HomeMy WebLinkAboutContracts & Agreements_33-2023PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 21st day of
February, 2023, by and between the City of Redlands, a municipal corporation, organized and existing
under the laws of the State of California (hereinafter "City"), and Elecnor Belco, Inc. (hereinafter
"Contractor"), a California corporation. City and Contractor are sometimes individually referred to
herein as a "Party" and, together, as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following: Boring, Conduit and Pull Box Installation at 8t1i Street, W. Fern Street, Concord
Lane, Reservoir Road and Church Street per RFQ MUED20221013MF , complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's Conduit
Installation Request for Quote (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of One Hundred and One Thousand, Five
Hundred and Ninety dollars ($101,590.00) as consideration for its performance of the Work in
accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public
Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent
as a substitute for retention of earnings required to be withheld by City pursuant to an escrow
agreement as set forth in Public Contract Code section 22300.
TIME FOR COMPLETION: The Work shall be completed within 90 Calendar Days (90)
calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of Five Hundred dollars/cents ($500.00)
for each consecutive calendar day in excess of the specified time for completion of the Work.
Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred
dollars ($500.00) per day is the estimated damage to City caused by the failure of 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 Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance
Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications,
and any addenda thereto (collectively, the "Contract Documents").
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in
addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees,
including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three
hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and
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processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public
Contract Code (commencing with Section 20104). All claims shall be in writing and include the
documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code
Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this
case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor
Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work
on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to
be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
[SIGNATURES ON FOLLOWING PAGE]
2
\cmo\Agreements\Electior Belco Electric, FY22-0108.doc-la
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
(SEAL)
ATTEST:
e Donaldson, City Clerk
CITY OF RED ANDS
By:
Eddie Tejeda, Mayor
(SEAL)
Elecnor Belco, .- ' ectric, Inc.
Name of Contrac
By:
Signa - of rized Agent
Jeroni Gervilla, CF
John Wong, ice President
Title
ture of Authorized Agent (if necessary)
Roger DeVito, Assist. Secretary/Sr.V.Pres.
Title
738518
Contractor's License No.
3
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino
On 2/24/23
}
before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Jeroni Gervilla
who proved to me on the basis of satisfactory evidence to be the person(s-) whose
name(-s-) is re subscribed to the within instrument and acknowledged to me that
he/they executed the same in ►r er/their authorized capacity(ics), and that by
er/their signature() on the instrument the person(s-), or the entity upon behalf of
which the person(s) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Nota
Public SignaturWijk-
e)
(Notary Public Seal)
REBECCA WILKS
Notary Public - Caiifornia
San Bernardino County
Commission # 2300424
My Comm. Expires A.;g 5. 2023
® •
ADDITIONAL OPTIONAL INFQRMAT ON INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current Calilo, nia .statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
fi•ona other .states rnar be completed for documents being sent to that state so long
as the wording does not require the Caitlin -ma notary• to violate Calr'fonaicr n0/are
law.
• State anct County information must be the State and County «$ere the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
conunissi.on followed by a comma and then your title (notary public).
• Print the natue(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural Corms by crossing off incorrect forms (i.e.
he/slte(they, is /are ) or circling the correct tones. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must he clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on tile with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO. CFO. Secretary).
• Securely attach this document to the signed document with a staple.
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands contract
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
El Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract:
City of Redlands
Facilities and Community Services Department
Conduit Installation
MUED20221013MF
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
a. By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
b. By securing from the Director of Industrial Relations, a certificate of consent to self -
insure, either as an individual employer, or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self -insure and to pay any compensation that may become due
to his or her employees.
CHECK ONE
/ ' 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 perfoiniance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that I
become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Dated this a day of —92 G, , 2023.
E
Electric, Inc.
elco,
actor)
re)
J:s.. i Gervilla, CFO
(0 ' cial Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the
contract.)
4
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino
On 2/24/23
}
before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Jeroni Gervilla
who proved to me on the basis of satisfactory evidence to be the person() whose
name() is re subscribed to the within instrument and acknowledged to me that
he/they executed the same in is er/their authorized capacity(icc), and that by
er/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Jary r I lt / - Y
No Public Signature IA)
♦
REBECCA WILKS
Notary Public - California
San Bernardino County
Commission n 2300424
My Comm. Expires Aug 5. 2023
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands workers comp
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
www,NotaryClass
.co! >;' Y1 80 C!-.
3-9865
Thi.s.fornt complies with cumin Cali/ornra statutes regarding notary wording and,
if needed, should he completed and attached to the document. Acknowledgements
from other states may be completed, f u' documents being .scut to that state so long
as the wording does not require the California notwy to violate California notan-
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a conuna and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fors (i.e.
he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this
intimnation may lead to rejection of document recording.
• The notary seal impression trust he clear and photographically reproducible.
Impression must not cover text or tines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public roust match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CFO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Bond No. 015220421
Premium: $343.00
FAITHFUL PERFORMANCE BOND
Elecnor Belco
Whereas, the City of Redlands ("City"), State of California, and Electric, Inc.
