HomeMy WebLinkAboutContracts & Agreements_147-2009_CCv0001.pdf F City of Redlands
Municipal Utilities 8c Engineering Department
A Request for Bid was issued to three vendors on behalf of the
Municipal Utilities and Engineering Department for the SmileyHeights
Reservoir Booster Station Electrical Panel Rehabilitation Pro
results are indicated below. Project. The
Bid Report
Contractor Bid Amount
Center Electric $39,650.00
Brithinee Electric $42,865.36
F.M. Electric $44,168.36
MINI
AGREEMENT FOR CONSTRUCTION OF THE CITY OF REDLANDS'
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SMILEY HEIGHTS RESERVOIR BOOSTER STATION ELECTRIC
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PANEL REHABILITATION PROJECT AL
Station This agreement
Panel Rehabilitation construction of the City of Redlands' Smiley Heights Reservoir Booster
September, 2009 °` project ("Agreement") is made and entered into this 28th da of
("Effective Date'), by and between the City of Redlands, a municipalY
("City"), and Center Electric ("Contractor"
herein as a"P ) City and Contractor are sometimes individually creferredoo
arty and, together, as the "Parties."
In consideration of the mutual ,promises contained hereinCit
agree as follows: Y of Redlands and Center Electric
AGREEMENT
Section 1• Engagement of Contractor.
1.1 City hereby retains Contractor to construct City's Smiley Heights Reservoir
Booster Station Electrical Panel Rehabilitation project("Project").
1.2 Contractor and its subcontractors shall possess all
licenses required for the work to be performed in appropriate connection with the
Pursuant to Labor Code sections 1777.1 and 1777.7. Project, and shall not be debarred
Section 2• Responsibilities of Contractor.
2.1 The Project which Contractor shall perform is morearticularly described in
Exhibit "A,"which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply p y with all applicable Federal, State and local laws and
regulations in the performance of the Project including, but not limited, to all
prevailing wage laws and non-discrimination laws, and the
to Labor Code section 1773.2, copies of the prevailingrates applicable Labor Code and
Americans With Disabilities Act. pmsht
Director of the California De of per diem wages as determined by the
Department of Industrial Relations for each craft, classification or
worker needed to undertake the Project are on file at City's Municipal e of
Department, located at the Civic Center, 35 Calon Street, Suite pal Utilities and Engineering
Redlands,Redlands, California 92373.
15A (Mailing: P.O. Box 3005)
2.3 Contractor acknowledges that if it violates the Labor Code r
Prevailing wages that City may enforce such provisions by withholdin con
or its subcontractors pursuant to Labor Code section 1771.6
Provisions relating to
g tract payments to Contractor
2.4 If Contractor executes an
Project, Contractor shall comply agreement with a subcontractor to perform work on the
subcontractor with copies of the provisions of Labor Code sCode ections 1775 and 1777.7
1815. Contractor acknowledges that the statutory ' and shall provide the
chops 1771, 1775, 1776, 1777.5, 1813 and
provisions establishin
g penalties for failure to comply
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with state wage and hour laws and toa
p y prevailing wages may be enforced b City ty pursuant to Labor
Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of
Labor Cade
section 1776 regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal '
pursuant to Labor Code section 1810. day's work
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.
2.8 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 "B"and "C."
2.9 Pursuant to Public Contract Code section 7104, if the Project involves digging
trenches or other excavations that extend deeper than four feet below the surface, Contractor shall
ll
Promptly, and before the following conditions are disturbed, notifyCi all
that Contractor believes may be hazardous waste, as defined in Health and Safety Code section
that is required to be removed to a Class I, Class II or Class III disposal y' (1) material
25117,
provisions of existing law; (2) subsurface or latent physical conditions at the Project site differing from
p sal site in accordance with
those indicated by information about the site made available to Contractor prior to enteringinto m
Agreement; or (3) unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in w this
provided for in this Agreement. City shall promptly investigate the conditions an
work of the character
conditions do materially so differ or do involve hazardous waste and cause a decrease or increase
d, if it finds that the
Contractor's cost of, or the time required for, performance of an
change order under the procedures described in this Agreement. If a dispute arises between i
y part of the Project, and shall issue a
Contractor as to whether the conditions materially differ, involve hazardous waste, or cause a decrease
City and
or increase in Contractor's cost of, or time required for, performance of an
Contractor shall not be excused from any scheduled completion date provided for by this Agreement,
y part of the Project,
but shall proceed with all work to be performed under this Agreement. Contractor shall retain an
all rights provided either by this Agreement or by law which pertain to the res g putes
between the Parties. Y and
resolution of disputes
2.10 Pursuant to Labor Code section 6705, if the Project requires any trench five feet
or more in depth, Contractor shall submit, subject to City's approval, in advance of excavation, a
detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection from the hazard of caving ground during the excavation of such trench or trenchsthe
registered plan varies from the shoring system standards, the plan shall be prepared by a regredciv civil
structural engineer. r
2.11 Prior to and during any excavation, Contractor shall comply with Government
Code section 4216 et seq.
