HomeMy WebLinkAboutAGMT - Flatiron Electric Group (Main Street Lighting, CIP No. ST1203)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
II[II1III III !II IIII1[I !III IIIIIIIIIIIIII IIIIVIIIIIII III NO FEE
*$ 8 0 0 0 7 1 0 5 7 2 6$*
2014000497580 8:15 am 11119/14
93 404 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
�jli
Space of above this line for Recorder's use.
No Recording Fee Pursuant to Government Code Section 6103, 27383 * "' �e
NOTICE OF COMPLETION 0
Notice pursuant to Civil Code Section 3093, must be fled within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
May 23, 2014. The work was Main Street Lighting Project. No. ST1203.
6. The name of the contractor(s), if any, for such improvement was: Flatiron Electrical Group,
Inc. The date of the Contract Award was March 11, 2013.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Main Street from PCH to
Ocean, City of Seal Beach.
Date:
Signature of owner or corporate off Yr of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion, have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on It 1 I , 2014, at Se l each, California.
(Date o Signature) _
Director of Publ
PUBLIC WORKS AGREEMENT
FOR MAIN STREET LIGHTING PROJECT
CIP NO. ST1203
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
R.
Flatiron Electric Group, Inc.
7911 -A Pine Avenue
Chino, CA 91708
Telephone (714) 228 -9631
THIS AGREEMENT is made as of March 11. 2013, by and between the City of Seal
Beach, a California charter city ( "City'), and Flatiron Electric Group, Inc., a General
Contractor ( "Contractor ").
1 of 9
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the Main Street Lighting Project ST1203 ( "Project ") with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
February 28, 2013 in the amount of454,983.00 ( "Accepted Proposal" hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1. Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ( "Work ") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
2 of 9
1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of March 11, 2013 (the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $454,983.00, subject to any additions and deletions pursuant to the terms of
the Contract Documents. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools
and services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents. The City Manger may authorize extra
work to fund unforeseen conditions up to the amount approved at the time of award by
the City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids /Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
3 of 9
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims "), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
4 of 9
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement -
Commercial General Liability.
Automobile Liability.
6.1.2 Exhibit D -2: Additional Insured Endorsement -
6.1.3 Exhibit D -3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B).
5 of 9
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and In
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self- Insured Retentions. Contractor shall inform
City of any deductibles or self- insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self- insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6 of 9
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $750.00 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof, and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement_
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
7 of 9
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: Flatiron Electric Group, Inc.
7911- A Pine Avenue
Chino, CA 91708
Telephone (714) 228 -9631
Attn: Richard Tesoriero
10. Non - Assignability Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
:.
14. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
15. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: a, a - - 5vnm
Jil . Ingram, City an ger
Attest:
By:
Li da Devi4, City Clerk
Name:
Richard Tesoriero
Title: Vice President
Name:
Approved as to Form:
Title:
By: �
uinAMB rr ow, City Attorney
• . �'7
• •
Executed in Triplicate
Bond No. 015039842
Premium Amount Included in the Performance Bond
Document A312 TM —2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR:
(Name, legal stants and address)
Flatiron Electric Group, Inc.
7911 -A Pine Avenue
Chino, CA 91708
OWNER:
(Xame, legal stains and address)
City of Seal Beach
211- 8th Street
Seal Beach, CA 90740
CONSTRUCTION CONTRACT
Date: March 11, 2013
SURETY:
(Name, legal stants and principal place of business)
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
Mailing Address for Notices
Attention: Surety Claims Department
Interchange Corporate Center
,450 Plymouth Rd., Suite 400
Plymouth Meeting, PA 1 9462 -1 644
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Amount: $454, 983.00 Four hundred Fifty Four Thousand Nine Hundred Eighty Three Dollars and 00 /100
Description: Main Street Lighting Project; CIP No. ST1203
(Name and location) Flatiron Project # 5332
BOND
Date: March 11, 2013
(Not earlier than Construction Contract Date)
Amount: S 454,983.00 Four Hundred Fifty Four Thousand Nine I Iundred Eighty Three Dollars and 00 /100
Modifications to this Bond: X) None ❑ See Section lS
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Flatiron Electric tod� Inc. Liberty Mutual Insurance Company
(� _
Signature: Signature4Attorne Name Richard Tesoriero Name accini
and Title: Vice President and Title: act
Surety Phone No. (212) 719 -7750
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFOPWATION ONLY — Arsine, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Turner Surety and Insurance Brokerage, Inc. (Architect, Engineer orotherparty.)