(hereinafter designated as "Principal") have entered into an agreement dated , 2023
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as Boring, Conduit ** and is hereby referred to and
made a part hereof; and
Whereas, said Principal. is required under the terms of the Agreement to furnish a bond for
the faithful performance of the Work, now, therefore, we, the Principal and,
Liberty Mutual Insurance Company , as Surety, are held and firmly bound unto the City in the penal
sum of One Hundred One Thousand Five *** dollars ($ 101,590.00 ) lawful money of the
United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents,
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in the Agreement and any
alteration thereof made as therein provided, on his or its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall
defend, indemnify and save harmless the City and its elected officials, officers, agents and.
employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall
be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obi.igations, all to be taxed as
costs and included in the judgment rendered,
As a condition precedent to the satisfactory completion of the Work, the above obligation
shall hold. good for a period of one (1) year or longer if required by the Agreement after the
acceptance of the work by the City, during which time if the Principal shall fail to make full,
complete, and satisfactory repair and replacements and totally protect the City from loss or damage
made evident during this period from the date of completion of the Work, and resulting from or
caused by defective materials or faulty workmanship, the above obligation in penal sum thereof
shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as
any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder and the City, and make available as work progresses
5 *February 21
1:\cmo\Agrcerncnts\Eleonoi' &leo Electric, Inc. FY22-01(14rriln Pull Box Installation at 8th Street, W. Fern Street, Concord
Lane, Reservoir Road and Church Street MUED20221013MF
***Hundred Ninety and 00/100
sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price,
but not exceeding, including other costs and damages for which Surety may be liable hereunder, the
amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall
mean the total amount payable to the Principal by the City under the Agreement and any
modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid
from the Principal for completion of the Work if the City, when declaring the Principal in default,
notifies Surety of the City's objection to the Principal's further participation in the completion of
the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City named herein or the successors or assigns of the City. Any suit under this bond
must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the Specifications accompanying the same shall in any way affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terns of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any
attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety
above named, on February 23 , 2023.
(SEAL)
Elecnor :;:1�:' Electric, Inc.
Liberty Mutual Insurance Company
(Surety)
BYE,
(SEAL)
( ignature) Donna it Ptaneta (Signature) Attorney -in -Fact
Or Ott , fir. V.
pria65;14. 5trt Address:175 Berkeley Street
/ Boston, MA 02116
(Seal and Notarial Acknowledgment of
Surety)
I:\cmo\Agreements\Elecnor Belco Electric, Inc. EY22-0I08.doc-la
Telephone (617)) 357-9500
6
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino
}
On 3/1/23 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Roger DeVito
who proved to me on the basis of satisfactory evidence to be the person(s-) whose
name(-s)Is re subscribed to the within instrument and acknowledged to me that
the/they executed the same in Is er/their authorized capacity(ics), and that by
er/their signature(s-) on the instrument the person(), or the entity upon behalf of
which the person(s-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WIZNESS my hand and official seal.
Notary Public Signature
(Notary Public Seal)
REBECCA WILKS
Notary Public - California
San Bernardino County
Commission = 2300424
My Comm. Expires A_g 5. 2023
ADDITIONAL OPTIONAL INFORMAT ON
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands bond
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
♦
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current (alhlbrrria statutes regarding nolaiy wording and,
f needed, should be completed and attached to the document. Acknowledgments
from other .stales may be completed fir documents being sent 10 that stale .so long
as the wording does not require the California notcny to violate C'a/i%rnia nolar'
taro.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
roust also be the same date the acknowledgement is completed.
• The notary public must print his or her name as it appears within his or her
conunission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• hmdicate the correct singular or plural forms by crossing off incorrect limns (i.e.
lu /she!they. is / ) or circling the correct forms. Failure to correctly indicate this
information inay lead to rejection of document recording.
• The notary seal impression must he clear and photographically reproducible.
Impression must not cover text or tines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public roust match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document; number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the .signs( document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Connecticut
County of Hartford
On February 23. 2023
Date
before me, Robyn L. Salley , Notary Public
Personally appeared Donna M. Planeta
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who 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 instrumentthe person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ROBYN L. SALLEY
NOTARY PUBLIC - CT 185794
My Comrntssion Expires Feb. 28, 2027
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the
State of cr that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Signature of Notary Public
Robyn L. Salley
Though this section is optional, completing this information con deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date
Number of Pages
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Corporate Officer—Title(s)
❑ Partner ❑ Limited ❑ General
❑ Individual ® Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer(s) Other Than Named Above
Signer's Name
❑ Corporate Officer—Title(s)
❑ Partner ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer Is Representing Signer Is Representing
Liberty
Mutual.
SURETY
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
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8207373-985949
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aimee R.
Perondine; Alexis Apostolidis; Amanda Pierina D'Angelo; Bethany Stevenson; Brendan Fletcher; Bryan M. Caneschi; Cassandra Baez; Donna M. Planeta; Eric Strba;
Gentry Stewart; Jacqueline Susco; Jennifer Gail Godere; Joshua Sanford; Kathryn Pryor; Kyle Williams; Michelle Anne McMahon; Nicholas Turecamo; Rebecca M.