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2.12 Contractor shall provide City with the information required by Public Contract
r Code section 4104.
2.13 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees
to assign to City all 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, services or materials pursuant to this Agreement
Sect--- ion I Period of Service
3.1 Contractor shall commence the Project upon City's delivery to Contractor of a
written "Notice to Proceed."
3.2 Contractor shall complete the Project within ninety (90) calendar days from and
after the date of the Notice to Proceed.
Sect--t1on 4• REment and Notice
4.1 City shall pay Contractor the sum of Thirty Nine Thousand Six Hundred Fifty
Dollars ($39,650.00)as complete compensation for the work Contractor performs on the Project.
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 mail shall be addressed as follows:
City:
Michael Taylor
Water Distribution Supervisor
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Contractor:
Mike Munksgaard
Owner
Center Electric
2942 Las Flores
Riverside, CA 92503
When so addressed, such notices shall be deemed given upon deposit in the 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 the person to whom notices are to be given b
giving notice pursuant to this section 4.3. y
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4.4
Contractor has the option to deposit securities with an Escrow Agent as a substi
monies withheld by City to ensure Contractor's performance, Pursuant
section 22300.
withheld
tote for any
P nt to Public Contract Cade
4.5 Pursuant to Government Code section 4215, City assumes the res
the timely removal, relocation or protection of existing main or trunkline utility
site of the Project, if such utilities are not identifeed by City in the plans an responsibility for
lity facilities located on the
Part of Exhibit "A." City shall compensate Contractor for the costs an locating,specifications attached as
due to the failure of Contractor to exercise reasonable care, and removin
facilities not indicated in the plans and specifications with reasonable accuracy repairing damage not
Project necessarily idled during such work. Contractor shall not be g or relocating such utility
delay in completion of the Project, when such delay was caused t uesse and for equipment on the
the utility to provide for removal t, relocation of such utility sed • assessed liquidated damages for
indicate the presence o existing service laterals orappurtenances y the failure , City n the owner of
the Project site can be inferred from the presence ties. However, City is not required to
whenever presence of such utilities on
junction boxes, on or adjacent to the Project site, of
thatlCi facilities, such as buildings, meter and
the plans and specifications attached as part of Exhibit "A."
City must identify main or trunklines in
Section 5• Insurance and Indemnification
5.1 Contractor's Insurance to be Prim All insurance required by this Agreement
shall be maintained by Contractor for the duration of the Project, and shall be
City and non-contributing to any insurance or self-insurance f insurance maintained by City.primary with respect to
5.2 Workers' Com ensation and Em to er's Liabilit .
maintain Workers' Compensation and Employer's Liability insurance for its em
duration of the Project pursuant to Labor Code sections 370 Contractor shall secure and
statutory requirements, with an insurance carrier acceptable to Ci employees throughout the
clude
a provision prohibiting the policy's modiante carrier
0 and he insurance in an amount which meets
n of coverage limits or�cancell t cancellation uponolicy shall thirty
(30) days prior written notice to city. Contctor
Compensation Insurance Certification in them formsha to te hedallu hereto deliver to City a prior to
commencement of the Project. o as Exhibit "I�"
prior
5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold and defend City and its elected officials, employees and agents from and against
losses and lCity , fY� d harmless
ty, including attorneys' fees, arising from injury g nst any and all claims,
Property occasioned by any negligent or intentionally wrongful act or omission of Co
officers, employees and agents, in performing t � �' or death to persons or damage to
g he Project. Contractor, and its
5.4 Ass' mens. Contractor is expressly
associated with the Project without the express prior written consent of City. In the
P y prohibited from assigning any of the work
by the Parties to assign a portion of the Project, Contractor shall add the event of agreement
insured to its insurance policies and provide City with the insurance endorse
assignee as an additional
being performed by the assignee. Assignment endorsements prior to any work
does not include printing or other customary
reimbursable expenses that may be provided for in this Agreement.