300 Tice Boulevard, Suite 250N
Woodcliff Lake, NJ 07677
'(201) 644 -2516
S- 21491AS 8110
• •
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,
subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the
Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.
§ 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or
The Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the
Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surely shall promptly and at the Surety's expense defend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have famished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or
performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 6.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in
Section 13).
§ 6 If a notice of non - payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation
to famish a written notice of non - payment under Section 5.1.1.
§ 7 When a Claimanthas satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's
expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Omer, within sixty (60) days after receipt of the Claim, stating the mounts that are
undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a wmiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 6, The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§ 9 Amounts owed by the Omer to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. .
S- 21491AS 8110
• •
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that we unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no ,
obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the stale in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the previsions of this Paragraph arc void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the
performance of the Construction Contract,
A a brief description of the labor, materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent
of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline,
telephone sery ice or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furn ished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S- 2149/AS 8110
•
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contractor to perform and complete or comply with the other material terms of the Construction Contmct.
§ 16.8 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided helow for additional signatures ofadded parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
SURETY
Company: (Corporate Seal)
Company: (Corporate Seal)
Signature:
Signature:
Name and Title:
Name and Title:
Address
Address
S- 21491AS silo
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On March 13, 2013 before me, Shawn R. Bradfield, Notary Public
Date Here Insert Name and Title of tire Officer (e.g_,' Jane Doe, Notary Public')
personally appeared Richard Tesoriero
Narae(s) of S pe,(s)
SHAWN R. BRADFIELD
Commission # 1932416
a ' =ri Notary Public - California
i -� Riverside County
I a My Comm. Expires May 9, 2015
who proved to me on the basis of satisfactory
evidence to be the person whose name('s,) is /ace
subscribed to the within instrument and
acknowledged to me that he /s4e4cy executed the
same in his /hef4heir authorized capacity , and
that by his /herflheir signature on the instrument the
persons,), or the entity upon behalf of which the
persons),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
Signature of Notary Public
OPT /ONAL
Though the information below is not required by lan. it tna), prove valuable to persons relying on the dontment
and could preventfraudtdent removal and reattachment of This form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: March 11, 2013 Number of Pages:
Signer(s) Other Than Named Above: Maria L. Spadaccini, Attorney -in -Fact
Capacity(ies) Claimed by Signer(s)
Signer's Name: Richard Tesoriero
❑ Individual
❑ Corporate Officer— Title(s): Vice President
❑ Partner— ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Flatiron Electric Group, Inc. Signer Is Representing:
0
9
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this I 1 TH day of MARCH '2013 , before me personally came
MARIA L. SPADACCINI to me known, who, being by me duly sworn, did
depose and say that she/he resides in HAWTHORNE, NEW JERSEY that she/he is
the ATTORNEY IN FACT of the LIBERTY MUTUAL INSURANCE COMPANY the
corporation described in and which executed the above instrument that she/he knows the
seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation, and that
she/he signed her/his name thereto by like order.
(SEAL)
a ttter Caber, blic of New Joreny
WSS nFxoirea i
mary 1 v, f014
.y
Mutu.
SURETY
Assets
Cash and Bank Deposits ...................
-Bonds —U.S Government
Bonds . ...............................
0 0
LIBERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT— DECEMBER 31, 2011
......... S 696,606,839
..... 910,151,865
......... 11,794,792,561
*Stocks ............................................. ._ ......... ...........
8.216.137,875
Real Estate...— ......................... ...............................
268.420.606
Agents' Balances or Uncollected Premiums .... .....
3,191,269,641
Accrued Interest and Rents ............................. _.....
151,164,670
Other Admitted Assets ............ ............................... 12.166 299 092
Total Admitted Assets ...... ............................... 37 i9 843.149
Liabilities
Unearned Premiums ................. ...............................
