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HomeMy WebLinkAboutContracts & Agreements_20-2004THIS AGRF-ENIENT, made and entered into this 3 ' day of February, 2004, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City", and Pouk & Steinle, Inc., of the City of Riverside, County of Riverside, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The contractor will furnish all materials and will perform all of the work to perform construction of the Traffic Signal Street Name Signs project, complete, all as shown, specified, and made a part of Contract No. 209300-7150/41016. 2. For the Contract Sum of $83,036.24, in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. Time for Completion. The work shall be completed within ninety (90) work days from and after the date of the Notice to Proceed. 4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it, the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contrtactor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto, 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the contractor, its employees or agents in connection with the performance of the contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials, employees, and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of $375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contracts 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 the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, theCity shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. 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 the City and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL By: �Ia—yor, ity of Redlands r' i' C Co Y04 oun of San Bernardino, California ATTEST: City Cl 'k, City of Rodtad Con of San Bernar in California Pouk & Steinle, Inc. Name if Contra CONTRACTOR SEAL By: Signature of Authorized Agent 46sl 66 ty-r— Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 576274 A, C-10 Contractor's License No. TRAFFIC SIGNAL STREET NAME SIGNS CONTRACT No. 209300-7150/41016 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 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 of this contract. (Labor Code Section 186 1) Z Date Pork & Steinle, Inc. Name of Contra By: Signature of Authorized Agent r),GCS f 6r—tT - Signatory's Title 576274 A, C-10 Contractor's License No. Liberty Bond No.905042394 Travelers Bond No. 104169140 Premier $357.00 WBXREAS, the City Council of the City of Redlands, State of California (hereinafter designated as City), and Pouk & Steinle, I ac. (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to ins i all and complete certain designated public improvements, which by said agreement dated Febniary► 3, 200,1, and identified as Contract No: 209300-7150/41016, is hereby referred to and made a part hereof; and WHEREAS, under tho terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a ,good and sufficient faithful performance bond with the City. NOW, THEREFORY, said Principal and the undersigned as corporate surety, are held and iirrnly bound unto the City in the sw•a of Eighty Three Thousand 'Thirty Six and 24/100 dollars (S 83,036.24 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, cxecutars and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above be-mided Principal, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as therein provided, or his. or her part, to be kept and performed at the time and in the manner therein specified, and in all respects accovding to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected off vials, officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; atherwise it shall be and remain in hill force and effect. As a part of the obligati on secured hereby and in addition the face amount specified therefor, there shall be included costs and re:-=nable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipt.lates and agrees that uo change, extension of time, alteration or addition to the terms of the agreement or to ;he 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, alter .tion or addition to the terms of the agreement or to the work or to the specifications. IN VVfMSS WM EOF, this instrument has been duly executed by the Principal and surety named, 905042394 on February 12 ,2004. Bond No. 104169140 Pouk &,Steinle. nc. (SEAL) LibertyMutua isurance Cc� r4vv (SEAL) t'rince Snresy � m , BY* 7f t S*Stum gnoure Lourdes Landa A ss: 12725 SW Millikan Way-, Suite 520 Beaverton, 0R 97005 OTOWW AckwwWdgm ,u of Mud* ad suasiy) Telephone: 71} .. 