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HomeMy WebLinkAboutContracts & Agreements_146-2010_CCv0001.pdf AGREEMENT TO REMOVE AN UNDERGROUND TANK AT THE REDLANDS MUNICIPAL AIRPORT This agreement for the removal of an underground storage tank located at the Redlands Municipal Airport("Agreement") is made and entered into this 27h day of September, 2010 ("Effective Date")by and between the City of Redlands,a municipal corporation("City")and George Bryant Construction("Contractor"). City and Contractor are sometimes individually referred to herein as a AParty@ and together,as the AParties.@ 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 remove an underground storage tank at the Redlands Municipal Airport(the"Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractor's licenses •required for the services to be performed and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2.1 A. The specific Services which Contractor shall perform are more particularly described in Exhibit"A, "Scope of Services,"which is attached hereto and incorporated herein by this reference. Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of the Services including but not limited to all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et. seq. and non-discrimination laws including the American's 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 perform the Services are on file at the City's Quality of Life Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing)Redlands, California 92373. B. Contractor agrees that if it violates the Labor Code relating to prevailing wage, that City may enforce the Labor Code by the issuance of a notice of the withholding of contract payments to Contractor pursuant to Labor Code section 1771.6. C. Contractor agrees that if it executes an agreement with a subcontractor to perform any Services under this Agreement that Contractor shall comply with Labor Code sections 1775 and 1777.7, including providing the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 17761 1777.5, 1813 and 1815. Contractor - I - acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing wages will be enforced by City pursuant to Labor Code sections 1775 and 1813. D. Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications,retention and inspection. E. Contractor acknowledges that eight (8) hours constitute a legal day's work pursuant to Labor Code section 1810. F. 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. ARTICLE 3 -PERIOD OF SERVICE 3.1 Contractor shall perform the Services in a prompt and diligent manner and complete the Services within twenty-one (21) calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City. ARTICLE 4 -PAYMENT AND NOTICE 4.1 City shall pay Contractor for the Services the sum of Twenty Three Thousand Three Hundred Sixteen Dollars ($23,316). 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 section 22300. 4.2 Payments by City to Contractor shall be made within thirty (30) days after receipt and approval of Contractor's invoice, by wan-ant payable to Contractor. 4.3 All notices, invoices and payments shall be made in writing and may be given by personal delivery or by mail. Notices, invoices and payments sent by mail should be addressed as follows: City: Rick Cross City of Redlands Quality of Life Department PO Box 3005 Redlands, CA 92373 Contractor: George Bryant, Owner Ronald E. Franklin, Project Manager George Bryant Construction 9333 Golden Street Alta Loma, CA 91737-2821 -2- When so addressed, such notices shall be deemed given upon deposit in the United States mail; in all other instances, notices, invoices 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, invoices and payments are to be given by giving notice pursuant to this Section 4.3. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Except for workers' compensation insurance, all insurance required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services and shall be primary with respect to City and non-contributing to any insurance or self- insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of the Services. 5.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of the Services pursuant to Labor Code sections 3700 and 1860 and in an amount which meets statutory requirements with an insurance carrier acceptable to City. 5.3 Contractor shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Contractor, its officer, agents and employees in performing the Services required by this Agreement. 5.4 Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of its coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of the Services. 