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HomeMy WebLinkAboutContracts & Agreements_160-2021PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract') is made and entered into this 7th day of September, 2021, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Elecnor Belco Electric, Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1 SCOPE OF WORK. Contractor shall furnish all materials and will perform all of the work for the following: Conduit installation, intersection rewire and installation of one (1) City provided traffic signal cabinet located at San Mateo Street and Brookside Avenue, complete all iterns as required by the Contract Documents (as herein defined) and Specifications for City's Conduit Install, Rewire & Traftic Signal Cabinet Exchange — FCS 05272021KG (the "Work"). 2 CONTRACT SUM. City shall pay Contractor the sum of Eighty Two Thousand Five Hundred Fifty Dollars ($82,550) 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 required to be withheld by City pursuant to an escrow agreement as set forth in 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 City's issuance of a Notice to Proceed to Contractor 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 Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) 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 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. This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents"). 6. ATTORNEYS' FEES. In the event any 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 Three Hundred Seventy Five Thousand Dollars ($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 1_,:\ca\ djm Agreerrients\Elecnor Bee() Electric Contract.PW-3.1.1,Y21-00 to.docicjn 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. L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW 3 LCY21-0016.docx.jn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST e Donaldson, City Clerk Paul T Barich, Mayor (SEAL) Elecnor Belco Electric, Inc Name of _ ontractor By ture of Authorized Agent 3 Title Signature of Authorized Agent (if necessary) Title 738518 Contractor's License No L \ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3 1 FY21 0016.doca.jn CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of San Bernardino } On 8/20/21 before me, Rebecca Wilks, Notary Public (Here insert name and title of the officer) personally appeared Roger DeVito who proved to me on the basis of satisfactory evidence to be the person(s) whose names)is re subscribed to the within instrument and acknowledged to me that i.he/they executed the same intis er/their authorized capacity(i-es), and that by r er/their signature(s-) on the instrument the person(-s-), or the entity upon behalf of which the person(s-) acted, executed the instrument I 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 J4.01 Notary Public Signature (Notary Public Seal) REBECCA WILKS Notary Public Caiifornia San ISernarefino County Commission # 2300424 My Comm Expires A.:g 5 2023 ♦ ♦ INSTRUCTIONS FOR COMPLETING TIIIS FORv1 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City of Redlands contract (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Other Notai 7hr.e form corrrplies with current C. ail/bruin statures regarding notary t, ording and if needed should he completed and attached to the document Acknowledgments from °mina stares ino) he completed for documents being sent to that state so long as the wording clues not require the C. alilornia nofarb to riolate (cllif0 nia notary law • State and County information must be the State and County where the document signers) personally appeared belort, the notary public for acknowledgment. • Date of notanzation must be the date that the signer(s) personally appeared which must also be the same date the ackno vledpment is completed • Tin. notary public oust print his or her name as It appears within his or her connnrsston followed by a comma and then your ntle. (notary public) • Print the names) of document signer(s) who personally appear at the time of notarization • Indicate the correct singulai or plural torus by crossing oft incorrect forms (i.e -he/she/they is 'lire) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • "the notary seal impression must be clear and photographically reproducible Impression must not cover text or (Ines If seal impression smudges re seal it a sufficient area permits aherwls . coniplet, a different aclunowledgnient form • Signature of the notary pubin roust match the signature on file with the office of the county clerk Additional information is not required but could help to ensure dos askno ledgnient is not misused or attached to a different document Indicate title or type of attached document number of pages and date Indicate the capacity claimed by the signer It the claimed capacity is a corporate, officer indicatt the tole (Lc C'EO, CFO. Secretary) • Securely attach this document to the signed document with a staple Bond No 9387404 Premium. $319 00 FAITH FU L PERFORMANCE BONI) Whereas, the City of Redlands ("City"), State of California, and Elecnor Belco Electric, Inc (hereinafter designated as "Principal") have entered into an agreement dated September 7, 2021 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Conduit Install, Rewire & Traffic Signal Cabinet Exchange Project and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a t)ond for the vtdolity aim Deposit Company 'faithful performance of the Work, now, therefore, we, the Principal and, or Mary land as Surety, are held and firmly bound unto the City in the penal sum of Eighty Two Thousand Five Hundred and 00/100 dollars ($ 82,500.00 ) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part ofthe obligation secured hereby and in addition to the lace amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from. the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option. 