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HomeMy WebLinkAboutContracts & Agreements_37-2012_CCv0001.pdf CITY OF REDLANDS MUNICIPAL UTILITIES &. ENGINEERING DEPARTMENT NOTICE OF AWARD TO: Best Drilling and Pump, Inc. ATTN: Mark Best 1640 W. Pellisier Rd. President Colton, CA 92324 PROJECT: NEW YORK STREET WELL & EQUIPMENT REHABILITATION, Project No. 71229. You are hereby notified that you were awarded the Contract for this Project by the City Council at their February 21, 2012 meeting, based on the bid amount of$122,270.00. We are enclosing two contract agreement forms for the Project. You are required under the terms of the Notice Inviting Bids and the Instructions to Bidders to execute the Agreement and furnish the required bonds, certificates of insurance, and evidence of a current City business license, within fourteen (14) calendar days from the date of this Notice. The due date is therefore March 13, 2012. Please execute both agreement forms. If you fail to execute said Agreement and furnish said bonds, certificates of insurance and evidence of a current City business license within fourteen (14) days from the date of this Notice, the City will be entitled to consider all your rights arising out of the award of the Contract to be abandoned and as a forfeiture of your bid security. The City will be entitled to such other rights as may be granted by law. Upon return of the agreement forms, executed by you, and said bonds. certificates, and evidence of current City business license, the City will return one fully executed agreement. You are required to return the acknowledgement of the Notice of Award to the City. Dated this 27th day of February, 2012. Bv: Fred IIousavipour Interim Municipal utilities and Engineering Director CITY OF REDLANDS MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT NOTICE OF AWARD ACKNOWLEDGMENT PROJECT: NEW YORK STREET WELL & EQUIPMENT REHABILITATION, Project No. 71229. Best 01j"Snd pump,Inc. Receipt of the above Notice of Award is hereby acknowledged by Best"ift#Ad this, the Vb day of 2012. Bv: (SignafiWe) iAA+19 -- 7- (Print Name) pw--s Lb-0�r (Title) W Kms. PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract("Contract") made and entered into this day of March, 2012, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Best Drilling and Pump, Inc. (hereinafter "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: 1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following: New York Street, Well and Pump Rehabilitation, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's NEW FORK STREET, WELL AND PUMP REHABILITATION, Project No. 71229. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$122,270.00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within Forty Five (45) calendar days from and after the date of the deliverer to Contractor of a written Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of One Thousand Dollars ($1000) for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that One Thousand Dollars ($1000) per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal._ Bid Bond, Agreement, Performance Bond, Labor and Material Band, Plans. General Conditions, Special Conditions, Special Provisions and Specifications, and any addenda thereto. 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such CD 1 action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract 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 Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall 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. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: Citv and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. 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 City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Citv of Redlands (SEAL) (Owner) By: Rr Mayor, City of Redlands, County of San Bernardino, California ATTEST: City Clerk,Ci of edlands County of San Bernardino, California (SEAL) Win"and Pwnp,hm Name of Conti`actot ' By: Signatures of Authorized Agent Title 14 1 it Signature of Authorized Agent(if necessary) Title — Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department New York Street, Well and Pump Rehabilitation Project, Project No. 71229 Labor Code Section 3700,provides, in part that: "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 worker's 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) Dated this day of rkAvt 2012. Boot Driffing mid Pump,bw— (Contractor) L (Signature) ({official Title) tSEAL1 (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 r w Bond No. 1967315 Premium: $1376.44 PERFORMANCE BOND 1 or 2 originals `(whereas,the City Council of the City of Redlands. State of California, and Best Dri link and Pump, Inc. (hereinafter designated as '`Principal') !lave entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated February 28 2012, and identified as New York Street, Well and Pump Rehabilitation Project, Project No 71229 is hereby referred to and made a part hereof,and `(whereas, said Principal is required under the terms of said agreement to furnish a bond for the performance of said project. 