HomeMy WebLinkAboutContracts & Agreements_77-2022PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 17th day of May,
2022, 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: University Street and Brockton Avenue Traffic Signal Improvements Project,
complete all items as required by the Contract Documents (as herein defined) and Specifications
for City's University Street and Brockton Avenue Traffic Signal hnprovements, Project No
253007 (the "Work").
2. CONTRACT SUM. City shall pay Contractor the sum of Five Hundred Seven Thousand Seven
Hundred Forty Five dollars ($507,745.00) 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 required to bewithheld 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 One Hundred Eighty (180)
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 this Contract, or the Contract Docuinents, 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 inelude the
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LAca\djin\Agreements\E'lccitor Bele() Electric Contract,PW 3 1.FY21-0105.docjil
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
ease 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
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L.\ca\djm\Agreements\Elecnor Belco Electric Contract.PW 3 1.FY21-0105.doc.jn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
wntten above
(SEAL)
ATTEST
nne Donaldson, City Clerk
CITY REDLANDS
By
Paul T Banch, Mayor
Elecnor Belco
Name of Contract
By
Signatur
Jerom Gervilla,
Title
le it�fc Inc
ed Agent
attire of Authorized Agent (if necessary)
Roger DeVito, Sr Vice President
Title
738518
(SEAL)
Contractor's License No
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L \ca\dim\Agreements\Elecnor Belco Electric Contract.PW 3 1 FY21 0105.doc.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 5/10/22
}
before me, Rebecca Wtlks, Notary Public
(Here insert name and title of the officer)
personally appeared Jeroni Gervilla & Roger DeVito
who proved to me on the basis of satisfactory evidence to be the person sJwhose
names is rC subscribed to the within instrument and acknowledged to me that
he/she lr executed the same in his/her f.: uthorized capacity( Cs), and that by
his/her, signatures on the instrument the persors , or the entity upon behalf of
which the person sacted, 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 Public Signature
(Notary Public Seal)
REBECCA WILKS
Notary Public California
San Bernardino County
Commisston e 2300424
My Comm Expires A,:g 5 2023
♦ •
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMAT ON This forrir complies ucitlr current Califs •nia.statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT
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
if needed .should be cortrplered and attached to the document Acknowledgments
horn other states nrcn• be completed foi documents being sent to that state so long
as the wording does not require the Califbruia notary to violate California notm ti•
law
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public Ibr acknowledgement
• Datc of notanztnon must be the date that the signer(s) personally appeared which
trust also be the same date the, acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
conunission followed by a comma and then your title (notary public)
• Print tilt, name(s) of document signers) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing oft' incorrect forms (i e
lseishelthzy is /are ) rn circling the correct forums Failur_ to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be cleat 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 acknowledgnnent form
• Signature of the notary public must match the signature on tilt with the, ofticc 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
• Indicate the capacity claimed by the signer if the claimed capacity is a
corporate officer indicate the title (i e CEO CFO. Secretary)
• Securely attach this document to the signed document with a staple
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract City of Redlands
Municipal Utilities & Engineering Department
UNIVERSITY STREET AND BROCKTON AVENUE
TRAFFIC SIGNAL IMPROVEMENTS
PROJECT NO 253007
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
authonzed to wnte compensation insurance in this State
b By secunng 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
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)
X 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
msurance
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 5 day of May , 2022
Belco Electric, Inc
(Signature)
Roger DeVito, Sr. Vice President
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the
Owner pnor to performing the work of the contract )
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L•\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3 1 FY21 0105.doc.jn
Bond No. 9403567
Premium: $1780.00
17iAXTHFNL PERMRMANCE BOND
Whcroux'(boCi(yofKed|ondy(°Cih/^)SCu1oo[CoUfonnio,undGJconorBccnE1ouhic |mc
(ho,ciuuftor designated as "Principal") have entered into an ugrenrnou( dated May 17, 2022
(°/\g,eonont") v/hcrmhy Principal ugncco to inxio)\ and oonnp|o(e outuio public inupnuvmnen(o /Lbe
°YVo,k`^\, which said /\gn:mnon( is identified as University 8\roc( and Brockton Avenue TrnOin
Signal tinprovernents, Project No 253007and ishereby referred to and made a part hereof, and
Whereas, said Principal iurequired Linder the ternioofthe Agreement to furnish ubond for
the [uiUlKd oo,h)nouuco of tile VYndk, now, Lberc/b,e, we, the Principal and,
Fidelity and Deposit Company mMaryland ,uxSurety, are held and firnn|y bound unto tile City inthe penal
aum of Five Hundred 9uvu) Thousand 8uvou Hundred FuriyFipoC)oUum ($507,74500) |xwhu|
rnmncy of the United 8hKnn` For the pxyrncn| of which uum we hind numo|vcx, and our heirs,
successors, executors and udnoiuix(odom` jointly and severally, Ouu|ybythese p/rmcnh.
