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HomeMy WebLinkAboutContracts & Agreements_69-2005_CCv0001.pdf City of Redlands Alabama Street and Orange Street Bridge Replacement Projects Project Nos. 209300-7230141005(6) AGREEMENT THIS AGREEMENT, made and entered into this I9`"day of April,2005, by and between the City of Redlands,a Municipal Corporation, organized and existing under the laws of the State of California., hereinafter referred to as the "City", and MCM Construction Inc a California corporation("Contractor"). WITNESSETH: That the City and the Contractor, for the consideration hereinafter named,agree as follows: 1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction of Alabama Street and Orange Street Bridge Replacement Projects, complete, all as shown,,specified,and made a part of Contract No. 209300-7230141005(6). 2. For the Contract Sum of$7,626,738.00, in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed per the time stated in Section 53.01 of the Special Provisions. 4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it,the sum as set forth in the General Conditions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders,Proposal and Bid Forms, Bid Bond,Agreement, Performance Bond, Payment Bond, Plans and Specifications, General Conditions, required contract provisions, Federal AID constraint contracts, special provisions,all referenced drawings, specifications,and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City, its elected officials,officers, agents, and employees from and against any and all claims, losses,damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor, its employees or agents in connection with the performance of the March 2005 Page CD-I City of Redlands Alabama Street and Orange Street Bridge Replacement Projects Project Nos.209300-7230/41005(6) Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials, employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1,Article 1.5 of the Public Contracts code(commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201 if the City, receives a third party claim in relation to this Contract,the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the contract documents, 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Contractor. March 2005 Page CD-2 City of Redlands Alabama Street and Orange Street Bridge Replacement Projects Project Nos. 209300-7230!41005(6) IN WITNESS WHERE0F,the parties hereto have executed this Agreement in duplicate on the day and year first written above. crrY SEALy: 24 ic ,0,-,4" ayor,Vity of Redlands Coun of San Bernardino,California ATTEST: t° City clerk,City ofa ds County of San Be ` d'iso,California MCM CONSTRUCTION, INC Name of Contractor C017RACT0R SEAL By: -- Sig tore of Authorize Age t TAMES A. CARTER President/Owner Signatory's 'tl 1 Signature of Authorized Agent (if necessary) EDMUNDO A. PUCHI SECTY Signatory's Title (if necessary) 286430 Contractor's License No. March 2005 Page CD-. City of Redlands Alabama Street and Orange Street Bridge Replacement Projects Project Nos, 209300-7230/41005(6) WORKERS' COMPENSATION INSURANCE CERTIFICATION ALABAMA STREET AND ORANGE STREET BRIDGE REPLACEMENT PROJECTS Contract No.209300-7230/41005(6) Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code Section 1861) APRIL 20, 2005 Date MCM CONSTRUCTION, INC. Name of Contractor By: Signature of Authorized Agent EDMUNDO A. PUCHI GENERAL COUNSEL & TREASURER Signatory's Title 286430 Contractor's License No. March 2005 Page CD-4 Executed in Duplicate City of Redlands Alabama Street and Orange Street Bridge Replacement Projects Project Nos. 209300-7230/41005(6) PAYMENT BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City"),and MC.\4 Construction, Inc. (hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated April 19, 2005, and identified as Contract No. 209300-7230/41005(6), is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work,to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division ') of the Civil Code of the State of California. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of$7,626,738 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division ') of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed there under or the specifications accompanying the p 1 11 same shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. I IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on _ April 21 . 2005. Bond No. 104453396 Travelers Casualty and Surety M.C.M. Construction, Inc. (.SEAL) Company of_America (SE,l L) Principal Surety B By- Ue Signature Carol B. He, r 1WEE_6�7-iey—iri—Fact 7- Address: 100 Californ' eel, Suite 300 San Francisco, California 94111 Ackrovle_,Lm�ms ot-PrincjPi and Surety) Telephone: ( 415 ) 732-1482 March 2005 Page CD-6 STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Dated: April 21, 2005 ILT-10 18(9/04) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On April 21, 2005 before me, Tiana Massey, Notary Public personally appeared-----------------------------Carol B. Henry------------------------------------ Z enry------------------------------------ Z personally known to me—OR- 11 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. TI ANA MASSEY WITNESS my hand and official seal. f Commission# 1452579 gf,It Notary Public-California San Francisco county Sig Lure o10tary TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE , OF AUTHORITY OF ATTORNEYS}-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS,,NTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY OF corporations duly organized under the laws of the State COMPANY, of Connecticut, and having their principal offices in the City of Hartford, County of Hartford' State of Connecticut, (hereinafter the "Compani , , co Present make,constitute and appoint: Carol B.Henry,Bradley N.Wright, es 1 hath made constituted and appointed, and do by these California, their true and lawful Attomey(s)-in- William Phillips Jr,Tiana Massey, of San Francisco, at any place Fa4 with full Power and authority hereby conferred to si 0110wiug instrument(s): by contracts of within the United States, the f his/her sole signature and ac y gn,execute and acknowledge, indemnity, and other writings obligatory in the nature of a bond,recognizance, or con t an and all bonds,reco * ditional underWcing gruzances' consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same and any and all were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, PIU-SUant t authority herein given, are hereby ratified and confirmed. o the uthori This appointment is made under and by authority of the f011owing Standing Resolutions of said Companies,which Resolutions are now in Rill force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President;the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary authority as his or her certificate authority may Agents to act for and on behalf of the company and may give such appointee such may appoint Attomeys-in-Fact and with the Company's name and seal with the Company's seal bonds,reco con Ofi d e Of 0 Y Prescribe to sign of a bond,recognizance,or conditional undertaking, and any of said Officers or the Board of Directors a, do gn'zances tracts indemnity,an they writings obligatory in the nature and revoke the power given him or her. t any time may remove any such appointee VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President; any Vice Chairman,any Executive Vice President;any Senior Vice President or any Vice President any Second Vice one or more Attorneys Presiden� the Treasurer' any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by -in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority mo Company officers pursuant to a written delegation of authority or by one or re This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS COMPANY OF AMERICA, S CASUALTY AND SURETY TRAVELERS CASUALTY AND SURETY COMPANY and FARNIUNGTON CASUALTY COMPANY,which Resolution is now In full force and effect: AS ALTY VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or A orn - _F for One facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and or certificat bearing such f es tt eys in act Purposes Only of executing and attesting bonds and undertaldngs and other writings obligatory in the nature thereot and any such power of attorney future with respect to any bond or certified b y s uch facsimile s ignature and facsimile seal shall be valid and binding upon the Company in the f ey undertaking to which it is attached. 