4 Now,therefore,said Principal and The Hanover Insurance Company as surety- are held firnfly- bound unto the City of Redlands (hereinafter call "City'), in the penal sum of One I-Inndred Twenty Two Thousand Two I-Inndred and Seventy Dollars (Sl 2.270.00) lawful money of the United States, for the payment of which slue 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 hers heirs, executors, administrator,successors or assigns, shall in al; thins stand to and abide by, and well and truly keep and perform the cotenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or 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 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 therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation,, all to be taxed as costs and included in are, judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the agreement or to the work to be performed thereunder or the specifications accompanying the sar-ie shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of bine, alteration or addition to the terms of the agreement or to the work or the specifications. In witness whereof. this instrument has been dull.: executed by the Pri,lcipal and surety= above named, on March 2, 2012. (S> AL) (SEAL) Ilmo The Hanover Insurance Company (Contr _ u�ty _ v <; 13 Y (Signature's- {signature} Jon H. Nelson Attomey-in-Fact Address: 444 Lincoln St. Worcester, MA 41653 _ (Seal and ==Notarial Acknowledgment of Telephone( 844)34 -Q444 CD ACKNOWLEDGMENT State of California County of San Bernardino } On March 7th, 2012 before me, John Diaz, Notary Public (insert name and title of the officer) personally appeared Mark Best, President who proved to me on the basis of satisfactory evidence to be the person(s�-whose name(s) is/erg-, subscribed to the within instrument and acknowledged to me that he/she4t ,--y executed the same in his/hertttTeir authorized capacity(k�o, and that by his/herfttteir signature(s) on the instrument the person(s47 or the entity upon behalf of which the person(sj 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. JOHl1111AR3HALL DtAZ comm.#1897745 NOTARY PUBLIC •CALFORMA N SAN BERNARDW COUNTY Signature _ (Seal) Fawr*si nEgkm naY30,zoi4 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF 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 organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Jon H.Nelson,Stella M.Chavez,Todd P.Nelson and/or Denise M.Hanse of Hanford,CA and each is a true and lawful Attorney(s)-in-fact 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 No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company,Adopted Apnl 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 19th day of October 2011. THE HANOVER INSURANCE COMPANY MASSACHUSgTTS BAY INSURANCE COMPANY CITIZENS 1N$PRANCEQWANY OF AMERICA > ` 10 Robert Thomas,Vice President THE COMMONWEALTH OF MASSACHUSETTS ) a Vice COUNTY OF WORCESTER )ss. On this 19th day of October 2011 before me came the above named Vice Presidents 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 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. M��IAIIA AGARtiCfC P 111 Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Companyof 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 still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of 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 facsimile' (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) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 2nd day of February 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA AA" f n Margosian,Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of r r ` t f' ` L ; (fin before me, ' .. �` Date He; Insert Name ana Title of the Officer personally appeared ' Nametsx of Signer(s) ' who proved to me on the basis of satisfactory evidence to be the perso whose namqK Oare subscribed to the within instrument and acknowledged to me thAt he/4116lthdly executed the same in hisZ"r/Weeir / authorized capaei � s), and that by his signature 5 on instrument the person4 r th STELLA CLAVE e entity upon behalf of which the EJIA person( cted, executed the instrument, commis 1838692 Notary Public-California Kings ounty I certify under PENALTY OF PERJURY under the v cOrt M.Expires tsar 26,2013 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my p anis and official seal. Signature (=E Pirie Notary Sea(Above S;gnatuIe of Note ry c @c ,r J OPTIONAL hough,the information below is not required by law, it may prove valuable to persons retying on the documents 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: Sigf°ler{s) Other Than Named Above. ----- - y Capacity(ies) Claimed by Signer(s) Signer's Name: -____-- _ _. ..__ --. __-- Signer's Name; Corporate Officer --- Title(s): _ _. ...... Corporate Officer - Title{s): Individual 91-1 r071-A-11 ITar Individual Partner -_Limited General I _o,, Partner ,Limited General Tum of It .n..v i Attorney in Fact Attorney In Fact Trustee Trustee Guardian or Conservator Guardian or Conservator IN Other_ Cather: _ t — - ---------------- Signer Signer Is Representing: --------- Signer Is Representing:--- i � 2=10 Nat=ono:Notary Association•NatenaiFactary.^r,, 1-800-US fv +`,i;Y(1-8800-876-6K7Item=502 ter. Bond No. 1967315 Premium included with Performance Bond 1 of 2 originals LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California, and Best Drillina and Pump, Inc. (hereinafter designated as "Principal") have entered into an agreemernt whereby Principal agrees to install and complete certain designated public improvements, which said agreement,dated February 28 _ M12, and identified as New Fork Street, Well and Pump Rehabilitation Project, Project No 71229 is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, Principal is required before enteringg upon the performance of the wforh, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15 (commencing with Section 3052) 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 firmly bound unto the City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreemernt and referred to in the aforesaid Code