1 Complete the Work in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement pnce, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall L: cu\djrn Agreemen 13elco Electric Contract.PW 3.1 .FY2 I -00 I 6.doex.jii mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety m fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Pnncipal for completion of the Work if the City, when declaring the Pnncipal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereundei or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on August 20 , 2021 Elecnor Belco Elec t . In �1Ry�tractor) ature) CM) (SEAL) (SEAL Fidelity and Deposit Company of Maryland (Signature) A,i(ems R Apostolidis, Attorney In Fact Address 1299 ZURICH WAY, 5TH FLOOR SCHAUMBURG 1L 60196 1056 (Seal and Notarial Acknowledgment of Telephone ( 847 ) 605 6000 Surety) L \ca\djm'Agreements\Elecnor Belco Electric Contract.PW 3 I FY21 0016.doLx.Jn CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of San Bernardino } On 08/24/21 before me, Rebecca Wilks, Notary Public (Here insert name and title of the officer) personally appeared Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person(e-) whose names-) is re subscribed to the within instrument and acknowledged to me that Se he/they executed the same in(his er/their authorized capacity(ies), and that by isher/their signature( on the instrument the persons-), or the entity upon behalf of which the persons-) acted, executed the instrument I 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 Notary ublic Signature ♦ (Notary Public Seal) REBECCA WILKS Notary P„b;ic California z San Berna•dlno County > Commission z 2300424 My Corr- Expi es Aug 5 2023 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City of Redlands (Title or description of attached document) performance bond (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) D Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING TFIIS FORvI ♦ this (orm complies with current C. nlifn'nia statutes regarding notary wording and If needed should be completed and attached to the document acknowledgments from othci etate.s mai he completed fOr documents being scant to that state so long as the wording does not requre the Calitilrma notary to srolate Cali/orma notary la" • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary puhlie must print his or her name as it appears within his or her commission hollowed by a comma and than your tithe (notary public) • Print the names) of document signer(s) who personally appeal at the time of (notarization • indicate the correct singular or plural forms by crossing, oft incorrect forms (i.e he/she/they is 'are ) or circling the correct lurms Failure to correctly indicate, this mbsmmation ma} lead to rejection of document recording • Ile notary seal impression must be clear and photographically reproducible Impression must not cover text or lines if seal impression smudges re seal if a sufficient area permits otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk: Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document number of pages and date. Ind,catc. the capacity claimed by the, signer If the, claimed eapacny is a corporate officer indicalc the. title (i.e CFO. CFO Secretary) • Securely attach this document to the signed document with a staple NOTARY ACKNOWLEDGMENT OF SURETY: State of Connecticut County of Hartford ss On this the loth day of August undersigned officer personally appeared Alexis R Apostolidis , known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney -In -Fact for Fidelity and Deposit Company of Maryland , and acknowledged that s/he executed the same as the act of his/her principal for the purposes therein contained In witness whereof I hereunto set my hand , 20 21 , before me, Timothy S Huffman, the Signature of Notary Public Date Commission Expires February 28, 2026 Timothy S Huffman Printed Name of Notary TIMOTHY S. HUFFMAN NOTARY PUBLIC CT 183092 My Commission Expires Feb 28, 2026 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAI TY AND SURETY COMPANY FIDEISTY ANI) DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN 13Y THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY a corporation oldie Slate of Now York, the COLONIAL AMERICAN CASUALTY AND SUR1:TY COMPANY a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V Section 8, of the By -Laws of said Companies, which arc set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PI.,ANF'I'A, Bethany STEVENSON, Joshua SANFORD, Aimee R. PERONDINE, Bryan