'rhc condition of this obligation is such that if the above bounded Principal, his or its licirs,
executors, administrators, yuuucnuom or assigns, shall in all things stand to and abide by, and well
and truly kccp and pnr0onn the covenants, conditions and provisions in the /\&,comooi and any
alteration thereof made as therein provided, oil his or its pod, to be kept and pnrfboned at the douc
and in the manner therein spuoiDcd, and in all respects according to their true intent ondmooning,
and ahu1| faithfully hu0U the onc~ycm' guarantee of all muLcdu|m and workmanship, and mhu|i
dd'eod, indemnify and oovc bunn|cxo the City and its u\co(cd officials, officers, ugouby and
employees, as dhoroin xdpu|ntud. then this obligation shall hecnouc null and void, o|bomvino it shall
be and remain in h||I foncoand effect.
As u pod of the obligation acuu,od hereby and in addition to the face amount specified
therefor, dhon: ohuU be included costs and rcomonohlu rxpnnxon and fees, including r0000nuhlo
u<torncIo` fees, incurred by the City in ouoccxxDd>y co[o,o|og such nk|igoiionx' all to be taxed as
costs and include([ in thejudgrilent rendered.
Asocondition precedent to the satisfactory completion of the Work, the above obligation
shall hold good For uperiod o[one (|) year o,longer ifrequired by the Agreementnfter the
uoocptxoue of the work by the City, during v/biub time if the Phou/pu| xbu\l fail to make fhU`
complete, and mubm/bo(ory repair and rcpluccnncn(a and totally protect the City Gnno loss or durnogo
/nudo evident during this period !inno tile date or completion nfthe Work, and ruou\doghn/n or
Caused bydefective mxioriuio orfaulty workmanship, the above obligation /n penal ounn(ho,00f
ubu\| /ono]n in [u\| force and effect. The obligations Of' Surety hereunder shall continue so long as
any obligation ofthe Principal remains.
Whenever the Principal xhuU be and is doohrcJ by the City to be, in defimbunder the
Agreement, the City having performed the City uh|isubons thereunder, the 9unciy nhoU pn`|npUy
nnncdytile dofbo|Lorshall promptly, oithe Ci(y`xoption
I Complete the Work in accordance with its ternis and conditions, or
2. ()b(on a b/d o, bids for completing the Work in accordance with its |onnm and
conditions, and nyno do\unnbnutbxn by Surety of the |ovvom| responsive and ,ompnoxiNc bidder,
arrange for ucontract between such bidder kind the City, and make available as vvn,k progresses
soOinicniFundyk`puyth0000|of000up|chnoof{hc\Yodk|caxthcbu|oncooy(ho/\grocnncn(prioc`
but not exceeding, including other costs and dun)ugoa fbr which Surety may be |iub|o hereunder, tbe
5
amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall
mean the total amount payable to the Pnncipal by the City undei the Agreement and any
modifications thereto, less the amount previously properly paid by the City to the Principal
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid
from the Pnncipal for completion of the Work if the City, when declanng the Principal in default,
notifies Surety of the City's objection to the Principal's furthei 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 of assigns of the City Any suit undei this bond
must be instituted within the applicable statute of limitations penod
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 of to the work to be performed
thereunder or the Specifications accompanying the same shall in any way affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terns of the Agreement or to the work or to the specifications
No final settlement between the City and the Pnncipal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied
The Pnncipal and Surety agree that if the City is required to engage the services of any
attorney m 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 May 5th , 2022
'(SEAL)
Elecnor Belco ElectriInc!
