofthe
houdyn�eoofwages paid(including n�maufcontdbuUonooroo�a Unhod8��emOode.
anticipated for bona fide fringe benefits nrcash equivalents thereof (!it) The contractor orsubcontractor shall make the records re-
of the types described in Section |(b)(2)(B) of the Davis-bacon qu|md under subparagraph A.8.(U available for inspection, copy-
Act),daily and weekly number of hours worked,deductions made
upy-Aot).dei|yendweekiynumb*rofhoumwmrked,deduct|nnnmade inA. ortranscription byauthorized representatives ofHUD orits
and actual wages paid. Whenever the Secretary of Labor has designee orthe Department ofLabor, and shall permit such rep-
found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or »maentati«eutointerview employees during working hours onthe
mechanic include the amount ofany costs reasonably anticipated ]ob. !fthe contractor nrsubcontractor falls tosubmit the required
|nproviding benefits under aplan orprogram described inSec- records ortomake them available,HUD urits designee may,after
tion |(b)(2)(B) ofthe Davis-Bacon Act, the contractor shall main- written notice tothe contractor, sponsor, applicant o/owner,take
to|nrecords which show that the commitment toprovide such such action oamay benecessary tmcause the suspension ofany
benefits is enforceable,that the plan or program is financially m- further payment, odvanue, or guarantee of funds. FuMhormom,
opona|b|e, and that the plan orprogram has been communicated failure 10submit the required records upon request oriomake
inwriting 0othe laborers nrmechanics affected,and records which such records available may bagrounds for debarment action pup
ahmwdhmcoateanUoipatedortheactua|oostinnunod/npmv|d|ng suant8o28CFR 5.12.
such benefits. Contractors employing appnoodoen or trainees 4. Apprentices and7raineem
under approved programs shall maintain written evidence of the '
programs
�Q/etoti»ncdappent�eehippmgnamoand oa�if|cuUnnuftminem (U Apprentices. APPpanUcee �iUbeparmi�ed �nwn,kst|eoo
programs, the registration of Uhe apprentices end haineee �nd tha» th* predetermined rate fn'the �ork �hoy performed when
the ratios and wage rates prescribed |nthomppUceb|oprng'� o` they are employed pursuant to and individually registered in m
�APPn�»ed by the 0M{canfW1�nagemen�and Budget under~K8-~ pab»na Ude apprenticeship program registered with the U.S. De-
(Approved
Numbers ��15-0140 and 1215-OO17�) �mmntoyLabo� Employment Administration, O�
{ioeofApprenticeship Treinin~g'~Employer and Labor Services,o
/(it) (m) The contractor shall submit weekly for each week|nwhich with aState Apprenticeship Agency recognized bythe Office,"rif
any contract work ioperformed acopy ofall payrolls tuHUD urits operson imemployed |nhis o' her first 90 days of probationary
designee if the agency is a party to the contract,but if the agency employment asonapprentice| such anapprenticeship program,
|o not such a party, the contractor will submit the payrolls to the who is not individually registered /n the program, but who has
applicant sponsor,orowner,amthe case may be,for transmission been certified bythe Office^^ Apprenticeship Training, Empm»v'toHUDnri1adeeignea' The payrolls submitted shall set out ac- and Labor Services ora State Apprenticeship Agency (wheraounate|yendnomp(ohe|yaUcdthainhrmaUon required kbemain- appropriate) to be eligible for probationary employment an anCa|nedunder2ROFR5.5(a)(3)(i).Thioinhormodonmayboaubm|t- apprentice. The-Unwmb|enahoofappmnti00000]oumeymenontod in any form desired. Optional FurmVH`S47 iaavailable br the job site inany craft classification shall not ba greater dhantheih|npurPnoeandmmy -_ purcha*odfrnmth" Sop*rint*. "ontn/
ratio permitted mothe contractor ootmthe entire work force under
Documents(Federal Stock Number O23'0OG-0OU14-1). U.8.Gov- the registered program. Any worker listed onapayroll mtanA
�
*rnmmnt PhndngOffice,VVaehington. DC2O4O2. The prime con- prenOoewage �— w
t �haionm4mogio<oredorothonw|a�omp| »ev
"*�
tractor |oresponsible for the submission ufcopies efpayrolls by amstated obov*, ~^aUbepaid not less than the app|kmb|ewage
aUmubcmn�aohm,s. (AppmManagement rate on the wage determinationfor the classification ofwork apu
BudgetmnderOK4BConbnl Number 1215-0149.) a|h/ performed. In addition, any apprentice performing mm ' on
(b) Each payroll submitted shall be accompanied by u "State- the job site In excess of the ratio permitted under the registered
