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a,
AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of November, 2003 b
City of Redlands, a Municipal Corporation, organized and existing under they laws of between
thee Stat the
California, hereinafter referred to as the "Ci State of
Rialto, County of San Bernardino, State of California,hereinafter re erred tany o a the "Contraional of ctor".
City of
ctor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named are
as follows: g e
1. SCOPE OF WORK: The contractor will furnish all materials and will perform all of the work
for the following:
Construction of the Redlands Municipal Airport Striping and Markings project, complete, all as
required by the Contract Documents and Specifications for REDLANDS MUNICIPAL
AIRPORT STRIPING AND MARKINGS PROJECT, Contract No. 7-0408.
2. THE CONTRACT SUM: $17,000.00 in accordance with the terms and conditions set forth in
the Contract Documents.
A. 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 City pursuant to an Escrow Agreement as set forth in Public
Contract Code 22300.
3. TIME FOR COMPLETION: The work shall be completed within twenty (20) work days from
and after the date of the Notice to Proceed.
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 of$500 for each consecutive calender
day in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by the City and Contractor that $500 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, Faithful Performance Bond, Payment Bond, Plans and Specifications,
all referenced 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 documents, the prevailing party in such action, in addition
to any costs and other relief, be entitled to recovery of its reasonable attorney's fees.
CD I
s
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims b the Contractor tractor in the amount of
y
$375,000.00 or less shall be made by Contractor and processed by the Cit
y pursu
Provisions of Part 3 chapter 1 article 1.5 of the Public Contracts Code (comm ant
the
th
Section 20104). All claims shall be in writing and include the documents necess to
substantiate the claim. Nothing in subdivision (a) of Public Contracts Code Section 20104,2
shall extend the time limit or supersede the notice requirements provided in this
claims by Contractor. s case from filing
8. ELIGIBILITY OF CONTRACTOR/Sany subcontractors
UgCONTRACTOR: Contractor and
agree to abide by California Public Contractor's Code section 6109 and California Code
sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work o
this project. n
9. ASSIGNMENT OF AGREEMENT: No assignment by a party hereto of any rights or interest
under this agreement will be binding on another s
sought to be bound. PAY without the written consent of the party
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds is
f, its pners,
successors, assigns, and legal representatives in respect to all covenants, agreem nts 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 re
Provisions shall continue to be valid and binding upon City and Contractor. maining
12. DEFENSE OBLIGATION: The contractor shall defend the Ci
ty, its agents, and employees from and against any and all claims, losses,dam damages, andscaus sected offi , ersof
action, including death, brought by any person or persons for or on account of any wrongl or
negligent act or omission of the contractor, its employees or agents in connection with the fu
performance of the contractor's obligation under this contract.
13. INSURANCE: All policies of insurance required by this contract shall name the City, its
elected officials, employees, and agents as additional insureds, and such insurance shall be
Primary with respect to such additional insureds and non-contributing to any insurance or self-
insurance maintained by the additional insureds.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the day and year
first written above.
(SEAL) City of Redlands
(Owner)
By: / z-1 & 1
/May ,r, City of Redlands
County of San Bernardino,California
ATTEST:
City Crk,City o 1 ds
Co ty of San Bernar ino,California (SEAL)
I
Name of Contractor
By: J . 74-�.
Signatureo Authorized Agent
-\)I e-f-e ,
Signato 's Title
10
igna re of Authorized g nt(if necessary)
Title
�56�
Contractor's License No.
CD 3
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract:
City of Redlands
Municipal Utilities Department
REDLANDS MUNICIPAL AIRPORT STRIPING
AND MARKINGS PROJECT, Project No. 7-0408
Labor Code section 3700 provides, in part:
"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 10
day of _ 20ja
M
(Contractor
"(Si, )
(SEAL) (Official Title)
(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
PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as City),
and Sudhakar Company International (hereinafter designated as Principal) have entered into an aaeement
whereby Principal agrees to install and complete certain designated public improvements, which by said
agreement dazed november 4 , 2003, and identified as Construction of the RRDLANDS
MUNICIPAL AIRPORT STRIPING AND MARKINGS PROUXT, Project No. 7-04K 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 famish a good and sufficient faithful perfbrrnance 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 Seventeen Thousand dollars($17,000.00)for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally,fainly by these presents.
