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CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
ORANGE GROVE WATER MAIN BREAK ROAD REPAIR PROJECT
This Contract is made and entered into this day of (R by
and between the City of Arcadia, a municipal organization organized under th>e�law of the State of
California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91006
( "City") and EC Construction, a Corporation with its principal place of business at 2213 Chico
Avenue, South El Monte, CA 91733 ( "Contractor "). City and Contractor are sometimes individually
referred to as "Party" and collectively as "Parties" in this Contract.
RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose.
B. Contractor desires to perform and assume responsibility for the provision of certain
construction services required by the City on the terms and conditions set forth in this Contract.
Contractor represents that it is experienced in providing Paving Construction services to public clients,
that it and its employees or subcontractors have all necessary licenses and permits to perform the Services
in the State of California, and that is familiar with the plans of City.
C. City desires to engage Contractor to render such services for the Orange Grove Water
Main Break Road Repair Project ("Project ") as set forth in this Contract.
The City and the Contractor for the considerations stated herein agree as follows:
CONTRACT
1. Parties.
1.1 City's Representative. The City hereby designates the Assistant City Manager /
Director of Public Works Services , or his or her designee, to act as its representative for the
performance of this Contract ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders
from any person other than the City's Representative or his or here designee.
1.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing
the name, qualifications and experience of its proposed representative ( "'Contractor's Representative ")
who shall be subject to the review and approval of the City. Following approval by the City, the
Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for
all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work,
using his best skill and attention, and shall be responsible for all construction means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Work under this
Contract. Contractor's Representative shall devote full time to the Project and either he or his designee,
who shall be acceptable to the City, shall he present at the Work site at all times that any Work is in
progress and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work
which may be required. Should Conimetor desire to change its Contractor's Representative, Contractor
shall provide the information speci f icd above and obtain the City's written approval.
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2. Incorporation of Documents. This Contract includes and hereby incorporates in full by reference
the following documents, including all exhibits, drawings, specifications and documents therein, and
attachments and addenda thereto: "Greenbook Standard Specifications for Public Works
Construction ".
3. Contractor's Basic Obligation; Scone of Work. Contractor promises and agrees, at its own cost
and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately complete the Project, including all structures and
facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the
"Work "), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to,
and performed in accordance with the above referenced documents, as well as the exhibits attached hereto
and incorporated herein by reference. The plans and specifications for the Work are further described in
Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating
to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference.
4. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature
of materials or price thereof, or any other matter materially affecting the performance or nature of the
Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance
and in writing by a valid change order executed by the City.
5. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work
under this Contract within Ten Working Days, beginning the effective date of the Notice to Proceed
( "Contract Time "). Contractor shall perform its Work in strict accordance with any completion schedule,
construction schedule or project milestones developed by the City. Such schedules or milestones may be
included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to the
Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract
Time and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City
will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every
calendar day of delay beyond the Contract Time or beyond any completion schedule, construction
schedule or Project milestones established pursuant to the Contract.
6. Standard of Performance; Performance of Employees. Contractor shall perform all Work under
this Contract in a skillful and workmanlike manner, and consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the
Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are
legally required to perform the Work, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Contract. As provided for in the
indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any work necessary to correct errors or omissions which are caused
by the Contractor's failure to comply with the standard of care provided for herein. Any employee who is
determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or
any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be
promptly removed from the Project by the Contractor and shall not be re- employed on the Work.
7. Substitutions / "Or Edual_'.
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7.1 Pursuant to Public Contract Code Section 3400(b) the City may make a finding that
designates certain products, things, or services by specific brand or trade name. Unless specifically
designated in this Contract, whenever any material, process, or article is indicated or specified by grade,
patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used
for the purpose of facilitating the description of the material, process or article desired and shall be
deemed to be followed by the words "or equal."
7.2 Contractor may, unless otherwise stated, offer for substitution any material, process or
article which shall be substantially equal or better in every respect to that so indicated or specified in this
Contract. However, the City may have adopted certain uniform standards for certain materials, processes
and articles. Contractor shall submit requests, together with substantiating data, for substitution of any
"or equal" material, process or article no later than thirty -five (35) days after award of the Contract. To
facilitate the construction schedule and sequencing, some requests may need to be submitted before
thirty-five (35) days after award of Contract. If the City has specified particular deadlines prior to the
thirty -five day period after contract award, such deadlines, if any, shall be set forth in the Special
Conditions attached hereto. Provisions regarding submission of "or equal" requests shall not in any way
authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution
request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with the Contractor.
7.3 The City has the complete and sole discretion to determine if a material, process or article
is an "or equal" material, process or article that may be substituted. Data required to substantiate requests
for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the
Contractor stating that, and describing how, the substituted `or equal" material, process or article is
equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall
include any and all illustrations, specifications, and other relevant data including catalog information
which describes the requested substituted "or equal" material, process or article, and substantiates that it
is an "or equal" to the material, process or article. The substantiating data must also include information
regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or
article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in
a timely fashion will result in the rejection of the proposed substitution.
7.4 The Contractor shall bear all of the City's costs associated with the review of substitution
requests. The Contractor shall be responsible for all costs related to a substituted "or equal" material,
process or article. Contractor is directed to the Special Conditions (if any) to review any findings made
pursuant to Public Contract Code section 3400.
8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of Intent
and procure a State Water Resources Control Board (State Water Board) National Pollutant Discharge
Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity (Permit). The Contractor shall be solely responsible for
preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work.