-
m*n1nfCnmpUunum,"signed bythe contractor orsubcontractor or program shall bepaid not less than the applicable wage m �� on
his urher agent who pays orsupervises the payment oythe per- the wage determination for the work actually performed. Where
-
sons employed under the contract and shall certify the following: contractor|yperforming construction on aproject|nalocality other
(1) That the payroll for the payroll period contains the information than that in which its PmQmm is n+g|stmred, the nuUoo and wage
required to be maintained under 29 CFR 5.5 (e)(3)(1) and that rotes (expressed in percentages of the journeyman's hourly rate)
such information |mcorrect and complete; specified|nthe contractor's orsubcontractor's registered program
(2) That each |aboerormechanic (including each helper, ap
shall be observed. Every apprentice must be paid at not |�em
P/ent/oe.and trainee)employed anthe contract dudngthe peym- �h�n �hmr��euPenifi*d |» thereg/mterodprogram �or �ha
" apprentice's level of progmyo, expressed as u percentage of the
^ p ^
| journeymen hourly rate specified in the applicable wage determi- 7. Contract termination; debarment. Abreach of the contract
� noUun. Apprentices shall bepaid fringe benefits in accordance clauses|n2ACFR 55may begrounds for Uarm|nmUono/the xon'
sdhthep/ovaiononftheeppnenUceah|ppmQmm. |fMheappnen' �moand for debarment aaacontractor and osubcontractor aa
uoeahipprogram does not specify fringe benefits,apprentices must provided )n2QCFR ~^�' 1�
bopaid the y�bonnon�fhUngebenehtolisted onthe wage dete� 8^ CompUancewith
---aco*ondRedatedActRequivements
.,na""" "x o/uapp�mo/ememomcunn
un. tkeAUm(n{nb �
� /de' AU rulings end interpretations of the DoWu'8000n and Related
termines a different practice prevails for the applicable ap Acts contained m 2n*di
pmrk�e classification, fringes shall be paid In accordance with �� reference i» unn per� 1^ 3. and 5 are h*m� |ncorpo-
that determ/na�on. |nthe event the Off ice ofAppnendcoohip�a/n- n /n/s«»nzrao�
Apprenticeshipg^ Disputes comoemnin�/ehmrmtmnd��do' Diaputeaodminguu�
|mg. Employer and Labor Services, ur m State App
of
Agency moogn|zodbythe Office, withdraws approval nfanup' �a»dardaPm«(ai«na��th|econ�mc�ohaUnutb�aub-
PrenUceohippmuQr�m' thecontxmoburwU| no |ongo/ b* �arm��*d 1enttothe general disputes dauoenfthis contmcLSuch disputes
to utilize apprmntineo ot }�me �hun the �pp|ioab/a predetermined shall be resolved In accordance with the procedures of the De-
rater
h/ theworkpo��rme� und| enaucept»Nepmgnam /epa�me»tofLabor set forth in2SCFR Pada5, G,and 7.Disputes
ap-
proved. within the meaning of this clause Include disputes between the
(��� T'��wm�n. Exoep�ampmv[ded |n �gO�R516 trainees will contractor(or any ofits eubcontmoMom)and HUD urIts designee,
not be permitted to work at|mam than the predetermined
rate for the U.S. Department of Labor, or the employees or their repe-
th� wmrkpe�nrmed unless they are employed pursuant
uan� �o and o»ntaU«»u'
individually registered in a program which has 'received pdnrap- 10' (1) Certification of Eligibility. By entering into this nuntnsu
Pm«a|, ovidencedby ��rma| o*�|Oo�gionby�heU.8� Depar��nnt hha«»n�u�«h�roe�i�i»n�h�gnei�hori�(n�rheurohe)noranypo-
ofLab«� �mp|oymen� and �a|n�ngAdm|nia�xm�on. The ratio of aonmrfirm�hohoaa»in0*mn��nMheoun�mNmr��rm�aap*mon
Uaineaatojourneymen onthe job mke «huUnot bagreater than »r�'mi»eUQib|ot»bea�a»dmdGovmrnmon�oontoa�obyvi�ueuf
pe/mi�odunder the plan appmvedbythe Employment and�a/n' Ga��(»n3(m)of�heDa«|n-BononAo or28CFR5�12(a)(1)ortobm
ingAdminiato�/un. Ev�ry�m�n*emuatb« pe{da* n�� (eou �han awa»dedHUDnuntm�aorparUo/pateinHUDpmgmmopumuant
the rate epani8*d )nthe appmvodpmgmmbrthe trainee's level
0m24�FRpa�24'
ofprogress,expressed onmpercentage oythe journeyman hourly (ii) N»part nf this contract shall besubcontracted hmany person
rate upeuih*din1heappUcab/e*agedebermineginn. 7imin*naohaU arhrmin*|ig|b|eMrrmmoodofaGovornmnnLountmctbyvi^virtue of
be paid fringe benefits in accordance with the provisions of the Section53(e)ofD/oDevia'BaoonA��or2SC�H12(s)(1)"` =be
trainee program. |fthe trainee pm0ramdoes not menUonh/nAa awarded HUD conLm�� �
oorpartioipainHUDp-'`0mmup"'"""nt
benefits, trainees shall bepaid the full amount offringe benefits h»24CFR Part O4.