5.5 Business Auto Liability_Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($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 on the project, 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 and a certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. -3- 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 use of in- house counsel by a Party. 6.2 Contractor shall not assign any of the Services except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Services provided pursuant to this Agreement and not an employee of City. All qualified personnel provided by Contractor pursuant to the provisions of this Agreement are to be employed by Contractor 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 between the Parties. 6.4 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all 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 required by this Agreement. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals or oral or written agreements relating to the same are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City. 6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. -4- IN WITNESS WHEREOF, duty authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLAND ATTEST: By Tina Kundig City Clerk Finance Director/Treasurer Date t By � r e Auth rized Representative Name George Bryant Construction (MM1DDr"YYI CERTIFICATE OF LIABILITY INSURANCE [_-TATE 09/29/2010 PRODUCER 714.685.3200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LEGENDS ENVIRONMENTAL INS.SVCS,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2165 N GLASSELL STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORANGE,CA 92865 LICENSE #OC79875 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: CENTURY SURETY COMPANY GEORGE BRYANT CONSTRUCTION, INC. INSURER B: WILLIAMSBURG NATIONAL INSURANCE CO. 9333 GOLDEN STREET INSURER C: ALTA LOMA, CA 91737-2821 INSURER D: INSURER E: Serial# 105815 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE POLICY NUMBER PA ICYM FFCTIV PQLIC PID TI N LIMITS GENERAL LIABILITY aTT EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY CCP658149 7/1/10 7/1/2011 PREMISES Ea occurrencel $ 100,000 CLAIMS MADE t X OCCUR MED EXP (Any one person) $ 10,000 X ASBESTOS/LEAD PERSONAL&ADV INJURY $ 2,000,000 X CONTRACTORS POLL GENERAL AGGREGATE $ 2,000,000 FEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPtOP AGG $ 2,000,000 F71 POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALLOWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKEWS COMPENSATION AND WC0600185 7/1/2010 7/1/2011 TORY LIMITS I °R EMPLOYERS'LIABILITY B ANY PROPRIETORIPARTNERIEXECUTIVE YIN EL EACH ACCIDENT g„ 1,00(},000 OFFICEMAEMBER EXCLUDE"" EL DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) la es,describe under EL DISEASE-POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below A IPROF. LIA. CCP658149 7/1/10 7/1/2011 INCLUDED IN ABOVE LIMITS CLAIMS MADE RETRO DATE 7/1/04 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CITY OF REDLANDS IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED INSURED. RE: REDLANDS AIRPORT 1745 SESSUMS DR. REDLANDS, CA UST REMOVAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF REDLANDS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTN: NIKKI HONORE IMPOSE NO OBLIGATION OR LIABILITY OF NO UPON THE I R ITS AGENTS OR P.O. BOX 3005 REPRESENTATIVES- REDLANDS, CA 92373 AUTHORIZED REPRESENTATIVE f ACORD 25{2009!01} 1988-2009 ACORD CORPORATION.All rights reserved. The ACORD dame and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009101) Oct 05 10 04:37p p.2 ,,,J.,# CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERM114ATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE. HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRIITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that 10 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois d STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM!INDEMNITY COMPANY of Bloomington, Illinois,or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below. NAMED INSURED: GEORGE AND MARGUERITE BR``AWT ADDRESS OF NAMED INSURED: 3333 GOLDEN ST ALTA LO A, CA 31737 POLICY NUMBER 1110-9051-C20-75A EFFECTIVE DATE OF POLICY 09/20/--0-()3/20/11 DESCRIPTION OF 2004 DODGE R. I 25001 VI714 I VEHICLE(including VIN) 3D1frA28674G161706 LIABILITY COVERAGE Z YES F] NO ❑YES (-1 NO Q YES NO Q YES NO LIMITS OF LIABILITY i a. Bodily Injury Each Person 1,000,000 Each Accident b. Property Damage Each Accident =,000,0c0 c.Bodily Injury& Property Damage Single Limit Each Accident PHYSICAL