HomeMy WebLinkAboutContracts & Agreements_247-2025AGREEMENT FORM
Bid Category No. 06
THIS AGREEMENT, entered into this 16th day or 2025 in the San Bernardino
County of the State of California, by and between the CITY OF REDLANDS, hereinafter called the
"City", and Ma(ernan be. , hereinafter called the "Contractor". Contractor acknowledges that this
Project is being awarded in accordance with the Uniform Public Construction Cost Accounting
("UPCCAA") set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any
requirements set forth in the UPCCAA including all guidelines and requirements in the current California
Uniform Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual.
Contractor shall cooperate with the City and provide any requested information or documents as requested
by the City to comply with the UPCCAA including, but not limited to, all Project cost data, invoices,
accounting records, payroll records, etc.
WITNESSETH that the City and the Contractor for the consideration stated herein agree as
follows:
ARTICLE 1- SCOPE OF WORK: The Contractor shall furnish all labor, materials, equipment,
tools, and utility and transportation services, and perform and complete all work required in connection
with FC82Q91017T5' & Ciiy Hall lioi► afion ("Project") in strict accordance with the Contract
Documents enumerated in Article 7 below. The Contractor shall be liable to the City for any damages
arising as a result of a failure to comply with that obligation, and the Contractor shall not be excused with
respect to any failure to comply by an act or omission of the Construction Manager, Architect, Engineer,
Inspector, City, or representative of any of them, unless such act or omission actually prevents the
Contractor from fully complying with the Contract Documents and the Contractor protests, in accordance
with the Contract Documents, that the act or omission is preventing the Contractor from fully complying
with the Contract Documents. Such protest shall not be effective unless reduced to writing and filed with
the City office within seven (7) days of the date of occurrence of such act or omission preventing the
Contractor from fully complying with the Contract Documents,
ARTICLE 2 - TIME OF COMPLETION: The City may give notice to proceed within ninety
(90) days of the award of the bid by the City. Once the Contractor has received a notice to proceed, the
Contractor shall reach Substantial Completion (See Article 1.1.47) of the Work within Three hundred
Thirty-two (332) calendar days from the start of construction receipt. This shall be called Contract Time.
(See Article 8). It is expressly understood that time is of the essence.
Contractor has thoroughly studied the Project and has satisfied itself that the time period(s) for this
Project was adequate for the timely and proper completion of submittal, procurement and the Project within
each milestone and within the Contract time.
In the event that the City desires to postpone giving the notice to proceed beyond this ninety (90)
day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to
proceed may be postponed by the City. It is further expressly understood by the Contractor, that the
Contractor shall not be entitled to any claim of additional compensation as a result of the City's
postponement of giving the notice to proceed.
If the Contractor believes that a postponement will cause hardship to it, the Contractor may
terminate the Contract with written notice to the City within ten (10) days after receipt by the Contractor of
the City's notice of postponement. It is further understood by the Contractor that in the event that the
Contractor terminates the Contract as a result of postponement by the City, the City shall only be obligated
to pay the Contractor for the work performed by the Contractor at the time of notification of postponement.
Should the Contractor terminate the Contract as a result of a notice of postponement, the City shall have
the authority to award the Contract to the next lowest responsible bidder.
ARTICLE 3 - LIQUIDATED DAMAGES: It being impracticable and infeasible, to determine
the amount of actual damage, it is agreed that the Contractor will pay the City the sum specified in the
Supplementary General Conditions per calendar day for each and every day of delay beyond the Contract
Time set forth in Article 2 of this Agreement (inclusive of Milestones that are critical on the critical path or
noted as critical to the City) as Liquidated Damages and not as a penalty or forfeiture. In the event
Liquidated Damages are not paid, the Contractor further agrees that the City may deduct such amount
thereof from any money due or that may become due the Contractor under the Contract (See Article 9.6
and 2.2 of the General Conditions).