The condition of this obligation is such that if the above bounded Principal, lis 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 herr part,to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent anti tucaning,and shall defend,indemnify and save harmless
The City,its elected officials,officers,agents,and employees,as therein stipulated,then this obligation shall
become null and void;otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition the face amount specified therefore,there shall be
included costs and reasonable expenses and fees, including attorney's fees incurred by the City in
successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement or to the work to be performed thereunder or the specifications accompanying the Same
shall in anywise affect its obligations on this bond, and it does hereby waive notice of arty such change,
extension of time,alteration or addition to the terms of the a&Teement or to the work or to the specifications.
IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety warned,
on November 19 ,2003. Bond No. 45038093
Sudhakar Company Internal Greenwich Insurance Comparty
Principal Surrey
By: S• _ By: � o
scgw"c s' r Joyce`..E. Duhr, Attorney--in--Fact
Address: 242 Old New Brunswick Road
_Piscataway, NJ 08854
(NOMM AC4=wkdg7mim ofPruacysl via Surrny) Telephone:(,,.7y„) 562-0200
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i� State of California -
_J ss. �
County of all�lerifl�j4l t1 C) k'
On it- lQ"c 3 before m RRACSQJ, &—li*rr._r. Q/1 ,
Date Niame and Title of Officer(e.g.,`Jane Doe,N ary Public") `
personally appeared we, Flee-n r
Name(s)of Signer(s)personally known to me
1-1 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
lE'RB111 CORNMER subscribed to the within instrument and
a Coo ,ii# 1401125 acknowledged to me that he/she/they executed
Put*c-CoMomia the same in his/her/their authorized
.>. Rlverakle Courfi capacity(ies), and that by his/her/their i
My Comm.Eypkw Feb 18,2007 signature(s) on the instrument the person(s),or
the ( upon behalf of which the person(s)
Yac d, e ecuted the instrument.
1 ESS my hand official seal
Signature of Notary ublic
` 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
Signer's Name_ I
❑ Individual Top of thumb here
C7 Corporate Officer—Title(s):
El Partner Limited F-General
C] Attorney-in-Fact
17 Trustee
CJ Guardian or Conservator
E-jOther: i
Signer Is Representing:
1,
®1999 National Notary Association•9350 De Soto Ave.,PO.Box 2402 Chatsworth.CA 91313-2402-—nationalnotary.org Prod.No,5907 Reorder:Call Toll-Free 1.800.876-6827
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PAYN ENT BOND
tiVHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and
Stidbakar Company hucrnauoual hereinafter designated as "Principal") have entered into an agreement wbercby
Principal agrees to uisTall and complete certain designated public improvements, which by said agrcrmcnt dated
November 4 200, and identified as CoTisuuction of the Redlands Municipal Airport
Stnping and Marldrigs Project,Project No.7-4408,v hereby referred to and made a pan hereof;acrd
WHEREAS,under the terms of said agreement,Principal is required before entering upon the perforrriance of the work,
to furnish a good and sufficient labor and materials payment bond with the City to sccurc the claims To which reference
is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,TFI.EREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City
and 4 contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the
aforesaid agreement and roferred to in the aforesaid Civil Code of the Stato of California in the sum of
Seventeen Thousand dollars($17,000.00)for materials furnished or labor thereon of any kind,or for arrnounts duc under
the Onemploymcrrt lnsurancr Act with respect to such work or Iabor,That said surety will pay the sage in an amount
not exceeding the amount hcrcinabovo 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
Ciry iui successfully cnfoTVing 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 Pan 4 of Division 3 of the
Civil Codes,so as to give a right of action to them or their assigns iii any suit brought upon this bond_
Should the condition of This bond be fully performed,ibcn this obligation shall become null arta 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 perfornled ncwreunder or the specifications accompanying the same shall in anywise
affect its obligations on this bond,and it does hereby waive nonce 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 insnument has been duly exccutcd by the Principal and surety named,
on November 19 2W3. Bond No. 45038093
Sudhakar Company InternationaWAL) Greenwich Insurance Compan�SEAI)
Principal Surety
By: �• �� BY� �� ' '� ` �n i
Signatnnrc lure Joy e E, Duhr, Attorney—in—Fact
1 y-in-Fact
;
Addre,s2 Old New Brunswick Road
Piscataway, N3 08854
(Notarial Acknowledgments of Principal and Surety) Telephone:(732) 562-0200
CD 6
Fr
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
1 i
ry L�L°CV1d r ss.