$3,762.485.913
Reserve for Claims and Claims Expense .................
15,817,904,502
Funds Held Under Reinsurance Treaties .................
1,249,980.610
Reserve for Dividends to Policyholders ..................
4.656,284
Additional Statutory Reserve. _ ...... .. .... .. .... ............
77.791575
Reserve for Commissions. Taxes- and
Other Liabilities ................. ...............................
2.885 589.205
Total .............................. ...............................
$23,798,408,089
Special Surplus Funds .................51,036,917,657
Capital Stock ............................_ - 10,000,000
Paid in Surplus ............................ 7,732,061,653
Unassigned Surplus ..................... L817,455,750
Surplus to Policyholders ...............................
13,596,435,060
Total Liabilities and Surplus
A p0..URR.4c
*Bonds are stated at amortised or investment value; Stocks at Association Market Values,
The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
°O roR. w'rd° statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKI. Assistant Secretary, of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2011, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 5th day of
April, 2012.
Assistant Secretary
S4262LMIGa 4112
HIS POWER OF ATTORNEY IS -NOT VAW'UNLESS ITAS PRINTED ON RED BACK
�� Th1s
Power of Attorney limds the acts of those name m and they have no authornyto bind the Company exce a manner and to the extent herein stated
�.. �. r ✓� . - -✓ ✓ ✓ -�
�. Cemficate.No 58 1861
�� - " Amencan Fr and Casualty Company Liberty Mutual In fiance Company
The Ohio Casualty Insurance.Company` West Am @ncan.lnsurance Cornpany i = -
f -.T -✓ -. - A J' .-
v _ = POWER OF AT,T_OR_NEY
^;KNOWNALL PERSDNS BY TH SE PRESENTS: hat AmencanFire & Casuaky.Company.antlThe Ohm Ca ally Insurance Company are Cory ahons duly drgamzed under the laws Wf�
` the Stale of New Hampshire ihafLibedy Mutual Insurance.Company is a cdryorationduly organized under the lam of the. State of Massachusetts; and WestAmenca^ Insurance: Company
acomorahon duly organized under the laws of the S iai i of Indiana (herein collectively called fie "Companies "); pursuant to avnd by uthonty herein set forth does hereby name constdute
-- and.appointn Alice McCeughlin;�Santlna:K ;Wolf;, Sherry "arirSe- M= De &rro,.Mary.B= McKee ,cMaria =L Spadaocini_:✓.�``.��
the city of- Woodctift Lake `; state of NJ ti each individually if there be more than one named its true and lawful attomeyan -fact to make eiiecule seal xkno%ledge\
`;and deliver for and on tts behalf _as surety and as it act and deed any and all undertakings bonds recogn` en s and othersuren obhgahns_in pursuance oflhese presents and shall
�=be as binding upon the Companies as dthey,Fiave been duly3igned by the president and attestedby.lhe secretary of the Companies intheirown proper persons r ✓��: -\.
�� r -��� ✓ ✓vi m=�i` = s� �vV,. �^ ��v`^-�,^�. ✓� --�.a- i -
-tiIN WITNESS.WHEREOF this Power of Attomeyhas been subscribed by anauthonzedoffceror offiGal of the Companies and the corporate -seals of fhe Companies havebeen affixed, 53=
.�- _thereto this 1st day of December 'v.? 2012 \r '�u� - �'�- `fw✓i' A ^-! ,\✓ ti^ i -
r ti mencan'Flrel d Casualty Company^ 0
Ohio Casualty Insurance Company �o,
1 $ r Liberty Mutual InsuranceCompanyVi-- �'`- m
r t i t f J t /)� '�� - ✓'� -WeSl American In511rance.Company�_
N \`a i \ _ h tied �4 "% \ a _, - -\ ��\ ✓... .� f ^ �^
Zee vZo
: � J ^
C ISTATEOFWASHNGTON - - �'�GFegory . avenport �. Assistant Secretary�✓ � _
C
000NTYOFKING'\ 1-11 ` On this 1st Bay of December / 2012 before me personalty appeared Gregory,W�Davenport who acknowledged himseH.to -be the Assstant Secrete --of Amencan" -RAF;
v -d ?Eire and Casualty. Company Liberty Mutual Insurance Company The Ohio Casualty Company, and West Amenca6risurancre Company and that he as such tieing au ho zed�so {o do ..TU)
C R' xecute the fo^ go1ng mstrumt/for turpose Jiherein contained by si- g`ning ^on_behalf of theco�ryorauons byhim e^If\ s'a�dolyauthoriied Kcer\ w ^,
w > 'IN WITNESS - WHEREOF have hereunto subscribed my name and affixed my- notarial seal at Seattle Washington on the-day and year first above written _
d' _� - o�-� �KD Riley,,Not
✓ �✓ 3
0.
