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Contracts & Agreements_184-2002
public to attend this ceremony. He then moved to authorize issuance of a proclamation honoring Sergeant Major Jon R. Cavaiani (Retired) and thanking him for his exemplary service to the United States of America. Motion seconded by Councilmember Peppler and carried unanimously. Contract Award -_ California Street and I-10 Imrovements - Bids were opened and publicly declared on October 7, 2002, by the City Clerk for the California Street and I-10 Traffic Signals and Street Improvements Project; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was H&H General Contractors, Inc. in the amount of $978,652.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember George, seconded by Councilmember Peppler, the City Council unanimously approved this recommendation and authorized the Mayor and City Clerk to execute the document on behalf of the City. Contract Award - Project Home Again - Bids were opened and publicly declared on September 26, 2002, by the City Clerk for the Project Home Again Utility Improvements Project; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was VCI Telcom, Inc. in the amount of $109,170.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember George, seconded by Councilmember Peppler, the City Council unanimously approved this recommendation and authorized the Mayor and City Clerk to execute the document on behalf of the City. Contract Amendment - Redlands Sports Park - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council unanimously authorized an amendment to the Purkiss-Rase RSI contract for the Redlands Sports Park to: 1. modify the Big League Dreams facility by changing the size of the administration building from 2,667 square feet to 2,000 square feet by removing the vinyl covering from the multipurpose building, etc. for a fee of $21,564.00; 2, provide a Sports Park Master Plan for the City's property (Assessor Parcel Nos. 167-071-02, 168-091-02, 05, and 09 (86 acres) for a fee of $21,750.00; and 3. provide a landscape plan and develop construction drawings for the landscaping and irrigation of the street frontages at the Sports Park for a fee of $25,000.00 for a total contract amendment of $71,314.00 including $3,000.00 for reproduction allowance and authorized the Mayor and City Clerk to execute the document on behalf of the City. Councilmember Gilbreath asked staff to re - November 5, 2002 Page 4 AGREEMENT THIS AGREEMENT, made and entered into this 5' day of November, 2002, 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 VCI Telcorn, Inc. located in the City of Upland, County of San Bernardino, 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 for the following: To perform construction of the Project Home Again Utility Improvements project, complete, all as shown, specified, and made a part of Contract No. 243300-7230/43017. 2. THE CONTRACT SUM OF: $109,170.00 3. TIME FOR COMPLETION: The work shall be completed within forty-five (45) work days from and after the date of the Notice to Proceed. 4, 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. 5. 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. 6. 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. 7. INSURANCE: All policies of insurance required by this Contract shall name the City, its elected officials, employees, and agents as additional insured, and such insurance shall be primary with respect to such additional insured and non-contributing to any insurance or self-insurance maintained by the additional insured. The contractor is required to comply with all prevailing wage laws with regard to this HUD funded project within the State of California. The Federal Labor Standards Provisions (HUD 4010) as contained in Part II of these contract supplemental specifications are included and inserted with this Agreement and made a part of this contract. A. APPLICABILITY. The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this contract pursuant to the provisions applicable to such Federal assistance. I. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of 29 CFR Part 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification) and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii), and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (i) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met-. I - The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2 - The classification is utilized in the area by the construction industry; and 3 - The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, US Department of Labor, Washington DC, 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee, or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee, or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set -aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for or on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make all disbursements in the case of direct Davis -Bacon Act contracts. