HomeMy WebLinkAboutContracts & Agreements_40-2011_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This agreement for pump services for Well No. 41 ("Agreement") is made and entered
into as of this ja2 day of March, 2011 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City"), and Best Drilling and Pump Inc. ("Contractor"). City and
Contractor are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as
follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to supply pump equipment and pump services for City's
Well No. 41 (the "Services"), located at 800 West State Street in the City of Redlands
(the"Project Site").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses
required for the Services to be and shall not be debarred pursuant to Labor Code sections
1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are more particularly described in
Exhibit "A," which is attached hereto and incorporated hereinby this reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations
in the performance of the Services including, but not limited, to all applicable Labor
Code and prevailing wage laws and non-discrimination laws, including the Americans
with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing
rates of per them wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification, or type of worker needed to undertake
the Project are on file at City's Municipal Utilities and Engineering Department, located
at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands,
California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to
prevailing wages that City niay enforce such provisions by withholding payments to
Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2,4 If Contractor executes an agreement with a subcontractor to perforin any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1.771,
1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory
provisions establishing penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813.
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2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance,certifications, retention and inspection.
2,6 Contractor acknowledges that eight (8) hours constitutes a legal day's work, pursuant to
Labor Code section 181 O;
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775. 1776, 1777,5, 1813 and 1815.
-) 8 Contractor shall obtain, execute and deliver to City a Performance Bond and a Labor and
Materials Payment Bond, in the forms attached hereto as Exhibits "C" and"D."
2.9 Prior to commencement of any Services, Contractor shall provide Cit), with the
subcontractor information required by Public Contract Code section 4104.
2.10 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to
assign to City a]I rights, title and interest in and to all causes of action it may have under
section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter
2
(commencing with section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, ser-vices or materials pursuant to this
Agreement.
2.11 Contractor shall guarantee the Services against the use of defective materials or
workmanship for a period of(1) one year from the date specified in City's Notice of
Completion issued for the Services. City will endeavor to locate any errors or defective
materials or workmanship and call thein to the attention of Contractor as the services are
being performed, However, City is under no obligation to do so, and shall not be liable
because errors or defective material or workmanship by Contractor are not discovered by
City.
Any work that is rejected by City, shall be remedied, or removed and replaced., by
Contractor at Contractor's sole expense, with such work conforming to Exhibit "A" of this
Agreement. Any defective material or workmanship which may be discovered before final
acceptance, or within (1) one year from the date specified in the Notice of Completion, shall
be corrected immediately by Contractor at its sole expense, notwithstanding, that such
defective material or workmanship may have been overlooked by City in prior inspections.
City's -failure to inspect the Services at any stage of performance of the Services shall not
relieve, Contractor 'from its obligation to perform sound and reliable work as herein
described.
During the (1)one year warranty, period, should Contractor fail to remedy defective material
and/or workmanship, or to make replacements within five (5) days after written notice by
Cjty, City may make such repairs and replacements and the actual cost of the required labor
and materials shall be chargeable to and payable by Contractor,
Nothing in this section shall be construed to limit the right of City to immediately correct
conditions which may be unsafe or which niav- pose a threat to public health or safety.
Should such conditions later be found to be caused by defective material and/or
Drilfingand Pump AgreementWell 41,doe 2
workmanship, Contractor shall reimburse City for the costs City incurs in connection with
Such corrective work.
In the event any action is commenced by City, to enforce any obligation of Contractor
pursuant to this section?.I City shall be entitled to recover from Contractor, in addition to
any costs and other relief awarded by a court, reasonable attorneys' fees incurred by City.
including lees for use of in-house counsel by City. I , ,
The warranty provided for herein shall not be in lieu of but shall be in addition to, any
warranties or other obligations otherwise imposed by law. Tile remedies provided herein
shall not be exclusive, and City shall be,entitled to any and all remedies provided by law.
ARTICLE 3 -PERIOD OF SERVICE
31 Contractor shall commence the Services upon City's delivery to Contractor of a written
"Notice to Proceed."
3.2 Contractor shall complete the Services within fourteen(14) calendar days from and after the
date of the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Four Thousand Nine Hundred Fifty Six Dollars
($4,956.00) as compensation for the Services,
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt
and approval of Contractor's invoice, by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail.
Notices sent by mad shall be addressed as follows.
City: Contractor:
Chris Diggs Dean Garcia, Pump Division Manager
Municipal Utilities and Engineering Department Best Drilling and Pump Inc.