C N :This Power otAhomsy is made and executed pursuant to and byauthori ofthefollovang Bylaws and Authorizations ofAmencen Fire and Casualty Company The Ohio Casualty Insurance -y,o
d :.Company, libedy_Mutuat Insurance Company and West American Insurance Company which resolutions are now in full Tome and effect reading as folbws
,m,'G)'ARTICLE IV�OFFICERS Sectio^12: Power ofXtmrneyAny officer orother official of the Corporation authorized for that purpose inwnhng;by the Chalrvnan orthe PresidenFand sabtect O C
0) to such Ilmitationas the -0haidm or the President may prescribe shall appo ^nteuch attomeysin fact as may be- necessary to\act In behaltof the Corporation to make,-execute seal; —>_Q
p C ackrwwledge and tleliveras suretyrvany and allundertaMngs bonds, iecognrzances'and other surety obligahonsc5uch altorneys,m fact, sublecY)o the limdations set forth m lhei`r espPCtrve' .0 =�j
E y; -powers of atlomey, hall have'full,povrer toibmd -the Corpor@6omby their stgnalure andezeoulion of any such�instmmentsand.to attach4hereto ihe�se_al of the Corpo�rahon_Whenso M_a
a ^culed suchmsWments shall beasbinding ae ifsigned by1h ',President nd\attested tobyt6e Secretary Anypowerorauthontygrantedloanyrepmssmative or attemydnfiac `under
the provisions ofitils ad¢!e maybe revoked at any. time by the Board,, the Chairman the President or by the officer or officers granting such power or authionty -r ��'. era
'ARTICLE XIII - ewtion of U tracts SECTION 5 Surety,Bo`nds and Undertakings Any officer. of the Company authlzed for that purpose in writing by the,chairman or-the president E,co
`! 'and subject to such limitations as the chairman orthe president may.preseribe .shall appoint such attorneys\n fact,,=as maybe necessary to actin behalf of the Company tb make;.exf cute , C14
0;31 seal - acknowledge,and dehver'as'surety any ^and all undertakings bonds recogn¢ances and:other surety`obligati ons ,Such attorneys io,fact subject tothe limitations setforth m there C aQ
2- a :respective powers of attorney shall have full pot er to bind the Company by thew signature and execution of any such instruments and to attach thereto the seal of the Company. %When so- �O.o
1 eaecuted'such jn'_ nts shall be as binding as if signed by the president and attesteB by the secretary.
Oi=Q Certificate of Designation. The President -of the Company acting pauant to the Bylaws'ove Company authonzes`Gregory W Dave Dort Assistant Secretary to appoinisuch
attorneys in fact as may be necessary to act on behalf of the. ompany to make,;axecute seal' acknowledge :and,delivier.assurety
of all undertakings, bonds remgnizarlcesand:
�f
,�o�othersurety obligations ✓r-...\ 'sue ��' �i�,.:�s.,f�.v�� /.✓= �� ✓� `\-
✓`�',-{urtlwnzation By unamtlrous consem of the Companys,BoaN of Duedors4fie Company consents that facsimile or mechanically reproducedsignaNre ofBny assistant secretaryofthe'
Company wherever appearing:upon a certified copy of any power of attomeyissued by the.Company m connection wdnsurery- -bonds shall:be.valid and binding uponahe,Company witt;
the same force and effect a/though manually; ff ed�` � "��-J � � ✓� �no �-
v-� I David M,Carey the undersigned AmistantSecretary ofAmencan Fire-and C6zua y Compa^y -The Ohio ,Casualty Insurance.Company.Librty Mutual Insurance Company and Wester -�
Amencan Insurance Company do hereoy^cendy that the original power of attorney of which the foregoing is a full ante end correct copy of the PowetofAttomey executed by satit Companies
is in full force end effect and has not been revoked - v ���! �" �- ^`� �' ^\✓
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals ofsaid Companies this day of �V Gr>✓. 20hi\_.'
