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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 f 17 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 . 1` it ' ' 9n before e 1 ". Date He, Insert Name and ,:Ie of ine Officer personally appeared �€ P1ame{s}of Ssgrer[s} who proved to me on the basis of satisfactory evidence to be the person{ -whose name{ is/aro ; 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 o OMMiss+On# 1859245 Slk r Notary t# - =tfrri person{ , or the entity upon behalf of which the 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. r, � I 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 I Z ; Trustee ; Trustee 1 Guardian or Conservator I Guardian or Conservator { Other: F Other: ...... F Signer Is epresentirg: Signer Is Representing: t y 2010 N f orm€'rotary Asscrciator-Naisona7Nroary-oro-1-800-US NOTARY,i-800-8%6-652'} -. '.gym#69g7 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;� % Notary Public,State of New York No,01 MC6212495 E * 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 "✓<: ..�.�r, ;c;: :.t�;�'; `, �:_..��',r�.�F;:.���.';�.�."�E,�`�.:�s-t�.,:.�-�`��r.,�;€'t�h:r.r�`..�;':," ;.,c;�-;�"�"r��;� �=v:, `. ',f'�f,:� x;`h�F-'`.�-:`>"; `1 kr State of California County of � 1 , 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 y, Individual � � � �" Individual :.� Partner —_ Limited General 3 T,,, f,,,r b he Partner --- Limited General Top tu;thL Attorney in Fact r Attorney in Pat E Trustee .Trustee Guardian or conservator Guardian or Conservator Other: 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 — CERTIFICATE OF UABIUTY INSURANCE Issue Bate. PRODUCER rIntS COMPICATE M ISSUES ASA P l.T SH Cr paF RMA7IC-H Of4t'fAlko CE04P .S UG R.C4fYS UPON THE CMUTFICATE MXD--'- Ran Gr al l*l4T4OluZW re r, Ttf Art- A MATnLt1Ya N rr Y A�s� �c s EO OK A t r Sv�+S Tit Caa'twn T!'9SLe F f .TC .OW.T41 e"E4:FICATE 13F INS ANCE VC e C '�17urg_A li'S,:,."F�.XT - -Tim qw REltse22 NW 2. Avtwe,Sze - R ":ESEaGTdTt'.E O�PRD fi:R,ANG TtIE#CRs>F3Ca.TE NS}L;'"a _ PWtUW,OR 977'0-.>5.1 .>Es,F04TANT tE GF&celIftcate; bWf s An Anornewa,msu .Ime;'MJL-Ft 5 mwv.of cnd - -- if SmiRMATION rs WAIVEM,-Lbwl br the c---maw a_Wt 'h aeu d suets COMPAhZES AFFORDING vE.4+GE COMPANY I�iURE.1t _ - ELE'r'.EF. A ittatiDnat Wom ire I1mrarrce Company Barrett&mlf Se? ,fnt COKPAU7 0100 ME P ;Siete 200 LEITE,lp e Vamm-,xwer,WA 9GE62 COMPANY LET Vt c COMPANY LVl Ep m COMPANY Lv-so' s COVERAGES s HD,I5 TO ttPTLlY Tk4T YHE FOLMES Of 4156UAKU i.STEE+Hi0w HAVE afth i.z z£D TD,.nE.p URED Aa s aegis€fdg"lei "Of P£Px�!%(3kA iii,qucww=zsg'fa m " AW U'4#mftetT.TOW CR.;:'.s:Tia vaN±2'Ak �a'Wurl W QTV&k t icUnw Wro Rt tt:-TO#a�dcm c he z'.z,33.:,}SY' MXf K S.sas ev>`:.�'.�#�,...xa::;is „Y3r.:MUVANCt =-51aa 6Y 7z�E Ps F3€`a nftikgk U iAsfc"vaALL rhe TEN>`1,1 ifE- fiA s,A- SOCIf "Ave ftE£N��33'va+,,,F-"frf@,91«°-'LAjr4S. TR `y'PE OF INSURANCE WHOM DATE DArt LEPdrEAL L1RET'tI"'Y . C GMRAL AC-!s9 SATE. .•-,••-•-. CfWIRERC'IAL GENERAL LIAMP Y peact, E:zcu Faomtirn PR ttLTS"-CO3MPj'UP5 A05RtGATE _ ,4.-...,_...�... =CLAIMS MADE - N.01W Daw l.£w*w PERSONAL&ADVEMSIW MUWf OWNER s&Cfwi''f#r i_WTe Lkvf O URRENce ,,......_ F£RE:DAMACP.Any one tRfit) SWAM MEDICAL EXPENSE[Any Stu gem .... ANALL GWNEG AUTOS BODLt iNXKYfPw pmor, MUM ,.—.,�......_... SCHUNULS AUTOS WETLY TN RY per Acrijer; txxx�zxz,- RMED AIITG-S mr EK TY DAMAGE 0N-C3dVEL A3TO'E tbu.17.004 DEOtiM-SIE _ G49,. E.LVAStLITf- COKPREACNSNE DEDLlCt75LE S EXCESS LIAF�I ITY UlAVRELA FORF4. AGSKEGA t _ 0114;A THAN U49RMA MRK w"RXERS L""PEPo s."i'Fitl §F=EG'E CtJD i.3Nt _ _ A AND V4R_.0YE. 'LIAEPLTT"E 4100_ ItI1201.2 ijij2413 sz,ac ,c tl =sr a::= a tc Llmtt ... i OTHER £u f AaWS-CA,CTE,M WA 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. This;, .ts`*}n iFlefd,-,all :u ctd--W1 l Mf5-1nd AMAC I Mwsa't hs.. 1. .zraljrlel, CN-901, ARX fix:C01-I ar- a � s- t • es- w• •r.a. a -• a . r:tF r i•. r: � , Ar 4.1 J i U.. . RITIAN t r7 AWA= . 1 ! t t i ��-.ai►.iii•7.:V.►tiaiif��i t# I i•t c <t' C• �■�•!°-!�•��.l�i �• + + t;� iii if i ■ �T-iii�fi''Ii ,�r.�r � 111111111■ ■ acHmuLeD Nnm ■ - ! .: ■ ! XMS ■ ` ��.11• tit -i .a"3. M. i■I i 4 i , t �t•'t t!4 ♦ ■ a ♦ "•,' •�.# ♦ R' as = •' Xe 9. • •. y. • -d• ' • .ct tit �:5. f I: •" I. •_-f._ r" _e.. !. ':::,-. `. I IT,TT T 1`� T 1i i� i �',1�i P , - '7 M WHITNEY OAKS INS, A X 9 6 , -,,,-j-! 01 L j, 11.v I L.:�i! A 'IJ 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, D P L ,yp qpw��LAC F, gp,yg pg N Nk�*q A }g n t