HomeMy WebLinkAboutContracts & Agreements_29-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction Contract ("Contract") made and entered into this day of
2012, by and between the City of Redlands, a municipal corporation
organized and existing under the laws of the State of California, (hereinafter "City"), and Three
Peaks Corp. (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 ftimish all materials and perform all of the work
for the following: Smiley Reservoir Site Improvement Project, complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's
SMILEY RESERVOIR SITE IMPROVEMENT PROJECT, Project
No. 71222.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $57,539.00 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 Thirty (30)
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
One Thousand Dollars ($1000) 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 One
Thousand Dollars ($1000) 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, Special Conditions, Special Provisions and 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.
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.
8. 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By: �
Mayor, City of Redlands,County of
San Bernardino, California
ATTEST:
City Clerk,City of Owdlarads
County of San Bernardino, California (SEAL)
Name of Contractor
By. ... ,
Signature of Authorized Agent
-;I r 9,
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
SMILEY RESERVOIR SITE IMPROVEMENT
PROJECT, Project No. 71222.
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 2012.
(Contractor)
(Signature)
v
r> -r
(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.)
Bond No.ASBO54
Executed in Duplicate Premium.- $1,438.00
Premium is for Contract Term and Subject
PERFORMANCE BOND to Adjustment Based on Final Contract Price
Whereas, the City Council of the City of Redlands, State of California, and Three Peaks Corp.
(hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements,which said agreement, dated
2012, and identified and identified as SMILEY RESERVOIR SITE IMPROVEMENT
PROJECT,Project No. 71222 is hereby referred to and made a part hereof,and
Whereas, said Principal is required Linder the terms of said agreement to furnish a bond for the
performance of said project.
Now,therefore,said Principal and Hudson Insurance Company as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"), in the penal sum of Fifty seven thousand
five hundred thirty nine dollars and zero cents ($57,539.00) lawful money of the United States, for the
payment of which sum well and truly to be made,we bind ourselves,our heirs, successors, executors and
administrators,jointly and severally,firmly by these presents.
The condition of this obligation is such that if the above bounded Principal,his or hers heirs,executors,
administrator, successors or assigns, shall in all things stand to and abide by,and well and truly keep and
perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as
therein provided, or his or their part, to be kept and 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 therefore,there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in anywise, affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the 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
February 13 2012.
(SEAL) (SEAL)
Three Peaks Corp. Hudson Insurance Company
(Contractor) (S -
15 BY: Yf�/U4111
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4, (signature) U (S- ature) Sarah Myers,Attorney-in-Fact
Address:- 17 State St t, 29th Floor
New York NY 10004
(Seal and Notarial Acknowledgment of Telephone( 212 )978-2800
Surety)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego }
On FEB 13 2012 before me, Lilia Robinson, Notary Pubic
Daae Here Insert Name and Title of the Officer
personally appeared_ Sarah Myers
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(q) whose name(s) is/dtk subscribed to the
within instrument and acknowledged to me that M/she/thoy
executed the same in Mit/her/thblir/authorized capacity(jo,
and that by Mid/her/Mit signature(4) on the instrument the
person(s), or the entity upon behalf of which the person(g)
acted, executed the instrument.
• LILIA ROBINSON COMM. #1870129 RNIA V�9 n
NOTARv ptjgLlCCALIK1 certify under PENALTY OF PERJURY under the laws of
} the State of California that the foregoing
u ~ s,atd DIEGO coutvTr � paragraph is true
My Cammisslon Expires and correct.
NOVEMBER 2g,2013
Witness my hand and official seal.
Signature
Place Notary Sea 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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer Title(s): ❑ Corporate Officer—Title(s)
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
® Attorney in FactElAttorney in Fact ..
El Trustee171 Trustee
El Guardian or Conservator rTo!p'
!7umbhere ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Surety Company
CALIFORNIA AL FIS,CODE 1189
State of California
County of
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". Date He, Insert Name and ,:Ie of ine Officer
personally appeared
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who proved to me on the basis of satisfactory
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subscribed to the within instrument and acknowledged
to me that helhey, executed the same i
hisfr4heir authorized capacity), and that by
MICHELLE A. ELAWDE .;
his/her/their signature{ on the instrument the
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OMMiss+On# 1859245
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Riverside County person acted, executed the instrument.