of Civil Procedure in the sum, of One Hundred Twenty Two Thousand Two Hundred and Seventy Dollars (1122270.00) 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 sante in an amormt not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof; costs and reasonable expenses and fees, including reasonable attorney's fees_ incurred by the City of Redlands 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 judg neat therein rendered. It is hereby expressly stipulated and agreed that this bond shall Insurre to the benefit of any and all persons; companies and corporations entitled to file claims under Title 15 (commencing with Section 3052) 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 brousllt 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 ofany such change,extension of time, alteration or addition. In witness whereof. this instrunnent has been duly executed by the Principal and surety above named, on March 2 2012. Drathig MW (SEAL) SEAL) The Hanover Insurance Company j {C tr or S eta) iBV' �. Signature) (Signature)Jon Nelson Attomey-in-Fact A=drdress: 4401 Lincoln St. Worcester, MA 071653 (Sea] anG Notarial Acknowledgment of Surety) Telephone(8010 )343-6044 CD 6 ACKNOWLEDGMENT State of California County of San Bernardino } On March 7th, 2012 before me, John Diaz, Notary Public (insert name and title of the officer) personally appeared Mark Best, President who proved to me on the basis of satisfactory evidence to be the person("hose name(A is/a% subscribed to the within instrument and acknowledged to me that he/s4e/iey executed the same in hisA4eflth2ir authorized capacity(ie -) and that by his/hopAlieir signature(sfi on the instrument the person(sj, or the entity upon behalf of which the person(s� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanand official seal. JOHN MARSHALL DIAZ \ zCORA #1897745 MC NOTARY PtJBIIC •CALFOFB'NA SAN BERNAFONO COUNTY Signature (Seal) CwmssionEVNs XXY 30,2014 C THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF 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 organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Jon H.Nelson,Stella M.Chavez,Todd P.Nelson and/or Denise M.Hanse of Hanford,CA and each is a true and lawful Attorney(s)-in-fact 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 No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all otherwritings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company:Adopted April 14, 1982- Massachusetts Bay Insurance Company,Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 19th day of October 2011. THE HANOVER INSURANCE COMPANY MA3$ACHU XTTS BAY INSURANCE COMPANY CITIZENS IN>SV NCE�PWANY OF AMERICA ion SEAL t y yt taro Robert Thomas,Vice President THE COMMONWEALTH OF MASSACHUSETTS ) a V ce COUNTY OF WORCESTER )ss. On this 19th day of October 2011 before me came the above named Vice Presidents 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 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. 0 8AR8ARAA.GARI.iC!( Notary Pic Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned 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 still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of 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 facsimile" (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) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 2nd day of February 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA E Qlqph n Margostan,Viae President B le CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT cnnL c0015§ 1189 State of California County of �s ' As r On:.3 i f before me, . 0 ate Nee insert Name and Title of the OfficerIN , personally appeared Name(s)of Signerts) who proved to me on the basis of satisfactory evidence to be the person hose nam_ sfislare subscribed to the within instrument and acknowledged to me that hels„ th executed the same in STELLA ME.HA CHA Z hisllrlthelr authorized capacity' and that by his/ rT# it si natur on the instrument the Commission 1838692 tryPublic- lifrria person , or the entity upon behalf of which the Kings County t person{s cted, executed the instrument. My Comm.Expires Mar 26,201 2 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my "I and official seal. y ' Signature: , Place Notary Seal Above � Signature of:votary ubii OPTIONAL Though the information below is tut required bylaw, it may prove valuable to persons relying on fhe docume rt and could prevent fraudulent removal and reattachment cif this form to another document. Description of Attached Document s Title or Type of Document: Document Cate: _ — -- i Iumber of Pages: _ Signer(s) Other Than Harried Above: - - Capacity{ies} Claimed bySigner(s) -- — Signer's Name: , Signer's Name: Corporate Officer — Title(s): _--------- — -- Corporate Officer — Titie(s}: 0 Individual9111 t , , Individualif Partner— Limited General I T, . ...U,: r Partner — Limited General of Attorney in Fact s Attorney its Fact f Trustee Trustee Xe Guardian or Conservator Guardian or Conservator Other: Other: Signer is Representing: _-- Signer is Repreertitrg E s :2CiG°N agonal Nctar¥,Association•NaticiraiNotary.org•,.800 US NOTARY(1-800-8-1,6-682-7i item«5907 Bond No. 1967315 Premium:$1376.00 PERFORMANCE BOND 2 or 2 originals Whereas.the City Council of the City of Redlands. State of California, 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_February 28 2012, and identified as New York Street, Well and Pump Rehabilitation Project, Project No 71229 is hereby referred to and made a part hereof, and Whereas. said Principal is required under the terms of said agreement to furnish a bond