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work, preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates and wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR Part 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U S Government Printing Office, Washington DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: `l - That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; 2 - That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and 3 - That the laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3. (ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices. (i) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registration program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeymen's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR Part 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the US Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert an any subcontracts the clauses contained in 219 CFR Part 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination; Debarment. A breach of the contract clauses in 29 CFR Part 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Part 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shali not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the US Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Part 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Part 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the US Criminal Code, 18 USC 1001. Additionally, US Criminal Code Section 1010, Title 18, USC, "Federal Housing Administration transactions", provides in part, "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight horrs in arry calendar day o in excess of forty hours in such workweek unless such laborers or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in in excess of forty hours in such workweek, whiehever is greater. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in in excess of the standard workweek of forty hours without payment of the overtime wages by the clause set forth in subparagraph (1) of this paragraph. 3. Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. HEALTH AND SAFETY. 1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly Part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). 3. The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. NOTE: Edited text above is in accordance with revisions provided by the US Department of Housing and Urban Development. HUD form 4010 (2-84), (HB 1344.1) IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY'S SEAL By: ATTEST (�"- 6Q�iz� City C rk, City of R DS Co y of San Bernar mo, California Mayor, City of REDLANDS County of San Bernardino, California VCI Tcicom, Inc. Name of Contractor CONTRACTOR'S SEAL By: 7134 A - gL-, Signature of Au rized Agent Vice President Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 765716 A & C I O Contractor's License No. WORKERS' COMPENSATION INSURANCE STATEMENT 1, the undersigned and authorized agent for the Contractor, 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 under Contract No. 243300-7230/43017. VCI Telcom, Inc. Name of Contractor By: Signature of Auth zed Agent Vice President Signatory's Title 765716 A & CIO Contractor's License No. PERFORtNL NCE BOVD WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City) and VCl Telcorn, Inc., (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated November 5, 2002, and identified as Contract No. 243300-7230143017, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the Performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW, THEREFORE, said Princital and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of one Hundred Nine Thousand One Hundred Seven & No/Z00 -- dollars ( 109,170.00--- - for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or 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 according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials, officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in hull force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor, there shall be included costs and reasonable 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 stipulates and agrees that no change, extension of titre, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any $uch change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on November 14 VCI Telcom, Inc. Principal Sigra;[ure Bret A. Johnson , 2002. Bond No. 8188-60-84 (SEAL) Federal Insurance Company _ (SEAL) Surety By: Sigaaturc DiI e Address: 1-5 Mountain View Dr. Warren, NJ 07061-1615 (Nfjunal Acknowiedgmenrs of Contractor acid Surczy) Teiephonc: 4( 08 ) 903-33485 PA1 1TJEENT BOND V HEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and VCI Telcom, Inc„ (hereinafter designated as 'Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated November 5, 2002, and identified as Contract No. 243300-7230/43017, is hereby referred to and made a part hereof; and 'WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, TT EREF'ORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum. of One Hundred Nine Thousand One Hundred Seventy & NO/10o------ dollars (S 109 2 170.00----------- ) for materials furnished or labor thereon of any kind, cr 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 herein above set forth, and also is case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNtSS WHEREOF, this instrument has been duty executed by the Principal and surety named, on November 14 12002. Bond No, 8188-60-84 VCI Telcom, Inc. Principal (SEAL,) By: signature Br tt A, ohnson Federal Insurance Company (SEIL) Surety /— � i By; Signature Address: 15 Warren NJ 07061-1615 Acknowledgments of Conuaaor and Surety) Tciepiwne: 9( 08 ) 903-3485 CA,:.IFORNIA ALLIURPOSE ACKNOWLEDGMENT State of Colorado County of Arapahoe on November 14, 2002 before me, Gloria C. Blackburn , OATR NArf Tr7_1 Olt COACCA - H.C.. ^ywL 0CF, NOrAAY NtUC' personally appeared DiLynn Guerra Q personally known to me - OR - ❑ 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 ac- knowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by iris/her/their signature(s) an the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wll'NESS my hand land official seal. Sf6NA.TUAd CF NOTARY My Commission Expires August 28, 2004 Glorla C. Blackburn f OPTIONAL Though me data below is not required by law, it may prove vaivaale to parsons mlying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ uMrTED GENERAL ® ATTORNEY -IN -FACT C�1 TRUSTEE(S) ❑ GUARDIAN/CCNSERWATOR ❑ OTNER: SIGNER IS REPRESENTING: Federal Insurance Company ICW GP 416 DESCRIPTION OF ATTACHED DOCUMENT Performance and Payment -Bond TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES November 14, 2002 OATS OF COGUMENr SIGNERS) OTHER THAN NAMED ABOVE Chubb POWER Federal Insurance Company Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL. INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Gloria C. Blackburn, Kristen McCormick, Florietta Sanchez, Colon-ney Moran, Frank C. Penn, DiLynn Guern, Dan R. Broyles, Pamela J. Hansen., Donald E. Appleby and Kevin W. McMahon, of Denver, Colorado—--------------------------------------------------------------------- ---__ each as their true and lawful Attemey-in-Fact to execute under such designation in their names and to attic their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of its business (but not to include any instruments amending or altering the same, nor consents to the modification or alteration of any Instrument referred to in said bonds or obligations). In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on November 13th, 2000 Kenneth C. Wendel, Assistant Secretary Gerardo G. Mauriz, Vice President STATE OF NEW JERSEY ss. County of Somerset on November 13, 20,n�`t�nrr�� ore me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Pourer of Attorney, and the said Kenneth C. Wendel being by me duty swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of sold Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority: and that he is acqualnled with Gerardo G, Nburiz, and knows him to be Vice President of said Companies; and that the signature of Gerardo G. Mauriz, subscribed to said Power of Attorney Is In the genuine handwriting of Gerardo G. Mauriz, and was thereto subscribed by authority of said By -Laws and In deponent's presence. Notarial Seal it i WALSH � %H> .,,ikb;•,Vor�y , S� i�ry� .CEt7S nl.1F —w- +a�lepr AVA Notary Public 'r CERTIFICATION Extract from thr `Ey-Caws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY; 'All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a lice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairmen, 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 reiating thereto appointing Assistant Secretaries of 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 seal 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 with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendei, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing extract of the By -Laws of the Companies is true and correct, (If) the Companies are duly licensed and authorzed to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department: further, Federal and Vigilant are licensed In Puerto Rico and the U, S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ili) the foregoing Power of Attomey is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 14th day of November, 2002 NCR Mraa r a`SUR a F� O 0 �NBrA9ar ' Mist 115�� F6v IOR� Kenneth C. Wendel, As slant 5eeretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 003-3656 e-mail: surety@chubb.com Form 1s-16-0226 (Ed. 2-0) NON -CONSENT Company Profile Pagel of 2 ompany Profile FEDERAL INSURANCE COMPANY P.O. BOX 1615 WARREN, NJ 07061-1615 800-252-4670 Agent for Service of Process SCOTT CARROLL, 801 SOUTH FIGUEROA STREET SUITE 2400 LOS ANGELES, CA 90017 �J_n_ableto__ I,ogatte_tlze_Agettt.Aar..Ser iLe_ofProcess?. Deference Information NAIC #: 20281 NAIC Group #: 0038 California Company 11) 9: 0059-6 Date authorized in California: December 18, 1902 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: INDIANA 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.. