HomeMy WebLinkAboutContracts & Agreements_52-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
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This Public Works Construction contract ("Contract") made and entered into this J1_ day of
t b 2014, by and between the City of Redlands, a municipal corporation
organized and existing under the laws of the State of California, (hereinafter "City"), and Pacific
Utility Installation, Inc. (hereinafter "Contractor"). City and Contractor are sometimes
individually referred to herein as a"Party" and, together, as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following: FERN AVENUE & SAN TIMOTEO CANYON ROAD WATER PIPELINE
REPLACEMENT,complete all items as required by the Contract Documents (as herein defined)
and Specifications for City's FERN AVENUE & SAN TIMOTEO CANYON ROAD WATER
PIPELINE REPLACEMENT, Project No. 71253.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$364,000.00 as consideration for
its performance of the Work in accordance with the terms and conditions set forth in the Contract
Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit
securities with an escrow agent as a substitute for retention of earnings requirement to be withheld
by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within 45 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of $3,000 for each consecutive calendar
day in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that$3,000 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of the Contract documents, the prevailing Party in such action, in addition to
any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees
for use of in-house counsel by a Party.
CD 1
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions
of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104).
All claims shall be in writing and include the documents necessary to substantiate the claim.
Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or
supersede the notice requirements provided in this case from filing claims by Contractor.
S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California
Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible
to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to
be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
g
By:
Mayor, City of Redlands,
County of San Bernardino,California
ATTEST:
City Clerk ' y f Redlands
County of San Bernardino, California (SEAL)
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Name of Contractor
By:
Signature of Authonzed Agent
Title
Signature of Authorized Agent(if necessary)
Title
3 ?
Contractor's License No,
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities &Engineering Department
FERN AVENUE & SAN TIMOTEO CANYON ROAD
WATER PIPELINE REPLACEMENT,
Project No. 71253
Labor Code-, Section 3700,provides, in part that:
"Every employer except the State shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of employers which may
be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this contract. (Labor Code section 1861)
Dated this day of .12014.
A
7L_ i _
�ure)
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the
Contractor with the Owner prior to performing the work of the contract.)
CD 4
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Pacific Utility
Installation, Inc. (hereinafter designated as "Principal") have entered into an agreement dated
, 2013 ("Agreement") whereby Principal agrees to install
and complete certain public improvements (the "Work"), which said Agreement is identified as,
FERN AVENUE & SAN TIMOTEO CANYON ROAD WATER PIPELINE
REPLACEMENT,Project No. 71253 and is hereby referred to and made a part hereof, and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, now, therefore, we, the Principal and
as Surety, are held and firmly bound unto
the City in the penal sum of three-hundred sixty-four thousand Dollars ($ 364,000.00) lawful
money of the United States, for the payment of which sum we bind ourselves, and 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 Agreement
and any alteration thereof made as therein provided, on his or its 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 faithfully fulfill the one-year guarantee of all materials and workmanship,
and shall defend, indemnify and save harmless the City and 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 to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as
costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above
obligation shall hold good for a period of one (1) year or longer if required by the Agreement
after the acceptance of the work by the City, during which time if the Principal shall fail to make
full, complete, and satisfactory repair and replacements and totally protect the City from loss or
damage made evident during this period from the date of completion of the Work, and resulting
from or caused by defective materials or faulty workmanship, the above obligation in penal sum
thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue
so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having performed the City obligations thereunder, the Surety shall promptly
L,
remedy the default, or shall promptly, at the City's option:
I. Complete the Agreement in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder and the City, and make available as work progresses
sufficient funds to pay the cost of completion of the Work less the balance of the Agreement
price, but not exceeding, including other costs and damages for which Surety may be liable
CD 5
hereunder, the amount set forth above. The term "balance of the Agreement price," as used in
this paragraph, shall mean the total amount payable to the Principal by the City under the
Agreement and any modifications thereto, less the amount previously properly paid by the City
to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept
a bid from the Principal for completion of the Work if the City, when declaring the Principal in
default, notifies Surety of the City's objection to the Principal's further participation in the
completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City named herein or the successors or assigns of the City. Any suit under this
bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, 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 any way 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.