listed onthe wage determination unless the Administrator ofthe (iii) The penalty for making false statements inprescribed|nth
vvogu and Hour Division determines that there in an apprentice- U.S. Criminal Codn, 18 U.S.C. 001 Additionally, U.S.Criminal
nmpprogram aoaoui�edwith the corresponding/ourneymoowage Oudo Section lO10 Title
^Fedem|Hou Housing | ia/
nuteonthemmgedetermina�onwh|nhpmvideofor|eamthanfuU totio' txmnam�iono^ 'p��d=^ i-p--���hoovock`amQ m»o-
mngmbenoUtafor eppmnbooe. Any employee U�edonthe pay- of influencingi ' provides '' �''' 'r»apu/pma«
»mUotet'oin«entowhnian/tregi�o»edandpa�/cipatinginu m ' u�enao » anywoyt»oacdo»n(eu«hAdm�n�aLnation...-
Uaini»gP{anePPmvedbytheEmp|nymentond�ain|ngAdminie ta«^�u' ehaUzrPuooa»eaa»ym\a�eme»�kn«w/ngthaoametabe
tnaho»ahoU be paid not less than the appUoab|ewage m0eonth' more
''' �mo» nn�« »»� more than $�.00O or imprisoned not
»maQ* determination for the work an�oUypedbrmod In addition, ope '»an Ymum. orb��h.^
any trainee pm�ormingwork onthe job site inoxc-- cfthe m��^ 11` �om�!eintm' pn»oeed�nge" o�T�mbmonyby �mp|oyee�^
Pe/mi�edundarthemgioteedpmgmmahaUbepo~~~u�|eoath"" N»laborer ormechanic t»whom the wage, aa|arKnrother labor
th*app|�oub/ewegemteonthexmgede�armineU-^'~r�b* ^a" standards provisions ofthis Contmctare applicable ehaUbndia-
��umUype�armod. |n the event the Employment and
charged o'i»any other manner dimndminatedagainst bythe Con-
Adm|niakahonw/�hdn�womppnme|o�aUuiningprogram,'- ~~ the con-
tractor«/any subcontractor because such employee has�!odany
tractor will no�ongorha permitted �o uUU���mminms ~~- comP|ainto/ineUt«h*d orcaused&o be|neUtotedany pmoeeding
th*app[kmNepnod�*nn|nod��hmrthaxmMk---- --~u~ ~'`^ «rhas t*aM8od »' � about Vmueabf inany pmueed|ngunder ov
acceptable program is approved. performed until an relating to the labor standards applicable under this Contract to
his employer.
(KW) Equal employment opportunity. The utilization cf appnen-
ticae, trainees and journeymen under 29 UFR Part mhoU be in
conformdym/kh �hmequo| emp|oym*n� oppo�un|�ynoquimmwnte B. Cwmtmm«t Work Hours and Saf�yStamdan� Awt The pmW-
oYExecotkmOrder 11248. aaamended, and 2gCFR po�gO. m/nne ��1h� Pa���Ph � eneapp|k�b/eon� whem �eamnuntof
�` �mnm�0mn�wvw8����e�m���u�m*�u���mm�mk� Thamon�mn_ theP�m«mord��exceeds*18O'O[0' Asused/nthis pamgmph,the
to'�hoU�omp/�vv/�h�herequimm*ntoo���O�Rp`�3�h(oha»m terms�a»�m*m~and"nechon�s"Include watchmen and gum�o'
incorporated byreference inthis contract (1) Overtime requirements. Nncontractor orsubcontractor con
G` �u��mntna��a' Thocontm��r�roubopntnambrmdU |nam� in �acdngfor any pa�«fthe o»»�a�work wh�hmay mqu|morinvokm
a»Y �ubovn�mo�o �he c/�u�eo oovta|nod in subparagraphs 1 the employment«f/ebommnrmechanics ahaUnnquimornonn�any
tbmuQh11of�h|mpaneQmphAendmochod/oro|au�amaaHUDnr such �bmm' o/ mmohan� i» any workweek inwh�hheorshe �
hadea}gnewmaybyappmpde�a |nn�ru��k�namqu|m andacupy »mPbyed»nsuch work 0mwork|nexcess nf4Uhuuminsuch wmd�
ofthe appUooN� pmmaH�ngwmge�ec�u|nn, andm|an'aduusens_ weekunk�mmmoh |ab»e'orm»«hm»��ne�epcumpenauOonata
4u(dng �heuubuontmsc1um �oinc|udeMhumeohaumeoinaoy |owmr �mnot less than one and»nm'handmesthe bas�m8mcdpay tnall
tier eubcont'm��. Thepdmeountnackz/nhaUbomapone/b|eyor Uqummm'�dinexcess of4Ohoum|nsuch workweek.
