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AGREEMENT
THIS AGREEMENT, made and entered into this 7'day of October, 2008, 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 Hinkley and Associates,Inc.,of the City of Highland,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:
I. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform
construction of Police Dispatch Center Tenant Improvements project, complete, all as shown, specified, and
made a part of Contract No. 251202-7270/41.102.
2. For the Contract Sum of$76,500.00,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 for 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 twenty(20)work days from and after 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 under this contract.
S. 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 under
this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance
maintained 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
(commencing with Section 20104). All claims shall be in writing and include the documents necessary to
substantiate the claim. Nothing in subdivision (a)of the Public Contracts Code Section 20104.2 shall extend
the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor.
Pursuant 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 1777.1 and/or 1777.7 and certify,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 binding 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 legal
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 shalf be deemed stricken,and all remaining provisions shall continue to be valid and binding upon
the City and Contractor.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
CITY SEAL
l
By:
Ma r,City ofedlands
unty of San Bernar
ATTEST: dino,California
City Clerk,City of Red] ' dst
County of San Bern a �alifornia
Hinkley and Associates, Inc
Name of Contractor
CONTRACTOR SEAL By; ax "
Sie of Authoriz Agent
Signatory's Title
Signature of Authorized Agent (f necessary)
Signatory's Title (if necessary)
760789
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
POLICE DISPATCH CENTER TENANT IMPROVEMENTS
CONTRACT No. 251202-7270141102
Every employer except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly authorized to write
compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an
individual employer or as one employer in a group of employers, which may be given upon furnishing
proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured.
against liability for 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)
0
Date
Hinkley and Associates Inc
Name of Contractor
By: = y - '
Sura of Authori Agent
�'
Signatory's Title
760789
Contractor's License No.
P
Premium for contract term and is Bond No. 12036340Premium: $1,530.00
subject to adjustment based on Issued in six original counterparts
final contract price PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City"),and
Hinkley and Associates, Inc., (hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements,which by said agreement dated
October 7,2008, and identified as Contract No.251202-7270141102, is hereby referred to and made 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 faithful performance bond with the City,
NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the
City in the sum of Seventy Six Thousand Five Hundred and 00/1.00 dolly($76,500.00 )
for the payment of which sum well and truly to be made, we bind ourselves,our heirs, successors, executors and
administrators,jointly and severally,firmly by these presents.
The condition ofthis obligation is such that ifthe above bounded Principal,his or her 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 said agreement and any alteration thereof made as therein provided;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 meaning,and shall defend,indemnify and save harmless the City,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 the face amount specified therefor,there shall be included
costs and reasonable 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 judgement 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 to be performed thereunder or the specifications accompanying the same shall in anywise
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 6th ,2008. Bond No. 12036340
Hinkley and Associates, Inc. (SEAL) The Guarantee Company of North America USA (,
Principal Surety
I tire
Signature Shaunna Burchfiel,Attorney-In-Fact
Address:1800 Sutter St., Suite 735
Concord,CA 94520
(Notarial Acknowledgments of Principal and Surety) Telephone: 925 ) 566-6040
State of California ACKNOWLEDGMENT
County of Los Angeles
On October 6th,200$
before me, Traci Larson,Notary Public
(insert name and title of the officer)
personally appeared Shaunna Burchfiel,Attorney-in-Fact
who proved to me on the basis of satisfactory evidence to be the Pe*14th
whose named i are
subscribed to the within instrument and acknowledge o me that heey executed the same in
his(e 'their authorized capacity), and that by hi /he /their signature on the instrument the
person); or the entity upon behalf of which the personoo 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. JR-ACI LARSON
Al
x' 'e
�M
953 `-
`, /rl I OS ANGELES CotMy Commission Expirqs J,P.,n
Signature-All
t (Seal) � a ..,�.