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5.5 coml2rehensive General Liabilfty Insurance. Contractor shall secure and maintain
acceptable to City, with minimum coverage of One Million Dollars ($1,000,000)lity insurance, with carriers
Two Million Dollars ($2,000,000 aggregate
City shall be named as an add ti ninsured andhthensuran per Occurrence conalin and
Prohibiting its modification of coverage limits or c liability, property damage and personal injury.
Ce policy shall include a provision
notice to City. A certificate of insurance and cancellation
shalexcept l bethirty
del ver0) days prior written
commencement of the Project. ed to City prior to
5.6 Business Auto Liabili Insurance. Contractor shall secure and maintain i
throughout the duration of the Project business automobile liability coverage, with
s of
One Million Dollars ($1,000,000 n force
per occurrence, combined single limit for bodily injury liability tand
property damage liability. This coverage shall include all Contractor owned vehicles
Project, hired and non-owned vehicles, and employee non-ownership vehicles. Ci
an additional insured and the insurance policy shall include a provision prohibiting used on the
coverage limits or cancellation except upon thirtyh' shall be named as
insurance and endorsements shall be delivered ( priorp o C its modification of
(30) days prior written notice to City. A certificate of
City to commencement of the Project.
5.7 Liquidated Dama es Failure of the Contractor to complete the work
the time allowed will result in damages being sustained by City. Such damages are a
impracticable and extremely difficult to determine. Contractor shall pay to Ci within
monies due it, the sum of $500 for each consecutive calendar da � and will continue to be,
completion of the Project. Execution of this Agreement shall constitute �' or have withheld from
that $500 per day is the minimum and actual damage caused Y excess of the specified time for
Project within the allowed time. Such sum represents liquidated agreement ra City and Contractor
by the failure of Contractor to complete the
penalty, and may be deducted from payments due the Contractorifsu hadelay�occurs� not be construed as a
Section 6• General Considerations
6.1 In the event any action is commenced to enforce or interpret any of the to
conditions of this Agreement the prevailing Party shall, in addition to any costs andor
entitled to recover its reasonable attorneys, fees, including fees for the use of in-housel b a
Party. other relief, be
counsel by a
6.2 All documents, records, drawings, electronic data files and data
base,
photographic prints and negatives, designs and specifications, cost estimates
documents developed by Contractor for the Project shall become the Property of City and shall be
delivered to City upon completion of the Project. P and other Project
6.3 Contractor is, for all purposes under this Agreement, an independent cont
ractor
with respect to the Project and not an employee of Ci
perform the Project are for its account only, and in no event shall Contractor or an r retained City. All personnel employed by Contractor to
by it be deemed to have been employed by City or engaged by City for the account o
Cit g Y personnel retained
City. Nothing in this Agreement shall be considered to create the relationship of employer loyer of,
employee between the Parties.
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6.4 Unless earlier terminated as provided for below, this Agreement shall terminate
upon completion and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason at
any time at its sole
discretion, upon five(S)calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall 1
work associated with the Project and (2) deliver or otherwise make available
design calculations, thePdrawings, s ( )Promptly discontinue all
specifications, reports, estimates, summaries, and such other info
and materials as may have been accumulated by Contractor in PerformingCity,to copies of any data,
be compensated on a pro-rata basis for an P rm
or shall
y work completed up until notice of termination.Contractor shall
entire agreement and underst6.7 This anding
including the exhibits incorporated
negotiations,
herein and an
Proposals and agreements relating y reference, represents the
Agreement. Any amendment to this A g tO the subject matter hereof are superseded byp hos
Contractor, Agreement shall be in writing and approved by City and
6.8 This Agreement shall be governed by and con
of the State of California. construed in accordance with the laws
Dollars ($375,p6.9 or lesClaimsshaby Contractor in the amount of Three
Part 3, Chapter 1, Article 1.5 o f he Pubmadelic Contract Code r Hundred Seventy-five Thousand
shall be in writing and include the documents necessary P ocessed by City pursuant to the provisions of
(commencing with section 20 the All claims
to substantiate the claim.
6.10 If any provision or of this A
law or regulation, it shah n deemed gement is held to be void or unenforceable under an
binding upon Ci stricken, and all remaining provisions shall continue to be valid and
City and Contractor.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation onfirmation of
this Agreement.