the cmmpUanuebyany subcontractor orlower Uerouboontm�ur (2) V|o/aO��/|��bi|byf�runpoi�vx��ns:Uqoidat�ddama�ea.
with all the contract clauses in this paragraph, In the event of any violation of the clause met forth in subpar*-
^
graph (1)of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor msubcontractor shall insert
responsible therefor shall beliable for the unpaid wages. |nuddi- |nany subcontracts the clauses set forth in subparagraph (1)
don,such contractor and subcontractor shall be||aWm to the United through(4)of this paragraph and also a clause requiring the sub-
States(in the case of work done under contract for the District of
ub'Stsgeu(in\hecaaoofworkdonoondercon1mutfortheDimidctoY contractors toinclude these clauses inany lower tier subcontracts.
Columbia or a territory; to such District or to such territory). for The prime contractor shall be responsible for compliance by any
liquidated damages. Such liquidated damages shall becomputed subcontractor orlower tier subcontractor with the clauses set forth
with respect to each individual laborer or mechanio, including in subparagraphs (1) through (4) of this paragraph.
watchmen and guards, employed /nviolation ofthe clause set C. Health and Safety. The provisions ofthis paragraph Care ap~
iorthinmubpanagmph (1) cf0h/mpamgnaph, |ntheaumof*1Ufnr p||oab|eonly where the amount ofthe prime contract exceeds
each calendar day nnwhich such individual was required orpermit- $100,000.
ted towork|nexcess mfth*atandnrdwmdwo k�4Uhou�whhu� (1) Nolaborer or
pmymmrdofthe merUmevwagemmqu|redbythe mechanic shall b�equiredbu�orkinourmund-
- ingo orundmrwmrhinQ conditions which mm unsanitary, hazard-
sub
penagmph (1)cdth|opamQnaph. oen eq\
nue, ordangerous tohis health and safety audetermined under
(3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated bythe Sec-
HUD or its designee ehoU upon Its own action or upon written mtaryofLabor by rwQu|oUun.
requeotofaneuthndzodnepn*mentaUxenYtheDmporhnentofLu-
(2) The Ount'm
bo'»«ithhu|du, cause tobowithheld, fmmany moneys payable �or»heU»omp|ywithaUmgu{mt|onoimuuedbythm
on annount��wmrh performed by�h�cor�m��ororuubnon�na�nr Secretary of Labor pursuant tnTiUe 2B Part 132O and failure kn
comply may
«nde' any such nnnt�oorany other Federal contract with the m*u|tinimPnoiUonofoanci|onmpumuant�oth��on-
tract Work Hours and SohmtyGusndamdaAm 40 USC 3701 et seq.
same prime contract, or any mherFedmnaDy-aun|atod contract '
subject to the Contract VYndk Hours and Safety Standards Act (3) The Contractor shall include the provisions of this para-
which is held by the same prime contractor such sums as may be
oo+whiohiahe|dbyMh*aamepr|meuontmNoreuchmumaaemaybo graph inevery subcontract aothat such provisions will bo
determined tubenecessary&msatisfy any liabilities u/such con- binding »» each subcontractor. The Contractor shall take such
tractor orsubcontractor for unpaid wages and liquidated damages action with respect toany subcontract aathe Secretary of
as provided in the clause ant forth in subparagraph (2) of this Housing and Urban Development orthe Secretary cdLabor
paragraph. shall direct uummeans denforcing such provisions.
� ✓ F
ESCROW AGREEMENT FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
This Escrow Agreement is made and entered into this 5`� day of December,2006,by and between,S16
City of Redlands hereinafter called"OWNER"or"District whose address is 35 Caion Street Ste 20
Redlands CA and GC Builders Inc. whose address is 11023 Eucalyptus Street,Rancho Cucamonga, CA
91730 hereinafter called"Contractor"and PFF Bank&Trust whose address is 11343 Base Line Road,
Rancho Cucamonga, CA. 91730,hereinafter called"Escrow Agent".
