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HomeMy WebLinkAboutContracts & Agreements_230-2023PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 5th day of December, 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 Delta Electric, LLC, a California Limited Liability Company (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Cypress Circle Street Lighting Upgrade Project, FCS08242023JN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Cypress Circle Street Lighting Upgrade Project, FCS08242023JN (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of one hundred forty-six thousand one hundred sixty-five and thirty cents' dollars ($146,165.30) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within ninety (90) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" from and after the date of City's issuance of a Notice to Proceed to Contractor. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of 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. 1 I:\cmo\Agreements\Delta Electric, LLC Public Work Contract FY22-0307.docx-ms 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code 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. 2 I:\cmo\Agreements\Delta Electric, LLC Public Work Contract FY22-0307.docx-ms IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: ne Donaldson, City Clerk CITY 0 RE -RI NDS By; Paul Barich, Mayor Pro Tem Rolando Estevez Name of Contractor Signature of Authorized Agent President Title CEO/CMP (SEAL) Signature of Authorized Agent (if necessary) Title 581045 Contractor's License No. 3 L\cmo\Agreements\Delta Electric, LLC Public Work Contract FY22-0307.docx-ms WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities and Community Services Department Cypress Circle Street Lighting Upgrade Project Project No. FCS08242023JN Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Dated this 12 day of December , 2023. (SEAL) Delta Electric LLC ntra c6,fa President (Signature) CEO/CMP (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) 4. I:\cmo\Agreements\Delta Electric, LLC Public Work Contract FY22-0307.docx-ms Form (Rev. October2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. Delta Electric LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (if any) in Individual/sole proprietor or II C Corporation 111 S Corporation El Partnership III Trust/estate single -member LLC I9 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single is disregarded from the owner should check the appropriate box for the tax classification of its owner. 1.1 Other (see instructions) ► ► P from FATCA reporting Do not check of the LLC is -member LLC that maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 17007 Strawberry Pine Ct Requester's name and address (optional) 6 City, state, and ZIP code Santa Clarita CA 91387 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number 8 1 3 2 7 6 6 5 7 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date IN. 06/22/23 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) DELTA-2 OP ID AC-CARO' CERTIFICATE OF LIABILITY INSURANCE ------ DATE(MMIDD/YYYY) 11/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 916-783-0000 Jack Novicio Insurance Agency 2745 Crosby Way Sacramento, CA 95815 Cecil Jack CONTACT Cecil Jack PHONE 916-783-0000 FAX 916-485-4998 (A/C, No, Ext): I (AIC, No): E-MAILADRLSS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : U.S. Specialty Insurance Co 29599 NSURED uelta Electric, LLC Contractor License # 581045 17007 Strawberry Pine Court Santa Clarita, CA 91387 INSURER B : Hartford Casualty Insurance Co INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION N 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. ICY LTRR TYPE OF INSURANCE INSD SUBR POLICY NUMBER EFF jMMLDDLYY ) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X U23AC83960-09 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE .?Eiro ED PREMISES (Ea occurrence) 100,000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PE 9j PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AU A _ LIABILITY ANY AUTO OWNED AUTOS ONLY H RED AiJTOS ONLY —AUTOS SCHEDULED AUTOS NON -OWNED ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (_Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE U22AC83960-09 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 DED RETENT ON $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVERR (Mandato//ry In NER EXCLUDED? H) If yes, describe under DESCRIPTION OF OPERATIONS below Y L N NIA 57WECZU3213 01/11/2023 01/11/2024 PERTUTE EOTH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) LEIN HOLDER INFO: CITY OF REDLANDS is listed as additional insured ATE HOLDER I CITYRED CITY OF REDLANDS 35 Cajon Street, Suite 15A Redlands, CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cecil Jack ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: U23AC83960-09 COMMERCIAL GENERAL LIABILITY HCS 040 06 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY AND BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this endorsement, the additional insured's own insurance means insurance on which the additional insured is a Named Insured. When this endorsement is attached to the policy it supersedes all other insurance conditions within. HCS 040 06 10 13 B. WAIVER OF SUBROGATION — BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" included in the "products - completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: a. Is in effect or becomes effective during the term of this policy; and b. Was executed prior to loss. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: U23AC83960-09 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person or organization for whom you are performing operations during the policy period when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: U23AC83960-09 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization, when you and such parties have agreed in writing in a contract or agreement pertaining to "your work" performed during the policy period. This additional insured coverage does not apply to "excluded residential construction". "Excluded residential construction" means: a) the ground -up construction of any building whose units will be individually owned and titled; and, b) "your work" performed on the conversion of any building into a condominium or townhome. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ CUSTOMER NUMBER: 590631 RUN DATE: 11-27-23 CABRINI INS AGY INC 9795 CABRINI DR 4 103 BURBANK, CA 91504 CITY OF REDLANDS 35 CAJON ST STE 15A REDLANDS, CA 92373-4746 Certificate Copy CI CW A02 10 11 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regard- less of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder: CITY OF REDLANDS 35 CAJON ST STE 15A REDLANDS, CA 92373-4746 Named Insured: ALEX ESTEVEZ 17007 STRAWBERRY PINE CT SANTA CLARITA CA 91387-6952 Automobile Liability Insurer Name: Allstate Insurance Company PoicyNumber: 648157658 1 - Any Auto 2 - Owned Autos Only 3 - Owned Priv. Pass. Autos Only 4 - Owned Autos Other Than Priv. Pass. Autos Only 5 - Owned Autos Subject to No Fault 6- Owned Autos Subject to a Compulsory UM Law X 7 - Specifically Described Autos 8 - Hired Autos Only 9 - Non -owned Autos Only Po icy Effective Date: 04-07-2023 Policy Expiration Date: 09-07-2024 Limits Of Insurance: $ 2,000,000 Combined Single Limit (each accident) BI Per Person BI Per Accident PD Per Accident Description of Operations/Locations/Vehicles/Endorsements/Special Provisions Interested Party Type: CERTIFICATE f-IOLDER THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF TH IS CERTIFICATE INDICATES THAT TH E CERTIFICATE HOLDER IS AN ADDITIONAL IN SURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer: CABRINI INS AGY INC Date: 11-27-23 Authorized Representative: CI CW A02 10 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Allstate Insurance Company Certificate Copy Page 1 of 1 Bond No: CE11499801542 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Delta Electric, LLC (hereinafter designated as "Principal") have entered into an agreement dated December 5th, 2023 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Cypress Circle Street Lighting Upgrade Project, FCS08242023JN, 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, Philadelphia Indemnity Insurance Company, as Surety, are held and firmly bound unto the City in the penal sum of one hundred forty-six thousand one hundred sixty-five and thirty cents dollars ($146,165.30) 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 obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Work in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, 5 I:\cmo\Agreements\Delta Electric, LLC Public Work Contract FY22-0307.docx-rns 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 terms of the Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on December 6 , 2023. (SEAL) (SEAL) Delta Electric, LLC Philadelphia Indemnity Insurance Company or) (S&ignsttrre) (Seal and Notarial Acknowledgment of Surety) `µyptiWTlfJI G' John I 'eisbrot, Att ney-in-Fact Address: One Bala Plaza, Suite 100 a _'" Bala Cynwyd, PA 19004-1403 1 4'°. vv,'�'''' ott Telephone (866 ) 516-1776 %'%ti,,*• •••• •jb�.`` 6 I:\cmo\Agreements\Delta Electric, LLC Public Work Contract FY22-0307.docx-ms Bond No: CE11499801542 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Delta Electric, LLC (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 December 5tb, 2023, and identified as Cypress Circle Street Lighting Upgrade Project, FCS08242023JN is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing 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 one hundred forty-six thousand one hundred sixty-five and thirty cents dollars ($146,165.30) 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. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on December 6 , 2023. (SEAL) (SEAL) o�,ua+,u„yDelta Electric, LLC Philadelphia Indemnity Insurance Co N�/%ay -(Contracte)�i0ii\) ..v.� te BY: .r a(Signature) Joh: Weisbot, orney-in-Fa� (Seal and Notarial Acknowledgement of Surety) Address: One Bala Plaza, Suite 100 4�1, fre ....•.