The Contractor shall be responsible for procuring, implementing and complying with the provisions of the
Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as
required by Permit. It shall be the responsibility of the Contractor to evaluate and include in the Total
Contract Price, the cost of procuring the Permit and preparing the SWPPP as well as complying with the
SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the Total
Contract Price the cost of monitoring as required by the Permit.
9. Control and Payment of Subordinates: Contractual Relationship. City retains Contractor on an
independent contractor basis and Contractor is not an employee of City. Any additional personnel
performing the work governed by this Contract on behalf of Contractor shall at all times be under
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Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts
due such personnel in connection with their performance under this Contract and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and
workers' compensation insurance.
10. City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an
independent contractor to furnish all materials and to perform all Work according to the terms and
conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the
City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of
the services and obligations required by this Contract, the above referenced compensation in accordance
with compensation provisions set forth in the Contract.
11. Compensation and Payment.
11.1 Amount of Compensation. As consideration for performance of the Work required
herein, City agrees to pay Contractor the Total Contract Price of Twenty One Thousand Three
Hundred Ninety Seven Dollars and Fifty Cents ($21,397.50) ( "Total Contract Price ") provided that
such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written
change orders approved and signed in advance by the City.
11.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less
calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by
City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City
will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each
month, Contractor shall submit to the City an itemized application for payment in the format supplied by
the City indicating the amount of Work completed since commencement of the Work or since the last
progress payment. These applications shall be supported by evidence which is required by this Contract
and such other documentation as the City may require. The Contractor shall certify that the Work for
which payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City and in such
detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other
expenses involved in order to provide a basis for determining the amount of progress payments.
City shall review and pay all progress payment requests in accordance with the
provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments
will be made for Work not completed in accordance with this Contract.
11.3 Contract Retentions. From each approved progress estimate, ten percent (10 %) will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage
shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract
Code Section 7107.
11.4 Other Retentions. In addition to Contract retentions, the City may deduct from each
progress payment an amount necessary to protect City from loss because of (1) liquidated damages
which have accrued as of the date of the application for payment; (2) any sums expended by the City in
performing any of Contractor's obligations under the Contract which Contractor has failed to perform or
has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law;
(5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or
within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7)
unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely
basis proper and sufficient documentation as required by the Contract or by City during the prosecution of
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the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any
sums representing expenses, losses, or damages as determined by the City, incurred by the City for which
Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from
Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the
California Labor Code. The failure by the City to deduct any of these sums from a progress payment
shall not constitute a waiver of the City's right to such sums.
11.5 Substitutions for Contract Retentions. In accordance with California Public Contract
Code Section 22300, the City will permit the substitution of securities for any monies withheld by the
City to ensure performance under the Contract. At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered
bank in California as the escrow agent, and thereafter the City shall then pay such monies to the
Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be
returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code,
the term "satisfactory completion of the contract" shall mean the time the City has issued written final
acceptance of the Work and filed a Notice of Completion as required by law and provisions of this
Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld
and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall
be in the form provided by the City.
12. Title to Work. As security for partial, progress, or other payments, title to Work for which such
payments are made shall pass to the City at the time of payment. To the extent that title has not
previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the
Work at the destination and time specified in this Contract. Such transferred title shall in each case be
good, free and clear from any and all security interests, liens, or other encumbrances. Contractor
promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner
that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer
of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly
comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
13. Termination.
13.1 If Contractor fails to commence work as provided in this Contract, or fails to make
delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the work in
such manner as in the opinion of City's authorized representative will ensure a full compliance with the
Contract within the time limit, or if in the opinion of City's authorized representative, Contractor is not
carrying out the provisions of the contract in their true intent and meaning, written notice will be served
on Contractor and its Surety to provide, within a specified time to be fixed by City's authorized
representative, for satisfactory compliance with the Contract. If Contractor neglects or refuses to comply
with such notice within the time therein fixed, he /she shall not thereafter exercise any rights under said
Contract or be entitled to receive any of the benefits thereof, except as hereinafter provided, and City's
authorized representative may, with the approval of the City Council, perform any part of the work or
purchase any or all of the material included in the Contract or required for the completion thereof, or take
possession of all or any part of the machinery, tools, appliances, materials and supplies used in the work
covered by the Contract or that have been delivered by or on account of Contractor for use in connection
therewith, and the same may be used either directly by City or by other parties for it, in the completion of
the work.
13.2 City has the right to terminate or abandon any portion or all of the work under this
Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall be
immediately given title and possession to all original field notes, drawings and specifications, written
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reports and other documents produced or developed for that portion of the work completed and/or being
abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the
work completed prior to termination. If said termination occurs prior to completion of any task for the
Project for which a payment request has not been received, the charge for services performed during such
task shall be the reasonable value of such services, based on an amount mutually agreed to by City and
Contractor of the portion of such task completed but not paid prior to said termination: City shall not be
liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall
not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation
for termination of work.
13.3 Contractor may terminate its obligation to provide further services under this Contract
upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to
perform in accordance with the terms of this Contract through no fault of Contractor.
14. Completion of Work. When the Contractor determines that it has completed the Work required
herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required
by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the
City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory
or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work,
Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to
Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized
or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance
with Section 7107 of the California Public Contract Code.
15. Contract Interpretation. Should any question arise regarding the meaning or import of any of the
provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's
Representative, whose decision shall be binding upon Contractor.
16. Loss and Damage. Except as may otherwise be limited by law, the Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or
from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in
the prosecution of the Work until the same is fully completed and accepted by City.