(Contracto
(Seal and Notarial Acknowledgment of
Surety)
Fidelity and Deposit Company of Maryland
(Surety)
Donna M Planeta (Signature) Attorney in Fact
Address
1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 1056
Telephone ( 847 ) 6os-6mo
6
L \ca\djm\Agreements\Elecnor Bcico Elcctn. Contract.PW 3 1 FY21 0105.doL.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 5/10/22
}
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(s) whose
names-) Is re subscribed to the within instrument and acknowledged to me that
he/they executed the same inr, is er/their authorized capacity(ics), and that by
is er/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person() 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
V V
Notary Public Signature
(Notary Public Seal)
REBECCA WILKS
Notary Public California
San Bernardino County
Commission # 2300424
My Comm Expires A.Acg 5 2023
ADDITIONAL OPTIONAL INFORMATION This. lbrnrcomplies with current Cali/orniastatutes regardingnoloit cording and
4,
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands Bond
(Title or description of attached document)
(Title or description of attached document coritinued)
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 THIS FORM
if needed should be completed and attached to the document Acknowledgments.
from other .crates ma} be completed far documents being sent to that state .so long
as the wording does not require the California notan to violate Cali%cola notary
lam'
• State and County information must be the State and County \vhere the document
signer(s) personally appeared before the notary public fix acknowledgment
• Datc of notanzation must be the elate that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
eonunission followed by a comma and then your title (notary public)
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural firms by crossing off incorrect fonns (i e
Ile/she/they is Aire ) or circling the correct Forms Failure to correctly indicate, this
intimnation may lead to rejection of document recording
• The notar' 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 tilt. 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.
• Indicate the capacity clammed by the signer If the claimed capacity is a
corporate officer indicate the title (1 e CEO 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 5th day of May , 20 22 , before me, Robyn L Salley, the
undersigned officer, personally appeared Donna M. Planeta , 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 foi the purposes therein contained
In witness whereof I hereunto set my hand
SignatuVe of Notary Public
Date Commission Expires. February 28, 2027
Robyn L Salley
Printed Name of Notary
ROBYN L. SALLEY
NOTARY PUBLIC - CT 185794
My Commission Expires Feb 2b, 2027
ZURICFI AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW AI..I. MEN BY THESEPRESENTS. That the ZURICI I AMERICAN INSURANCE COMPANY a corporation of the State of New
York, the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY a corporation of the Stale of Illinois, and the FIDELITY
AND DLPOSIT 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 are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Jacqueline R. SUSCO, Kathryn PRYOR, Nicholas'I'U.RECAMO, Gentry S'I'EWART, Amanda P D ANGELO, Donna
M. PLANETA, Bethany STEVENSON, Joshua SANFORD, Aimee R. PERONDINE, Jennifer G. GODERE, Alexis R.
APOSI'OLIDIS, Michelle Anne 1'ICIMAHON, Rebecca M. JOSEPHSON, 13rendan W FLETCHER, Cassandra I3AE%, of Hartford,
Connecticut, EAC11, 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 be as binding upon said Companies, as fully and amply to all intents and purposes, as i1'they had been duly executed and acknowledged
by the regularly elected officers of the Z,URICH AMERICAN INSURANCE COMPANY at its office in Ncw York, New York. the regularly
elected officers of the COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY al its office in Owings Mills, Maryland. and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY 01^ 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 now in force,
IN WITNESS WHEREOF the said Vice -President bus hereunto subscribed his/her names and affixed the Corporals Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEI'OSI'I' COMPANY OF MARYLAND, this 26th day o1' August. A.D 2021
A'I" I'ES'l'
%IIRICII AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY Y COMPANY
FIDELITY ANI) DEPOSIT COMPANY OF MARYLAND
By Robert U Mur'rrry
Dice President
_l. )crct-rl,
Ry• Down h Brown
Secv'etm''
Stale of Maryland
County of Baltimore
On this 261h day of August, A.D. 2021 before the subscriber it Notary Public of the State of Maryland, duly commissioned and qualified, Robert 1),
Murray, Vice President and Dawn E Ilrown, Secretary ol'the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding iustrutnea1, and acknowledged the execution of same, and being by me duly sworn, deposed.' and said), that helshc is the said office' 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 of the said Corporations.