ARTICLE 4 - CONTRACT PRICE: The City shall pay to the Contractor as full consideration
for the faithful performance of the Contract, subject to any additions or deductions as provided in the
Contract Documents, the sum of Five Hundred Eighty Three Thousand One Hundred Five DOLLARS (�
5 3 , said sum being the total amount stipulated in the Bid Contractor submitted, Payment shall be
made as set forth in the General Conditions.
Should any Change Order result in an increase in the Contract Price, the cost of such Change Order
shall be agreed to in advance by the Contractor and the City, subject to the monetary limitations set forth
in Public Contract Code section 20118.4. In the event that the Contractor proceeds with a Change in work
without an agreement between the City and Contractor regarding the cost of a Change Order, the Contractor
waives any Clann of additional compensation for such additional work.
ARTICLE 5 - HOLD HARMLESS AGREEMENT: Contractor shall defend, indemnify and
hold harmless City, Architect, Construction Manager, Inspector, the State of California and their officers,
employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments,
demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property
damage or other cause based or asserted upon any act, omission, or breach connected with or arising from
the progress of Work or performance of service under this Agreement or the Contract Documents. As part
of this indemnity, Contractor shall protect and defend, at its own expense, City, Architect, Construction
Manager, Inspector, the State of California and their officers, employees, agents and independent
contractors from any legal action including attorney's fees or other proceeding based upon such act,
omission, breach or as otherwise required by this Article.
Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless City,
Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents
and independent contractors from every claim or demand made, and every liability, loss, damage, expense
or attorney's fees of any nature whatsoever, which may be incurred by reason of. -
(a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including
theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of
law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm
or corporation or in connection with the Work called for in this Agreement or the Contract Documents,
except for liability resulting from the sole or active negligence, or the willful misconduct of the City.
(b) Any bodily injury to or death of persons or damage to property caused by any act,
omission or breach of Contractor or any person, fine or corporation employed by Contractor, either
directly or by independent contract, including all damages or injury to or death of persons, loss (including
theft) or loss of use of any property, sustained by any person, firm or corporation, including the City,
arising out of or in any way connected with Work covered by this Agreement or the Contract Documents,
whether said injury or damage occurs either on or off City property, but not for any loss, injury, death or
damages caused by the sole or active negligence or willful misconduct of the City.
(c) Any dispute between Contractor and Contractor's subcontractors/supplies/ Sureties,
including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or
employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or
any other person employed in connection with the Work and/or filing of any stop notice or mechanic's
lien claims.
Contractor, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or
other proceedings that may be brought or instituted against the City, its officers, agents or employees, on
account of or founded upon any cause, damage, or injury identified herein Article 5 and shall pay or satisfy
any judgment that may be rendered against the City, its officers, agents or employees in any action, suit or
other proceedings as a result thereof.
The Contractor's and Subcontractors' obligation to defend, indemnify and hold harmless the City,
Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents
and independent contractors hereunder shall include, without limitation, any and all claims, damages, and
costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss
(including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure
of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or
other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of
violation of the Americans with Disabilities Act ("ADA").
ARTICLE 6 - PROVISIONS REQUIRED BY LAW: Each and every provision of law and
clause required to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall
be read and enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall
forthwith be physically amended to make such insertion or correction.
ARTICLE 7 - COMPONENT PARTS OF THE CONTRACT: The Contract entered into by
this Agreement consists of the following Contract Documents, all of which are component parts of the
Contract as if herein set out in full or attached hereto:
Notice Inviting Bids
Instructions to Bidders
Designation of Subcontractors
Non -Collusion Declaration
Bid Guarantee Form
Bid Bond
Bid Form
Contractor's Certificate Regarding Worker's Compensation
Acknowledgment of Bidding Practices Regarding Indemnity
Agreement Form
Payment Bond
Performance Bond
Guarantee
Escrow Agreement for Security Deposit In Lieu of Retention
Workers' Compensation/Employers Liability Endorsement
General Liability Endorsement
Automobile Liability Endorsement
Contractor's Certificate Regarding Drug -Free Workplace
Contractor's Certificate Regarding Alcohol and Tobacco
General Conditions
Supplementary General Conditions
Specifications
All Addenda as Issued
Drawings/Plans
Substitution Request Form
Requirements, Reports and/or Documents in the Project Manual or Other Documents Issued to Bidders
Trade Scope of Work Summary
All of the above named Contract Documents are intended to be complementary. Work required by
one of the above named Contract Documents and not by others shall be done as if required by all.