•''' a, ter Bala Cynwyd, PA 19004-1403 ''04,,,,:„„z ;ot Telephone: ( 866 ) 516-1776 7 I:\cm(\Agreemen'.s\Delta Electric, LLC Public Work Contract FY22-0307.docx-ms PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPIIIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JOHN D. WEISBROT, MELISSA L. MCDADE OR STEVEN M. VARGA its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PI-IILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPIIIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) I�ih�) Glarn�a, PrestdoOt. :CEO Philadelphia Indemnity Insurance Company On this 5111 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CommonweaNfi of Ponnbyivania - Noti Seal VaneseaMekenzle,Notary Pub " MontgomeryCounty My commisalon explrea November 3, 2024 Commisslori number 1366394: :MemberPonn ylvoi' rAssoCI tionerNeta?tes Notary Public: residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5°i day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6th day of December , 20 23 otoe .09 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY mr Dodu:$10 Envelope ITS: DF02005r:41E0A-4.P.7-01000P110F083070 PIJILADELPHIA INDEIVINITYINSURANCE COMPANY SOt44tory Statements Of Minified, Assokii-4011100imct COIttif 444:Sitle.Plu!' (hi tliptigaitttsctx4tptparvoltio hnit Adis:fitted Assets 'ROWS Cfeir $7,92,0V'end $.8,447,04) 1ite1br1ett stOetcs(1eir:'-yalue_$14,560 end $19,2.62) Qdnitubn stocks (cost .$24;10retid $44.,923) Mortgage.loans Real eState _ Other jnyested -assots (egit. :$212,500 and $194,220)- kedelliebles for securities sold Csas11, eat egnivatents end sllortaterm- iiivcstm'enfs Cashand iltsiegteas§dts Pant itiinsrfeteiVable:, -itgetrts'balances till] ottier TeetivableS Reillsotence recoverable on paid loss and loss,eistinent expenses Aeotttod itWestinent income ReceiVeblefioni tiffiliates ttdotativatiso taXes-receiVable Netdeforted 1ttx eSS.0.1S 'Other assets l'Otele1Itititted es:Sets Liabilities and Cheittel and Staples Litib10110: V410g1(1,104,104-10.s5.40,:10§1mpptpNpons.es;- 11000t00010111101M jOsprgneq-pgyohle on.-peitt tp.ss,:ettd1ossftxdj:eetmentvWettSOS Ceded felitStitittitelteitinfris:payable Commissions peyelge,,eOnftngent eoinni1sslops and pthets101110.4grgqs, ..t1,10as.1i01.41 P.:40.1.gb td,oftijiplq$, lit0918.160 tor relmomoce: Payablefor$'000, Rio§ pqr0400 44.0:000:(1o4omes and 010or IiablUtlaa TONI ItObt1itt4 eoltut:. tientnOn ;stook pr vtlue:Of:$10: per shore. 'I 000 000 thaws fintliortiO4.-45.0006thatesisSuett and OdtStetidint **est etnittibitted surplus -111ness1gnett surplus Total SittplitS Talai-opitat.ottsatiihts 101Wjitibilittet atc1depitgantIstoins 2022. SA125 1000 AM:5' 1,074,04 '21,-719 234438: 47610479411 .904 .9$99:,951 ppmt :91.076 4407 4t-Up 8g,061 74,000 4'410:4'57 21,231 8,144 1104:52,f 141443 j9,6 1t:47430Z $ 1049044 As ofbeeeniber 311, 2021 $,102,442 19,62 41.194 -9j."7„986 29,40.8' 218,92'0 152. 128387 $. .$,6:0.0,56:(8 ,S '6....;04;40.8 700p.511 1;654,339 119.457 .130,04 247ipp6.: .2'0,02i1 82:555 77,117 2.047 It:40. 678• -471 42,42,6.: PAO ,58:202: 47213 8,058,159: -765158.0 4;50.0. 4,..590 380,971 3804071 102:5,572. :204,105, 3A1i Ad 040064 .3,063141 1045.464 t 1124700 4 1009,1144. Ttio 404001004, being doly,ovorth,40§Criat the is the Th.wouttye Vtoe,Proadopt and tblef Trinpeitil ()Meer of PlilladoWitia bidoPiti* i**006: ppiooty; that aid Company 14 a 00./001 dxfbr, otganized in the stateof Pennsylvania, Alta Licensed and 0000 into $t*.ofyptijiv4,--44iik.:00110-§.; 4:4ty,',00410041Wit4Attt4otIO of the-,lawg:isPth6:•mid.tiatt 'opt:tot* of the said COnapetly ''end is duly qualified to not 4:8:0101y. tq, itataattt'Companylag.also emptied with and liAtity. goalifietirto..aotas 8tatty, tatdar the to tiro boSt-ofilior;ktiowletigoltati holietthoobove,StatOmat is .a full,,.trao-IntiJoorreototataittont of Z ° V : 0.ot5ioa4th '2' : 192? . xl, 61 -Cali CiON044Agialeb 1PIttl1CtOltif0DP11fttefe,110 EVP ;.;Fo CF ,. $,„ .0 „... f to N 610 W"Ite WI' Ctimit0f1Wlth entisylvgniti.fr NOta.ty.Seat Khibi§TWA. Koti.5§1Q9k(, Notary Public Atf441; Mptitgoinorytoutity- My-eoMmIsslottexpIttls DO6fitntioy18;g24 tOrnrnleelbh ptiktiOf.:124/00. Member, PiEihritylvarifaMeboleti6h of tktOtarles SWotit ti before tile till& Oh. dfly-tflinto 2023, oya*r yjcesst Nii 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 Pennsylvania County of Bucks On December 6, 2023 before me, Tracy Konopka, Notary Public (insert name and title of the officer) personally appeared John D. Weisbrot, Attorney -In -Fact 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 acknowled•ed to me tha .he/they executed the same in er/their authorized capacity(ies), and that b-her/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 Pennsylvania that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Nnta u IIc (Seal) Commonwealth ,ealth of Pennsylvania = Notary seal TRACY ki3NDP► A - Notary Public My CommrssinnBucks County Commission Number 1259261ember 3, 2026 Number i2�5g2�f 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 LA. On 0- zoo before me, /4,6)/ i 4-) 1)t Cd-i' PU. /ice_ (insert name and title of the officer) personally appeared / ee--L5-/-e,ve(s who proved to me on the basis of satisfactory evidence to e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature (Seal) Abofitp HAMID NESSAR Notary Public - California Los Angeles County Commission it 2422517 My Comm, Expires Nov 17, 2026