For the consideration hereinafter set forth,the OWNER,CONTRACTOR and Escrow Agent agree as
follows:
(1) Pursuant to section 22300 of the Public Contract Code of the State of California,CONTRACTOR
has the option to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by OWNER pursuant to the Construction Contract entered into between
the OWNER and CONTRACTOR for Boys and Girls Club of Redlands in the amount of
83,719,181.00 dated October 2,2006 (hereinafter referred to as the"Contract"). Alternatively,
on written request of the contractor,the OWNER shall make payments of the retention earnings
directly to the escrow agent. When CONTRACTOR deposits the securities as a substitute for
Contract earnings,the Escrow Agent shall notify the OWNER within ten(10)days of deposit.
The market value of the securities at the time of the substitution shall be at least equal to the cash
amount then required to be withheld as retention under the terms of the Contract between the
OWNER and CONTRACTOR. Securities shall be held in the name of GC Builders Inc. and shall
designate the CONTRACTOR as beneficial OWNER.
(2) The OWNER shall make progress payments to the CONTRACTOR for such funds which
otherwise would be withheld from progress payments pursuant to the Contract provisions,
provided that the Escrow Agent held securities in the form and amount specified above.
(3) When the OWNER makes payments of retentions earned directly to the Escrow Agent,The
Escrow Agent shall held them for the benefit of the Contractor until such time as the escrow
created under this contract is terminated. The Contractor may direct the investment of the
payments into securities. All terms and conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the OWNER pays the
Escrow Agent directly.
(4) CONTRACTOR shall be responsible for paying all fees for the expenses incurred by Escrow
Agent in administering the Escrow Account and all expenses of the OWNER. These expenses and
payment terms shall be determined by the OWNER,CONTRACTOR AND Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest
earned on that interest shall be for the sole account of CONTRACTOR and shall be subject to
withdrawal by CONTRACTOR at any time and from time to time without notice to the OWNER.
(6) CONTRACTOR shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from the
OWNER to the Escrow Agent that OWNER consents to the withdrawal of the amount sought to
be withdrawn by CONTRACTOR.
(7) The OWNER shall have a right to draw upon the securities in the event of default by the
CONTRACTOR. Upon seven(7)days' written notice to the Escrow Agent from the OWNER of
the default,the Escrow Agent shall immediately convert the securities to cash and shall distribute
the cash as instructed by the OWNER.
(8) Upon receipt of written notification from the OWNER certifying that the Contract is final and
complete,and that the CONTRACTOR has complied with all requirements and procedures
applicable to the Contract,Escrow Agent shall release to CONTRACTOR all .securities and
interest on deposit less escrow fees and charges to the Escrow Account. The escrow shall be
closed immediately upon disbursement of all moneys and securities on deposit and payment of
fees and charges.
(9) Escrow Agent shall rely on the written notifications from the OWNER and the CONTRACTOR
pursuant to Sections(5)and(8), inclusive,of this agreement and the OWNER and
CONTRACTOR shall hold Escrow Agent harmless from Escrow Agent's release and
disbursement of the securities and interest as set forth above.
(10)The names of the persons who are authorized to give written notice or to receive written notice on
behalf of the OWNER and on behalf of CONTRACTOR in connection with the foregoing,and
exemplars of their respective signatures are as follows:
On behalf of Owner: ATTEST:
Mayor,City of Redlands City Clerk, City of Redlands
Title Title
Jon HarrisoA Lorrie Poyzer
NameNaate--,,,
Si �itore Signdture i
"-3rcajpn Street, Ste.20,Redlands,CA 92373
Address
On behalf of Contractor:
President
Title
George R. Gledson
Name
5�19nature
11023 Eucalyptus Street,Rancho Cucamonga,CA 91730
Address
On behalf of Escrow Agent
Vice President Private Banking/Major Relationships
Title
Scott Austin
Sign e
940 Milliken Avenue,Rancho Cucamonga,CA 91730
AAdress
At the time the Escrow Account is opened,the OWNER and CONTRACTOR shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
In WITNESS WHEREOF,the parties have executed this Agreement by their proper officers on the date set
forth above.
OWNER ATTEST:
Mayor,City of Redlands City Clerk, City of Redlands
Title Titie
Jon Harrison Lorrie Poyzer
Signature S�qnature,'
CONTRACTOR
President
Title
George R. Gledson
Name
Signature