City of Redlands Post Office Box 389
P.O. Box 3005 Bloominmon'. CA 92316
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in tile United States
mail-- in all other instances, notices, bills and payments shall be deemed given at the time
of actual delivery. Changes may be made in the names and addresses of tile person to
whom notices are to be given by giving notice pursuant to this section 4.3.
4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit
securities with an Escrow Agent as a substitute for any monies withheld by City to ensure
Contractor's performance pursuant to Public Contract Code section 2230d
Drilling,and Pump Agreement.Well 4lAoc 3
4.5 Pursuant to Government Code section 4215, City assumes the responsibilit-
y for the
timely removal, relocation or protection of existing main or trunkline utility facilities
located on the Project Site, if such utilities are not identified by City in Exhibit "A" of
this Agreement. City shall compensate Contractor for the costs of locating, repairing
damage not due to the failure of Contractor to exercise reasonable care, and removing or
relocating such utility facilities not indicated in Exhibit"A"with reasonable accuracy and
for equipment used for the Services necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay in completion of the Services. when such
delay was caused by the failure of City or the owner of the utility to provide for removal
or relocation of such utility facilities. However, City is not required to indicate the
presence of existing service laterals or appurtenances whenever the presence of such
utilities on the Project Site can be inferred from the presence of other visible facilities,
such as buildings, meter and junction boxes, on or adjacent to the Project Site.
ARTICLE,,.5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor throughout Contractor's performance of the Services., and shall
be primary with respect to City and non-contributing to any insurance or self-insurance
maintained by City.
5,2 Workers' Compensation and Employer's Liability. Contractor shall secure and maintain
Workers* Compensation and Employer's Liability insurance for its employees throughout
the performance of the Services pursuant to Labor Code sections 3700 and 1860, in an
amount which meets statutory requirements, with an insurance carrier acceptable to City.
The insurance policy shall include a provision prohibiting the policy's modification of
coverage limits or cancellation except upon thirty (30) days prior written notice to City.
Contractor shall execute and deliver to City a Worker's Compensation Insurance
Certification in the form attached hereto as Exhibit "B" prior to commencement of the
Services.
53 Hold Harmless and Indemnification. Contractor shall indemnify. hold harmless and
defend City and its elected officials, employees and agents from and against any and all
claims, losses and liability, including attorneys' fees, arising from injury or death to
persons or damage to property, occasioned by any negligent or intentionally wrongful act
or omission of Contractor, and its officers, employees and agents, in perfori-ning the
Services.
5.4 Assignment. Contractor is expressly prohibited from assigning any of thea work
associated with the Services without the prior written consent of City. In the event of
agreement by the Parties to assigri a portion of the Services, Contractor shall add the
assignee as an additional insured to its insurance policies and provide, City with the
insurance endorsements prior to any work being performed by the assignee. Assignment
does not include printing or other customary reimbursable expenses that may be provided
for in this Agreement.
5.5 C"ornDrehensive General Liability Insurance Contractor shall procure and maintain in
force throughout its performance of the Services comprehensive general liability,
Drilling and Pump Agreement,Well 4l.dm,- 4
insurance, with carriers acceptable to City, with rninimurn coverage of One Million
Dollars ($1,000,000) per occurrence and To Million Dollars ($2,000,000)aggregate for
public liability, property damage and personal injury. City shall be named as an
additional insured and the insurance policy shall Include a provision prohibiting
modification ofcoverage limits or cancellation of the policy except upon thirty (30) days
prior written notice to City. A certificate of insurance and endorsements shall be
delivered to City prior to commencement of the Services.
5 6 Business Auto Liabilitv Insurance, Contractor shall procure and maintain in force
throughout its performance of the Services business automobile liability coverage, with
minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This coverage shall include
all Contractor owned vehicles used for the Services, hired and non-owned vehicles, and
employee non-ownership vehicles. City shall be named as an additional insured and the
insurance policy shall include a provision prohibiting modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. A
p day
is
of insurance and endorsements shall be delivered to City prior to
commencement of the Services,
5.7 LiQuidated Damages. The failure of Contractor to complete the Services within the time
specified by this Agreement will result in damages being sustained by City. Such damages
are, and will continue to be, impracticable. and extremely difficult to determine. Contractor
shall pay to City, or have withheld frorn monies due it, the surn of Five Hundred Dollars
($500) for each consecutive calendar day in excess of the specified time for completion of
the Services. Execution of this Agreement shall constitute, agreement by City and
Contractor that Five Hundred Dollars($500)per day is the estimated damage to City caused
by the failure of Contractor to complete the Services within the specified time. Such sum
represents liquidated damages and shall not be construed as a penalty, and may be deducted
from payments due Contractor if such delay occurs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to recover its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
6,1 All documents, records, drawings, electronic data files and data base, photographic prints
and negatives, designs and specifications, cost estimates, and other documents developed
by Contractor for the Services shall become the property of City and shall be delivered to
City upon completion of the Services.