MY Co _ExpireS Atte 23,2013
1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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Signatu�fe`
Puce Notary Seal Above ?,� Sigr tare of N ry Paul"
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(iies)Claimed by Signer(s)
Signer's Name: —.. Signer's Name:
Corporate Officer — Title(s), Corporate Officer -- Title(s):
Individual Individual
Partner— Limited General ; .I Go of nal-1-1b,r ere Partner — . Limited General I Top of t 7umn`_:r,-
Attorney it Fact Attorney in Fact j
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Trustee ; Trustee 1
Guardian or Conservator I Guardian or Conservator {
Other: F Other:
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2010 N f orm€'rotary Asscrciator-Naisona7Nroary-oro-1-800-US NOTARY,i-800-8%6-652'} -.
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HUDSON No. ALNT-10-0120
INSURANCE GROUP'
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with
offices at 17 State Street,New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and
appoint
Lawrence F.McMahon,James Baldassare,Jr.and Sarah Myers,
each of the State of California
its true and lawful Attorneys)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make,
execute and deliver on its behalf; as 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 shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars
($10,000,000.00).
Such bonds and undertakings when duly executed by said Attorneys)-in-Fact,shall be binding upon said Company as fully and to the same
extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
In Witness Whereof,HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly
authorized,on this 19'h day of July,2010 at New York,New York.
(Corporate seal) HUDSON INSURANCE COMPANY
Attest........ .. .C •-..... $yt` r;""....... 1......
Peter H.Lovell Christopher T.Suarez
Corporate Secretary Executive Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. SS,
On the 19'h day ofJuly,2010 before me personally came Christopher T.Suarez to me known,who being by me duly swom did depose and say that he is an
Executive Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument,that he knows the seal
of said Corporation,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation,and that
he signed his name thereto by likc or
xx" xo mcnvvv,
(Notarial Seal) 2;�
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Notary Public,State of New York
No,01 MC6212495
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* ol124Qualified in New York County: mM96
Commission Expires October 13,2013
CERTIFICATION
STATE OF NEW YO
COUNTY OF NEW YO
The undersigned Peter H.Lovell hereby certifies:
That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent ofthe Board of Directors of
Hudson Insurance Company dated July 27"',2007,and has not since been revoked,amended or modified:
"RESOLVED.that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice presidents shall have the authoritv and
discretion, to appoint such. agent or aagents� or all-omey or attomers-in-fact, for the purpose of carrying on this Company's surety huw;-.-ncv� and to
empower such agent or agents,or attorney or attorneys-ire-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and
recognizances,whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates,and any and all other
contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made,and
FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as 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 affixed."
THAT the above and foregoing is a full,true and correct copy of Power of Attomey issued by said Company,and of the whole of the original and that the
said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said
Power of Attorney is now in farce.
Witness the hand ofthe undersigned and the seal of said Corporation this day of REB 1, 3 2012 20-,
(Corporate seal) By
..........-............ .
Pifer H.Lovell
Corporate Secretary
G 4aw N-EWJiudx nIDSAtPeu ofAttauty-PERF FOPLMS'PerfA 10 ALN-r 7.2010 do
Executed in Duplicate Bond No.ASB054
Premium Included in Performance Bond
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Three Peaks Corp.
(hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements,which said agreement,dated
2012, and identified as SMILEY RESERVOIR SITE IMPROVEMENT
PROJECT,Project No. 71222 is hereby referred to and made a part hereof;and -
Whereas, under the terms of said agreement, Principal is required before entering upon the performance
of the work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the sum of Fifty seven thousand five hundred thirty nine dollars and zero cents($57,539.00)for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Art with
respect to such work- or labor,that said surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face
amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
the City of Redlands in successfully enforcing such obligation,to he awarded and fixed by the court, and
to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying the same shall in any manner affect its
-obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition.
In witness whereof,this instrument has been duly executed by the Principal and surety above named, on
February 13 2012.