DAMAGE �— COVERAGES 2 YES ❑ NO ElYES ❑NO ❑ YES F NO F YES 0 NO a. Dor» r-hen-sive 200 t3eductibie Deductible $ Cleductible $ Ded ct"bfe 0 TEs ❑ NO YES ❑ NO [ YES ❑ NCS [I YES ❑ NO b.Collision $2uO Deductible w Deductible $ Deductible $ Deductible EMPLOYERS NON-OWNED CAR LIABILrry COVERAGE 1-1YES M No ❑YES F-1NO ❑YES Q NO ❑YES ❑ NO COVERT GE LIABILITY ❑ YES 0 NO ❑YES ❑NO ❑YES ❑ NO [:1 YES ❑ NO FLEET-csgvERaE FOR Flo cwuNQR�ANDu�ENSED ❑YES � NO j Q YES ❑ NC} -to YES E] NO YES F-1 NO t __. AGENT 75-7657 1010512010 Signaturfi dfAE6oilzed Representative Title Agent's Code Number Date Larne and Address of Certificate Holder Marne and Address of Agent CITY OF RFDLANDS RAY uALLINA P.O. BOX 3005 827 S AVE REQ ivS, GA 92373 ORANGE, OA 92866 I INTERNAL STATEFARM USE LY,- 0 Request pe- anent Certificate of Insu for l'abit!t coverage, `.22429.3 R v 07-26.2005 0 Request Certf5cate Holder to be added as an Addifflorat Insured_ �'►� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD,YY} PRODUCER 09/29/2010 714-685-3200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LEGENDS ENVIRONMENTAL INS.SVCS,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2155 N GLASSELL STREET HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ORANGE,CA 92865 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LICENSE #OC79875 INSURERS AFFORDING COVERAGE INSURED NAIL# INSURER A: CENTURY SURETY COMPANY GEORGE BRYANT CONSTRUCTION, INC INSURER B; WILLIAMSBURG NATIONAL INSURANCE CO. 9333 GOLDEN STREET INSURER C: ALTA LOMA, CA 91737-2821 INSURER D: INSURER E: COVERAGES Serial# 105815 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I TYPE Of INSURANCE POLICY NUMBER Y P C CY N GENERAL LtABtUTY LIMITS EACH OCCURRENCE $ 2,000 000 A X COMMERCIAL GENERAL LIABILITY CCP658149 7/1/10 7/1/2011 AI 70 RENTED n f 100,000 CLAIMS MADE IX OCCUR MED EXP (Anyone soul S 10,000 X ASBESTOS!LEAD PERSONAL 8 ADV INJURY $ 2,000,000 X CONTRACTORS POLL GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,(}00000 POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY {Per parson} $ HIRED AUTOS NON OWTiED AUTOS BODILY INJURY (Per accrcfent) f {PPRar as ci entDAMAGE $ } GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGC $ EXCESS/UMBRELLA LIA84LITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION S $ WORKER'S COMPENSATION AND WC0600185 7/1/2010 7/1/2011 T yr T, - �_ $ � EMPLOYERS!LIABILITY , ANY PEFVMF-BERJEXCLUDRJEJ{ECUTiVE Yj EL FACH ACCIDENT $ 1 00{},000 OFfICER1MEMBER EXCLUDED? Mandatary In NH yyE de� EL DISEASE•EA EMPLOYEE S` 1,000,000 SPECtAL PROVISIONS below EL DISEASE•POLICY LIMIT 3 1,000,000 A PROF. LIA, CCP658149 7/1/10 7/1/2011 INCLUDED IN ABOVE LIMITS CLAIMS MADE RETRO DATE 7/1/04 DESCRIPTION Of OPERATIONS/LOCATIONS(VEHICLESMXCLUSIONS ADDEDBY ENOORSEMEHT/SPECUIL PROVISIONS CITY OF REDLANDS IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED INSURED. RE: REDLANDS AIRPORT 1745 SESSUMS DR. REDLANDS, CA UST REMOVAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ExP=RATION DATE TStEREOF. THE ISSUING INSURER IMLL ENDEAVOR TO MAIL 30 C<AYS b'JRITTEN ATTN: NIK3CI HONORS CITY REDLANDS NOTICE TO THE C'ERTIF'ICATE t#OLOER NAMED TO THE LEFT BUT FAILURE TO DO SCJ SHALL P O BOX 3005 IMPOSE NO OBLIGATION OR LIABILITY OF A NO UPON THE q R ITS AGENTS OR REDLANDS, CA 92373 REPRESENTATIVES # AUTHORIZED REPRESEh1TATIVE ACORD 25(2009/01) (01988-2009 ACORD CORPORATION.All rights r 11 eserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorse d. A stat on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)ement If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. C{JF2t1 25 I2t}(}9Jo1} Oct 05 10 04:37p p2 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING, 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT W NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAY'S FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that ,TATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, IAinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas. Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois,or STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has co verage In force f_or the following Named Insured as shown below: NAMMED INSURED, G--'OPGE A"D I',GUEAV-E ERY:fiNT' - -... ADORESSO�DINSURED, 9333 GC1LVEN 3T ALTA 10V-A, ^A 91737 POLICY NUMBER Ii0-9051 C20-7 A EFFECTIVE DATE .OF POLICY 09/20/10-03/20/11 - DESCRIPTION OF 2004 DODGE PunM VENICLEttncErd gVINI 2500 Veal 31)7KA28674G161 i06 ( LIABILITY COVERAGE YES ❑ NO ❑YES ❑NO ❑YES ❑ NO ❑ YES ❑NO LIMITS a. Bodily Injury Each Person 11000,000 Each Accident b. Property Damage --- -- Each Accident 11000,000 c. Body Injury& Property Damage Single Limit Each AccidBnf PHYSICAL DAMAGE COVERAGES ®YES ❑ NO Q YES Q NO ? ❑ YES a. Cern ehensivet 100 Deducr,Tte S ❑ Np ti ❑ YES ❑NO Dedtctible � Deductible Deductible< b, Collision S2-50 []NO Q'YES :]NO ❑YESS 250 Oeductdae Detuc*� ❑NO YES ❑NO EMPLOYERS eductibe ` $ �educib et3 CAR LIABILITY COVEE ❑ YES 0 NO Q YES Q NO ��YES Q NO HIR�ELIASIUTY ❑ YES ❑YES ❑NO._ 0 NO ❑YES [ NO ❑YES ❑NO [ YES 0 NO FLEET-ccyuERnGE FOR _ M R VEHICLES o n YES NO E-1YES ®NO ❑YES Q NO 0YES [ NO ALL�Al�O(JC �. . SignaAGENT 75- 1 '7 'C/05/2C10 ty o uttx►riat�dRefir�rserrtati� ._._.,_._-___-_V_ TIt?r .-----.�."."`_ Name and Address of Ct1#Icate Holder Agent°�C,ade�� to CITY OE' zt5 osfti blame and Address of Acrerrt P.O. Boat 3005 RAY -ALL-NA "� _ -- —�------.------, REDL.PtINDS, CA 92373 627 S ""Vs':--N AVE ORANGE,, CA 42866 714-639-,-641 i ATTV: iIKK lit tl.nt i= Ftt+lA1. Tt'~TE x29.3 Rear.37-28,205 I�Beq st pe~ anent Cert, to of insurance for i abs#ty overa e _ egc.est Celt 1cale H01c#er to be added as an Acdrtioral 1 n ured Premium flor contract term and is so�ject to I'adjustment based on final Premium: No. 14-10220-PP contract price PERIFORMANCF,BOND Premium: S583,00 Issued in tNvo original Counterparts Whereas,the City Council of the City of Redlands, State of California, and George Brant Construction, Inc. 'hereinafter designated as "Principallf) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement,dated September 27th and identified as Varier Ground Tank Removal, Bid# IMI, 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 performarice of said project. Now,therefore,said Principal and First Seaford Surety Company as surety, are hold firmly bound unto the City of Redlands(hereinafter can 'City,%in the penal sum of Twenty-Three Thousand Three Hundred Sixteen Dollars 23,316.00 1 lawful money of the United States, for the�paymeut Of which =in Well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firixily by these presents. The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors, adn-Ardstrator, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part,to be kept and perfonned 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 Pecs, including reasonable attorney's fees incurred by the City in successfully enforcing such Obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the agreement or to the work 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 tonins 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 September 30th, _2p10 Georg& ant Const ion In (SEAL) First Seaford Surety Company (SEAL) (C nota (Sur p (Signature) BV, {Si gmture)Shaunn 'Burchfiel,Attorney-in-Fact Address: 160 North Riverview Drive, Suite 200 'Anaheim Hills CA 92808 (Seal and Notarial Acknowledgment of Telephone( 714 ) 820-4562 Surety) Premium for contract term and is Bond No. 1 0-10220-PP -sikiect to a4instment based on final Premium included in performance bond Contract price Issued in two original C01.111terparts LABOR,kND MATERIAL BOND NVhereas,the City Council of the City of Redlands, State of California,and George Bryant Construction, Inc. �inafti= .—She designated as "PrincipalI have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated September 27th, 2010 and identified as Under Ground Tank Removal, Bid#10-01,is hereby referred to and made a part hereof,and Whereas, under the terms of said agreement, Principal Is required before entering upon the performance of the work,to 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 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firtilly bound unto the City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum OfT",e Three Thuusan Three Hundred Sititeen Dollars(!!L,-3I6M 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 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 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 term of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this borid,and it does hereby waive notice of any such change, extension of time,alteration or addition. In witness; wh=of, this instrument has been duty executed by the Principal and surety above named,on Septemb5r 30th ;010 Georgeryant Construr (SEAL) (SEAL) tion, Inc. First Sealord Surety Company urd < J (Signature) (SiV'Nturc)Shaunna Bu;h;fiiel, Attorney-in-Fact Address:160 North Riverview Drive, Suite 200 Anaheim Hills-,-C-A-7121W (Seal and Notarial Acknowledgment of Surety) Telephone(714 )82 -456-2 6 ACKNOWLEDGMENT State of California County of Riverside } On September 30th,2010 before me, Traci Larson,Notary Public (insert name and title of the officer) personally appeared Shaunna Burchfiel,Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the perWith whose name�4 i are subs ribed to the within instrument and acknowledge o me that he/ ey executed the same in his&their authorized capacity), and that by hi /he !their signature�a`� on the instrument the person, or the entity upon behalf of which the person(o 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. naaaasoeHae.oreeaes++oos�.