CITY OF DLA
ATTEST:
By
n qUe rtin
City Manager Cit' rk
CENTER ELECTRIC.
By
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OEM
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EXHIBIT"A"
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Exhibit "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Smiley Heights Reservoir Booster Station Electrical Panel Rehabilitation Project
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 Agreement. (Labor Code §1861).
Center Electric. —Z211--elf
By: �R� ZMike �Munksga , wner � ��Coctor's License No.
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Western Surety Company
PONVER 01"ATTORNEY CERTIFIED COPY
Bond No, 707679�79
Know All Me,,ByTirese Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws
Of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make.
constitute and appoint T MQTFY E Dr AN
its true and lawful attorney(s)-in-fact, with full Power and authority hereby conferred,to execute,acknowledge and deliver for and on its
behalf as Surety,bonds for
Principal: Henry Munksgaard dba Ce,,.,jter Eiectr4 C
Obligee.: Cit-Y cf Redlands
SD rj
and to bind the,Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with
the corporate seal of tile Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorneys)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of thlbyl w
Company which remains in full force and effect. e following a of Wi-3t�ern Surety
"Section 7. All tends, Policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other
officers as the Board of Direetar--may authorize, The President,any'Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys y
ys in Fact or agents who shall have authority to issue bonds,policies,or ti rdertakings;in the name of the Comparry.
The corporate seal is not nece8sary for the validity of any bonds,Policies,inidertaki-rigs,Powers of Attorney or other obligations of the
corporation_ The si ffn At ire of any such offire r and the vorportvt,;�seal may be,printed by facsimile_" -
All authority hereby conferred shall expire and terminate,without notice,wiless used before rindrught of _je;�rue
2 C71 CJ ,but until such time sball be irrevocable and in full force and effect.
In Witness Whereof We-tern Surety Company has caused these presents to be signed by its Senior Vice President,Paul T.Bruflat
and its corp
�W,44�vsd wbe affixed this 22
—2—rl'- daN of
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W E S T R U R E
' A N Y
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Paul T.Brafla Senior Vice
President
MIA"; Ss
On this 22:'Ci day of S e g t e rin 1�E-.- ill tile,year
Paul T. Brnflat, beftre in--,a notary public,Personally appeared
who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN'SURETY CCMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
+
D. KRELL Z
MOrARY PUBLIC '�-t- y�Public-South fiilio—ta'
SOUTH DAKOtA
+
MY Commission Fypires Noventier 30,2012
I tile tuld-arEignad officor of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney ip in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as
forth in the Power of Attorney i.now in force,.
In testimony whereof.I have hereunto set aw listrid and seal of Western Surety Company this
2
------ epe;".�e, day of
W E S T U R1 E �� (7 0 �d P A N!
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:acknowledgment of Principal
Acknowledgment of Surety (.Attorney-in-Fact)
STATE OF CALIFORNIA
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COUNTY OIt'-..----_I,os_r,rtc>J1✓�s-------
On 23& y before rne, f
date �"
here insert name and title of the offi er
personally appeared TIMCTHY E DEAN
narne{=}of signerES} —
who proved to nse on the basis of satisfactory evidence to be the person(s) whose name{s} is/are subscribed
to the within instrument and acknowledged to rue t'Zat he/she/they executo l the same in his/her/their
authorize capacity(ies), and that by his/her/their signature(s) on the instrument the persons, 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 and and official seal. � �pyy��S.
M1LIK "'�
COMM-# 1798822
Signature NOTARyPUS(Sea1a tis LIC ALCO IFOCOUNTY -�
d#r G0.0, EX" 11AY 22,2912 'A
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Western Surety Company Form 1900-1-2008
Exhibit"C"
LABOR AND MATERIAL BOND
Whereas,the City of Redlands ("City")and Center Electric. (hereinafter designated as"Principal")have entered
into an agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement, dated July 22°d, 2009, and identified as Smiley Heights Reservoir Booster Station
Electrical Panel Rehabilitation Project("Project")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
Project, to file a good and sufficient payment bond with 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.
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 Thirty 'Nine Thousand Six Hundred
Fifty Dollars (S39,650), for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys, fees,
incurred by 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 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
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.
c
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
September 22nd _, 2009.