01-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 20th day of January,2004. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA I SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARNUNGTON CASUALTY COMPANY COUNTY OF HARTFORD WRTFOM & a KARTFM a 1982 0 By George W. Thompson �g cow Senior Vice President On this 20th day of January, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 21st day of April 17G05 . sw '�.Ty AVID By .2 2 198 '0 COWL Kori M. Johanson Assistant Secretary, Bond CALIFORNIA ACKNOWLEDGMENT State of California SS. County of Sacramento I On April 22, 2005, before nie, Christine Golden, Notary Public , personally appeared .TAMES A. CARTER personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that.he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CHRI NE GOLDEN COWA.01 SAC tp cCO TY ---- ---------------------- (Seal) Can". AUG.9. 2006 Notary Public Signature OPTIONAL INFORMXFION This optional section is not required by law but may be beneficial to persons relying on this nouirized document. "1'I'1'LE OR'I'YPE OF DOCUMENT Payment Bond DATE OF DOCUMENT April 21, 2005 NUMBER OF PAGES 4 SIGNER(S) O I'HER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME Right Thumbprint Right Thumbprint Executed in Duplicate City of Redlands Alabama Street and Orange Street Bridge Replacement Projects Project Nos, 209300-7230/41005(6) PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as City), and MCM Construction. Inc, (hereinafter designated as Principal)have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated April 19. 2005, and identified as Contract No. 209300-7230/41005(6), is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of seven million six hundred and twenty six thousandseven hundred and thirty eight dollars and no cents($7.626.738.00)for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal,his or her heirs, executors, administrators, successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as therein provided,or his or her part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials, officers, agents, and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on April 21 2005. Bond No. 104453396 Travelers Casualty and Surety M.C.M. Construction, Inc. (SE4L) Cam panye2) Amprflca '(SK4 L) Principal nretN" i By. �eO7 By: , Sig tle-f"J A Sigiature CY rol B. He y, At orney—in—Fact � Address: iOo alifornia/O/tre Suite 300 San Francisco, lifornia 94111 (Notarial Acknowledaments of Principal and Suret}) Telephone: (415 732-1482 March 2005 Page CD-5 STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Dated: April 21, 2005 ILT-10 18(9/04) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On April 21, 2005 before me, Tiana Massey, Notary Public personally appeared-----------------------------Carol B. Henry------------------------------------ personally enry------------------------------------ personally known to me—OR- 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. TIANA MASSEY WITNESS my hand and official seal. N� ComM mission# 145257979 /7 otary Public-California �t? son Francisco Counly ­QWviv comrn,Expires Nov 22,2007 Sin ore of otary TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hufford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS}-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies'� hath made, constituted and appointed, and do by these presents make,constitute and appoint: Carol B.Henry,Bradley N.Wright,William Phillips Jr,Tiana Massey, of San Francisco, California,their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,the following instrument(s): by his/her sole signature and act, any and all bonds,recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile s ignature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 20th day of January,2004. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY I SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD r p6SW XSUA Cc wwrFORa, 1982 0 By cana CONK George W. Thompson Senior Vice President On this 20th day of January, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. -r My commission expires June 30,2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 2 1 s t day of April 2005gJF�[Y Ago BG . C'Ax'sy 0 By WSMOPA 1982 0 Kori M. Johanson Assistant Secretary, Bond CALIFORNIA ACKNOWLEDGMENT State of California ss. County of Sacramento On April 22, 2005, before me, Christine Golden, Notary Public: , personally appeared JAMES A. CAR'T'ER personally known to me to be the person whose name is subscribed to the within instrument,mid acknowledged to me that he executed the same in his authorized capacity, mid that by his signature on die instrument the person, or the entity upon behalf of which die person acted, executed the instrument. WITNESS my hand and official seal... CF#Rt�T1NE f3O.CEN 0 1369 MV s CAUFOMM SACPAMEMCOOM Comm ,Atm.9 ----- ------ ------------ (Seal) Notary Public Signature OPTIONAL INFORMATION Tlus optional section is not required by law but may be beneficial to persons relying on this notarized document TITLE OR TYPE OF DOCUMENT Performance Bond DATE OF DOCUMENT April 21. 2005 NUMBER OF PAGES 4 SIGNER(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME Right Thunftrint Right Thumbprint Coy of Rec"ars Alobar;na Street and Orange Street 8rz ee Rs laR inert Pr iect rc`ect. s.t 50 51 {11x1 5{6} 1••irM Tnr Contractor Note: Bidders shall bid each itettt in this sckedule. All fmtriq in the entire bid must be clearly typed and/or written in ink. The grand total price bid sbaq be written to both words and fpres. Xtem BID SCHEDULE No. DeteriptionQuantity Unit i;nit Extended to Alabama$trect Bruioc;.Roadway im rnvemests do Geuer3i Item Prue AMO 13SIarm l Ls s aS 3 D 000 sident En�neatb Field Office water Pnnutl4rr Pravtantton pi:n l LS S { $ Jr �a pre Eton and t laonentstion I L5 S � 4 tilts CansUxctJontF�r4gress sohedut and GAFiadiC u ales as e,Including tracking of 1 L9 S 35-00 35po 5 Tompomiry Fencing 3,697 Lr- E�446 Devaop Water supplyZ7 Trratfic Centro!Systeml LS S 2 5� 9 I £y�j� 1C1GC} H Clearing$Grubbing LS S I LS S Zp b00 S ZD DOC> 9 Pavemant Remnvaf 1,342 CY 3 00-1 S ) 10 imported Barrow ! 11,908 CY 6'Aspna"t ConcrstQ DU(Caitrsne No.AST.Type A) 2,400 LF S 12 Class 2 Ag 9regate Base 972 CY S 30 13 r>halt Cdncntn pavemont 21296 Tana 3 4 f7s �V I jV 14 Aspl�ali Concrete Pavorrent Apron(d•tt kk) f a 39 Tolls S 1 S fy'7,0 15 Mate]Beam Guard Rail �� L1 334 LP S S36) 16 Terminal System(Typo CAT) / 17 Torminal System Baokup 2 RA S 350o 1000 2 EA S ,fav S 18 3-St mnd Cable RalNng per Std. Plan Bi 1-47p aaa LF s /35 S 3azt/0 n 19 RM44 Conbvt I LSS15p s f5ty Alabama Street Bridge:ChAatxol amd Storms Drain Int roveni 20 1,14 Ton R;prap(rock slope prctisc#r ) 2,$17 Tans S 77 S t F 'l 886crtg No.1 (G�?} 994 ctis S "2 7 5 24 16_36, F ?2 ,erTyaeA 9,i52 -tF S 2 S L3 } F F.farch 2(1{�� P-3 C ty of Redlands Aiat)arrma Street and Orange Street grid e Re la .,t aroiegLs Pr ect .'cs. 2 93J0- 19{}x4' =161 MCM Construction, Inc. Contractor i taco BED SCHEDULE i No. Description Quantity Unit Unit Extended h Ata ama 6trret Bridge:Cisswnel as Storm Dram Iter rovCtnCnis(Cont. Price Amaant U 2.3 Catch Basin per APWA Std.300.2 24 1$"RCP Stssrrrr Crain ripe `� F_8 S �c�j fit? 2,425 LF 5C> S 7 ��� 25 Manttoiea Der APWA Std.321.1 6 g 4 23a 7 200 tonnwater Treatment Dovics iabass>i Saver Ea B ' a U 2 t3ti Im rovensettts 27 3"Candtri#a{PVC Schedule 40)for P,(w e u I as In bridge Ct baMtsr,c!w m g S car urtarrsartces 929 LF 5 2 j J c t1 Alabama Stcaat Bred a:Brod a I r ovamcnts 28 Structufr Excavation(bridge) 29 structure Excavation( p) ° C' s 'p 8$pt F t,zca CY $ 3p 3 p F 30 S�.tcture Dacia{Btieigq) 164 Cir s 3 p 2D F 31 Furnish Sten{Pilfng(Hf'12x74) 1,601 LP s �2- � �5'L L Z 32 Drive Steel Pstirtg(HP12u74) 42 Ba s jppa 33 Furnish Sleet Pang(i•IP14x8g) 2,372 LF S 7 34 Cirrrg Steer Pring{}iP14xt39) _. 