Premium for contract term and is Bond No. 12036340
Included in Performance Bond
subject to adjustment based on
final contract price PAYMENT BOND Issued in six original counterparts
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City"),and
Hinkley and Associates, Inc., (hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements, which by said agreement dated
October 7,2008;and identified as Contract No.251202-7270/41102, is hereby referred to and made 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 payment 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 and firmly bound unto the
City and al I contractors,subcontractors,laborers,materialmen,and any other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of
Seventy Six Thousand Five Hundred and 00/100 dollars($ 76,500.00 )for materials
furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to
such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above 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 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 be included in the judgement therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies
and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 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 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 to the work to be performed thereunder or the specifications accompanying the same shall 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 6th ,2008. Bond No, 12036340
Hinkley and Associates, Inc. (SEAL) The Guayantee Company of North America USA (SEAL
Princinai Surety
By. By:
re Signature Shaunna Burchfiel,Attorney-In-Fact
Address; 1800 Sutter St., Suite 735
Concord,CA 94520
(Notarial Acknowledgments of Principal and Surety) Telephone: (_ 925 ) 566-6040
State of California ACKNOWLEDGMENT
County of Los Angeles N
On October 6th, 2008
before me, Traci Larson,Notary Public
(insert name and title of the officer)
personally appeared Shaunna Burchfiel,Attorney-in-Fact
who proved to me on the basis of satisfactory evidence to be the person whose name�,a� i are
subs ribed to the within instrument and acknowledge o me that he/ h lthey executed the same in
his authorized capacity), and that by hi the /their signature on the instrument the
person), or the entity upon behalf of which the person(0) 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.
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Signature (Seal)
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
George Burefeel,Shaunna Burchfiel
Risk Transfer Associates Insurance Agency,Inc.
its true and lawful attomey(syin-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attorneys)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attomey-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and seated by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31"day of December 2003,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
.,eNTEE this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 13th day
C, CO of November,2007.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
o,� Jac
NAM /
f STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary
County of Oakland
On this 13th day of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
. R .. Notary Public,State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27, 2012 �Ll�
- Acting in Oakland County
1,Randal Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and.cathect copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
IN WIT$ES6 WHEREOF,`have thereunto set my hand and attached the seat of said Company this 6th day of October 2008
c
�� Randall Musselman,Secretary
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE N4 08305
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California,
The Guarantee Company of North America USA
Of Michigan , organized under the
laws of Michigan subject to its Articles oflncorporation or
other fundamental organizational documents,is hereby authorized to transact within the State,subject to
all provisions of this Certificate, the following classes of insurance:
Surety
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
Ml compliance with all,and not in violation of any,of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable,and as such laws and requirements now are,or may hereafter be changed or amended.
IN WITNESS WHEREOF,effective as of the 20th
day of December 2006 ,I have hereunto
set my hand and caused my official.seal to be affixed this
20th day of December 2006
John Garamendi
Insurance Commissioner
By J
Patricia K. taggs
for Richard D. Baum ,
Chief Deputy
!NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the
conditions contained herein.
MW M3 oto oma.
Recorded In official Records, County of San Bernardino
- LARRY WALKER �z 9:4466 AAMa
xGa.eaiw�,iryii
t Auditor/Controller — Recorder RC
RECORDING REQUESTED BY;
AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK Dock 2008-0549972 Titles: 1 Pages: 1
CITY OF REDLANDS Fees
00
35 CAJON STREET Ta7QS e.0e e. 0
P.O. BOX 3005 Other 0.08
PAID $0.88
REDLANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER SECTION GOVERNMENT10CODE
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 December 5, 2008
The work done was Police Dispatch Center Tenant Improvements, Contract No. 251202-7270/41102
7. The name of the contractor for such work of improvement was Hinkley and Associates, Inc., 6962 Boulder
Avenue, Highland, CA 92346; Contractor's License No. 760789; and Date of Contract was October 7,2008
8. The property 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: Fire Station 264/Emergency Operations Center
9. The street address of said property is 1270 W. Park Avenue, Redlands, CA 92374
Dated: December 5, 2008
Senior Civil Enginee
Municipal Utilities and Engineering Department City of Redlands
VERIFICATION
I, the undersigned, say I am the Municipal Utilities and Engineering Director 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 awn
knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 5, 2008, at Redlands, California
Municipal Utiliti s and Engineenin P
ir for
Municipal Utilities and Engineering Department,Cityc lands