IN TESTIMONY WHEREOF 1 have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Duna, Notary Public
My Commission Fxpires.July 9 2023
(1
Authenlicily of this bond can be conf rmeo al Donovali(lator.zurichna.com or 410-559-8790
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 -in -fact with authority 10 execute bonds, policies,
rccognizances, 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
1, the undersigned, Vice President of the ZURICII AMERICAN INSURANCE COMPANY the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY and the FIDELITY AND DEPOSIT COMPANY 01. 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 Ibllowing resolution of the Board of
Directors of the ZURICLH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED. "'Thal the signature ol'lhe 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
facsimile signature and seal shall be valid and binding on the Company "
This Power of Attorney and Certificate may he signed by laesimile 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 Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May 1990.
RESOLVE"). 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 ol'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 my name and affixed the corporate seals o1'the said Companies,
this 5th day of May 2022
/ld
I3y. Brian M. Hodges
Vice President
'1'O REPORT A CLAIM WI'fli REGARD'1'O A SURETY I3OND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF'I'HE CLAIM INCLUDING THE PRINCIPAI. ON THE BOND, THE BOND NUMBER, ANI) YOUR CONTACT
INFORMATION TO.
Zurich Surety Claims
1299 Zurich Way
Schaumburg, 11. 60196-1056
www.reportsfclaims(cdzurichna.eom
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator,zurichna.cmn or 410-559-8790
Bond No 9403567
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
unprovements (the "Work"), which said agreement, dated May 17, 2022, and identified as
University Street and Brockton Avenue Traffic Signal Improvements, Project No 253007 is hereby
referred to and made a part hereof, and
Whereas, under the terms of the Agreement, Principal is required before commending the
performance of the Work, to file a good and sufficient Labor and Material bond with the City of
Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the City and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure m the sum of Five Hundred Seven Thousand Seven Hundred Forty Five Dollars
($507,745 00) for materials furnished or labor thereon of any kind, or foi 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 w!iereof, this instrument has been duly executed by the Principal and surety
above named, on
(SEAL)
Elecnor BBeI
007
rlerb�,
(Seal and Notarial Ackno
May 5th , 2022
Electric Inc
ractor)
dgemeilt of Surety)
(SEAL)
Fidelity and Deposit Company of Maryland
(Surety)
B\�
Donna M Planeta (Signature) Attorney in Fact
Address
1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 1056
Telephone ( 847 ) 605 6000
7
L.\ca\djni\Agrecments\Elecnor Belco Electric Contract.PW 3 i FY2I 0105.doc
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 5/10/22 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Jeroni Gervilia
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
the/they executed the same ins er/their authorized capacity(ics), and that by
er/their signature(e) 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
Notary Public Signature
(Notary Public Seal)
REBECCA WILKS
Notary Public California
San Bernardino County
Commission # 2300424
My Comm Expires Aug 5 2023
ADDITIONAL OPTIONAL INFORMAT ON
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands Bond
(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
INSTRUCTIONS FOR COMPLETING THIS FORM
Thais loan, complies with crn•rent (zdllnrnra statutes regarding notary wording and
if needed should be ccnnpleted and attached to the document Acknowledgments.