17. Indemnification.
17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City, its respective officials, officers, agents, employees, and representatives ( "Indemnitees ")
from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including
without limitation the payment of all consequential damages and attorneys fees and other related costs
and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or
groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from
the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages
occurring during the transport of products or in rendering services under the Contract Documents, such as
automobile accidents, trip /slip and fall accidents and third party assaults) arising out of or resulting from
the performance of the Work or this Contract (including claims made by subcontractors for nonpayment),
to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone
employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost,
expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the City, its respective
officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the City and its respective
officials, officers, agents, employees, and representatives, in any such suit, action or other legal
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proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees,
and representatives for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be
those imposed by Civil Code section 2782.
17.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to
defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise
upon the making of any claim or demand against the City, its respective officials, officers, agents,
employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred,
and whether or not Contractor has been named in the claim or lawsuit.
17.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to
indemnify the City or any of the other Indemnitees, against liability for damages or any other loss,
damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons
or injury to property caused by the sole negligence or willful misconduct of the City or any of the other
Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the
Contractor has no direct contributory or incidental negligence or other obligation to the City or the other
Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall
not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until
such determination is made by legal proceedings or agreement, or if the Contractor is found to have any
degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to
any degree a proper party to said claim, then the Contractor's obligations under all of the terms and
provisions of the preceding section shall remain in full force and effect.
17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to
relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article,
pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or
agreement.
17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract,
Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold
harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or
constitutional immunity it enjoys from suits by its own employees or from limitations of liability or
recovery under workers' compensation laws.
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18. Insurance.
18.1 Time for Compliance. Contractor shall not commence Work under this Contract until it
has provided evidence satisfactory to the City that it has secured all insurance required under this section.
In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it
has provided evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section.
18.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the
duration of the Contract insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the Work hereunder by the Contractor, its
agents, representatives, employees or subcontractors. Contractor shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the Contract. Such
insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest
version of the following: (1) General Liability: Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto
Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's
Liability: Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance; and (4) Builders' /All Risk: Builders' /All Risk insurance covering for all risks of loss,
including explosion, collapse, underground excavation and removal of lateral support (and including
earthquakes and floods if requested by the City).
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1)
General Liability. $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used including,
but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this
Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers'
Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of
the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease; and (4) Builders' /All Risk: Completed value of the project.
18.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or
Contractor shall provide endorsements on forms supplied or approved by the City to add the following
provisions to the insurance policies:
(a) General Liability. (1) The City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the Work or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects the
City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or
self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers
shall be excess of the Contractor's insurance and shall not be called upon to contribute with it.
(b) Automobile Liability. (1) The City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or
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for which the Contractor is responsible; and (2) the insurance coverage shall be primary, insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or.if excess, shall,
stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any
insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and
volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it
in any way.
(c) Workers' Compensation and Employer's Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the City, its directors, officials, officers, employees,
agents and volunteers for losses paid under the terms of the insurance policy which arise from work
performed by the Contractor.
(d) All Coverages. Each insurance policy required by this Contract shall be
endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given to the City; and
(2) any failure to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees,
agents and volunteers.
18.4 Builders' /All Risk Policy Requirements. The builders' /all risk insurance shall provide
that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against
the City.
18.5 Separation of Insureds: No Special Limitations. All insurance required by this Section
shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any
special limitations on the scope of protection afforded to the City, its directors, officials, officers,
employees, agents and volunteers.
18.6 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions
must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the
City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure
a bond guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
18.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
18.8 Verification of Coverage. Contractor shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the
City. The certificates and endorsements for each insurance policy shall be signed by a person authorized
by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All
certificates and endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
18.9 Subcontractors. All subcontractors shall meet the requirements of this Section before
commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
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18.10 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's
insurer, any and all insurance claims submitted by Contractor in connection with the Work under this
Contract.
19. Bond Reauirements
19.1 Payment Bond. If required by law because the Total Contract Price exceeds $25,000 or
otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in
an amount required by the City and in a form provided or approved by the City. If such bond is required,
no payment will be made to Contractor until the bond has been received and approved by the City.
19.2 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and
incorporated herein by reference, Contractor shall execute and provide to City concurrently with this
Contract a Performance Bond in an amount required by the City and in a form provided or approved by
the City. If such bond is required, no payment will be made to Contractor until the bond has been
received and approved by the City.
19.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any
surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10
days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any
required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall
post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No
further payments shall be deemed due or will be made under this Contract until any replacement bonds
required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is
increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the
amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If the Contractor fails to furnish any required bond, the City may terminate the
Contract for cause.
19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in
California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is
provided to the City.
20. Safety. Contractor shall execute and maintain its work so as to avoid injury'" or damage to any
person or property. Contractor shall comply with the requirements of the specifications relating to safety
measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the
Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to, adequate life protection and life saving equipment; adequate
illumination for underground and night operations; instructions in accident prevention for all employees,
such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for
the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently
display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the
Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the
Project site.
Rev. 3/08 10
21. Warran . Contractor warrants all Work under the Contract (which.for purposes of this Section
shall be deemed to include unauthorized work which has not been removed and any non - conforming
materials incorporated into the Work) to be of good quality and free from any defective or faulty material
and workmanship. Contractor agrees that for a period of one year (or the period of time specified
elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of
equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance,
Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work
or non - conformance of the Work to the Contract, commence and prosecute with due diligence all Work
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as
requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and
expense, repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective Work. For
any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for
an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including,
without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All
costs associated with such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the
Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to
any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations
under this Section, or under any other warranty or guaranty under this Contract, to the reasonable
satisfaction of the City, the City shall have the right to correct and replace any defective or
non - conforming Work and any work damaged by such work or the replacement or correction thereof at
Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses
incurred hereunder upon demand.
22. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all
local, state and federal laws, rules and regulations in any manner affecting the performance of the
Contract or the Work, including all Cal /OSHA requirements, and shall give all notices required by law.
Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the
Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it
shall promptly notify the City in writing. Any necessary changes shall be made by written change order.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, the Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain provisions of the Health &
Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this
Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
23. Permits and Licenses. Contractor shall be responsible for securing City permits and licenses
necessary to perform the Work described herein, including, but not limited to, a City Business License.
While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's applicable
business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1
and 1777.7 may not perform work on this Project.
Rev. 3/08 11
24. Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this
Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall
comply with all applicable provisions of the California Labor Code, including Section 6705. To this end,
Contractor shall submit for City's review and approval a detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground
during the excavation of such trench or trenches. If such plan varies from the shoring system standards,
the plan shall be prepared by a registered civil or structural engineer.
25. Hazardous Materials and Differing Conditions. As required by California Public Contract Code
Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four
(4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify
City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is
required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical
conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an
unusual nature at the site, significantly different from those ordinarily encountered in such contract work.
Upon notification, City shall promptly investigate the conditions to determine whether a change order is
appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion
date and shall proceed with all Work to be performed under the Contract, but shall retain all rights
provided by the Contract or by law for making protests and resolving the dispute.
26. Underground Utility Facilities. To the extent required by Section 4215 of the California
Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage
to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2)
removing or relocating underground utility facilities not indicated in the construction drawings; and (3)
equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for
delay caused by failure of City to provide for removal or relocation of such utility facilities.
27. Labor Code Provisions.
27.1 Prevailing Wages. Prevailing Wage Rates Not Applicable. Funding for the Work is
with all local funds and, as provided under the Owner's Charter, will NOT require compliance with
the prevailing wage requirements of the State of California.
27.2 Apprenticeable Crafts. if the Total Contract Price exceeds $35,000 and if Contractor
employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of
Section 1777.5 of the California Labor Code with respect to the employment of properly registered
apprentices upon public works. The primary responsibility for compliance with 'said section for all
apprenticeable occupations shall be with Contractor.
27.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's
work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of
$25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any
one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is
made at not less than one and one -half (1 -1/2) times the basic rate for that worker.
27.4 Poll Records. Contractor and each subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with the public work. The payroll
records shall be certified and shall be available for inspection at all reasonable hours at the principal
office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance
with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to
Rev. 3/08 12
receipt of written notice specifying in what respects such Cc
Should noncompliance still be evident after such 10 -day period,
forfeit not more than $50.00 for each calendar day or porti
compliance is effectuated. The amount of the forfeiture is to be
Upon the request of the Division of Apprenticeship Standai
actor must comply with this section.
c Contractor shall, as a penalty to City,,
thereof, for each worker, until strict
;termined by the Labor Commissioner.
or the Division of Labor Standards
Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for
compliance with this section is on the Contractor.
27.5 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he
is aware of the provisions of Section 3700 of the California Labor Code which require every employer to
be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with
the provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Work.
28. Labor and Material Releases. Contractor shall furnish City with labor and material releases from
all subcontractors performing work on, or furnishing materials for, the work governed by this Contract
prior to final payment by City.
29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer
and that it shall not discriminate against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Anti -Trust Claims. This provision shall be operative if t
Public Contract Code Section 7103.5. In entering into this I
materials, the Contractor hereby offers and agrees to assign to the
to all causes of action it may have under Section 4 of the Clayton
Cartwright Act (Chapter 2, commencing with Section 16700, of I
Professions Code) arising from purchases of goods, services, or n
assignment shall be made and become effective at the time
Contractor, without further acknowledgment by the Parties.
31. Claims of $375,000 or Less. Notwithstanding any other
less shall be resolved pursuant to the alternative dispute resol
Public Contract Code §§ 20104, et seg.
Contract is applicable to California
tract to supply goods, services or
y all rights, title, and interest in and
(15 U.S.C. Section 15) or under the
2 of Division 7 of the Business and
rials pursuant to the Contract. This
City tender final payment to the
sion herein, claims of $375,000 or
procedures set forth in California
32. Claims. Pursuant to Public Contract Code Section 92011, the City shall provide the Contractor
with timely notification of the receipt of any third -party claim, relating to the Contract. The City is
entitled to recover its reasonable costs incurred in providing such notification.
33. Prohibited Interests.
33.1 Solicitation. Contractor maintains and warrant.
company or person, other than a bona fide employee working
this Contract. Further, Contractor warrants that it has not paid
person, other than a bona fide employee working solely for Cot
brokerage fee, gift or other consideration contingent upon or re
Contract. For breach or violation of this warranty, City shall
without liability.
Rev. 3/08 13
it has not employed nor retained any
y for Contractor, to solicit or secure
has it agreed to pay any company or
:or, any fee, commission, percentage,
ng from the award or making of this
the right to tenninate this Contract
33.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Contract, or
obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file,
or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing
Officer as required under state law in the performance of the Work.
34. Certification of License. Contractor certifies that as of the date of execution of this Contract,
Contractor has a current contractor's license of the classification indicated below under Contractor's
signature.