++.4+.++�+�� WITNESS my hand and official seal. ti I`RAct U� SON ., C^,MNA;t 1876296 M LU d' ORANGE COUNW DU Commission Expires Jan.31,2014; Signature4�� �� � �«....b.„.4................ (Seal) First Seaford Surety, Inc. Power No: ACA-0782-10-08271 Power of Attorney KNOW ALL MEN BY THESE PRESENTS:That First Seaford Surety, Inc.,a corporation of the Commonwealth of Pennsylvania,(hereinafter the "Company")has made,constituted and appointed,and by these presents does make,constitute and appoint Shaunna Burchfiel and/or George its true and lawful Attorney-in-Fact,to make,executte nddei veron isb half insurance Policies,rsu surety bonds, undertakings and other instruments of a similar nature as follows: ....` ' Not To Exceed Five Million Dollars—______ $5,00,000.00) Such insurance policies,surety bonds, undertakings and instruments for said purposes,when duly__( execu ted by he aforesaid Attorney-in-Fact,shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal;and a!1 the acts of said Attorney-in-Fact,pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies,Bonds,Recognitions,Stipulations,Consents of Surety, Underwriting Undertakings,and Instruments Relating Thereto. Section 12-1.Insurance policies,bonds, recognitions,stipulations, consents of surety and underwriting undertakings of the Corporation,and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Corporation: for the Corporation appointed and authorized by the Chairman of the Board,the President,or a Vice President to make such signature;or c)by orporation: a)by the Chairman of the Board,the President or a Vice President, and by the Secretary or an Assistant Secretary;or b)by an Attorney- such other officers or representatives as the Board may from time to time determine.The seal of the Corporation shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative.The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF,First Seaford Surety,Inc. has caused these presents to be duty signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January,2004. a First Seaford Surety,Inc. (Seat) ; Attest: By. Commonwealhr of Pennsylvania Gary L. Bragg,Secretary Joel D.Cooperman,Vice President County of Monlgiriery On thy,22nd day of April 2010,before me personally appeared Joel D.Cooperman,Vice President of First Seaford Surety,Inc.,satisfactorily proven to be the poison whose came is subscribed to this instrument(driver's license),who, being by me duly sworn,said that he resides in the Commonwealth of Pennsylvania,that he is Vice President of First Seaford Surety, Inc.,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said Corporation;that the seal affixed to said instrument is such corp—t-�o.a fh�f it u„Q�„�ffi—A by Board of Directors''6Y4aid Corporation;and that he signed his name thereto as Vice President of saic --I— of of P6 ania i .VAt auntyof Re(awarq f�( I^ s %U #�#,C 1 - Notary Public .'N N.;� 1= , RUC CERTIFICATE 1,-the"tfidersigned Se�rfetaryF3;.2012 irst Seaford Surety, Inc.tdo hereby certify that the original Power of,,,, ,,,�� „� correof ct bdpy,.)s in full farce a effect on the date of this Certificate and i do further certify that the Officer who executed the said Power of Attorney was one Surety, n OfficeEs rtafjcD te”d by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of First Seaford Surety, Iric,: is.Certlfcate'may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Seaford Surety; liic.: .11 "Section 12-2.The use of a printed facsimile of the corporate seat of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article Xii, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds,underwriting undertakings,or other instruments described in said Section 12-1,with like effect as if such seat and such signature had been manually affixed and made." in Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this jgLi�hday of ...,7, 20 tom_. This power of attorney is void unless the Bond number is inserted in this paragraph(insert Bond#here 1 9 2 I S) --r P number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or bylthe gent. (seal) Ga L Bragg, ecretary l�ir�r_.tir.rl,�rJ Surelr_P(?;ld�tic tl:d Q112O2tXl�I