for the performance of said project. Now,therefore, said Principal and The Hanover Insurance Company as surety, are held firmly bound unto tae City of Redlands (hereinafter call '*City"), in the penal sum of One Hundred Twenty Two Thousand Two Hundred and Seventy Dollars (5122.270.40) 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 hers heirs, executors, administrator.successors or assigns, shall in all things stand to and abide by, and well and truly keep aiid perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified,and in all respects accordir;g 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 1ierebv and in addition the face amount specified therefore,there shall Lie included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the Citv° 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 above named, on March 2 2( l2. (SEAL) (SEAL) Pump, The Hanover Insurance Company � o �.-�, 1 (:; rets• 1 t` BY (5ianature) /I (Signature) Jon H. Nelson r� Aftomey-in-Fact Address: 440 Lincoln St, Worcester, MA 01653 S-al ,and Nctarial Acknowledo-meat of Telephone( 800)343- C D 343CD 4 ACKNOWLEDGMENT State of California County of San Bernardino ) On March 7th, 2012 before me, John Diaz, Notary Public (insert name and title of the officer) personally appeared Mark Best, President who proved to me on the basis of satisfactory evidence to be the person(&}whose name(s) is/arm-- subscribed to the within instrument and acknowledged to me that he/sheMieay executed the same in his/her il'eir authorized capacity(ieq, and that by his/hattreir signature(s) on the instrument the person(s}-or the entity upon behalf of which the person(s3 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. .ICNN 12"d'�1i� In,U4Z tifJTAR1r PIa1C CN�OIWi1 sm SUOVA MO OOLKTY Signature . -- (Seal) N^� XJLY 14 r — THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF 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 organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Jon H.Nelson,Stella M.Chavez,Todd P.Nelson and/or Denise M.Hanse of Hanford,CA and each is a true and lawful Attorney(s)-in-fact 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 No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-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 Vice President,be and they are hereby authorized and empowered to appoint Attomeys-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 all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own 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 two Vice Presidents, this 19th day of October 2011. THE HANOVER INSURANCE COMPANY MASSACHU EfV 3 BAY 3URANCE COMPANYr, _o CITIZENS INS/ CEM ANY OF AMERICA raY4 Robert as.Vice President THE COMMONWEALTH OF MASSACHUSETTS ) Iva 4AVX= COUNTY OF WORCESTER )ss. On this 19th day of October 2011 before me came the above named Vice Presidents 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 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. a w "'111A A,GAE 1111 Notary Pub+fc Gornron+eal� i WCtnhtasgn fgr�55aK.2i, Barbara A.Garlick, Notary Public My Commission Expires September 21,2018 1,the undersigned 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 still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of 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 facsimile' (Adopted October 7, 1981-The Hanover Insurance Company,Adopted April 14.1982-Massachusetts Bay Insurance Company:Adopted September T 2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 2nd day of February 2012. THE HANOVER 04SURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA n Margosian,Vice President ga fr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 11189 State of California f County of 1 ' On ` before me , V � t ? Date Here Insert Name and Title of the officer ... . k t . Personally appeared V t Name(s)of Signer{s} Y who proved to me on the basis of satisfactory evidence to be the per�ln on( whose nam i re subscribed to the within rument and acknowledged to me that he/§beftey executed the same in his/ Ythir authorized capacity, and that by STEILLA MEJIA A Zhist erltl it signature( 'on the instrument the Commission 1 erson{ or the entity upon behalf of which the NOtant Public- aliform P � Y P , Z Kings Couity perso ) acted, executed the instrument. MY COMM,Expires Mar 26,2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hn� and offiai seal. XAV 01-21 �< Signature ` Place Notary Seal Above ! v Sianatare of Not - u6lic OPTIONAL ii Though the information belowis not required by law, it may prove valuable to persons retjring on the document and count prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document fate: — ..-- ------.---__---- Number of Pages: Signer(s) Other Than Named Above: ----- -- --- Capacity(ies)Claimed by Signer(s) Signer's Name: - — -- Signer's Name: -------- a Corporate Officer --• Title(s): --- Corporate Officer — Title(s): Individual Individual Partner—-Limited Oen ral1 -q ---Partner Limited General777, .: tt;c.rT Y- 3,., ,t , 5. Attorney in Fact 'Attorney in Fact Trustee Trustee Guardian or Conservator Guardian or Conservator X Other: Other: _ Signer Is Representing: -- ----- Signor Is Representing: _ 1 u 2010 National Nota,f Association-Natio-uMart.or:•?