(SEAL) (SEAL)
Three Peaks Corp. Hudson Insurance Company
I(Contractor) etv)
BY: Z,
(Signature) (% ature) Sarah Myers,Attorney-in-Fact
Address: 1k/tate
Sr t, 29th Floor
New York, NY 10004
(Seal and Notarial Acknowledgment of Surety) Telephone 212) 97B-2800_
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego }
On FEB 13 2012 before me, Lilia Robinson, Notary Public
Date Here Insert Name and Title of the Off cer
personally appeared _ Sarah Myers
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(q) whose nameO is/dtk subscribed to the
within instrument and acknowledged to me that Mk/she/thq
executed the same in Miff/her/th6fr/authorized capacity(yer4,
LILIand that by Miff/her/ft�dit signature(q) on the instrument the
ROBINS 1person(s), or the entity upon behalf of which the person(q)
NOTARY PUBLIC-CALIFORNIA N
r COoMM M.#18741229 p 0 acted, executed the instrument.
SAN DIEGO COUNTY
My Commisstor,Expires I certify under PENALTY OF PERJURY under the laws of
NOVEMBER 29,2013 the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature
Place Notary Seat Above Signature of Notary Pubic
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:
❑ Individual ❑ Individual
❑ Corporate Officer Title(s): ❑ Corporate Officer—T(tle(s):
❑ Partner---❑Limited❑General ❑ Partner--❑Limited❑General
® Attorney in Fact 7thumbhere
❑ Attorney in Fact
El Trustee ❑ Trustee
El Guardian or Conservator rTop ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Surety Company
CALIFORNIA A CWIL CODE 1189
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On 1 is before me, al w 1'
Date -- Here Insert Name and T .e of the Officer
personally appeared
Name s,at Sianer{s
who proved to me on the basis of satisfactory �<,
evidence to be the persons whose name{ isi 3,
subscribed to the within instrument and acknowledged
o' to me that herstaoghey executed the same in
hislhe44eir authorized capacity(iQ&), and that by
I his/her/their signator on the instrument the
4 _ to r person{ , or the entity upon behalf of which the61
Commissiont perso 6(sf acted, executed the instrument. ?
NotaryPbls cliforl
p ftvrside crtnty
Gt �s.Expires t3 I certify under PENALTY OF PERJURY under the
my laws of the Mate of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signator 1 ''
` Signature of W-tary Pi tic
Race Notary Seal Above
OPTIONAL
Though the information below is not required by later, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another docirmenf.
Description of Attached Document
Title or Type of Document: _ --
Document Date: - --Number of Pages:
Signer(s)Cather Than named Above: _
Capacity(ies)Claim by Signer(s)
� —
Signer's game: - —._ ------ — Signer's Name: --- `
Corporate Officer — Title(s): — corporate Officer — Title(s) 31
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Individual � � � �" Individual
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Attorney in Fact r Attorney in Pat E
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Guardian or conservator Guardian or Conservator
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Other.
Signer Is Representing - - Signer Is representing
-.--0!0 National Notary Association-halivnalNotary. r<•!-800-US NOTA t cGG�-� �-55%7j Item#5907
HUDSON - No. ALNT-10-0121
INSURANCE GROUPO
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with
offices at 17 State Street,New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and
appoint
Lawrence F.McMahon,James Baldassare,Jr.and Sarah Myers,
each of the State of California
its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make,
execute and deliver on its behalf, as 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 shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars
($10,000,000.00).
Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same
extent as if signed by the President of said Company under its corporate seat attested by its Secretary.
In Witness Whereof,HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly
authorized,on this I Vh day of July,2010 at New York,New York.
(Corporate seal) HUDSON INSURANCE COMPANY
SM B'1�
Attest........ .. y-�- .1 __...._
Peter H.Lovell Christopher T.Suarez
Corporate Secretary Executive Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. S&
On the W day of July,2010 before me personally came Christopher T.Suarez to me known,who being by me duly sworn did depose and say that he is an
Executive Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument,that he knows the seal
of said Corporation,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation,and that
he signed his name thereto by like or
..........
MCK!%
...........
(Notarial Seal)
P
Notary Public,State of New York
No,01 MC6212495
E*: 01 12496 Qualified in New York County
Commission Expires October 13,2013
CERTIFICATION
STATE OF NEW YORK
COUNTY OF NEW Y 11111%
The undersigned Peter H.Lovell hereby certifies:
That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
Hudson Insurance Company dated July 27'�,2007,and has not since been revoked,amended or modified:
-RESOLVED,that the President,the Executive Vice]'residents,the Senior Vice Presidents and the V;ce,Presidents shall have the amhoritv and
discretion, to appoint such agent or agents;or attorney or attomeys-in-fact. for the Purpose of cawging or this Comrwity's Surety hu;anc;!,,and to
empower such agent or agents,or attorney or attomeys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and
recognizances,whether made by this Company as surety thereon or otherwise, indemnity contracts,contracts and certificates,and any and all other
contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made;and
FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as 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 affixed,-
THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the
said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said
Power of Attorney is now in force.