No final settlement between the City and the Principal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any
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attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred, with or without suit, in addition to the above sum.
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 any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the Principal and Surety
above named, on 2014.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgement of Surety)
Telephone:
CD 6
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Pacific Utility
Installation, Inc. (hereinafter designated as "Principal") have entered into an agreement (the
"Agreement") whereby Principal agrees to install and complete certain designated public
improvements (the "Work"), which said agreement, dated 2014, and
identified as FERN AVENUE & SAN TIMOTEO CANYON ROAD WATER PIPELINE
REPLACEMENT, Project No. 71253 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the
performance of the Work, to file a good and sufficient Labor and Material bond with the City of
Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the City and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the afore-said Code of Civil
Procedure in the sum of three-hundred sixty-four thousand Dollars ($364,000.00) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that said surety will pay the same in an amount not
exceeding the amount 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 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 insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 3 (commencing
with Section 9550) of Part 6 of Division 4 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 here-by stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the 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.
CD 7
In witness whereof, this instrument has been duly executed by the Principal and surety
above named, on 2014.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgement of Surety)
Telephone:
CD 8
v.
DATE(MM/DDfYYYY)
AcoR" CERTIFICATE OF LIABILITY INSURANCE
4/17/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. 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).
PRODUCERp CONTACT
Bolton &COm any NAME:
3475 E. Foothill Blvd., Suite 100 PHONE 626 799-7000 FAX No: 626-583-2125
Pasadena, CA 91107 E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE MAIC#
www.boltonco.com 0008309 INSURERA: HDI-Gerling America Insurance Com an
INSUREDINSURER B: Navigators Insurance Company
Pacific Utility Installation Inc.
DBA: Pacific Utilityy Installation INsuRER c: International Ins Co of Hannover
1585 Harmony ClR INSURERD:
Anaheim CA 92807 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 19873214 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDEXP
L SUER POLICY NUMBER MM100YtYYYY MMlDDEFF YtYYYY LIMITS
LTR
A J COMMERCIAL GENERAL LIABILITY ✓ EGGCU000131314 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE a OCCUR rence $ 100,000
MED EXP(Any one person) $ Excluded
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY F�]PRO-JECT 0 LOC PRODUCTS-COMP/OPAGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY EAGCU000131314 4/1/2014 4/1/2015 EOaccd�Nent) LE LIMIT $ 1,000,000
/ ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
✓ HIRED AUTOS ✓ AUTOSNOWOPhysical Damage PROPERTY DAMAGE $
Per aaadent
COMP/Coll $ 1,000
B UMBRELLALIAB f OCCUR LA14EXC798200IV 4/1/2014 4/1/2015 EACH OCCURRENCE $ 5,000000
✓ EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000
DED I ✓I RETENTION$10,000 $
A WORKERS COMPENSATION EWGCU000131314 4/1/2014 4/1/2015 ✓ STATUTE ETH
AND EMPLOYERS'LIABILITY —
ANY PROPRIETORIPARTNER/EXECUTIVE —Y N/A E.L.EACH ACCIDENT $ ,1,000,000
OFFICERIMEMBER EXCLUDED? I
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000
C Leased/rented equipment CPR14EO94900 4/1/2014 4/1/2015 $250,000 Limit/$1,000 deductible
C Installation Floater CPR14EO94900 4/1/2014 4/1/2015 $100,000 Limit 1$1,000 deductible
i
r
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
GL Additional Insured CG 2010 0413&CG2037 0413.Re:Operations of the Named Insured.