3S ssruciL,rBr Conte,Bridge ?8 Ha S did 7r UC7C3 S 36 Structural Concrete,stidge Footing281 CY 3 37 Structural cce►aatn,Approach alah(Type N) t0 S F 38 Bas'Reinforcing Steel(Bridgo) 5,0 Is $ �10 S�7 � � 7Js,Oss LB S jD3 S 73(o 52© FS 39 Prgs�sinA cel-tn•Piacta Generate ..-- 40 JClnt 612f ASSefp 1 LS S j301�U0 g 13o DUp S ty fTYj3e 13,MRa2,5'} 13$ IF S {I Miscellaneous Mata (Bridge)r 13,960 S 3,626 LB S s 72-`�. Z F S 42 ivi.nar Cancrefia(Utility Vault, 43Cottcreta(Cush a) 93 CY SS0 F 5 CY 7``'� MArof;2005 P-4 City of Rediar,C s Alat)ar,ja Street and Orange Street 6 ' MCM Construction, Inc. Connector tam BID SCHEDULE Description Quantity vait UnixEtteuded Street Rdd a, Price Amount 44 C0110fatit Barrier,Typ*732 908 LF $ 4L Lj s3637-0 F 45 lvQtW RarMV 427 LF S 8C) Alabama Street B S3q 1100 F S Instail New rraft 8. 09 Work 46 Naw Yost on Bridge Mod as one,R27 $ each 8624MI)l counted Remove and Sahrag * GIhv dd vQrW 'i0j, 4 47 000 2 SC) 43 pelocato Sign U S _2 i>(X> 49 Striping 36o $ 3o Do.22,DOUWG Yellow so Striping-Tm"Oplastic 1,600 LF s A208.OU 270 PA Ed e.Line 3,270 LF Si "atrwed Pavement Alstkers(Rafl..tK4 Type C'E) G) 134 Ea 7 5�' TOT-A-L AN101jN71115—F ALABA IMA JRRIJD,i��' Rk�LACEMENL .SASE BID S3 ZI 3 (trams 1-5 1) (Traw-fer total base bid mmount to page p_S) AlsbantA Street vid e:Util, Im sovenerru ditive Iterng 52 2'Conduits C Schedule 40)for AdWphja urwnamoes 4' 428 LF S 5 ctw is(PVC Schedule 150)for VsOaman In bridge 2-78 I lledowns&other Qnsincee 36`welded steel I LP $ 54 Water mall,in $ brfdgs E cAv i;VO fft Wowns and other emnce3 r28 LF S 55 421 welded steel pipe Ca9ft tr water main in bridge 3.5'0 Boo A 56 412*Welded MaW pipe Casfng f,ga,fine i . Q LF 46o C")O A aq materials SU n D_go led b The f-"C*m an 494 1-F $ City of RedlarAs Alabama Street and Orange Stmet, Bridce Re;&ceud=mi PrNel Nn_,l% 2M'QtLgz1 0014 1 11105(6) MCH Construction Tn,- Contractor Note- Bidders shall b14 each item In thk Sch9dulle. All entries M the el bid mast be dearly typed and/or wrl in ink. 71a graod total Price bid shall be written in both words and figures. Item DescriptionUnit Extended Orange Street DrIan-'e,Ro Way Im romi Price 57 Mobilization 58 Resident EnglAGIGes Field Ofte 59 Storm Wator POU o1 11-1 vvt:nwn to 00 L) S /6 DOD P(evairation and fmemeptatjcn LS 3000 $CPM C -3000 60 MOVU1vquontol Soho"*,kwAud I_v;­C*fnG of —Prel and j)A?jMjr­Aaf­ —QuOd 61 Temporary Fencing 1,912 LF s Z /,? S 2 - 62 Develop Water Supply 27- 63 Treftic C�cn,,rol System LS $ /SOO S L-1 I /i S 64 ClearMQ, &Gtubeirg - 65 Pavement Remi LS 1 7ao 5 ow 527 CY s 5-?-70 66 RolxGwafjon 4 67 6-Asprilaft Concrete Dike(caltrgrill SW. 23 CY 30 S NO.A,87.T}pa A) 1,138 LF $ 68 Class 2 Agg"te ease 7 s 831ttt 510 CY S 28 S / 2 54 Ar It 7 Gcnczet&Pavement 1,205 T 547S 70 Asphal lt Col F`eveMeM Apron W ftilck) 8 Tons S 4415- 71 MOW Seam Guard Rail 72 T"Jilial System(Type CAT) 384 2 ZA 73 Terminal System Backup 35'00 S 7poo 2 EA S 4 "-Strwd Cable Rafflrg perSW. 57LI)4� s Pifer;811-DC7 1,009 U 134.? "5 Eraelcn Coll Grxa a Street a 1 5 j, rid and Still lill!i-111! $ 1206> otrsestts 7 6 114 Tor,Ruprap(rock Slope protection; 'T '17 0ac'Klnc No o i$ 27 7Z 0 77,aar Type A 2- F 07- 2- 558 Marmnh 2005 City of Redland-9 Alabama Street and Grange Stress: ShOne Rqvtat e ?nt Proiecta Pro lect,403, 209300-51MIM 105(6� MCM rnn-,tt-ry%rt-;nn, Clt-racfor DID SCREDUIX Munit ExTeaded Deswptjon Quantity Unid Price Amount UtrAilic Sweet Bridge:Chtunci nazi Storm Drain Improvements I out. 79 Cii�h Basin—perAPWA Std.