ARTICLE 8 - PREVAILING WAGES: Wage rates for this Project shall be in accordance with
the general prevailing rate of holiday and overtime work in the locality in which the work is to be performed
for each craft, classification, or type of work needed to execute the Contract as determined by the Director
of the Department of Industrial Relations. Copies of schedules of rates so determined by the Director of
the Department of Industrial Relations are on file at the administrative office of the City and are also
available from the Director of the Department of Industrial Relations. Monitoring and enforcement of the
prevailing wage laws,and related requirements will be performed by the Labor Commissioner/ Department
of Labor Standards Enforcement (DLSE).
The following are hereby referenced and made a part of this Agreement and Contractor stipulates
to the provisions contained therein.
Chapter 1 of Part 7 of Division 2 of the Labor Code (Section 1720 et seq.)
2= California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section 16000
et seq.)
ARTICLE 9 - RECORD AUDIT: In accordance with Government Code section 8546.7(and
Davis Bacon, if applicable) and Article 13.11 of the General Conditions, records of both the City and the
Contractor shall be subject to examination and audit for a period of five (5) years after a Final Retention
Payment or the Recording of a Notice of Completion, whichever occurs first.
ARTICLE 10 - CONTRACTOR'S LICENSE: The Contractor must possess throughout the
Project a Class as specified in the Notice Inviting Bids, Contractor's License, issued by the State of
California, which must be current and in good standing.
IN WITNESS WIIEREOF, this Agreement has been duly executed by the above named parties,
on the day and year first above written.
City of Redlands CONTRACTOR: McKernan Inc.
By: UA— Bryan McKernan
Mario Saucedo, Mayor Typed or Printed Name
Dated:
Attest:
ne Donaldson, City Clerk
President
Title
1
Signature
Type or Printed Name
Title (Authorized Officers or Agents)
Signature
EXECUTED IN THREE ORIGINAL COUNTERPARTS
PAYMENT BOND Bond No. 024287167
(CALIFORNIA PUBLIC WORK) Premium included in
performance bond.
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded
to McKernan, Inc. (hereinafter designated as the "Principal" or "Contractor"),
an agreement for the work described as follows: FC820251017TS & City Hall Renovation (hereinafter
referred to as the "Public Work"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and
pursuant to California Civil Code section 9550;
NOW, THEREFORE, We, McKernan, Inc. the undersigned Contractor,
as Principal; and The Ohio Casualty Insurance Company a corporation organized and existing under the
laws of the State of New Hampshire , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the City of Redlands and to any and all
persons, companies, or corporations entitled by law to file stop notices under California Civil Code
section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of
Five Hundred Eighty Three Thousand One Hundred Five Dollars ($ 583,105.00 ), such sum being not
less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said
Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, its heirs, executors,
administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in
Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for,
or about the performance of the work contracted to be done, or for any work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any
kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any
amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code section 13020
with respect to work and labor thereon of any kind, then said Surety will pay for the same, in an amount
not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will
pay such reasonable attorneys' fees as shall be fixed by the court, awarded and taxed as provided in
California Civil Code section 9550 et seq.