Witness the hand of the undersigned and the seat of said Corporation this day of F 2o
E:B 3. 9 012.
(Corporate seal)
ter H.
Lovell
Corporate Secretary
G14 w NEWJ-Ids KOSAIPa .fAticer�WPEftF F0PMS%PvfA.10 ALNT 7.20104"
February 1G. 2O12
THREE PEAKS CORP
13O48BURNS LN
REDLANDS. CA 02373-7418
Re: Barrett Business Services, Inc. (^BB0")
Letter ofSelf-insurance for Workers'Compensation Coverage
As the named addressee of this Letter, your company's required workers'compensation coverage is provided
through BBSI's state approved Self-insured Workers'Compensation Plan by way of your co-employment
contract with B8S|. BBS|'sCalifornia customers can also verify BBS|'estate certification at
hftp://www.dir.ca.gov./SIP/sip.html; next, click on "Self Insured Employers"; then "Rosters";then scroll down to
Barrett(the list isalphabetical bycompany nmma). Additional information inaafollows:
Self Insurance Certification Number:
California: 2240
Oregon: 1068---'
Washington: 706, 116
Delaware: 152
Maryland: 11365~�~�
Colorado: 463 ----
Other Comments(place an^Vif applicable):
| R | Named "Letter Ho|der": City ofRedlands .
�1
LF1 Other: Coverage Effective Dates: 4/04/11 through 04/03/12; BBS|will notify City ofRedlands 3Odays in advance
ofacancellation ofcoverage for THREE PEAKS CORP. RE: 35Cajon St Redlands, CAQ2373
Additionally, BBSI's self-insured program is further supported by an excess workers'compensation insurance policy with
National Union Fire Insurance Company ofPittsburgh, PA. Copy ofcertificate iuavailable upon request.
For additional information, please contact your local 8BS| office at: (909)890-3633
Very truly yours,
Michael LBich BBS|Dffima: SANBERNARO>NO
President and Chief Executive Officer
��:u/mz-2
8100 NE Parkway Drive,Suite 200 Vantommr,0hahinuhm 98662 808.494.5669 360.828'0700 Rm 360.830.0701 ommw.bmrratYbuminmss.mm
---------
PARTNERS IN PROFITAIB/L/rY —
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COMPAhZES AFFORDING vE.4+GE
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I�iURE.1t _ - ELE'r'.EF. A ittatiDnat Wom ire I1mrarrce Company
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COVERAGES
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OtSGRIPnOn Of OPERA'FIONSILOC kTIO IVERIC.LES(Attach AGt>AD 141,Additional RefNAFM Sthedute.it More:3pAte it rt Ulted)
limits shown are afro a$S,00'000 SeF-Wmired retention.
CERTIFICATE HOLOER.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE MAD IT CAREFULLY.
ADDITIONAL INSURED -
OWN ,
OWNERS, LESS OR CONTRACTORS -
SCHEDUI EC MRSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL 084-7-RAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)or orgnnization(s)
(Additional insured): Location(s)of Covered Operations:
ALL PERSONS OR ORGANIZATIONS AS
RMUIRED BY WRITTEN CONTRACT WITH THE
iNSURM"
A. SECTION 11 -WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule for whom you are performing operations when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization is an
additional insured only with respect to liability for "bodily injury", "property damage' or "personal
and advertising injury" casued, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location($)
designated above.
A person's or organization's status as an additional insured under this endorsement ends when
your operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
Additional Insured Contractual Liability
"Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay
damages by reason of the assumption of liability in a contract or agreement.
Finished Operations or Work
Bodily injury" or"property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs)to be performed by or on behalf
of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization.
Negligence of Addlitiortal Insured
"Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the
additional insureds).
ALL OTHER TERMS AND CONDITIONS OFTHE POLICY REMAIN UNCHANGED,
U156-0310 Includes copyrighted material of 180 Properties, Inc_ Page I of 11
with its permission,
2/13/2012 11 :44:56 PAGE 2/002 Fax Seer
I
te CERTIFICATE OF INSURANCE-C� M ERCIAL
ALLSTATE INSURANCE COM ANY-NO' 9fROOK,IL
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY A CONFERS D Rh[iHTS UPON THE CERTIFI ATE HO R. 1 HIS
CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE FFORDED OTHE POLICIES BELOW.