6.' Contractor is, for all purposes under this Agreement, an independent contractor with
respect to the performance of the Services and not an employee of City. All personnel
employed by Contractor to perform the Services are for its account only, and in no event
shall Contractor or any personnel retained by it be deemed to have been employed by
City or engaged by City for the account of. or on behalf of, City. Nothing in this
Agreement shall be considered to create the relationship of employer and employee
I',CA',d,arri',Agreements,,Best Drilling and Pump Agrectnent,Well 41 dm
between the Pat-ties.
6.4 Unless earlier terminated as provided for below, this Agreement shall ten-ninate upon
completion and acceptance of the Services by City.
6.5 City imay terrninate this Agreement for any reason, at any time at its sole discretion, upon
five (5) calendar day's prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies
of any data, design calculations, drawings, specifications, reports, estimates, summaries,
and such other information and materials as may have been accumulated by Contractor in
performing the Services. Contractor shall be compensated on a pro-rata basis for any
work- completed up until notice of tern-rination,
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and
any prior negotiations, proposals and agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing
and approved by City and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
6.9 Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars
($375,006) or less shall be made by Contractor and processed by City pursuant to the
provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with
section 20100. All claims shall be in writing and include the documents necessary to
substantiate the claim. 1
6.10 If any provision or of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be, deemed stricken, and all remaining provisions shall continue to be
valid and binding upon City,and Contractor,
Drdfing and Pump,Agreement Wefl 41,doc 6
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in
confirmation of this Agreement.
CITE' OF REDLANDS ATTEST:
By
Tina T.Kundig Sam Irwin
—ZA--
Finance Director City Treasurer City Clerk
BEST DRILLING AND PUMP INC.
ByOwl ----- Date 3ZZ1l
Dean Garcia,Pump Division Manager
l:';ea djmlAgreements',Best Drilling and Pump Agreement.well 41.doc 7
EXHIBIT "A"
Scope of Services
Well No.41 Column installation Project:
• Shop labor to load and prepare 40'pump column extension.
• Mobilize and demobilize pump crew to well site.
• Rig-up/down, remove and reinstall meter, pump head, motor, and supply and install 40' column
extension,tube,and shaft, and perform start up and inspection.
• Freight and delivery.
• Total bid will include mob, de-mob, freight, special delivery/freight, bonds and all sales tax
• Contractor will comply with the City of Redlands prevailing wage policies and certificate of
insurance requirements.
EXHIBIT IT11
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Well No. 41 COJUrnn Installation Project at 800 West State Street,
located in the City of Redlands
Every employer except the State, shall secure the payment of compensation in one or more of the
1`6 1 lowing 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 abilit.-N, 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 undettake 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 Agreement. (Labor Code §1861).
BEST DRILLI[ING AND PUMP fNC. Date:
By
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1
--f ---
Dean Garcia,Pump Division Manager Contractor's License No.
Bond No, 1967305
Prernirun included with Labor
EXHIBIT "C" and Material Bond
PAYMENTBOND
WHEREAS, the City of Redlands (hereinafter designated as "City"), and Best Drilling and Pump 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 March _L, 2011, and
identified as(`{Project")is hereby referred to and made a part hereof,and
WHEREAS, under the terms of said agreement, Principal is required, prior to performance of the Project, to
furnish a bond for the faithful performance of said agreement.