This bond shall inure to the benefit of any person named in Civil Code section 9100 giving such
person or his/her assigns a right of action in any suit brought upon this bond.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released
from the obligation of the bond by any change, extension of time for performance, addition, alteration or
modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any
scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor,
materials, or equipment therefor; nor by any change or modification of any terms of payment or extension
of time for payment pertaining or relating to any scheme or work of improvement herein above described;
nor by any rescission or attempted rescission of the contract, agreement or bond; nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled
to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any
person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly
City Hall Renovation Payment Bond
City of Redlands - Page 39
against the Surety and in favor of all persons for whose benefit such bond is given; and under no
circumstances shall the Surety be released from liability to those for whose benefit such bond has been
given, by reason of any breach of contract between the Obligee and the Contractor or on the part of any
obligee named in such bond; that the sole condition of recovery shall be that the claimant is a person
described in California Civil Code section 9100, and who has not been paid the full amount of his or her
claim; and that the Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety
above named, on the 22nd day of December 2025 .
PRINCIPAL/CONTRACTOR:
McKernan. Inc.
By:
1
Bryan McKernan, President
SURETY:
The Ohio Casualty Insurance Company
By: i.
Attorney -in -Fact
nel[e L. Tuominen, attorney -in -fact
City Hall Renovation Payment Bond
City of Redlands Pag e 40
IMPORTANT: THIS IS A REQUIRED FORM.
Surety companies executing bonds must possess a certificate of authority from the California Insurance
Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105,
and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety's name
must also appear on the Treasury Department's most current list (Circular 570 as amended).
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of agent or representative for
service for service of process in California)
Liberty Mutual Surety, Attention: LMS Claims Liberty Mutual Surety, Attention: LMS Claims
P.O. Box 34526, Seattle, WA 98124 790 The City Drive S Ste 200, Orange, CA 92868
Telephone: 206-473-6210
Telephone: 714-634-3311
A notary public or other office completing this certificate verifies only the identity of the individual who signed the 1
document to which this certificate is attached, and not the truthfulness, aecuracv, or validitv of that document.
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me,
SEE ATTACHED ACKNOWLEDGMENT
personally appeared , who proved on the basis of satisfactory
evidence to be the persons) 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) as the Attorney -in -Fact
of (Surety) and acknowledged to me that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
(SEAL)
Notary Public in and for said State
Commission
NOTE: A copy of the power -of -attorney to local representatives of the bonding company must be
attached hereto.
City Hall Renovation Payment Boud
City of Redlands Page 41
Liberty POWER OF ATTORNEY
MUtU® Liberty Mutual Insurance Company Certificate No: 8213355-984221
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that
Liberty Mutual Insurance Company Ise corporation duly organized under the laws of the Slate 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"), pursuanito and by authority herein set forth, does hereby name, constitute and appoint, Susan C.
Monteon; Janette L. Tuominen
all of the city of Riverside slate of CA 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 surely and as its act and deed, any and all undertakings, bonds, recognizances and other surely 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 Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 13th dayof March , 2025 .
Liberty Mutual Insurance Company
ED
P�1Y INSUA INSUgqThe Ohio Casualty Insurance Company
e o``��e�Awe c+W4Pr o0.PON,ar�ymmW.e%sstttAAm/e®rican Insurance Company
o m (// . Y�br�yy1919p�aa 1999 0�/',O �NAMPa� D�Y NOIPNG a� �H1 + *ad S'AM ,, hid By:
State of PENNSYLVANIA Nathan J. Zangerle, Assistant Secretary
County of MONTGOMERY ss
3 Ori 13th dayof March , 2025 before me personally appeared Nathan J,Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
to CompanyThe 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 Plymouth Meeting, Pennsylvania, on the day and year first above written
N 9P PAST
Q�b pp{y� F� Commonweal@ of Pennsylvania - Nolaryseal
`p F(y �° q'$ {M Teresa Mor Natal, Notary Public
N eP Montgomery County, , . - '
My commmi8sioexpires March 28, 2029 B /bGaN
@ �C Cammrsar.al. Mer112G044 Y
wv Mambec Penwvmanla raaeueuon of amaaea erase Pastella, Notary Public
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a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
S� Insurance Company, and WeslAmerican Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12, Power of Attorney
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limilation as the Chairman or the
cPresident may prescribe, shall appoint such altomeys-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 undertakings, bonds, recognizances and other surely 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 attorney -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 All - 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 altomeys-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 surely obligations, Such atomeys-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 Nathan J. Zangere, Assistant Secretary to appoint such
atomeys-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, reeognizances 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 attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full fora and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd day of December , 2025 .