_f=0g-US NOTARY 0-800-876-6627; iter,X090= A ff Bond No. 1967315 Premium included with Performance Bond 2 of 2 originals LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California, 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 February 28 --_._ 20I2, and identified as New York Street, Well and Punip Rehabilitation Project, Project No 71229 is hereby referred to and imide a part hereof; and Whereas. under the terms of said agreement, Principal is required before entering upon the performance of the work.to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 1_5 (commencing with Section 3052) of Par;4 of Division 3 of the Civil Code of the State of Cali`ornia. Now, therefore. said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, laborers, material men and other personsemployed in the performance ofthe aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Twenty Two Thousand Two Hundred and Seventy Dollars (5122.270.00) 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 pa}, the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bora', will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney= s [=ees, incurred by the City of Redlands 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 3052) 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 frill 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 band, and it does hereby waive notice of any such change, extension of time, alteration or addition. In w,vitness whereof, this instrument has been dale executed by 'lie Principal and surety above named, on March 2 2012 ;` t I� �MW P (SEAL)hm. The Hanover Insurance Company SEAL) ( C&) surety} By` Q .r 'Signature;} (Signature)Jon exon Attomey-in-Fact Address: 440 Lincoln St. Worcester, MA 01653 (Sea' and Notarial Acknowledsinent of Surety) Telephone(800 )343-6044 CD 6 ACKNOWLEDGMENT State of California County of San Bernardino On March 7th, 2012 before me, John Diaz, Notary Public (insert name and title of the officer) personally appeared Mark Best, President who proved to me on the basis of satisfactory evidence to be the person("hose name(A is/efe subscribed to the within instrument and acknowledged to me that he/she#tli y executed the same in histl4effthsir authorized capacity(its� and that by his/he40teir signature(sr on the instrument the person(s), or the entity upon behalf of which the person(&)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. JOHN MARSHALL DIAZ � Cpr�t.s1r,97745 NOTARY PLIC •C7745 fMA 5ANYIRDNq COU�T1' Signature W,Nr Egft AXY3Q,2014 f , r; t: ,r r � THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF 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 organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Jon H.Nelson,Stella M.Chavez,Todd P.Nelson and/or Denise M.Hanse of Hanford,CA and each is a true and lawful Attorney(s)-in-fact 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 No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-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 Vice President,be and they are hereby authorized and empowered to appoint Attomeys-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 all bonds,recognizances, contracts of indemnity.waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company,Adopted Apnl 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Cifizens 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 two Vice Presidents, this 19th day of October 2011, THE HANOVER INSURANCE COMPANY MASSACHU S BAY INSURANCE COMPANY w.� CITIZENS it�S NCE QMPANY OF AMERICA �Fj 1amar4 Robert TKomas,Vice President THE COMMONWEALTH OF MASSACHUSETTS ) a Vtee COUNTY OF WORCESTER )ss. On this 19th day of October 2011 before me came the above named Vice Presidents 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 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. B111.11 AA.GAf1.ICK Notary Putstic �ot7Musxixnrn< ��WCGrerfssSrq-?t,2'tA Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned 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 still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attomey and Certified Copies of such Powers ofAttomey and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of 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 facsimile.' (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) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 2nd day of February 2012 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA . r/a4 -- n Margosian,Vice President 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL.CODE§I189 s mer r e ;• se >. State of California County of I A: : C}n���� before me VY ©ate H Inner Name and Title of the officer g, personally appeared Name(s)of Signers) who proved to me on the alis of satisfactory evidence to be the person whose namiaKi e subscribed to the within i frument and acknowledged to me that heli, Jthe executed the same in hislh�t r authorized capacity�i and that by 04Commission 1838692 his/fie Ah i signatures on the instrument the Mary PublicCalifornia ,3 Kings County person{ .or the enfity upon behalf of which the Mom. -26,2013 person 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 a d official seal. Signature: Place Nwary Seal Above Si ratu;e of Notary Pub A, `t OPTIONAL �t Though the information below rs not rewired by taw, it may prove valuable to persons retying or.,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 Mages. Signer(s) Other Than Named Above: Capacity(ies) Claimed bySigner(s) Signer's Name, — Signer's Name: —__-- - - Corporate Officer — Tide(s): __-- Corporate Officer — Title(s): Individual 107.4-11111137-MM7513 Individual � • L Partner— Limited General ;,,,„f,r ,,, Partner ---- Limited General I T op of thun ib here, Attorney in Fact Attorney in Fact � Trustee Trustee Guardian or Conser�pator Guardian or Conservator Other: Other: - —_ i Signer Is Representing: --- Signer Is representing: 2010 National Notary Association-Natlo:alNotary.org 1-800-US NOTARY 0-800-876-C827; item#69107