Additional Insured(s):City of Redlands
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Redlands THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
35 Cajon Street ACCORDANCE WITH THE POLICY PROVISIONS.
Redlands CA 92373
AUTHORIZED REPRESENTATIVE
Kim Sautter-Ramos
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
CERT NC.: 19893214 Nancy Cadwallader 4/17/2014 11:09:40 AM Page 1 of 4
^
POLICY NUMBER: EGGCUOOO131314 COMMERCIAL GENERAL LIABILITY
CG 28100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY'
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED PERSON OR
����������U������0����
�°m'�����x�u�~�� m o��u�
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s)Of Covered Operations
Where required by written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section || — VVha Is An Insured is emended to B. With respect to the insurance afforded to these
include aoonadditional insured the (o) or additional inounsds, the following additional
organization(s) shown in the Sohedu|e, but only exclusions apply:
with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or and advertising injury" "property damage"occurring after:
caused, inwhole orinpart, by:
I. All work, including moteha|e, parts or
1 Your or
' ' equipment furnished in connection with such
2. The acts or omissions of those acting on your work. on the project (other than aemima,
behalf; maintenance orrepairs) tobaperformed by or
in the performance of your ongoing operations for on behalf of the additional insured(s) at the
the additional insured(s) at the location(s) location of the covered operations has been
designated above. completed; or
However: 2, That portion of 'your vwod/' out of which the
injury or damage arises has been put to its
1. The insurance afforded to such additional intended use by any person ororganization
insured only applies tothe extent permitted by other than another contractor orsubcontractor
law; and engaged in performing operations for o
2. |fcoverage pnn/idedhotheadditione| inauredia principal esapart ofthe same project.
required by a contract or agreement, the
insurance afforded to such additional insured
will not be brooder than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20100413 @ Insurance Services Office, |nu.. 2O12 Page 1of2
* m
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional inmureda, the following is added to Insurance shown inthe Declarations;
Section III LUnm#e���m�urance'
— ' whichever ioless.
If coverage provided to the additional insured is This endorsement ehmU not increase the
required by acontract oragreement, the most we applicable Limits of Insurance shown in the
will pay on behalf of the additional insured is the Declarations.
amount ofinsurance:
1. Required bythe contract nragreement; or
Page 2of2 CInsurance Services Office, |no.. 2O12 CG2V10A413
POLICY NUMBER: EGGCUO8O131314 COMMERCIAL GENERAL LIABILITY
CG 20370413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS — COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
Where required by written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. GeoUan 11 -Who KsAnInsured isamended tn B. With respect to the insurance afforded to these
include aoanadditional insured the peroon(s) or additional inouredu, the following is added to
organization(s) shown in the Schedu|e, but only Section |||-LinnibsQf|nsumencm:
with respect to liability for "bodily injury" or If coverage provided to the additional insured is
"property damage"caused, inwhole orin part, by required ' -~''
� contract or nt, the most we
described in the Schedule of this endorsement - behalf additional"your work" at the location designated and willz
pay .a| insunsd is the
performed for that additional insured and amount ofinsurance:
included in the "products-completed operations i. Required bythe contract oragreement; or
hazard". 2. Available under the applicable Limits of
However: Insurance shown inthe Declarations;
1. The insurance afforded to such additional whichever ialess.
insured only applies to the extent permitted This endorsement shall not increase the applicable
by law, and Limits ofInsurance shown inthe Declarations,
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded Uosuch additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 3704 13 @ Insurance Services Office, Inc,, 2012 Page i of
Lfate Of California
CONTRACTORS STATE LICENSE BOARD
Coo -, ACTIVE LICENSE rp
Affairs
�.Erwe , 733207CORP~.