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CALIFORNIA ALL-PURPOSE 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 Riverside
On December 22, 2025 before me
Date
Susan C. Monteon _ _ , Notary Public,
Insert Name of Notary exactly as it appears on the official seal
personally appeared Janelle L. Tuominen
Name(s) of Signer(s)
SUSAN C. MONTEON
COMM.#2523541 z
A9b Notary Public - California o
Riverside County
.`,Fon My Comm. Expires July 16, 2029s
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 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 A m,"', e
Place Notary Seal Above Signature of Notary Public Susan C. Monteon
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing -
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner []Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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 December 291 2025 before me, Stephanie Acosta, Notary Public
(insert name and title of the officer)
personally appeared Bryan McKernan
who proved to me on the basis of satisfactory evidence to be the perso whose namqKis/awl
subscrib the within instrument a.Dd acknowledged to me that he1Sh t - executed the same in
his/ rltf�ir authorized capacity(nd that by hisllf�ei signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ryF STEPHANIE ACOSTA
WITNESS my hand and official seal. W """" Notary Public California
San Bernardino County
commission N 2516980
My Comm. Expires May 9, 2029
Signature (Seal)
EXECUTED IN THREE ORIGINAL COUNTERPARTS
PERFORMANCE BOND Bond No. 024287167
Premium: $7,923.00
(CALIFORNIA PUBLIC WORK) premium is for the contract
term and subject to adjustment
based on final contract price.
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded
to McKernan, Inc. (hereinafter designated as the "Principal" or
"Contractor"), an agreement for the work described as follows:
FCS20251017TS & City Hall Renovation (hereinafter referred to as the "Public Work"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that
certain contract for said Public Work dated December 16, 2025 (hereinafter
referred to as the "Contract"), which Contract is incorporated herein by this reference; and
WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to
provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, McKernan, Inc. , the undersigned Contractor,
as Principal, andThe Ohio Casualty Insurance Company , a corporation organized and existing under the
laws of the State of New Hampshire , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the City of Redlands in the sum of
Five Hundred Eighty Three Thousand One Hundred Five Dollars ($ 583,105.00 ), said sum being not less than
one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract,
for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the bounded Contractor, 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 agreements in said Contract and any
alteration thereof made as therein provided, on 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 intent and meaning; and shall faithfully
fulfill guarantees of all materials and workmanship; and indemnify, defend and save harmless the
Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that it shall not be exonerated or
released from the obligation of this bond (either by total exoneration or pro tanto) by any change, extension
of time, alteration in or addition to the terms of the contract or to the work to be performed there under or
the specifications accompanying the same, nor by any change or modification to any terms of payment or
extension of time for any payment pertaining or relating to any scheme of work of improvement under the
contract. Surety also stipulates and agrees that it shall not be exonerated or released from the obligation of
this bond (either by total exoneration or pro tanto) by any overpayment or underpayment by the Obligee
that is based upon estimates approved by the Architect. The Surety stipulates and agrees that none of the
aforementioned changes, modifications, alterations, additions, extension of time or actions shall in any way
affect its obligation on this bond, and it does hereby waive notice of any such changes, modifications,
alterations, additions or extension of time to the terms of the contract, or to the work, or the specifications
as well notice of any other actions that result in the foregoing.