0 / ly (SE A L) (SEAL)
f-i-Y-eftimothy Dean
,�C!:n�t actor
lsignatcfe)
'---(S—vature)
Address: 1199 S Fairway Dr#101
Walnut–, CA--"j
(Seal and Notarial Acknowledgment of Surety) Telephone(909 )468-2233
1ACa'4m\Agrccrntnts\snnlcy booster panel agreernent-doc 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ' 1 1 C�Z
On G c1li, before me,
am
e an Title of Off car(e.g.,"J �Doe, o �Publib")
'
personally appeared
Names)of Signer(s)
personally known to me
Qr proved to me on the basis of satisfactory evidence)
ton"" lion llto be the person f*whose namej*is�ubscribed to the
NoWy Puwtc-Cowo"4o within instrument and acknowledged to me that
Caxoy heAsAe44oe,executed the same in his/her/their authorized
MYC&►.1%F 4.2M) t capacity( and that by his44eW44@ir signature(s4-on the
�.[ instrument the person`r j or the entity upon behalf of
which the persor4s.) acted, executed the instrument.
WITNESS y h d,and official seal.
Place Notary Seal Above
Signa
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Doc en
Title or Type of Document: ,1 61�-- (' _ G��U ►"�� .,Vl�( Q
Document Date: Z
` Number of Pages: 1
Signer(s) Other Than Named Above: -- t`
Capacity(les) Claimed by Signer(s
Signer's Name: -+kAn•,� ";, e4gner's Name:
dividual L/ ❑ Individual
�r7�7rorporate Officer—Title(s): ❑Corporate Officer—Title(s):
E Partner—❑ Limited ❑ General y ,, Partner—C1 Limited ❑ General
C Attorney in Fact •' ` Attorney in Fact "
❑ Trustee Top of thut7tb here Top of thumb here
Trustee
O Guardian or Conservator iJ Guardian or Conservator
r: Other:
O Other:
Signer Is Representing: Signer Is Representing:
0 2006 National Note ry Association•9350 Da Soto Ave-PO.Box 2402•Chatsworth,CA 91313.2462 Item No.5907 v609 Reorder Call Toll-Free 1-600-876-6827
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Exhibit "B"
PERFORMANCE BOND
WHEREAS, the City of Redlands (hereinafter designated as "City"), and Center Electric. (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 July 22nd, 2009, and identified Smiley Heights
Reservoir Booster Station Electrical Panel Rehabilitation Project("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 Thirty Nine Thousand Six Hundred Fifty Dollars ($39,650)„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 and 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
n
agreement or to the work to be performed thereunder or the specifications accompanying the same shall i
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 terns 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 September 22nd , 2009. Bond No. 70767979
(SE > (SEAL)
Tirnoth
Dean
Contract (Surety}
B
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Address; 1199 S nOne Fairway Dr#'101
(Seal and Notarial Acknowledgment of Surety) Tele talnut— V 9 1789
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calif nia
County of
On before me,
Da Name and Me f officer(e.g.,"Ja Doe,No ry Pu i
personally appeared
Name(s)of Signer(s)
❑_`personally known to me
4or proved to me on the basis of satisfactory evidence)
wrr�.+...+ to be the person(�whose namet*isla*e.6ubscribed to the
AREN
Kl�lSil1�`� within instrument and acknowledged to me that
CommWon #t 1711>�i6
Pubft .Cho hefei ey executed the same in his/he"*mir authorized
Cow" capacity44 and that by hi;�r signaturets�.on the
OWCO"WAr6it5ct#�fttt instrument the person*, or the entity upon behalf of
which the person s}acted, executed the instrument.
WITNESS`,
y nd and official seal.
Place Notary Seal Above
Signa r
Signature of Notary Pu
OPTIONAL
Though the information below is not required by law, it may prove 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: _ ) o"
Document Date: 912-43g Number of Pages:
Signer(s) Other Than Named Above: I Ynl •--------
Capacity(ies) Clai ed by Signer s
Signer's Name: %,eN �`'( •
,Signer's Name:
individual Individual
Corporate Officer—Title(s): :.:j Corporate Officer—Title(s):
❑ Partner—❑ Limited E] General x; :y [D Partner—❑ Limited C:::] General
❑ Attorney in Fact • e „• f
Too or muma here .. Attorney in Fact �
❑ Trustee [_'Trustee Top of thumb here
❑ Guardian or Conservator Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:-
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epresenting:C2006 National Notary Association•9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder Call Toil-Free t-800-876-6827