35. General Provisions.
35.1 Notices. All notices hereunder and communications regarding interpretation of the terms
of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail,
return receipt requested, postage prepaid and addressed as follows:
City
City of Arcadia
P.O. Box 60021
Arcadia, CA 91066
Arm: Mark Rynkiewicz
Contractor
EC Construction Company
2213 Chico Avenue
El Monte, CA 91733
Attn: Dave Wilhite
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S.
Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
35.2 Time of Essence. Time is of the essence in the performance of this Contract.
35.3 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law,
assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein
without the prior written consent of City. If Contractor attempts an assignment or transfer of this
Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the
Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or
transferee.
35.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall
take any additional acts or sign any additional documents as may be necessary, appropriate or convenient
to attain the purposes of this Agreement.
35.5 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
35.6 Construction; References; Captions. Since the Parties or their agents have participated
fully in the preparation of this Agreement, the language of this Agreement shall be construed simply,
according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or
period for performance shall be deemed calendar days and not work days. All references to Contractor
include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified
in this Agreement. All references to City include its elected officials, officers, employees, agents, and
volunteers except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe
the scope, content or intent of this Agreement.
Rev. 3/08 14
35.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily
given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or
otherwise.
35.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
35.9 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect.
35.10 Governing Law, This Contract shall be governed by California law. Venue shall be in
Los Angeles County.
35.11 Counterparts. This Contract may be executed in counterparts, each of which shall
constitute an original.
35.12 Successors. The Parties do for themselves, their heirs, executors, administrators,
successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
35.13 Attorneys' Fees. If either Party commences an action against the other Party, either legal,
administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such
action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other
costs of such action.
35.14 Authority to Enter Contract. Each Party warrants that the individuals who have signed
this Contract have the legal power, right and authority to make this Contract and bind each respective
Party.
35.15 Entire Contract: Modification. This Contract contains the entire agreement of the Parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Contract may only be modified by a writing signed by both Parties.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the days
and year first above written.
CITY OF ARCADIA EC Construction Company
By: �tn+s -IL J7tixi+7a B y
Donald Penman •�,®. ✓Y
Kenneth D Walters
City Manager President
Attest:
c l
City Ulerk
APPROVED AS TO FORM: A
Classification of Contractor's License
;&A 0, lo-u;
Stephen P. Deitsch
City Attorney
Rev. 3/08 15
EXHIBIT "A"
PLANS AND SPECIFICATIONS
Scope and breakdown of work:
Item
Description
Quanti
Unit
1
Initial Mobilization
1
LS
2
Traffic Control
1
LS
3
Sawcut, Remove, and Dispose
of AC Pavement and Concrete
1
LS
4
Grade Trim and Compact Subgrade
3750
SF
5
Asphalt Concrete Pavement
3750
SF
6
Adjust MH to grade
1
EA
7
Traffic Stripe
1
EA
Plans as attached.
Rev. 3/08 16
ti
C-1
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ui
Ln
f-rj
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113.3
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17
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-> N
= 37Z70 t,,F
EXHIBIT `B"
SPECIAL CONDITIONS
Work located on Orange Grove Avenue at Highland Avenue.
Attached is a sketch of the Limits of work.
Remove and dispose of paving and excess materials.
Base is to be graded and compacted to 95%
5" asphalt concrete Paving section (3/4 base and 1/2" cap) paved with a paving
machine.
All work to be done in accordance with the Greenbook Specifications.
Traffic Control in accordance with WATCH manual. Road closure permitted with proper
detour during the work for a maximum duration of 4 consecutive days and three nights
and open with proper traffic control during other times.
The bid item or Yellow Stripe will be removed in its entirety.
Cnordiwile with County Sanitation District on manhole adjustment.
Kcv.3 /08
u�
18
12/30/2006 09:31 6264443077 PAGE 04/06
12/30/2098 ee:95
PUBLIC WOHCS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
PACE 09
Bond No. 105099356
Premium: $ 224.00
THAT WHMEAS, the City of Arcadia ( hercinafter referred m 93 "City'°) has awarded to
E.C. Construction Co. (hereinafter faftared to as the "CoattaacUu") sm agreement far
Orange Grove Ave. Water main ( lmreinafxrrefcr sdtoastbe "Proect").
Break
VaMRBAS, the work to be performed by the Contractor is more partioularly set forth in the Contract
Documents for the Project dated (hereinafter referred to as "Contract Documents'%
the terms and conditions of which are expressly incorporated herein by reference, and
WHEILEAS, the Contractor is required by said Contract Documents to perform the terms thereof and to
furnish a bond for the faithful perfomtame of said Cont a& Documents.
NOW. THEREFORE, we, E.C. Construction Cothe Undersigned Contractor and
* as Surety, a corporation mpmizcd and duly
authorized to transact business under the laws of the State of California, are held and fsrmiy bound unto
the City in the sum of * DOLLARS) (S 21,397. 50 } said sum bung
not less then one hundred percent (1061A) of the total amount of the Contract, for whicb atr ouat well and
truly to be made, we bind ourselves, our hclrs, executors and adminisaators, successors and assigns,
jointly and severally, firmly by these presents
THE CONDITION OF TIi[S 013LIGA77ON TS SUCFI, &ak if the Coefraetor, his ar its hairs, executors,
administmors, 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 the Contract Doctnttents end any alteration thereof
made as therein provided, on its part, to be kept and performed at the time and in the moaner therein
specified, and in all respects according to their content and meaning; and sball faithfully fu1fi11 all
obligations including the one -year guarantee of all maternal, and worm ship: Sod shall indemnify and
save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this
obligation shall become null and void; otherwise tt shall be and retrain in full forts: and effect
As a part of the obligation secured hereby and in addition to the faro mount specified therefore, there
shall he included costs and reasonable expenses and foes including reasonable attorney's fees, ineurrad by
City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise
provided for in the Contract Documents, the above obligation shill hold good for a period of one (1) year
after the acceptance of the work by City, during wbicb time if Contractor shall fail to melee full, complete,
and satisfactory repair and rolicernents and totally protect the City ftom loss or damage resulting from or
caused by defective materials or faulty workm wahip. The obligations of Surety hereunder shall continue
so long as any obligation of Contractor rear ins. Nothing herein shall limit the City's rights or the
Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civfi Procedure section 337.15.