City Hall Renovation Performance Bond
City of Redlands Page 42
Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract,
the Surety shall promptly either remedy the default, or shall promptly take over and complete the Contract
through its agents or independent contractors, subject to acceptance and approval of such agents or
independent contractors by Obligee as hereinafter set forth, in accordance with its terms and conditions and
to pay and perform all obligations of Principal under the Contract, including, without limitation, all
obligations with respect to warranties, guarantees and the payment of Liquidated Damages; or, at Obligee's
sole discretion and election, Surety shall obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Obligee of the lowest responsible bidder, arrange
for a contract between such bidder and the Obligee and make available as Work progresses (even though
there should be a default or succession of defaults under the contract or contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the "balance of the Contract Price"
(as hereinafter defined), and to pay and perform all obligations of Principal under the Contract, including,
without limitation, all obligations with respect to warranties, guarantees and the payment of Liquidated
Damages. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount
payable to Principal by the Obligee under the Contract and any modifications thereto, less the amount
previously paid by the Obligee to the Principal, less any withholdings by the Obligee allowed under the
Contract. Obligee shall not be required or obligated to accept a tender of a completion contractor from the
Surety.
Surety expressly agrees that the Obligee may reject any agent or contractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Unless otherwise
agreed by Obligee, in its sole discretion, Surety shall not utilize Principal in completing the Contract nor
shall Surety accept a bid from Principal for completion of the work in the event of default by the Principal.
No final settlement between the Obligee and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
The Surety shall remain responsible and liable for all patent and latent defects that arise out of or
relate to the Contractor's failure and/or inability to properly complete the Public Work as required by the
Contract and the Contract Documents. The obligation of the Surety hereunder shall continue so long as
any obligation of the Contractor remains.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in
connection with enforcement of the bond, Contractor and Surety shall pay Obligee's reasonable attorneys'
fees incurred, with or without suit, in addition to the above sum.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety
shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys' fees to be fixed by
the Court.
City Hall Renovation Performance Bond
City of Redlands Page 43
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
December , 20 25 .
PRINCIPA UCONTRAC TOR:
McKernan, Inc.
By:
Bryan McKernan, President
SURETY:
The Ohio Casualty Insurance Company
ByL 1 LfJt,"7T-t4--t
Attorney -in -Fact
anelle L. Tuominen, attorney -in -fact
The rate of premium on this bond is $14.40/8,70
per thousand.
The total amount of premium charged: $ $7,923.00 (This must be filled in by
a corporate surety).
IMPORTANT: THIS IS A REQUIRED FORM.
Surety companies executing bonds must possess a certificate of authority from the California Insurance
Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105,
and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety's name
must also appear on the Treasury Department's most current list (Circular 570 as amended).
Any claims under this bond may be addressed to:
(Name and Address of Surety)
Liberty Mutual Surety, Attention: LMS Claims
(Name and Address of agent or representative for
service for service of process in California)
Liberty Mutual Surety, Attention: LMS Claims
P.O. Box 34526, Seattle, WA 98124 790 The City Drive S Ste 200, Orange, CA 92868
Tel ephone: 206-473-6210
Telephone: 714-634-3311
A notary public or other office 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.
City Hall Renovation Performance Bond
City of Redlands Page 44
STATE OF CALIFORNIA ) S5. SEE ATTACHED ACKNOWLEDGMENT
)
COUNTY OF )
On before me,
personally appeared . who proved 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) as the Attorney -in -Fact
of (Surety) and acknowledged to me that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
(SEAL)
Notary Public in and for said State
Commission
NOTE: A copy of the power -of -attorney to local representatives of the bonding company must be
attached hereto.
City Hall Renovation Performance Bond
City of Redlands Page 45
LiUei'ty POWER OF ATTORNEY
Mutual® Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
Cerlificate No: 8213365-984221
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually 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 Slate 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"), pursuantto and by authority herein set forth, does hereby name, constitute and appoint, Susan C.