-MO-2 and Local 0 2 Ea S 1500 — mrossion por APWA SW-313A,Cue A 30D 90 18"RCP Storm Drain Pipe — 340 LF S 17.C)L,)O SI Slarmwater Tmatm"t E),me-6 Ea s (s 0,0 Orange Street Uridzw Utst 82 Ternporary raiomtjon weteriine b Appurtsnancn I LS $ 251C40 $ 25000 barri 3'Oondub(PVC J. 83 ule 40)for future utffkles in bridge er-cAv ntjdmnz�jL-tik—--., 796 LF $ anr-,s I S 94 -'J,welasa stoat POO W21Qr Min for Redianda MUD in—". rdw -- — -7 — SYROOM UedCWMS and ftanarCoa 398 LF S 2- 4 36'we 85 kW steel—Alpe Ca"for Redlanas muD Water rnmin in hi,� 20 LF S 31C ruents 96 ridge RzMcVal(Existing triple, ultt) —L8 s_7S-00 s 7S-00 87 Structure Excavation(Bridge) 1,328 Cy S 1j2 g f 2- F 88 Structure Excsv--ton(Pipe D) 2,292 1 Cy S F 89 Structure BaCM(Bridge) 96 CY V�2-7 90 Furnish Stea;P4J1M3rHP12x74) 1,621 LIZ F-Ortv*Stasi Pig(HP12X74) S4 Ea 43 ?—CO S 92 Fum1rh 5t91W PUIng(HP14,89) tA` 2.226 LF 3 27 93 Drive Steel pang(Hp,4x8g) 72 Ea S S 94 S*-'�rvf Comcrele,Bridge 2,414 CY S S 93 Sttucturw Concrete,alidge Footing A /&770 327 CY 252') $ & ✓o ] -- I ,75 96 Structural CO(10(ete,Approach Stab(TYPO N) 171 CY S 2 PD „3 3Y 97 Bar P-.;,nfQrcir-9 Stoat(8ridge) 638,666 LB $ 98 pr &trVwAg caswn-place Concrete 1 LS IS 99 Joist Saw Assefnbjy(-�ype B,A/R=270 s .) !00 Mis 154 Is /6,-40o S LJ3 .7- FS C lffty'Vaoti l Is 201 82 Cy S 2? 00 F P-T City of RedianCs A►abama Street and orange Street Bds Q2 aalacement Proi ci P 2 30 t 14100 � MCM Concrr,letion n Contractor Cam BXD SCHEDULE �o• Desrrtptioa Quantity Unit Una ExReaded F. Orange Street e.H ..c ImPrue Amount tZd prevtrAents Coat. U 102 Mt-or Concrcto(Curbs) S CY S s 3 75'0 F ' 103 Cor>ctete 8arriar,Type 732 776 LF S �� S 3! b c F I 04 MOW Railing ,. 362 LF S 8C) s Z8 E 03k aStreet$ ' Si &Suri in Work 60 FB 105 i�New Trs lc SaQn Wrth Now Post on Sedge counted 3&ons. tYDi�l 8 Ba $ 106 Relocate Stgn OU S 3 2 60 I01 S*tng_Thermcpmatte 3 Ba S 00 S DO Dtf- tkxrbl Yellow 989 LF S S log StwAg•ThernI B A108,N 278, Lir1e 1,774 LF s GS s IlS3 109 Robed Pavement Msrkaro(ReRecteve Type C.0 d G) 84 Fa s t 75 s 2-31 TOTAL AMOUNT OF ORANGE ST B j RII3GE REPLACEMENT BAST BID TOTAL A+Xp OF ALABAMA3, �;is 109) �T 13Rwc� cEMEiv�r sAs�$ S3,22-)136q 22� w S 3 Z t 3g (Ttaader 10ra1 baso bid amount from page P-5-Items Gell TOTAL COcMIMD 7t I T 3 O/ WWI base bid amozmtr for 0 AAIOU�VT OF BASE BYY3 S tow s Sheet and Alabama SQ W Brie plcements from above-Items 1-51&57-I09) tltyt fgtl td►y oryt�w. tt Dollars and Oran t Street B vtiH i 4 SQVt4� n Da! Cep 2"Cond,,;m rO° is A dtlttire Items �-- 1 I0 (t& schae�40)for Adolphla h � �otfiar� III dwr ondufra(wC Schell 801 for Verizan In bridge 796 LF S 3 s 2 3 OS `weldedOwn4& Lf S 30 athet a nces 1,712 12- 172 etwsu s�ei ptpe water nraln for Sgy�tyyC in bridge $ 205 A rt',tledowns and atltvr wti 213 36'welded steel pipe... �r SB`.�tveyvp Hees 343 Lp S m brill °wr main 3 $ 135 zo A 1 is 12* **(1 rW5+set pipe casing fcr gas line h t3ttt}gp 26 LF $ S 7�(]� A led b The Qaa Cc 1 428 LF s �� 5 z BOo Match 2(�5 P-8 Recorded in Official Records, County of San Bernardino 1/1g/2007 E RECORDING REQUESTED BY pp ��t p 10:39 0AM 0 AND WHEN RECORDED MAIL TO: cll�� LARRY WALKER MA fa; AP Auditor/Controller — Recorder ij CITY CLERK R Regular Mail CITY OF REDLANDS 35 CAJON STREET Doc#: 2007—0037263 Titles: 1 Pages: 1 P.O. BOX 3005 Fees 0.60 REDLANDS CA 92373 I I ` Taxes 0.06 Other 0.00 � i PAID 50.06 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED NOTICE OF COMPLETION PER GOVERNMENT CODE SECTION 6103 Notice pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: CITY OF REDLANDS 3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate Of the owner is; in fee. 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on January 11,2007. The work done was: Alabama Street Bridge and Orange Street Bridge over the Santa Ana River, 7. The name of the contractor for such work of improvement was: MCM Construction Inc., Po Bax 867, Bloomington, CA 92316 April 19, 2005 (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of California, and is described as follows: Replacement bridges over the Santa Ana River on Alabama Street and Orange Street. 9. The street address of said property is: N/A Dated:January 16, 2007 Senior Civil Engineer,Public Works RKartment,City of Redlands VERIFICATION the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 16, 2007,at Redlands,California. Public Works Director, Public Works Department,City of Redlands