SVlrermer Contractor shall be, and is declared by the City to be, in default under the Contract Documents,
the Surety shall remiady the default pursuant to the Contract Documents, or shall VmW%iy, at the City's
option:
(1) Take over and complete the Project in accordance with all txrma and conditions in the
Contract Documents; or
20
* Travelers Casualty and Surety Company of America
** Twenty One Thousand Three Hundred Ninety Seven and 50 /100
1213012000 05:31 6264443077 PACE 05/06
12/30/2008 06:55
PUBLIC WORKS
PAGE 10
(2) Obtain a bid or bids for complettng the PTOject is accordance with all team and
conditions in the Contract Documents and upon determination by Surety of the lowest
responsive and responsible bidder, arrange for a Contract between such bidder, the Surety
and the City, and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, inc)uding other costs and
damages for which Surety may be liable. The term "balance of the contract price" as
used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modificauon thereto, less any amount previously paid by the
City to the Ctmiractor and any other set offs pursuant to the Contract Documems.
(3) Permit the CiV to complete the Project in any manner consistent with Califomia law and
ntalte available as work progresses sufficient fiords to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and damages for
which Surety may be liable The term "balance of the contract price" as used it this
paragraph shall mean the total amount payable to Contractor by the City mtder the
Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and arty other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject airy oontraeror or subconaaetor which may be proposed
by Surety in fuifillmeit of its obligations in the event of default by the Contractor.
Surety shall not utilize Cantraahir in convicting the Project nor shall Surety accept a bid from Contractor
for completion of the Project if the CSry, when declaring the Contractor in default, notifies Surety of the
City's objection to Contractor's further participation to the completion of the Project.
The Surety_ fur value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Cotmaet Docuttrents or to the Project to be pediorrned thereunder shall in
any way aii'eot its obligations on this board, and it does hereby waive notice of any such ebmtge, cumsioo
of time, alteration or addition to the terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 31st day
December 12008,
E. C. Construction Co.
CONTRACT9RIMKIPAL
V4 1111/1
Name
21
Of
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of Los Angeles 11
On 1 -5 -09 before me, Susan Catone, Notary Public
Dale Here Insert Name and Title of the 011icer
personally appeared Kenneth D. Walters
AKAAAAAAAAAAA-
SUSAN CATONE
COMM.s1822882
Los Angil Cuff m Eq*es Dili t� 2ou
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(IIA whose name(g) isEare subscribed to the
within instrument and acknowledged to me that
he /sl og executed the same in his/taer44@k authorized
capacity(*s), and that by his /heFAheir signature(&) on the
instrument the person(s),, or the entity upon behalf of
which the person(sr) 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 h d and official seal.
Signature �Gt" Cl "
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _PGV-T IV1'V% L1C e_ 10 a4TCd'd't A,
Document Date: 12--3(-0
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
❑ Individual Q
F/Corporate Officer— Title(s): fee
❑ Partner — CI Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
Cl Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Association • 9250 De Soto Ave., P.O Box 2402 • Chatsworth, CA 913132402• nww.NationalNoiaryong Item *5907 Reorder: Call Toll-Free 1-811114]8682]
11(:id /'2bbtl 119::11
12/30/2008 08:55
b2b44430((
WV.WUK =11A4-
PAGE 06/06
PAGE 11
SURETY- Tr elers Casu ty and Surety Company
Amer
By: a -
AiftorAy Gar - Merrill` _
The rate of premium on this bond is $10.45 per thousand. The total avvtott o£pxemium ct aege9;
$ 224.00
he above most be filled to by corporate attorney.)
WIM"alej J +' ► • v
Any claims vnder this bond may be addressed to:
(Name and AddressoYSutcty) Travelers Casualty & Surety Company of America
21688 Gateway Center Drive
Diamond Bar, California 91765
(Name and Addr"s of Agtnt oT Supple - Merrill & Driscoll, Inc.
Representative for service of
preeessinCalifmmia,ifdifferent 550 E1 Dorado St., Pasadena, CA 91101
from above)
Surety: (909) 612 -3654
(Telephone mrmberof Surety and Agent : - (626) 795 -9921
Agent or Representative for service
of process in California
State of Californ$a
) 35.