Coun of
(►�
i On `'-'� t ' 03 before me, jL°rL°�Y� .l..erma r
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Publi")
personally appeared �,
�tg F)�er
r
Name(s)of Signer(s)
personally known to me 'i
J proved to me on the basis of satisfactory
evidence
ORMIER to be the person(s) whose name(s) is/are
C subscribed to the within instrument and
1401125 acknowledged to me that he/she/they executed
!� PmVTes
Coatta
the same in his/her/their authorized
CcwntY '
ca acit fes , and that b his/her/their
Feb 18,2007 p Y( ) Y
signature(s) on the instrument the person(s),or
the ti upon behalf of which the person(s)
ac d, xecuted the instrument. "?
NESS my hand a ficial seal.
Signature of Notary Public
,i
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
C(�c fraudulent removal and reattachment of this form to another document.
S Description of Attached Document
Title or Type of Document: )
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
i
Capacity(ies) Claimed by Signer !
Signer's Name:
Individual Top ofthurnbhere
� 1
Corporate Officer—Title(s):
Partner—iJ Limited General
:J Attorney-in-Fact
C' Trustee
Guardian or Conservator
L Other:
;, Signer Is Representing:
®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No,5907 Reorder Call Toll-Free 1-600-876-6827
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No. G-37- 244,
GREENWICH INSURANCE COMPANY
POWER OF ATTORNEY
'*n0I[r all APIC bV these presents:that GREENWICH INSURANCE COMPANY,a 0 aware cor rbn(the' r ratio ", offices at 7 Seavie enue,Stamford,
Connecticut,06902,has made,constituted and appointed,and by these presents,does make,constitute and appoinPJOYCe t. Duh r, �'er orenza,Vara`logower,
Dawn Godfrey, A.C. Marquis,Jr.,Robert B. Pitts, Jeannette Porrin€
its true and lawful Attorneys)-in-fact,Piscataway in the State of..NeW.Jersey and each of them to have full power to act without the other or
others,to make,execute and deliver on its behalf,as surety or co-surety;bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,
extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shalt obligate the
Corporation for aQyprutiop of the penal sum thereof in excess of the sum of
Five�10
Dollars($...... .. ..
51000,000
prt.,.c`. ...'............:. .. .....•..... ... .
SuEtr b{t fs p edafi 1pr safe purposes,when duly executed by said attomey(*in-fact,shall be binding upon file Corporation as fully and to the same extent as if signed by the President of
tt CCtporatian under its d llp `tr#f Wttested by its Corporate Secretary.
r
hI int t' mad,.4n6i tk ufhonty of certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on the 20th day of December,2002,'a copy of
rpears �4{he hcrgttitfed"Certificate".
1 'is Po of�_ttorney is,4igpi!d and ealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
Se"p#ajrioer &'1� atld resol499 has not since been revoked,amended or repealed:
Q VED,Wt in pnol powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 11,
1;9 ch directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any
such power of attorney or certificate bearing such facsimile signature or seat shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to
which it is attached.
Ju
eoWf Attorney shall expire and all authority hereunder s%terminate without notice at midnight(Standard Time where said aftorney(s)in-fact is authorized to act).
........... .........,20...
1 August
l,PI NES$WHEREOF,the Corporation has caused these presents to be duuly signed and its corporate seal to be hereunto affixed and attested this ........:..day of
2 ..., ,...,at Stamford,Connecticut.
(Corporate Seal) GREENWICH INSURANCE COMPANY
�a 1C:4 €start#V" end'- .... .By.. ..... ,
o a re +dent
STATE OF CONNECTICUT ss: reenwich
COUNTY OF FAffiEIEW.,
On the day rdgust 03 MaryA. Roddy
20........before me personally came,`......... .... ...:...... :..........
#............. .......
to me known,who being by me duly sworn,did depose and say that(s)he resides in
A►W CT ..,...... ......:. that(s)he is a C .P,resldellt..: ........of GREENWICH INSURANCE COMPANY,
#re corporation described in and�hich` Cecuted the above instrument,,that(s)he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seat;thatitwas so affixed
I�ordeepf the BoaPdtii Director of sai0orporation,and that(s)he signed his(her)name thereto by tike order.
(Notaral
............
Snne M. on Notary Public
MC
STATE OF CONNECTICUT ss: Greenwich CERTIFICATE Yomm€ssi Expires t2/31I04
COUNTY OF FAIRFIELD
Karen M Manente Assistant Secretary of GREENWICH INSURANCE COMPANY,
I, . . ... ........ ........................... the......... .....................
a Delaware corporation(the"Corporation"),hereby certify.