NOW,THEREFORE,said Principal and the undersigned as corporate surety,are held and firmly bound unto
City in the penal sum of Four Thousand Nine Hundred Fifty Six dollars($4,956.00)lawful money of the United
States,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 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 said agreement and any alteration thereof made as therein
provided,on his or their 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 indemnify and save harmless City, its 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 therefore,there shall be
included costs arid reasonable expenses and fees, including reasonable attorney's fees, incurred by 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 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 March 17 2[111-. Bond No. 1967305
Ust DMhV MW Puftw Im. (SEAL) The Hanover Insurance Conipany (SEAL)
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(Signature) (Signature) Denise.M. Hanse (Attorney-III
Address:�4t�440ULI'ncoln StreetFact)
(Seal and Notarial Acknowledgment of Surety) Telephone.(8@0 ) 343-6044
THE HANOVER INSURANCE COMPANY a
MASSACHUSETTS SAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF AMPNEV
CERTIFfED COPY
KNOW ALL MEN BY THESE PRESENTS. That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA,a corporation organized and existing tinder the taws of the State of Michigan,dry hereby constitute and appoint
3ON H.NELSON.STELLA M.CIIAVFZ,TODD P-NELSON,DENISE M HANSE
of Hantdrd,CA and each is a true and lawful Attorneys)-in-fart to sign;execute seal,acknowledge and deliver for,and on its behalf,
and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated
any and all bonds,recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows:
Any such obligations in the United States,not to exceed Ten Million and NoI100($10,000;000)in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorneys)-rn-fact may lawfully do in the premises by virtue of these presents.
These appointments are made ander and by authority of the following Resolution passed by the Board of Directors of said Companies Which
resolutions are still in effect-
'RESOLVED, That the President or any Vice President, in conjunction with any AssistantVice President, be and they are hereby authorized and
enc red to appoint Attcrneys-in-fact of the Company,In its name and as its acts,to execute And acknowledge for and on its behalf as.surety any and
alt bonds,reCr niZari s,ornuracts of indemnity,v%oivom of citaabon and all other writings obligatory in the nature thereof,with poor to attach thereto the
seal of the-Cornpany,Any such writings so executed by c;uch Attorneys-in-fact shad,be or.bih&ng❑pelta the Company as 4 They had been duly executed
and acknowledged by the regularly elected officers of the Company in their xawm proper persons'(Adopted October 7, 1981 -The Hanover Insurance
Company'.Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant'Vice President,this 12th day of July, 2010.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS HAY 3N5URANCE COMPANY
tLtSilrtXBNCE C;OMPAINY OF AMERICA
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THE COMMONWEALTH OF MASSACHUSETTS )'
COUNTY OF WORCESTER )ss.
On this 12th day of .July, 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers
described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company
Massachusetts Say Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their
signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
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My commission expires on November 3,2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a;full true and correct copy of the Original Power of Attorney issued by said
Companies,and do hereby further certify that the said Powets of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Dhectors of The Hanover insurance
Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America:
WSOLVED,That any and all Pmwm of Attorney and Ceatifiod Copies of such Powers of Attotney and C,+Pdifrcafion in tospoot the elo,granted and
&4vcuted byfho President or any Vice President in crinjuncion with any Assistant Vice President tit the Company,shall be binding on the Company to the
same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be fracsuniie`(Adopted
Cidatier 7,1981 -The Hanover m%uronce Company;Adoptoid April 14, 1982 t assachusetts Bay insurance Company;Adapted September 7, 2001 -
Citizens tnsurance Company of America)
GIVEN tinder my band and the seats of said Companies,at Worcester Massachusetts:,this 17 day of March 2(l�
IRE 14ANOVF-k INSURANCE COMPANY
MASSACHUSETTS DAY INSURANCE COMPANY
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Though the information below is not required by law, it may prom valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
S
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Corporate Officer—Title(s),, M Corporate Officer—Titie(s):
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Signer Is Representing: Signer Is epresenting:
02W8 Nabonal Ncdary AssccWyjq-9350 De to Ave,RO,Box 240-7-Chatswortt,0A 91313-,1402-www.Nationagotafy.org nein#6907 Hoon er,0a#To4-Pree1-80"76-6&17
Bond No. 1967305
Prernium: $250
EXRIBIT"M
LABOR AND MATERIAL BOND
Whereas, the City of Redlands x'City") and Best Drilling and Pump Inc. (hereinafter designated as "Principal")
have entered into an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated March I . 2011. and identified as the Well No. 41 Column
W
Installation Project located at the ell Not 41 well sile_�rl,roiectis hereby referred to and made a part hereof-,
and
Whereas,under the terms of said agreement, Principal is required before entering upon the performance of the
Project,to file a good and sufficient payment bond with City to secure the claims to which reference is made in
Titlo 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code.
Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto City and all
contractors, subcontractors, laborers, material men and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Four Thousand Nine-Hundred
Fifty Six Dollars ($ 4956.00) 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 hercinabove 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 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 15 (commencing with Section 3092) 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
said 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 duty executed by the Principal and surety above named, on
March 17,.,?,,011
8401"hV and Pun1p, We, (SEAL) The Hanover Insurance Corripany (SEAL)
2t�t ) (S rete}
BY: 10GAkLaJ I ,
(Signature) (Signature) Denise M, Manse (Attorney-in
Address: 440 Lincoln Street Fact)
Worce—sTe—r—,-NiUVTT6_' —3
(Seal anti Notarial Acknowledgment of Surety) felehcneFT—)
243-6044
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY QE AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS;That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organizedand existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA,a corporation organzed and existing under the laws of the State of Michigan,do hereby constitute and appoint
JON It.NELSON,STELLA M.C'I3t"VEZ,TODD P.NELSON,DIENtSE 14I—HANE
of Hanford,CA and each is a true and lawful Attorneys)-in-fact to sign,execrate,sea e,acknowledge and deliver for;and on its behalf,
and as Its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated
any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows:
Any such obligations in the United States,not to exceed Ten Million and Nnt100{$10,000,0001 in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorneys}-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect.;
'RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attorn ys-in-tact of the Company,in its-name and as its acs,io execute and acknowledge for and on its behalf as Surety any and
all bonds,recognizances,contracts of indemnity,waivers of citation and ah other writings obligatory in the nature thereof,with power 10 attach thereto the
seat of the Company.Any such writings so executed by such Attorneys-in-fact Shull be,as binding upon the Company as if they had been duty executed
and acknowledged by the regularly elected officers of the Company in their warn proper persons."(Adopted October 7,1981 -The Hanover Insurance
Company;Adopted April 14,1982—Massachusetts Say Insurance Company;Adopted September 7,2001•Citizens insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duty attested by a Vice
President and an Assistant Vice President,this 12th day of July, 2010.
THiE'iiF.i 6 ER rEStiR,4NCE'CCflIP"A'hY
t ASSACHUSETfS BAY JaSUPANCE COMPANY
{ f� ^fTf7EP� tEISt 4tdCE COtP OF AMERICA
•
Mary ride or ','uY 'r amide
Reber+K C�,enrsr, h3 E Pre�iten-
THE COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER
On this 12th day of July, 2010 before me came the above named Vice President and Assistant Vice President of The Hannover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers
described herein. and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company
Massachusetts Bay Insurance Company and citizens Insurance Company of America; respectively, and that the said corporate seals and their
signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
.t° t.m
err. Nw"any Public
My commission expires on November S 2011
I,the undersigned Assistant Vice President of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies,and do hereby further certify that the said Powers of Attorney are st€ii in farce and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hannover insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance CorTpany of America.
'RESOLVED, That any and all Powers of Attorney and Certified Copies of sue Pavers of Attorney and certification in respect thereto,granted and
execrated by the President or any Vice President in conjunction urith any Assistant fte President of the Company,shaft be bin&ng on the Company to the
same,extent as it all signature:therein were manually affixed,even though one or more of any such signahares thereon may be tacs4rfe"fAdopiec
October 7, 1981 -The Hanover Insurance Company;Adopted April 14 1982 Massachusetts Bay insurance Company;Adopted Septernbor 7 20031
Citizens insurance Company of America)
GiVEEN under my hand and the seats of said Companies,at Worcester,Massachusetts,this.. 17 day of March
THE-4ANO'r ER INSURANCE RANCE CCrow".PA.PMY
MASSACHUSc TTS BAY NSI-IRArtCE!`CrdFfAN
CITI tis
MPS tp a. wrs+wrl);a §Sis,04'cf Rrtis' "`;t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
on L before me, 546 f �
Date ere Insert Name and TWe,of the Officer
personally appeared' r . G
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the perso hose dram% ice
subscribed to the within instrument and acknowledged
tothat spelt executed the same in
H rltf �authorized capacf ), and that tar
5
r/herltir signature n the instrument the
$ onH VEZ persor5( car the entity upon behalf of which the 61,
Commission
# 1838692 z personcted,;executd the instrument.
Notary Public-California a
Kings County
MComm.Expires mar 26,2013 I certify under PENALTY OF PEFi, URY under the
laws of the Mate of California that the foregoing
paragraph is true and correct.
WITNESS my d and official seal`.-
Signature
Puce Notary SeaE andor Stam,Above Signa are of Nota foo
OPTIi NA
Though the information below*is not required by law+, It may prod valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �
Title or Type of Document:
Document date; Number of Pages:
Signers Other Than Named Above;
apacity(ies) Claimed by Signer(s)
Signer's Name-'--,-- Signer's Name:
z Corporate Officer---Title(s): L'.Corporate Officer Title(s):
Individual : a :