from other states may be completed ,fin documents heft sent to that state so long
as the wording does not require the California noon to violate. California notary
law
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• f)atc, of notanzntion must be the date that the signer(s) personally appeared which
must also be the same elate the acknowledgment is completed
• The notate public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public)
• Print tilt. name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off- incorrect (Onus (i.e
hsi she/they is tare ) 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 Hurst not covet text or lines If seal impression smudges, re seal if a
sufficient area permits, otherwise complete a different acknowledgment fixm
• Signature of the notary public must match the signature on file with the ofticc, of
the county clerk
Additional urfbrmation is not required but could help to ensure this
acknowledgment is not nusused 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 If the claimed capacity is a
corporate officer indicate the title (i e. CEO 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 5th day of May , 20 22 , before me, Robyn L Salley, the
undersigned officer, personally appeared nnnna M Planeta , 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/het principal foi the purposes therein contained
In witness whereof I hereunto set my hand
Signature of Notary Public
Date Commission Expires. February 28, 2027
Robyn L Salley
Printed Name of Notary
ROBYN L SALLE.Y
NOTARY PUBLIC CT 185794
My Commission Expires Feb, 28, 2027
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLANI)
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New
York, the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY a corporation of the Stale 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 Scclion 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the date hereof, do hcrcby nominate, constitute,
and appoint Jacqueline It. SUSCO, Kathryn PRYOR, Nicholas'TURECAMO, Gentry S'I'EWART, Amanda P D ANGI'] O, Donna
M. PLANETA, Bethany STEVENSON, Joshua SANFORD, Aimee 12. PERONDINE, Jennifer C. GODERE, Alexis R.
APOSTOLIDIS, Michelle Anne MCMAHON, Rebecca M. JOSEI'HSON, Brendan W FLETCHER, Cassandra BAEZ, of Hartford,
Connecticut, EAC I1, 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 be 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 orate ZURICH AMERICAN INSURANCE COMPANY at its office in Ncw York, Ncw York. the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY al its office in Owings Mills, Maryland. and the
regularly elected officers of the FIDELITY ANI) DI:POSrr COMPANY Oh MARYLANI) at 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 now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY ANI) DEPOSIT COMPANY OF MARYI,AND Ibis 261h day of August, A.L) 2021
A'I"I'ES'I'
ZURICII AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURI"I'Y COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLANII
By Robert D. Murray
Vice President
c l �c.rch�t,
Jay• Dann P Braun
Secretary
State ol'Maryland
County of Baltimore
On This 261h day of August, A.1) 2021 before the subscriber n Notary Public of the Stale of Maryland, duly commissioned and qualified, limber( U.
Murray, 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 instillment, and acknowledged the execution ol'same, and being by me duly sworn, deposelh and suith, that he/she is the said officer of
the Company albresnid, 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 of the said Corporations.
IN'I'13S'I'IMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires. July 9 2023
na(0
Authenticity of this bond can be conl'inneu at nonuvalidator.zurichna.corn or 410-559-8790
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 -in -lace with authority to execute bonds, policies,
rccognizanees, stipulations, undertakings, or other like instruments on behalf of the Company and may authorize any officer or any such
attorney-in-iact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
tale."
CERTIFICATE
1, 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 lull 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 lollowing 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.
RESOLVED' "'Thal the signature of the !'resident 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 ol'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 Atlorncy 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 lollowing resolution of the Hoard of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day of May 1990.
RESOL. VED• "Thal 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 herctolore or hcrealicr, wherever appearing upon a
certified copy any power ol'attorney issued by the Company shall be valid and binding upon the Company with the same lorcc and effect
as though Manually affixed.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seals ol'the said Companies,
this 5th day of may 2022
By' Brian M. !-lodges
Vice President
TO REPORT A CLAIM WI'FIt REGARD 7'O A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BONI), THE BOND NUMBER, ANI) YOUR CONTACT
INFORMATION TO.
Zurich Surely Claims
1299 Zurich Way
Schaumburg, 1 L 60196-1056
www.reporlsfclaims(a),zurichna.com
800-626-4577
Authenticity ol'this bond can be confirmed at bondvalidator.zurichna.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:
h#p.0wvmw.zx/hchuwpmduoeuompenoeUno.00m
or call the following toll -free number, (866) 903-1192.
This Notice ioprovided onbehalf ofZurich American Insurance Company
and its underwriting suboW|ohoo.
usum4-xow(06n1)
p,no1m1