Countyef Los Angeles )
Priya Neilly, Notary Public
On 12/31/08 before me, (here iaacrt name and title of the notary), penonelly
appeared Gary B. Merrill
personally known to me (or proved
to arts on the basis of satisfactory evidence) to be the persoa(s) whose nptne(s) is/am subsoribed to the
within inseument and ackwowlcdged to we that he/shehhey executed the same in his/herAheir authorized
capecity(ies), and that by his/her /their eignatea*a) on the instrument the oersoa(s), or the ca City upon
behalf of which the n a ed,.executed the instnmrctrt,
N'IL.Y
?�'� -• COMM #1767484 =
w17NE53 It o vial g e •` ;',i !lo;ary , uhlic - California o
Los Angeles County
Signature - (Syl) .. -'�M Co mm,Expires Sep. 13, 2011
NOTE: A c ower� pttomeg- to _lesal_teptcsesuafires of the bonding a
attacbed hereto. 8 otnp5t be
22
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of Los Angeles 11
On December 31, 2008 before me, Priya Neilly, Notary Public
Date Here Insert Name and Title of the officer
personally appeared Gary B. Merrill
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he /she /they executed the same in his/her/their authorized
capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
PRIMA NEILLY I certify under PENALTY OF PERJURY under the laws
' COMM. #1767484 z of the State of Californ' t the foregoing paragraph is
NotaryPu,;c - California o true and correct.
°W^ -:D'I Los Angeles County
...�My Comm. Ex ire, Sep. 13, 2011 -
WITNESS m ha nd official seal. i
Place Note Seal Above Signature c/
�' Sig lure oI Notary Public
OPTIONAL
Though the information below is not required by law, if may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to a lher 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
Ex Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHr THUMBPRINT
OF SIGNER
in
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
01
®2007 Natbnal Notary Aawdatbn • g350 De Soto Ave., P.O. ew 2402 •Chet M, CA 91313 24CQ, w NabmalNO ry.org Item N590T Reorder:Cell Tdl -Free t-B 76 -6827
POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Anornev -In Fact No. 217012 Certificate No. 0 0 2 6 7 .l_ 7 2 5
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is it corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the Slate of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that
the Companies do hereby make. constitute and appoint
Gary B. Merrill, and James F. Huff
of the City of Pasadena , State of Eali €ernia their true and lawful Atu rney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any, and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof un behalf of the Companies in their, business of,guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pengittet6in any° cottons or prgeeedings allowed by law.
IN WITNESS WHEREOF. the Companies have caused This matrµme%nt.lo be signed and thel7 corporate seals to be hereto affixed, this 22nd
day of October 2008iyn
Farmington Casually. Cou ;14 IS t�
v w � ^c'` SL Paul Guardian Insurance Company
Fidelity and GuarantylInsuramel'Gampany;$ SL Paul Mercury Insurance Company
Fidelity and Guaranty Ins urapce Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casually and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
�d°0'WII�i
xrIn8W$I w q �9g 2 ^ w °sa o p(oxS�.'4B v . 0.isrL rL ria � t o A 7 r��arfoaS�",BrixaEn�aaL grc : :n z� ° '`aawµ ut prrorHn'o
p �
US d
State of Connecticut
City of Hanford .ss.
By:
Georg V Thmnpson. eniar 'ice President
On this the 22nd day 'of October 2008 . before me personally appear ed Georg W. e Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surely Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers
Casualty and Suety Company, Travelers Casualty and Surely Company of America, and United Slates Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p,TET
In Witness Whereof, 1 hereunto set my hand and official seal. T*AR
My Commission expires the 30th day of June, 201 t. } p��`p }
58440 -5 -07 Printed in U.S.A.
Mari, C. Icueault. Notary Pahlic
12/30/2008 09:31
12/30/2008 08:55
6264443077
PUBLIC WORKS
M-77-5-17-1061N
rAYMENT BOND
KNOW ALL MEN i3y7ilESls PRESENTS That
Bond No. 105099356
PAGE 02/0b
PAGE 67
Premium Included in the Performance
WIIEREAS, the City of Arcadia. (hertinafter designated as the "City'), by action taken or a
resolution passed 26_ bas awarded to * hereinafter
designated as the "Principal," a contract for the work described as follows:
Oranee Grove Avenue Water Main Break
WHEREAS, said Principal is required to furnish a bond in cormcctiort with said contract;
providing that if said Principal or any of its Subcontractors $ball fail to pay for any Materials.
provisions. provender. equipment, Or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, of feu
amounts due tinder the Unemployment Insis artce Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
`Travelers Casualty & turety
NOW'gMREFORF., wt, the principal and Company of America as Surety, are held
and firmly bound unto the City in the penal sum Of Dollars ($21,397. 50)
lawful money of the United States of America, for the payMctd of which sum well and truly to be
made, we bind orrselvea, our heirs, executors, administrators, succe9sms and assigns, jointly and
severally, firmly by these presents.
1RG CONDf17t7N OF THIS OBLTGATION IS SUCH that if said Principal, his or its
subcontractors, beirs, executors. administrators, successors or assigns, shall fail to pay any of the
persons named in Section 3151 of the Civil Code, 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 amounts due under the Unemploytticnt Insurance
Code with respect to work or labor pezfotmed under the contract, or for any amounts required to
be deducted. withhold and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Coda with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not ettaceding the stun herein above specified, and
also. in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of ft persons named in Section 3181 of the Civil Code
so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
it is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extetsion of time for performance, addition.
alteration or modification in, to, or of any contract, Platt", specifications, or 29COm01 pertaining
or relating to any scheme or work of improvement herein above described. or pertaining or
relating to the futnishing of labor, materials, or equipment therefore. nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of irnprovement herein above described, nor by any rescission or
attempted 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
18
^E. C. Construction Co.