NI. CANESCLII, Alexis R. APOSTOLIDIS, Michelle Anne MCMAHON, Rebecca M. STEVENSON, Brendan W FLETCHER, Cassandra BAEZ, Jacqueline R. SVSCO, Janee WRIGII I', Kathryn PRYOR, Nicholas'1'URECAMO, Phillip M. KNOWER of Ilartford, Connecticut , EACII, its lruc and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety and as its act and deed. any and all ponds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, as fully and amply to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in Ncw York, New York. the regularly elected officers of the COLONIAI AMERICAN CASUALTY ANI) SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly cicctcd officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland. in their own proper persons. The said Vicc President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS Wl]hRLOL the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Scats of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY ANI) DEPOSIT' COMPANY OF MARYLAND this 22ND day of December A.D 2020. t4P7 ATTEST ZIIRICII AMERICAN INSURANCE COMPANY COLONIAI. AMERICAN CASUAI Tv AND SURETY COMPANY FIDELITY ANI) DEPOSIT COMPANY Oh MARVIAND 13v Robert 1) MurJay Vice President ( -1 )c-o v/c 13y /)awn F Brown Secrete/)' State of Maryland County of Baltimore On this 22nd day of December, A.L) 2020, bclbre the subscriber a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E Brown, Secretary of the Companies, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution ot'same, and being by me duly sworn, deposeth and saith, that he/she is the said oniccr oldie Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Scats of said Companies, and that the said Corporate Seals and the signature as such officer were duly aflixcd and subscribed to the said instrument by the authority and direction of 1he said Corporations. IN TESTIMONY WHEREOF ] have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public Authenticity of this bond can be confirmed a ondvalidator.zurichna.com or 410-559-8790 My Commission Expires. July 9 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Pact The Chief Executive Officer the President, or any Executive Vice President or Vice President may by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, rccognizanccs, stipulations, undertakings, or other like instruments on behalf of the Company and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto• and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE. COMPANY the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and 1 do further certify that Article V Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOI. VED• "That the signature of the President or n Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney .Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company " This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY al a meeting duly called and held on the 5th day of May 1994 and the following resolution of the Board of Directors of the FIDELITY AND DEPOSf1' COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May 1990. RESOLVED. "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretaryor Assistant Secretary of the Company, whether made heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same torte and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 20th day of _ August 2021 By. Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE. DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAI ON THE BOND, THE 130ND NUMBER, AND YOUR CONTACT' INFORMATION 'I'() Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(ci>,zarichna.com 800-626-4577 Authenticity of this bond can be confirmed at hondvalidator.zurichna.com or 410-559-8790 Bond No 9387404 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Elecnor Belco Electric, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated September 7, 2021, and identified as Conduit Install, Rewire & Traffic Signal Cabinet Exchange Project is hereby referred to and made a part hereof, and Whereas, under the terns of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and othei persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eighty Two Thousand Five Hundred and 00/100 dollars ($ 82 500 00 ) fot materials furnished or labor thereon of any kind, of for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on Au • ust 20 , 2021 (SEAL) Elecnor Belco Electric, Inc (Contractor • attire ('bin.% ('V' `J (Seal and Notarial Acknowled ment of Surety) (SEAL) Fidelity and Deposit Company of Maryland BY (Sure (Signature) Ale is R Apostolidis, Attomey In Fact Address 1299 ZURICH WAY, 5TH FLOOR SCHAUMBURG IL 60196 1056 Telephone ( 847 ) 605 6000 L•\ca\djm\Agrecments‘,Elecnor Belco Electric Contract PW 3 1 FY21 0016.docxin CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of San Bernardino On 08/24/21 } before me, Rebecca Wilks, Notary Public (Here insert name and title of the officer) personally appeared Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person() whose names-) is re subscribed to the within instrument and acknowledged to me that he/they executed the same inet er/their authorized capacity(ie-s), and that by er/their signature(-s-) on the Instrument the person() or the entity upon behalf of which the person(s) acted, executed the instrument I 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 1114a,2) Notary Public Signature ♦ REBECCA W!! 