INTERESTED PARTY TYPE:ADD'L INSURED-OTHERIAUT 1
Comments:ADDITIONAL INSURED IS ALSO THE CERTIFIC TE HOLD OIC THIS POLICY
CERTIFICATE HOLDER NAMED INSURED
Name and Address of P^to Whom this Certificate is Issued Name and Address of Insur
CITY OF REDLANDS,ITS CITY COUNCIL AND EACH MEMBER EE PEAK OR
THEREOF AND EMPLOYEE OF THE CITY BOX 101
35 CAJON STREET ALIMESA,G 101
REDLANDS,CA 42373
I
This is to certify that policies of insurance listed belay have been issued to Me insured narood abwe subject to the expirartio date indicated low,
nalwrlhstwdmg any requirement,tens or condifion of any contract or other' ocurnent writo 6"Pect to which this cbe is or fray
pertain_ The Durance afforded by the policies described herein is subject to i$l the terms, Iusi ,and canditionses,
TYPE OF INSURANCE AND
ERAL LIABU.ITY P Nwnber Dab E=
LWO Amount
AGGREGATE LIMIT Other then ftxkjcto-Qw~ i
PRODUCTS.COMPLINg OPgRATIONS AGGREGATE LIMIT
PERSONAL AND ADVERTENNO IWURY LIMrr
EACH OCCURRENCE LIMIT
PHYSICAL DAMAGE UMrT ONE LOSS
MEDICAL EXPENSE UMrT ANY ONE PERSON
AUTOMOBILE LIABILITY Pft Nurrber 4111129/7$1 Eftem Dai■ '.Vt7/i1 Expraton Cjsb 311 A 2
cove ■Bests LIMNS
M ANY AUTO D OWNED AUTOS M ARED AUTOS Sl■gl■Limit of LWbIJRj
IL—Yl F 1.000.000
DAMA13E I I I 1
o SPECIFIED AUTOS m NON-OWNED AUTOS Spurt UOINNq Lhft i
ti
•OWNED PRIVATE PASSENGER AUTOS = 50N
o OWNED AUTOS OTHER THAN PRIVATE PASSENGER is E2.:EIDENT
UMBRELLA LIABILITY Poky 1ko.i r Effacpa help E D416
EACH OCCURRENCE I GENERA.AGGREGATE ODUCTS-COMPLETED OP TKM A 3GR TE
i
is S
OTHER(PolleV Polky OWration
Iitnnbrr Da# l#■M
DESCRIPTION OF OPERATIONS/LOC,ATIONSIVEHICLES/RESTRI PECIAL iTEl%S
i
It is agreed that should the insurance proteclon evidenced herein terminate,the is*wV campeny will endeavor to mail nake ofTpxh tormil udm room
10 days for THE FOLLOWING INTERESTED PARTIES:m2ZM REn ai&14on l insured and■ddrfional intarssted EWY.
HIIGEY INS AGY INC 2JI302
Autxwixed Representative Due
1
COI 10442 LIABILITY(8/05)
BUSINESS TAX CERTIF CATS CITT"11 ou`f RELDILANEDS
This r6celpt does not purporttol)0`#�Jdence of quAlifications, nor does,, Office of the City Treasurer
in connection with Ahe conduct of a lawful business or r„ta atl ill, "l"l rt ann r, not does It 36 Cojon stroot, txit. "158-P.O.Bax 3006
regulate the actwities in a field regulated by the State of California. Redlands, 92373-150Phone: (909)798-7567
l4
Business Name: Three Peaks CorpBUSINESS TAX
NUMBER:
p B 00 6 0 #;
Business Locatiow Job Site
Redlands,.CA 92373 3 usines Type: 028
Description-, Gen Const
Ist Owner Name; EFAk Simmons
n
2nd Owner Nates: 'EffectiveDate: June 22, 2011 l
Expiration Datta: JUne 30, 2012
zt
THREE PEAKS COR
THIS l` EA Its FOR THE BUSINESS TYPE MESSAGE
O BOX 101 Ro tri tert to,11conse holder aril
CLES , CA 92320
4
T14 8 MUST 80,
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