PACIFIC UTILITY INSTALLATION
INC a
-__--,- C 10 A R
XT 11M
�,�e 03/31/2015 www,cslb.ca.gov _
EXECUTED IN TWO COUNTERPARTS
BOND # 3375624
PREMIUM: $6,188
FAITHFUL PERFORMANCE BONI)
Whereas, the City of Redlands ("City"), State of California, and Pacific Utility
Installation, Inc. (hereinafter designated as "Principal") have entered into an agreement dated
APRIL 17, 2014 , IOU ("Agreement") whereby Principal agrees to install
and complete certain public improvements (the "Work"), which said Agreement is identified as,
FERN AVENUE & SAN TIMOTEO CANYON ROAD WATER PIPELINE
REPLACEMENT, Project No. 71253 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, now, therefore, we, the Principal and
GREAT AMERICAN INSURANCE COMPANY
as Surety, are held and firmly bound unto
the City in the penal surn of three-hundred sixty-four thousand Dollars ($ 364,000.00) lawful
money of the United States, for the payment of which sum we bind ourselves, and 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 Agreement
and any alteration thereof made as therein provided, on his or its 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 faithfully fulfill the one-year guarantee of all materials and workmanship,
and shall defend, indemnify and save harmless the City and 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 to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing Such obligations, all to be taxed as
costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above
obligation shall hold good for a period of one (1) year or longer if required by the Agreement
after the acceptance of the work by the City, during which time if the Principal shall fail to make
full, complete, and satisfactory repair and replacements and totally protect the City from loss or
damage made evident during this period from the date of completion of the Work, and resulting
from or caused by defective materials or faulty workmanship, the above obligation in penal sum
thereof shall remain in full force and effect. The obligations Of Surety hereunder shall continue
so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option:
I Complete the Agreement in accordance with its terms and conditions; or
1 Obtain a bid or bids for completing the Agreement in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder and the City, and make available as work progresses
sufficient funds to pay the cost of completion of the Work less the balance of the Agreement
price, but not exceeding, including other costs and damages for which Surety may be liable
CD 5
hereunder, the amount set forth above. The term "balance of the Agreement price," as used in
this paragraph, shall nican the total amount payable to the Principal by the City tinder the
Agreement and any modifications thereto, less the amount previously properly paid by the City
to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept
a bid from the Principal for completion of the Work if the City, when declaring the Principal in
default, notifies Surety of the City's objection to the Principal's further participation in the
completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City narned herein or the successors or assigns of the City. Any suit tinder this
bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, 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 any way 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.
No final settlement between the City and the Principal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any
attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred, with or without suit, in addition to the above sum.
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 any way 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 duty executed by the Principal and Surety
above named,on APRIL 17 2014.
(SEAL) (SEAL)
PACIFIC UTILITY INSTALLATION C. GREAT )INSURANCE COMP
BY:(Co
BY: BY::
attire) CHARLES L. FLAKE (Signature)ATTORNEY-IN-FACT
Address: 750 THE CT H 1#4770
Ty DRIVE SOUTH
(Seal and Notarial Acknowledgement of Surety) ORANGE, CA 92868
Telephone: ( 714)_2_40-2400
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of orange
On 4-17-14 before me, Lexie Sherwood, Notary Public
Date Insert Name and Title of the Officer
personally appeared Charles L. Flake Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the
LEXIE STEW person(s), or the entity upon behalf of which the person(s)
OOD
COMK#2031782 acted, executed the instrument.
4- NOTARY PUSLIC*CALIFORNIA 5
ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of
Comm.Exp.JULY 27,2017 the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal
Signature
Place Notary Seal Above 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 Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name- Signer's Name:
El Individual El Individual
El Corporate Officer—Title(s): El Corporate Officer—Title(s):
El Partner—El Limited El General 0 Partner—171 Limited F71 General
El Attorney in Fact 'AlUN V 0 Attorney in Fact Z-
0 Trustee OF SIGNER n Trustee
El Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
El Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary Association-9350 De Soto Ave_P.O.Box 2402-Chatsworth,CA 91313-2402-www.NatioilaiNotary.org Item#5907 Reorder:Cal[Toll-Free 1-800-87"827
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT L CODE 189
Sete of California
County of
On before me, IeC4 l
a&tj�, lv��"7cd
Data Here insert Name and Title of the
ny
personally appeared � e E
Name(s)of Signer(s)
�x ,
who proved to me on the basis of satisfactory
evidence to be the persono inose name(s) Ware
subscribed to the within instrument and acknowledged
to me that hels,pr,6lthr executed this sage in
hislt rlth d authorizedcapacity(i ), and that by
his/t*/th r signature} on the instrument the
person ); or the entity upon behalf of which the
trRif+1
person{acted,executed the instrument.