42-0115 Travelers Casualty antl ety Company of America By: Lourdes Landa Attorn y-In-Fact Address: 6465 Wayzata Blvd., quite 4:y= Minneapolis, Tv 55426. State of California County of Oran On Fabm 122004 before me, Rosa Estela &hmo Notary pubic . DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" *^ **»*****^**********^*********** personally appeared NAME(S) OF SIGNER(S) � personally nna-��p�- ��proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iaJana subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h{e/hex/theirouthorized copaoity(iem), and that by his/her/their signature(s) on the instrument the porson(a), or the entity upon behalf ofwhich the person(s)acted, executed the instrument. NOTARY PUBLIC CALIFORNIA ORANGE COUNTY WITNESS myhand and official seal. NATURE OF NOTARY Though the data below isnot required by law, itmay prove valuable to persons relying onthe document and could prevent fraudulent reattachment ofthis form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL El CORPORATE OFFICER TITLE(S) | | PARTNER(S) LIMITED [] GENERAL ATTORNEY -IN -FACT TRUSTEE(8) GUARDIAN/CONSERVATOR �] OTHER: DESCRIPTION OF ATTACHED DOCUMENT NUMBER OF PAGES SIGNER |SREPRESENTING: DATE OF DOCUMENT •INif 0 : &V•w2ro 1 1 IIJIMARMWAV"Wel W In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). kvi IN 011 affl = I a IN 00-1 ON 6*1 M The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2' /0 3 Travelers­ �40� IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. ,*,lease note that passage of the Act does not result in any chang0 A coverage under the attached policy or bond (or the policy jI!l bond being quoted). Please also note that no separate addition premium charge has been made for the terrorism coverag - required • the Act. The • charge that is allocable to suc coverage is inseparable from and imbedded in your over premium, and is no more than one percent of your premium. I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Riverside -____, On —_ February 13, 2094Richard, Notary before me, _ Colette RichaNotary Public Date Name and Tifte of officer (e,g., "Jame Doe, Notary Pubfcl personally appeared Bob Briscoe Name(a) of Signers) i personally known to me C7 proved to me on the basis of satisfactory evidence 14580 CCM.EflE RtC Cd�m0ia► � t�0i 1 Wo M R011C - Ed ria 14oveiside County .WCorm ExpiresDec 23. 2107 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and Official seal. 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: Performance Bond - City of Redlands Document Date:'!".t _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _------- ____ i El Individual Top of thumb here CI Corporate Officer — Title(s):__— Ci Partner — El Limited ❑ General L] Attorney -in -Fact Ci Trustee (�1 Guardian or Conservator Other: — - - -- -- --- - --- - - -- - — Signer Is Representing:_____ _ _—__-- r 1999 National Notary Association • 9350 0e Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - — uationatrwtary erg Prod. No. 5907 Reorder', CAP W-Free 1-800-876-6827 CERTIFICATEF INSURANC EE; THIS CERTIFICATE iS 'SSAS A MATTER GIWORNIAT10,NAMC_ NO RI Ur4 TS WON WE C;EP iEr IC.,ATF 4MOEG s., 6' R `F AH fi S OXNU P t[ ' I T 'E ri FCi { TMS C PTt OA DOES HO AMEND", t• k _. _., 1 . Ai <. . t.;1 r .r...>_ #•, +.7 `i r - WF,�,._EEJ T I MUMS S ,C_- IR_ s�.�' IN _ N o ` COMPANIES AFFQR IF G C VeRA NUMD .)J KaS I f-x E.. iNC; 8 AEGIS ter} i13!� RIVERSIDE, CA 925190039 G' L!E3E.RTY MUTUAL FIRE INSURANCE C.,.,AliE'A.i:Y ri Y %- _ I acr»r ;t; _. ------- ._.._w--- .--- ___.. _ —.-_.._ _ _„_ ,r _ X — X x., cTFn Y,, ,- :X;. Includes "Stop -Gap" VGURKE-:RS (: OMPE NSAMON IS EXCLUDED E'ROM ADDITIONAL' NSIJRE"P WY:)RMNG, tf5C4CVPIOhlt7k rGrKA71t7k5!,JGATCt7 5lVFHIC ESr5GEC1k.'.ITE.aPS RE "r.r4r A C SUNALSTAF 7 NAME:: SINS, CONTRACT #2093067SW41 ol 6 C`TY OF RE nAWS CA G INCLUDE `) AS Al; ). T t.)NA.! 1NS.,Rt.:.:? iAUD AS CA 'ir:.ni, Liberty Bond No. 905042394 Travelers Bond No. 104169140 Premium Included in PAYMENT BOND Performance Bond WHEREAS, the City ( 'ouncfl ofthe City ofRedlands, State ofCalifornia (hereinafter designated as "City"), and Pouk & Steinle, Ir -.. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to instill and complete certain designated public improvements, which by said agreement dated February 3, 2004. and identified as Contract No. 209300-7150/41016, is hereby referred to and made a part hereof, and WHEREAS, under tht! terms of said agreement Principal is required before entering upon the performance of the work, to furnish i good and sufficient labor and materials payment bond with the City to secure the claims to which referen,-,e 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 and firmly bound unto the City and all co t itractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of th-.;- aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the slim 01' ELLhty Three Thousand Thirty Six and 24/100 dollars (S 83,036.24 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unernplo,nnent Insurance Act with respect to such work or labor, that said surety will pay the same in an amountnot c xceeding the amountherein above 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 fei.-s, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and i a be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly sipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporal ions entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the C ivil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Shouldthe condition o C this bond be fully performed, then this obligation shall become null and void; otherwise it shall be an,:! remain in full force and effect. The surety hereby stipu I ates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to :he work to be performed thereunder or the specifications accompanying the same shall in agnosia affect ts obligations on this bond, and it does hereby waive notice of any such change, extension of time, altent Lion or addition to the terms of the agreement or to the work or to the specifications. IN WrMSS WHERIPOF, this instrument has been duly executed b the Principal and surety named, 90 7042394 on February 12 2004. Bond No. 104169140 Pouk & Steinlp, Inc. knee Company (sEAL) Liberty Mutual Insura (sEAD Princiv;VT surety SlisrAft" Sipu#" Lourdes panda Address: 12725 SW Millikan Way, Suite-520 Beaverton, OR 97005 (Notarial Acknowledgments of Yrtncipal and Surety) Telephone: 42-0115 _L� -- Travelers Casu,-ft 4�d S-�(ety Company of America By - Lourdes nda Attorney-ln-F,-cl- - Address: 6465 Wayzata Blvd., SuitC, 415 Minneapolis, MC 55426 State of California County of Orange Dn FebrUary 122004 before me, Rosa EstelaDivus Public . DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) p�rsona|�knmwnb)nle-gR- �� prov�dton�eonUlebesisofsatafacboryevidencebmbetheperaon(e) xvhoea name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(iee), and that by his/her/their signature(s)onthe instrument the pmrson(s).mrthe entity upon behalf [fwhich the person(s) acbed, executed the instrumenL NOTARY PUBLIC WITNESS my hand andoffii{ seal. RANGE COUNTY N) my coman, expires Oct. 28,2007 SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable topersons relying onthe document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER El INDIVIDUAL IEJ CORPORATE OFFICER Ej PARTNER(8) (S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING; TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave, P 0. Box 7184 - Canoga Park, CA 91309-7184 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1237691 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint LOURDES LANDA, ROSA E. RIVAS, EUGENE T. ZONDLO, ALL OF THE CITY OF IRVINE, STATE OF CALIFORNIA ........ .................................................................................................... .................................................................... .......................................... ................................................................................................................................................................................................................... each individually if there be more than one named, its true and lawful aftomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety, obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100*********** DOLLARS ($ $25,000,000.00"' each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: n kv . E Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 4 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 0— %_ M > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal CA -E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of March 4) 2003 �m LIBERTY MUTUAL INSURANCE COMPANY 0 4T 0 0 4) Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss 0)(0 COUNTY OF MONTGOMERY t 4) On this 28th day of March 2003 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged 0- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0 fa > IN TESTIMONY WHF iF i i iunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year • 0 first above written. /A' > OF B y Z 0 Elxx�v""' N!"A" 28' X*5 Ter6sa Pastella, Notary Public CERTIFICATE 1, the undersigned, Assistant cretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, 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 seat of the said company, this 12th day of February 2004 By David M. Carey, Assigtght Secretary = C M 0 0 F- :;,Cn 4) W C L- 0 CE L 0 E CL tc so > 04 co E 0 0 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents inake, constitute apd, appoint: John Forest Monroe, William R. Curtis, Lourdes Landa, Rosa E. Rivas, Eugene T. Zondlo, of Iry injeg'C#fifbrriia, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute'and acknowledge, at arty place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditiovdi undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attornev(s)-in-Fact, pursuant to the authority hcmin given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company-s name and seal with the Company's seal bonds, recoonizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of verside__ _ On Februaty 13, 2,004_—__ before me, _ Colette Richard, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ._ Bob Briscoe Names) of Signers) personally known to me F] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Stgnatare of Notary Public OPTIONAL Though the information below is not required by taw, 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: _ Payment Bond - City of Redlands Document Date: 'V�,L __—_ __ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ci Individual Top of thumb tlere Corporate Officer — Title(s): i.., Partner — L Limited U General ``l Attorney -in -Fact C Trustee 71 Guardian or Conservator Other: -- --- — -- — -- ------ -- — - --- -- Signer Is------ �!� 1999 Natwral Notary Aea _cation - 93W De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 - w v nari alnotaryorg Prod. No. 5907 Reorder: Call loll- ,ee t-eou-tsiti-oaz i Company Profile LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST BOSTON, MA 02116 800-262-8238 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 23043 NAIC Group #: 0111 California Company ID #: 1022-3 Date authorized in California: August 30, 1929 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: MASSACHUSETTS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Ca_pA-) Enforcement Action Documents Compan_P_erformance & Comparison Data Composite Complaint Studies Want More? Help_Me Find a Co DanyRepresentative in My Area Financial Rating Organizations Last Revised - February 18, 2004 03:13 PM Copyright © California Department of Insurance Disclaimer Company Profile TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07-01-1997 AMERICA Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 31194 NAIC Group #: 3321 California Company ID #: 2444-8 Date authorized in California: July 31, 1981 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glosaW- AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information 1, Comp any_Enforce_ment Action Documents_ �' Performancep _& Comparison omP -- — -- --- — - CoMD_osite _Complaint Studies Want More? Help Me Find a Comp 4resentativ-e in --My Area Financial Rati_Organizations Last Revised - February 18, 2004 03:13 PM Copyright © California Department of Insurance Disclaimer CERTIFICATE NUMBER MARSH CERTIFICATE OF INSURANCE CHI-001125217,02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Minneapolis, MN 55402-2400 AFFORDED BY THE POLICIES DESCRIBED .. HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 43750-POUKS-GAX- A ZURICH AMERICAN INS. CO. INSURED COMPANY POUK & STEINLE, INC. 8 AEGIS - — ----- COMPANY C LIBERTY MUTUAL FIRE INSURANCE COMPANY ... . ......... . PO BOX 3039 RIVERSIDE, CA 92519-3039 COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS — - -------- -- POLICY EFFECTIVE iTP,OLLICY'EXPIRATI,� ON LIMITS co LTR F TYPE OF INSURANCE POLICY NUMBER DATE (MMID"Y) , �.. NI In, DATE (MMIDDNY) _/0 A GENERAL LIABILITY IGLO2978839-04 101/01/04 �1 /0 1 5 I GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY I PRODUCTS - COMP OP AGG $ 2,000,000 CLAIMS MADE FX !, OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 $ 1,000,000 X tERPROJECT,AGGREGATIJ FIRE DAMAGE (Any one fire) — II mm FXP (An y one . It 10,000 A I AUTOMOBILE LIABILITY BAP2978840-04 01/01/04 01/01/05 I COMBINED SINGLE LIMIT $ 1,000,000 A ANY AUTO TAP3374182-04 01/01104 01/01/05 X ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident} X NON -OWNED AUTOS _�y Damage PROPERTY DAMAGE :�XPhysicaf GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN AUTO ONLY: EACH AGGREGATE B EXCESS LIABILITY X0259A1A04 01/01/04 101/01/05 1 EACH OCCURRENCE5000000 UMBRELLA FORM iClaims-First-Made Excess Liab. AGGREGATE 5,000,000 X Retro Date: 11 /1186 1$ OTHER THAN UMBRELLA FORM f 4V-07 —iAT_U_ I I 5TH EXII I WORKERS COMPENSATION AND i TORY LIMITS I ER —s-1,000,000 EMPLOYERS'LIABILITY IWA2-64D-005097-014 01/01/04 01/01/05 1 EL EACH ACCIDENT ...... ..... ...... C THE PROPRIETOR! Fx7- I EL DISEASE -POLICY LIMIT S 1,000,000 (NCI PARTNERS/EXECUTIVE Includes "Stop -Gap" IELDISEASE.EACH EMPLOYEE $ 1,000,000 OFFICERS ARE: F_ I.EXCL IOTHER WORKERS COMPENSATION IS EXCLUDED FROM ADDITIONAL INSURED WORDING DESCRIPTION OF OPERATIONSILD ATIONSIVEHICLESISPECIAL ITEMS LANDS, CA IS INCLUDED AS ADDITIONAL INSURED, RE: TRAFFIC SIGNAL STREET NAME SIGNS, CONTRACT #209300-750/41016. CITY OF RED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _45 DAYS WRITTEN NOTICE TO THE CITY OF REDLANDS CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PO BOX 3005 LIABILITY Of ANY KIND UPON THE INSURER AFFORDINO COVERAGE, ITS AGENTS OR REPRESENTATIVES OR THE REDLANDS, CA 92373 ISSUER OF THIS CERTIFICATE MARSH USA INC. BY: Jan D. Sutton MMI(3/02) VALID AS OF: 02112/04 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OFREDLANDS 35CAJDNSTREET P.D.BOX 3O05 REOLANDS CA 92373 | | L � Recorded mOfficial Records, County mSan Bernardino U��������K��� �"=""~^ ^~^`�~____ Auditor/Controller — Rouodo, R Regular Mail D"#. ���� � ��� �05.2522 Titles: I 00912004 3:1OPIM UN Fees 0.00 Taxes 0.00 Other 0.00 PAID $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT .~�_.,�. .��_.-__ �������d����U��N��n��& M�G�B�MB�C�E NOTICE "��~~ ~~" COMPLETION ���"� SECT|ONGlQ3 Notice pursuanttoCivi|CodoSeoUon3OQ3.thisnodoemustboUledwithhn10dayeefteroomp|eUonofwork Notice ishereby given that: 1. The undersigned isowner or corporate officer o[the owner ofthe interest mestate stated below inthe property hereinafter described: l The full name ofthe owner is: CITY OF REDLANDS a, The full address ofthe owner is: 35C/QONSTREET, POBOX 3005 REDLANDS CA02273 4. The nature ofthe interest ovestate v/the owner is; In fee. x. The full names and full addresses ofall persons, ifany, who hold title with the undersigned aajoint tenants orostenants incommon are: NOT APPLICABLE 8. A work of improvement on the property hereinafter described was completed on August 3, 2004. The work done was: Traffic Signal Street Name Signs, Contract No. 2OS3OU-715O/41O1G. 7 The name ofthe contractor for such work ofimprovement was: Pnuk&Ste|n|e.Inc. 2520RuUidouxB|vd.. Riverside CA92519 February 3. 2004 (Date mContract) 8. The property nnwhich said work o[improvement was completed is in the City of Redlands, County of San Bernardino, State of California, andisdeamibedae*onows:Variuussigno|izedinteneectionevvithinoib//ight-of-vvey.seaExhibitA.ottaohed. e. The street address of said property is: N/4 Dated: August 4.2004'I IWI!, Senior Civil lkn'gineer, PubliAvor'ks'Department, City of Redlands VERIFICATION i.the undersigned, say | am the Public Works Director nfthe declarant foregoing Notice /fCompletion, and have read said Notice o[ Completion and know the contents thereof: the same iotrue ormvown knowledge. | declare under penalty o(perjury that the foregoing |utrue and correct. Executed nnAugust 4,2D84.etRedlands, California. M"Mm"AT11 i 6W.11 W1014 TRAFFIC SIGNAL LOCATIONS Traffic Signal Location Traffic Signal. Location