'r5 Notary Public C,.ifo nia San Bemardimc Commission = 7.300ar' My Comm Expl ^5 A-B = 2 , ` (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City of Redlands (Title or description of attached document) labor and materials bond (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING TIIIS FORM ♦ old.; jornt complies. irith current Coll in•nie statures regarding notary wording arrd, 7fneeded should he completed and attached to the document 4cknrnrfedgments from other stores mat he completed Inn documents being sent to that state .so long as the wording does not require the C'alilortua notary to violate California notary lint • State and County infonnation must be the State and County where the document siener(.$) personally appeared before. the notary public for acknowledgment • Date of notarization must be the date that the signers) personally appeared wh must also be the same date the acknowledg.mient is completed • The notary public must print his or her name as it appears within ins or her commission hollowed by a comma and then your title (notary public) • Print the names) of document signer(s) who personally appeal at the nine of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (t e he/she/they is 'rife ) or circling the correct forms Failure to correctly indicate this mlbnnation may lead to rejection of document recording. • the notary seal impression trust be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the comae clerk Additional inlbrmation is not required but could help to ensure this acknowledgment is not misused or attached to a different document indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer 11' the clammed capacity is a corporate officer indicate the title (i.e CEO; CFO Secretary) • Securely attach this document to the signed document with a staple ch NOTARY ACKNOWLEDGMENT OF SURETY State of Connecticut County of Hartford ss On this the loth day of August , 20 21 , before me Timothy S Huffman, the undersigned officer, personally appeared Alexis R Apostolidis , known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney -In -Fact for Fidelity and Deposit Company of Maryland , and acknowledged that s/he executed the same as the act of his/her principal for the purposes therein contained In witness whereof I hereunto set my hand Signature of Notary Public Date Commission Expires February 28, 2026 Timothy S Huffman Printed Name of Notary TIMOTHY S HUFE'MAN NOTARY PUBLIC CT 183092 My Commission Expires Feb 28, 2026 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF A'I I ORNEY KNOW ALI.. MEN 13Y THESE PRESENTS. That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New York, the COLONIAL AMERICAN CASUAL:I'Y AND SURETY COMPANY a corporation oldie State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLANI) a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V Section 8, of the By -Laws of said Companies, which are set forth on the revcrsc side hereof' and are hereby certified to be in lull force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Bethany STEVENSON, Joshua SANFORD, Aimee R. 1'ERONDINE, Bryan M. CANESC:HI, Alexis R. APOSTOLIDIS, Michelle Anne MCMAHON, Rebecca M. STEVENSON, Brendan W FLETCHER, Cassandra BAEZ, Jacqueline R. SUSCO, Janes WRIGHT, Kathryn PRYOR, Nichotas'TURRCAMO, Phillip M. KNOWER of Hartford, Connecticut, EACII, its true and lawful agent and Attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall he its binding upon said Companies, as fully and amply to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elcetcd officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York. the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND al its office in Owings Mills, Maryland. in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V Section 8, of the By -Laws of said Companies, and is 110W in force. IN WITNESS WHEREOF, the saki Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals or the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN (...ASIIAI;I'Y ANI) SURETY COMPANY, and FIDELITY ANI) DEPOSIT COMPANY OF MARYLANI) this 22ND day of December A.D 2020 AT'EES'I' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY FIDEITry ANI) DEPOSIT COMPANY OF MARYLANI) By Robert U Murray ('ice ('resident lay Dawn F, Brown Secretary State of Maryland County of Baltimore On this 22nd day of December, A.D 2020, before the subscriber a Notary Public oldie State of Maryland, duly commissioned and qualified, Robert D. Alurrgy, Vice President and Dawn E Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged tl c execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthc said Corporations. IN TESTIMONY WI IEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public Authenticity of this bond can he confirmed "atondvalidator.zurichna.com or 410-559-8790 My Commission Expires. July 9 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V Section 8, Attorneys -in -Fact, The Chief Executive Officer the President, or any Executive Vice President or Vice President, may by written instrument under the attested corporate seal, appoint attorneys-i❑-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any lime." CERTIFICATE I the undersigned, Vice President of the ZURICLI AMERICAN 1.NSURANCP COMPANY the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effeet on the date of this certificate, and 1 do further certify that Article V Section 8, of the By -Laws of the Companies is still in L'orce. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors oldie ZURICH AMERICAN INSURANCI: COMPANY at n meeting duly called and held on the 15th day of December 1998, RESOLVED. "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney .Any such Power or any certificate thereof bearing such ftesitnile sago tturc and seal shall be valid and binding on the Company This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May 1994 and the following resolution of the 13oard of Directors of the FIDELITY AND DEPOSIT COMPANY Oh MARYLAND at a meeting duly called and held on the l0th day ofMay 1990 RES01. VI;D• "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary or Assistant Secretary of the Company, whether made heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed 111y 11E1111e and affixed the corporate seals attic said Companies, this _ 20th day Cif August 2021 Nstr, By. Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BON1), PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INC LUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION '1'O• Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 6019E-1056 www.reportsl.'claims(t)zurichna.conl 800-626-4577 Authenticity of this hond can be confirmed at bondvalidator.urichna.com or 410-559-8790 Disclosure Statement ZURICH' NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http.//www,zurichnaproducercompensation com or call the following toll -free number(866) 903-1192, This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries U-GU-874-A CW (06/11) Page 1 of 1 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Facilities & Community Services Department Conduit Install, Rewire & Traffic Signal Cabinet Exchange at San Mateo Street and Brookside Avenue FCS05272021KG 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 by one or more insurers 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 CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this 18 day of August , 2021 Ele (SEAL) Belco Electric Inc. C (Signature) (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 ) L \ca\djm\Agreements\Elecnor Belco Electric Contract.PW 3 1 FY21-0016.docx.jn CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of San Bernardino On 8/20/21 } before me, Rebecca Wilks, Notary Public (Here insert name and bile of the officer) personally appeared Roger DeVito who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(-s)is re subscribed to the within instrument and acknowledged to me that he/they executed the same in is er/their authorized capacity(i-e-s), and that by er/their signature(-s-) on the instrument the person(), or the entity upon behalf of which the person(s-) acted, executed the instrument I 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 offi `ial seal Notary Public Signature (Notary Public Seal) ♦ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City of Redlands workers comp Ins Cert (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other REBECCA WILKS Notary Public California San Bernardino County Commission # 2300424 My Comm Expires Aug 5 2023 INSTRUCTIONS FOR C.(_)MPLETINC, THIS FORM 1/pis form complies with current (alrkarnia .statutes regarding notary wording and, if -needed should he completed and attached to the document 4cknoitredgnents .from other states mat he completed for documents being scant to that state so long as the icorclin roes not require the C'al farnia notaty to violate California notary law • State -aid C ounty information must be the State and County where the document siener(si personally appeared before the notary public for acknowledgment • Date of uotatizatlon must be the date that the signer(s) personally appeared which must also be the saute date the acknowledgment is conipleted • The notary public must print his or her name as it appears within his or her conmstsslon hollowed by n comma and then your title (notary public) • Print the names) of document signer(s) who personally appeal at the time of not al'lzat ion • Indicate the conect singular of plural forms by crossing off incorrect fors it e Iae shelthev is 'tire 1 or circling the correct forms Failure to eorrecth indicate this mlisnnatlon may lead to rejection of document recording • the notary seal impression trust be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges re seal if a sufficient area permits otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the count clerk \dditional inlbrmation is not required but could help to ensure this acknowledgment is not misused or attached to a different docwnent indicate title or type of 'attached document, number of pages and date. Indteate the capacity claimed by the stoner If the claimed capacity is a corporate officer indicate the title (Le CEO. CFO Secretary) • Securely attach this document to the signed document with a staple