Monteon; Janette L. Tuominen
au U, Lire Uty Ui nIV.. 31. stale el UN Seen IndNlnually IT mere de more man one named, Its True and Iawml atten -loud to make,
execute, seal, acknowledge and deliver, for and on its behalf as surely and as its ad and deed, any and all undertakings, bonds, recognizances and other surely 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 Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 1301 dayof March 2025 .
liberty Mutual Insurance Company
P�INsuea P�tvINSo �1Nsop4 The Ohio Casualty Insurance Company
3`°"PO�'koy�m c 3`O�O�'�O c+ p x`°"pOR4r�ymm W,e/st/t American Insurance Company
a 9s191�� iig1919��o a 1991 $ Ri!^
d) Ltd R4CNU6 ,dD O "r'HAMP55v D� Y cNalA"P D
C 8j> * *ex �y1 * Fed 5�41 • *�d By:
State of PENNSYLVANIA Nathan J. Zangerle, Assistant Secretary
m
rn County of MONTGOMERY ss
Onthis 13th dayof March 2025 before me personally appeared Nathan J.Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
m Coml The Ohio Casually 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.
m
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
PA4
Qti prvWg AF( Commonwealthei Fennsylvs,P Notary Beal
Teresantgomery County
Fubllc
Montgomery County
My CCurni55slion nIRe8M nro 1126DA2029 By. �G/kL¢¢✓
P dommisslcai. Aeea 112ab14
uyt' Member, Paanayroaala nesorlauoa or rumanae Teresa Paslella, Notary Public
NARY
d This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
N ARTICLE IV - OFFICERS: Section 12. Power of Attorney
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 -fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surely 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 attorney -in -fact under the
provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE All - 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, reoognizances and other surety obligations. Such attomeys-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 Nathan J. Zangerle, Assistant Secretary to appoint such
attorneys -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 Companys 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 farce 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 attorney of which the foregoing is a full, true and correct copy of the Power of Attorney 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 22nd day of December , 2025
b p � 4NSbgq
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2 � o o 1991 o,�t�+ s*�D�yO*�dD� '�s�,°*"*�da By. Renee C. Llewellyn, Assistant 5ecfelary
LMS-12e73 LMIC OCIC WAIC Multi Co 02P24
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CALIFORNIA ALL-PURPOSE 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 Riverside
On December 22, 2025 before me, Susan C. Monteon Notary Public,
Date Insert Name of Notary exactly as it appears on the of aal seal
personally appeared Janelle L. Tuominen
me(s) or
who proved to me an 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 helshelthey
executed the same in hislherltheir authorized capacity(ies),
and that by hislherltheir signature(s) an the instrument the
person(s), or the entity upon behalf of which the person(s)
SUSAN C. MONTEON acted, executed the instrument.
'' COMM.112523541 z
o T-° �o Notary Public - California o I certify under PENALTY OF PERJURY under the laws of
Z' . Riverside County the State of California that the foregoing paragraph is true
My Comm. Expires July 16, 2029� and correct.
Witness my hand and official seal.
Signature W� c �_ __ 0
Piace Notary Seal Above %' Signature of Notary Public Susan C. Monteon
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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 December 29, 2025
before me, Stephanie Acosta, Notary Public
(insert name and title of the officer)
personally appeared Bryan McKernan
who proved to me on the basis of satisfactory evidence to be the persopfs-�`whose namew is/,a-
subscribed to the within instrument aad acknowledged to me that he/ski y executed the same in
his/ /t eir authorized capacity(ief), and that by his/he-r—/?Ai—rsignatureof on the instrument the
person�r the entity upon behalf of which the person(il—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.
t'�� r STEPHANIE ACOSTA
WITNESS my hand and official seal. � �:. Notary Public California
W m San Bernardino County
r w Commission N 2516980
+nro •'T ,,Notary
Expires May 9, 2029
Signature (Seal)