A* Twenty One Thousand Three Hundred Ninety Seven and 50 /100
1'21'30 /'0008
09:31
6264443077
PAGE 03/06
12/30/2008
08:55
1 PUBLIC WORKS
PACE' 08
claimants otherwise entitled to recover under any such contract or agreement or under the bond,
nor by any Baud practiced by any pas= other than the claimant eceldug to recover an the bond
and that this bond be construed snort strongly against the Surety and in favor of all persons for
whose benefit such bond is given. and under no ciTc=stauces shall Surety be released from
ltabrl.ity to those for whose benefit such bond has been given, by reason of any breach of contract
between the comer or City and original contractor or on the pelt of any obligee no red in Such
bond, but the sole conditions of recovery shall be that claimant is a parson described in Section
3110 of 3112 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, additior}, alteration or
modification herein nnentioned.
J.ri T WITNESS V4MREOF. two (2) identical countepatts of this iasmu=t. each of which shall
for all purposes be deemed unoriginal tbernof, have been duly executed by the Principal and
Surety above named, on the 31st day of December 20 08 the pattrt; and
corporate seal of each corporate party being hereto affixed and these presents duty signed b its
-. undersigned representative pursuant to atnt+ority of its governing body.
h
(Corp crate Seal ofPrincipal, E. C. Construction Co.
' if co`zporatian) Principal (Property Nam of Contactor)
(Signattee of Contractor)
(Seal of Surety)
(Attached Attamey -In -Fact
Certificate - and
Aclttrowledgeroents)
Travelers Ago lty &Surat C . of America
ay
ttomey in Fact
Gary B. Merrill
Required
I. 'Note: Appropriate Notarial ,A.eknowledgtttcnts of Execution by Contractor and surety
and a power of Attorney MM BE ATTACIi M-
19 .
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of Los Angeles J}
On 1 -5 -09 before me, Susan Catone, Notary Public
Data Here Insert Name and Title of the Officer
personally appeared Kenneth D. Walters
�, SUSAN CATONE
COMM. 81822882
Notary PUbnc.Caafomta
Los Angeles County
Comm. Empires Dec 13, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persan(lit) whose name(g) isdare 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 Wd and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: T
Document Date: 12 - 5 1 -ok
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
E$XT- 608-ja _ NO ay Cll�0,
Ili Corporate Officer—Title(s): Q2EC1pF/4T
1 -1 Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIOHTTHUMePRINT
OF SIGNER'
0
Number of Pages: Z
Signer's Name:
IJ Individual
1_I Corporate Officer — Title(s):
LI Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee op of thumb here
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02007 National Notary Aesocialion• 93511 De Soto Ave., P.O. Box 2402•Chatewarlh,CA 91313- 2402 -w NationalNotary.org Ilemk5907 Reorder: Call Tall -Free 1bi) }B]6 -6821
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of Los Angeles Ji
On December 31, 2008 before me, Priya Neilly, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Gary B. Merrill
Name(s) of Sgnere)
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.
PHIYA NEILLY
CoMt�. 11 /eTaea
I certify under PENALTY OF PERJURY under the laws
S, z
o!��'�ti' NotaryPublic- California �
z " J Los Angeles County °
of the State of California that the foregoing paragraph is
true and correct.
• M -Comm. Expires Sep. 13, 2011
WITNESS han n official seal
Signature
Plaea Notary Seal Ab ove
ignature of Notary Pudic
OPTIONAL
Though the information below is not required
by law, it may prove valuable to perAns relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) O1herThan Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
E-X Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0
Number of Pages:
Signer's Nar
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT TMUMBPF
OF SIGNER
0
02009 National Notary Association -9350 De Soto Aw..P.O.Bm 2402- Chabworlh,CA 913132409- xare.Netlonel ctary.org ffem #5909 Reonlec Call TNI -Freel -BOOB] &882]
IS INVALID WITHOUT THE RED BORDER
AW POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company 'travelers Casually and Surety Company of America
St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company
Attorney -]n Fact No. 217012 Certificate No. o 0 2 U 7 1 ! 2 6
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SL Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casually and Surety Company of America are
corporations duly organized under the laws of the Slate of Connecticut, that United Slates Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the Stale of Wisconsin (herein collectively called the' Companies "), and that
the Companies do hereby make, constitute and appoint
Gary B. Merrill, and James F. Huff
of the City of Pasadena . State of Cnlifnrn's their true and lawful Attorney(s) -in -Fact.
each in their separate capacity if more than one is named above, to sign. execute, sell] and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of.- uaranteeing the fidelity of persons, guaranteeing the performance of
e+
contracts and executing or guaranteeing bonds and undertakings required o�� jtted'i am"tcyons or iticcedings allowed b , law.
( ' A"�s! 22nd
IN V17TNF.SS WHEREOF, the Companies have caused This mUrWaedbto be stgne and Ihel 'carp, rate seals to be hereto affixed, this
day o[ October 2008¢- g1, a�
Farmin ton Casualty out
g .oP y '4 F ° SL Paul Guardian Insurance Company
Fidelity and Guaranty * In ctf ompany,- St. Paul Mercury Insurance Company
Fidelity and Guaranty ins u�r 8nce Underwr i rs, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
' yG�p9r6uMVya,, Y` g
i Y iqq °'1"a9c 6 1Y a ° o i prt4 ar�19P51 SMEr �P.ctwygw 9L % 19 $ yaS a y ama rxn� x
BEL `Sttm
State of Connecticut
City of Hartford ss.
By.: tJ
Georg V Thompson error 'ice President
On this the 22nd day of October 2008 ' he] ore me personally appeared George W. Thompson. who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporaions be himself as a duly authorized officer.
p,T!►
In Witness Whereof, I hereunto set my hand and nffiuial seal. TAq
My Commission expires the 30th day of June, 201 I. * AUBU�s
58440 -5 -07 Printed in U.S.A.
Marie C. relreault, unary Public