Josephson
all of the city of Hartford state of CT each individually if there be more than one named, its true and lawful attorney -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 pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 22nd day of February , 2022 .
By:
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
emu;
David M. Carey, Assistant Secretary
State of PENNSYLVANIA ss
County of MONTGOMERY
On this 22nd day of February , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastel's, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
By:
eresa Pastella, Notary Public eresa Public
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President
may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all
-f theset forth in their respective powers of attomey,shall have full
undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to p a e
power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall
be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
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 attomeys-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 seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attomey 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.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of February , 2023 .
By:
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
Bond No. 015220421
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Elecnor Belco,
Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement")
whereby Principal agrees to install and complete certain designated public improvements (the
"Work"), which said agreement, dated February 21 , 2023, and identified as
Boring, Conduit and Pull Box * is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the
performance of the Work, to file a good and sufficient Labor and Material bond with the City of
Redlands to secure the claims to which reference is made in Title 3 (commencing with Section.
9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the City and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of ** dollars ($ *** ) for materials furnished or labor thereon
of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work
or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by
the City in successfully enforcing such obligation., to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 3 (commencing with
Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed., then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or the specifications accompanying the same shall in any
.manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition.
[SIGNATURES ON FOLLOWING PAGE]
* Installation at 8th Street, W. Fern Street, Concord Lane,
Reservoir Road and Church Street MUED20221013MF
**One Hundred One Thousand Five Hundred Ninety and
00/100
"1101,590.00
7
'Memo \Agreements\ Elecnor }3eleo Electric, Inc. FY22-0108.doc-la
In witness whereof, this instrument has been duly executed by the Principal and surety
above named, on February 23 , 2023.
(SEAL)
Elecnoelco Electric, Inc. Liberty Mutual Insurance Company
(Contractor)
Signature)
�� acY►4v, r P.t,4ss; s+, Ste, .
(Seal and Notarial Acknowledgement of Surety)
8
I:\cmo\Agreements\Elecnor Belco Electric. Inc. FY22-0108.doc-la
(SEAL)
BY:
Donna M. Planeta
Surety)
(Signature)
Address: 175 Berkeley Street
Boston, MA 02116
Telephone: (617 ) 357-9500
Attorney -in -Fact
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino
On 3/1/23
}
before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Roger DeVito
who proved to me on the basis of satisfactory evidence to be the person(s-) whose
name(-s-) Js re subscribed to the within instrument and acknowledged to me that
he/they executed the same inr11> er/their authorized capacity(ies), and that by
er/their signatures-) on the instrument the person(), or the entity upon behalf of
which the person(s-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
SS my hand and official seal.
Notary Public Signature
(Notary Public Seal)
•
ADDITIONAL OPTIONAL INFORMAT ON
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands bond
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
800 8, .3
REBECCA WILKS
Notary Pubiic - Caiifornia
San Bernardino County
Commission = 2300424
My Comm. Expires A,.g 5. 2023
INSTRUCTIONS FOR COMPLETING THIS FORM
40
This form complies with current (ali/irrrria statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments -
from other states may be completed jnr documents being sent to than state so long
as the wording does not require the (i liforrria notary to violate California notary-
• State and County information must he the State and County xehere the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary, public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signcr(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is h e ) or circling the comet forams. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document; number of pages and date.
Indicate the capacity claimed by the signer, it the claimed capacity is a
corporate officer; indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document o'ith a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Connecticut
County of Hartford
On February 23.2023
Date
)
)
before me, Robyn L. Salley , Notary Public
Personally appeared Donna M. Planeta
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who 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 instrumentthe person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ROBYN L. SALLEY
NOTARY PUBLIC - CT 185794
My Commission Expires Feb. 28, 2027
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the
State of CT that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
OPTIONAL --
Signature of Notary Public
Robyn L. Salley
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Corporate Officer—Title(s)
❑ Partner ❑ Limited ❑ General
❑ Individual ® Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer's Name
❑ Corporate Officer—Title(s)
❑ Partner ❑ Limited El General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑Guardian orConservator
❑ Other
Signer Is Representing Signer Is Representing
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Liberty
Mutual.
SURETY
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
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8207373-985949
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aimee R.
Perondine; Alexis Apostolidis; Amanda Pierina D'Angelo; Bethany Stevenson: Brendan Fletcher; Bryan M. Caneschi: Cassandra Baez; Donna M. Planeta; Eric Strba;
Gentry Stewart: Jacqueline Susco; Jennifer Gail Godere; Joshua Sanford; Kathryn Pryor; Kyle Williams; Michelle Anne McMahon; Nicholas Turecamo; Rebecca M.
Josephson
all of the city of Hartford state of CT each individually if there be more than one named, its true and lawful attorney -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 pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 22nd day of February , 2022 .
By:
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
David M. Carey, Assistant Secretary
State of PENNSYLVANIA ss
County of MONTGOMERY
On this 22nd day of February , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 26. 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
By:
eresa Pe9elb. Notary Public eresa Pastella, Public
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President
may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely 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 Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall
be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
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 seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that 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.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of February , 2023 .
1NSUq
P? aPOR411. 0
Fo �
1991
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02121