1 That the original power of attorney of which the foregoing is a copy was duty executed on behalf of the Corporation and has not since been revoked,amended or modified;that the undersigned has
compared the foregoing copy thereof with the original power of attorney,and that the same is true and correct copy of the original power of attorney and of the whole thereof;
2 The f�ollpw+ff�J e€e tUl is which were adopted by the Board of Directors of the Corporation by unanimous written consent on December 20,2002 and said resolutions have not since been revoked,
�4 that ac#Uf tn(C+dttats named below,is authorized to make,execute,seal and deliver found on behalf of the Corporation any and all bonds,undertakings or obligations in surety or
twrffr others
fi r, X
d 4 Lauri h.` Sheila M.Kelly Mary A.Roddy Suraya K.Kieffer Lynn M.Petilli Sharon L.Sims
AM1r J k
5
REVED PfR,fllae6ch of tfj individuals named above is authorized to appoint attorneys-in-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or
oblid1kilm in surety,or co surety,Vand on behalf of the Corporation
1 The undersigrieaTdMerccrtifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this... 19... __
day of ............. 20, 0........
(Corporate Seal)
arn Mahent ......... _
This Document is printed on colored bonded safety paper.Any reproductions are void.
r.R.
ST..TUOR`' S T., Eib';ENT CF ir11T i ED ASSET
LIAPILi T IES, Cr.PI T AL ND SURPLUS
Cscamin ar 31,2002
Assets: Liabilities,
Bonds 157,740,107 Loss &loss adjustment expenses 40,950,287
Stocks 81,488 Claims payable 10,819,211
Cash and short-term Investments 71,721,350
Unearned premiums 10,785,071
Funds held by company 146,808,027
Total Invested Assets 229,542,945 under,einsurance treaties
Other liabilities 68,029,235
Total Liabilities 286,391,831
Capital and Surplus:
Agents balances 24,598,951
Common capital stock 3,558,100
Funds he'.d by or deposited 36291,191
with resnsured companies Gross paid in and contributed surplus 68,915,853
AC,-n d' :o-est and,;'v:,:e..,+sv„cSSigi ed surplus - _ ..._ -- --- C,4,336,v-45'.
Other admitted assets 52,457,170
Tota! Capital art Surplus 58,137,903
Total Admitted Assets 344,529,739 Total Liabilities, Capital and Surplus 344,529,739
t, Paul Terreri,Vice President and Assistant Controller of Greenwich Insurance Company, (the"Corporation")do hereby certify
that to the best of my knowledge and belief,the foregoing is a full and true Statutory Statement of Admitted Assets, Liabilities,
Capital and Surplus of the Corporation,as of December 31,2002, prepared in conformity with accounting practices prescribed
or permitted by the Insurance Department of the State of Delaware.The foregoing statement should not betaken as a complete
statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principle
office located at Seaview House,70 Seaview Avenue, Stamford,CT 06902-6040
IN WITNESS WHEREOF, I have hereunto set my hand and af;ized the seal of_ihe Gdrpor ion at Stamford, Conne riI�
v i President and Assistant C6ntroller
Lou=
Bond No_ 45038093
RIDER CONTAINING.
DISCLOSURE NOTICE OF TERRORISM CO-I'ERAGE
Ibis disclosure natio is required by the Tezrorism Risk
Act of No ar- ou is
rc quized on your part_ This Discloazc Noticc is incorporat, d . a pug{of tbe2attacbcti bbanci
YcaL should Imo
w that,.�$evtive Nav€MbtT-26 2002, caused b
e i y--ccrtj d.acts of
T Risk Imurance Act of2002. -Under this foray `��a'f �
covered teami_sm losses , the United States reimburses 90%of -
cc d the statutorily cst$b13 > d deductible paid by the insurance
�aIY Providing the coverage_
The portion of Your pr=mznm that is butable to coverage for acts of teirrorism is 50.00.
Il"ORTANT NOTE: TME COSI' OF TERRORISM COVERAGE IS
SLF ECT TO CHANGE ON ANY BOND TE4
ANNUALLY. T I'REMEIU1Yt.IS CHARGED
SIGNED AND SEALED this 19 day of November
. 2Q03 _
SURETY".
€sEALI
C
Signature: E '�,
Fact ►���(��`-`
Joyce
r t
ACKNOWLEDGMENT BY SURETY
STATE OF New Jersey
County of Middlesex ss
On this 19th day of November 12003 , before me personally
appeared Joyce E. Duhz known to me to be the Attorney-in-Fact of
Greenwich Insurance Company the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the
day and year in this certificate first above written.
r
Monika La PorteL,;_- t_.=
Notary Public in the State of New Jersey Expires 03/09/2007
(Seal) County of Middlesex
WC-230/EP 8/90 PRINTED IN U.S.A.