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT. DISABILITY FIRE LIABILITY MARINE http://www4.insurance.ca.gov/wu/idb_co_Prof utl.get_co_prof?p_EID=2652 11/26/02 Company Profile Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information fA. Company o.rcernent_Action Documents Co_ i)an 'erforniaan.ce & Coll Data Composite Complaint Studies Want More? Heln_,Me Find a Cora�anyrepresentative in My Area F n��cial_Rating_01:gaWzatio s Last Revised - October 29, 2002 01:45 PM Copyright © California Department of Insurance Diselaimer http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co prof? EID-2652 11/26/02 - .. ..:.... w. .:.............:..::. A C 0 R D PRODUCER JOHN L. WORTHAM & SON, L.L.P. P.O. BOX 1 388 HOUSTON, TEXAS 77251-1388 071555-00090-2003A-000453 INSURED VCI TELCOM, INC. 1921 VEST 11TH. STREET UPLAND, CA 91786 - DATE (MM/DO(VY) 11/15/2002 THIS CERTIFICATE IS ISSUED, AS A MATTER OF IN FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY 1/1 A COMPANY B AEGIS COMPANY C COMPANY D NS MUTUAL CASUALTY COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/ODIYY) POLICY EXPIRATFON DATE (MM;DD") LIMITS A GENERAL LIABILITY COMMERCIAL GENERALLIABfLITY I CLAIMS MADE FXI OCCUR OWNER'S & CONTRACTOR'S PROT 5AA04544500 COVERAGE IS EXCLUDED IN THE STATE OF NEVADA 08/01/2002 08/01/2003 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMPIOPAGG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone firel $ 1,000,000 MED EXP (Any one person) $ 10,000 A AUTOMOBILE LIABILITY A ANY AUTO X ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NOWCWNED AUTOS F5D00788000 (TX) 08/01/2002 08/01/2003 F5DO0787900 (O/S) 08/01/2002 08/01/2003 COMBINED SINGLE LIMIT $ 1,000,000 COVERAGE IS EXCLUDED IN BODILY INJURY THE STATE OF NEVADA [Per person) $ BODILY INJURY $ (Per accident) PROPERTY DAMAGE 1 $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY CLAIMS MADE X UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE 08/01/2002 X2059A1AO2 RETENTION - $1 000,000 08/01/2002 08/01/2003 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROF7 OR/ X INCL PA RTNERS/EXECUTIVE OFFICERS ARE: EXCL 5BA12968901 (AZ & LA) 5BA12968801 (STATES OTHER THAN MONOPOLISTICAZ LA S, NV) r r 08/01/2002 08/01/2002 08/01/2003 08/01/2003 X STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 DISEASE- POLICYUMIT $ 1 OOO,OOO r DISEASE - EACH EMPLOYEE S 1 000'000 OTHER IDESCRIPTION OF OPERATIONSILOCATIONSIVEHLCLES/SPECIAL ITEMS RE: PROJECT -HOME AGAIN UTILITY IMPROVEMENTS, CONTRACT #2443300-7230/43017 SEE ATTACHED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF REDLANDS 30 DAYS WRITTEN NOTIICIE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P. 0. BOX 3005 BUT FAILURE TO MAIL SUCH NOTICE SHALL BAPOSE NO OBLIGATION OR LIABILITY REDLANDS, CA 92373 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AurHOR E�n PRd . T f/VoAa,n & Jon, op ,p p GENERAL LIABILITY POLICY INCLUDES CERTIFICATE HOLDER, ITS ELECTED OFFICIALS, EMPLOYEES, AND AGENTS AS AN ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF NAMED INSURED'S WORK FOR ADDITIONAL INSURED. AUTOMOBILE LIABILITY POLICY INCLUDES CERTIFICATE HOLDER, ITS ELECTED OFFICIALS, EMPLOYEES, AND AGENTS AS AN ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT, INSURANCE IS PRIMARY AS REGARD ADDITIONAL INSURED COVERAGE EXTENDED TO CERTIFICATE HOLDER. Company Profile Page I of 2 Company'.Profile LUMBERMENS MUTUAL CASUALTY COMPANY ONE KEMPER DR LONG GROVE, IL 60049-0001 800-833-0355 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to _Locate_th_e Agent for _Service._of.Process`? Reference .information NAIC 4: 22977 NAIL Group #: 0108 California Company ID #: 0699-9 Date authorized in California: January 15, 1923 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS 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. Eyfolu"I", AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE http://www4.insurance.ca.gov/wu/idb_co_prof uti.get co prof?p_EID=2941 11/26/02 Company Profile Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Corn pan.y Enforcement Action Documents CaMpany Per1ormaace & Comparison Data. Composite Con_iplain.t Studies Want More? Help Me .Fi.nd a Company Representative in My Area Financial_ acing 0_rgariiz�jtions, Last Revised - October 29, 2002 01:45 PM Copyright © Califonzia Department of Insurance Disclaimer http://www4.insurancc.ca.gov/wu/idb—co prof utl.get co_proPp_EID=2941 11/26/02 Company Profile Page 1 of 2 + mpany Profile AEGIS SECURITY INSURANCE COMPANY 2407 PARK TAR. STE. 200 P.O. BOX 3153 HARRISBURG, PA 17105 800-233-2160 Agent for Bernice of Process AEDULLA BADANI, 15010 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128- 0000 Unable -to Locate.the..Age—m..forr...Scry ce...c f Process_.% Reference Information NAIC #: 33898 NAIC Group #: 03.13 California Company ID #: 3195-5 Date authorized in California: February 02, 1989 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA Lines of InsuranceAuthorizedto 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. AUTOMOBILE BURGLARY DISABILITY FIRE LIABILITY MISCELLANEOUS PLATE GLASS SURETY http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=6930 11/26/02 Company Profile Page 2 of 2 Company Complaint Information , Comp Ac. on_Docui�ents Compan Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Co... an Representative in My Area .Financial Rating Organizations Last Revised - October 29, 2002 01:45 PM Copyright 0 California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_proVp EID=6930 11/26/02