r.. _ y� H
G 85"202809H
'_ r isdor I certify under PENALTY OF PERJURY under the
ori cr - laws of the State of California that the foregoing
4#4 14, 2017 paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ��
Place[Votary seal Above 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 Document
Title or Type of Document:
Document Date: Number of Mages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer{s}
Signer's Name: Signer's Name:
Corporate Officer —Title(s): Corporate Officer -- Title(s):
Individual F Individual
Pa 0 Limited Oj General Partner— v Limited 0 General
E Attorney in Fact z Attorney in Fact
Trustee Trustee
Guardian or Conservator D Guardian or Conservator
Other: 01 Other:
Signer Is Representing: Signer Is Representing:
O 2012 National Notary Association •l=lation 7t-Volar .crg• 1-800-US NOTARY(1-800-876-6827) Item#59017
GREAT AMERICAN INSURANCE COMPANYO
Administrative Office: 301 E 4TH STREET 0 CINCINNATI,OHIO 45202 * 513-369-5000 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
No,0 14406
POWER OF-ATTORNEY
KNOW ALL MENIN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attomey-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety-any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof-,provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L.CULBERTSON RICHARD A.COON ALL OF ALL
CHARLES L.FLAKE LEXIE SHERWOOD ANAHEIM, $100,000,000.00
CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 20TH day of OCTOBER 2012
Attest GREAT AMERICAN INSURANCE COMPANY
waur
s f
Assistant Secretary J)tvisional Senior Vice President
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405)
On this 20TH day of OCTOBER 2012 before me personally appeared DAVID C. KITCHIN, to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company,that the seal
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
KAREN L GROSHEIM
NDTARY MIX,STWE OF OHIO
WCOMANINIMEWRIMOND-16
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2608.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Ince Presidents and Divisonal Assistant Vice
Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Comparry,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,to prescribe their respective duties and
the respective limits of their authority:and to revoke airy Stich appointment at any time.
RESOLVED FURTHER_ That the Company seal and the signature of air of the qlbresaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to arypower of aftorney,or certificate of either given for the execution of ativ,bond,undertaking,contract of suretyship,
or other written obligation in the nature thereof,such signature and seat when so used being hereby,,adopted b'v munt the Comas the original signature of such
officer and the original seal of the Company.to be valid and binding upon the Company with the same force and effect as though manually tiffired.
CERTIFICATION
1,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9.2008 have not been revoked and are now in full force and effect.
Sinned and scaled this 17TH day of APRIL 2014
Assistant Se6eetary
S1 029AC(4/11)
EXECUTED IN TWO COUNTERPARTS BOND # 3375624
PREMIUM INCLUDED IN
PERFORMANCE BOND
LABOR AND MATERIAL BONI)
Whereas, the City Council of the City of Redlands, State of California, and Pacific Utility
Installation, Inc. (hereinafter designated as "Principal") have entered into an agreernent (the
"Agreement") whereby Principal agrees to install and complete certain designated public
improvements (the "Work"), which said agreement, dated APRIL 17 , 2014, and
identified as FERN AVENUE & SAN TIMOTEO CANYON ROAD WATER PIPELINE
REPLACEMENT, Project No.71253 is hereby referred to and made a part hereof; and
Whereas, tinder the terms of the Agreement, Principal is required before commending the
performance of the Work, to file a good and sufficient Labor and Material bond with the City of
Redlands to secure the claims to which reference is made in Title 3 (con-miencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound onto the City and all contractors, subcontractors, laborers, material irien and other persons
employed in the performance of the Agreement and referred to In the aforesaid Code of Civil
Procedure in the sum of three-hundred sixty-four thousand Dollars ($364,000-00) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that said surety will pay the same in an amount not
exceeding the amount 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 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 insure to the benefit of any
and all persons, companies and corporations entitled to file claims tinder Title 3 (commencing
with Section 9550) of Part 6 of Division 4 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 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.
CD 7
a
i
i
In witness whereof, this instrument has been duly executed by the Principal and sLirety �
above named,on _ APRIL 17 — 2014.
(SEAL) (SEAL)
PACIFIC UTILITY INSTALLATION n NC. GREAT AMERICAN INSURANCE COMPANY
(co-
BY:
co BY: BY:
nature) CHARLES L. FLAK (Signature)ATTORNEY—IN—FACT
Address: 750 THE CITY DRIVE SOUTH X6470
(Seal and Notarial Acknowledgement of Surety) ORANGE, CA 92868
Telephone: ( 714 )� 740-2400
CIS 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE,§ I 189
State of California
County of
L46�
On before me, ILA- lall-_fVe /_jk -1,114,
Date Here Insert Name and Title of the 0ift,
personally appeared ell, 4-
Narners)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the persono whose name(' isles
subscribed to the within instrument and acknowledged
to me that he/spe,/they executed the same in
his/her/their authorized capacity(ie6), and that by
his/her/their signaturo6) on the instrument the
personw, or the entity upon behalf of which the
HIN A" i,H persono acted, executed the instrument.
i
t 1
COMInIsStOn # 20280994. r
Z Notary Public -California Z
Z
Z Orange CountyI certify under PENALTY OF PERJURY under the
Comm,Lmires Jun 14�2017 laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: I
Place Notary Seal Above 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 Document
Title or Type of Document: AI
Document Date: Number of Pages:
Signer(s) Other Than Named Above-
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): L":Corporate Officer — Title(s):
Individual
ndividual
F-I Partner—"OlLimited General Partner — Limited General
Attorney in Fact Attorney in Fact
r
7] Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
Cc 2012 Nacional/Votary Association •NationalNotary.org • 1-800-jiS NOTARY(1-800-876-6827.) item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On 4-17-14 before me, Lexie Sherwood, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Charles L. Flake Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the
LEXIE SHERW D person(s), or the entity upon behalf of which the person(s)
COMB.1112031782 a acted, executed the instrument.
(D NOTARY PUBLIC, G)
&CALIFOR41A
ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of
Comm.Exp.JULY 27,2017 the State of California that the foregoing paragraph is true
and correct.
Witness my hand and officialEi al.
Signature
Place Notary Seal Above Signature AorN.P(ryy 41uNc J
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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
El Individual El Individual
El Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
El Partner—0 Limited El General 0 Partner—El Limited El General
El Attorney in Fact 0 Attorney in Fact
El Trustee 0 Trustee
El Guardian or Conservator I Topofthumb here El Guardian or Conservator Top of thumb here
El Other: El Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9354 Be Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www,NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
GREAT AMERICAN INSURANCE COMPANYO
Administrative Office: 301 E 4TH STREET 0 CINCINNATI,OHIO 45202 * 513-369-5000 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
No.0 14406
POWER OFATTORNEY
KNOW ALL MENBY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below-each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L.CULBERTSON RICHARD A.COON ALL OF ALL
CHARLES L.FLAKE LEXIE SHERWOOD ANAHEIM, $100,000,000m
CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 20TH day of OCTOBER 2012
Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Semor rice President
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405)
On this 20TH day of OCTOBER 2012 before me personally appeared DAVID C. KITCHIN,to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company.the Company described in and which executed the above instrument;that he knows the seal of the said Company,that the seal
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
KAREN L.GROSHEIM
NDTARY PUBLIC,STAK OF OHIO 2^-- - -A
MY COMMON IMP S02-20-16
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2608,
RESOL VFD: That the Divisional President the several Divisional Senior Nice Presidents, Divisional Nee Presidents and Divisonal Assistant Mice
Presidents, or any one of them,be and hereby is authorced,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf ofthe Company,
as surety any,and all bonds,undertakings and contracts ot'suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and
the respective limits qftheir authority:and to revoke any such appointment at any time.
RFS0PFD FURTHER That the Company seal and the signature of any=of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney=or certificate of either given for the execution of any bond undertaking,contract of suretyship,
or other written obligation in the nature threqf,such signature and seal when so used being hereby adopted by
v the Company as the original signature ot'such
officeron?,
er and the original seal of the Compare;to be valid and binding upon the Company with the same force and effect as though ntanualljv qftred.
CERTIFICATION
1,STEPHEN C-BERAHA-Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and scaled this 17TH day of APRIL 2014
Assmant
S1 029AC(4/11)