1 ✓ ✓� V
It
`, - "�DavidM Ca_rey �ASsistant Secrete
� � � � �� 'V � � l�� ✓� Ate,.
LMS 1283 092012 - �' ��` - 162 of 100 ✓
0
Ll
N° 2131
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Txss Is m C:FR rr,1, Tfiat, parsuant to the Insurance Cods of Ike State of cd'if orula,
LIBERTY MUTUAL INSURANCE CUMPANY
of BOSTON, lfASSACHMETTS• , orgarsirrd ender ibt
larvs of MASSACBUSETTS , subirct to its Artirlrs of rn, rpnrrtion or
other fuudamrntal organizational docsrnsruls, is hereby authorized 10 trausarl within Ibis Stair, ssbfert
to all provisions of thi! Ctrlifcats, tlir fotfeu4n8 classes of i»snrance: FIRE, ilARINF, SURETY,.
DISABILITY, PLATE. GLASS, LIABILITY, 4YORKMF:NrS COMPENSATION, COMtdON
CARRIER. LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT, SPRII71gER,.
TEAM AND VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEOUS
as such classes are now rm may bereaftrr be defined in thr lnss,rarre Inws of for State of Caiifnnsia.
THIS CEPMPMAIE is rxprrsaly conditioned upon tht buss hereof ems. and Hereafter hring in fnlf
rompfience with all, and not in violation of any, of for opplirable laws and i4wful rrquirements made
under aulborily of the laws o f the Stair Of Cali ferule as 107tR as aterfr taays tar rr,71sirnntnts are nt a fjert
and appltroble, and as sorb laws and requirtmetsis 17m1' are, or-may herrraf ler he changed or amended.
IN lt'rITNM QnsrYXEOF, effrclive as of tlx ..._.15TH . day
--- .._ ------ __.., }9b1 , i barn tsrnrrnro
set my lwrrd osd cawed nay official seal to hr affixed tbsr. 15TH
day of _.... NOXELBER_. .- -. -'_ - .._ .......... ..,1961.....
F. BRITTON MCCONNELL
I.......r Cow .c.rr
BY
oer.ry
Executed in Triplicate
Bond No. 015039842
Premium Amount: $3,412.00
171
E
Document A312 TM -2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR:
(Nance, legal stairs and address)
Flatiron Electric Group, Inc.
7911 -A Pine Avenue
Chino, CA 91708
OWNER:
(Name, legal status and address)
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
SURETY:
(Afame, legal stales and principal place of business)
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
Malling Address for Notices
Attention: Surety Claims Department
Interchange Corporate Center
450 Plymouth Rd., Suite 400
Plymouth Meeting, PA 19462 -1644
This document has Important legal
consequences. Consultation with
an attorney is encouraged with
respect to Its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT
Date: March 11, 2013
Amount: $ 454,983.00 Four Hundred Fifty Four Thousand Nine Hundred Eighty Three Dollars and 00 /100
Description: Main Street Lighting Project; CIP No. ST 1203
(Name and location) Flatiron Project # 5332
BOND
Date: March 11, 2013
(Not earlier than Constmedon Contract Date)
Amount $ 454,983.00 Four I- lundred Fifty Four Thousand Nine Hundred Eighty Three Dollars and 00 /100
Modifications to this Bond: X] None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Flatiron Electric , Inc. Liberty Mutual Insurance Company
Signamte>� ignature: cz
Name- RichardTesoriero Name Maria . in duct
and'litle: Vice President and Title: Attom y -in -Fact
Surety bone No. (212
) 719 -7750
(Any additional signatures appear on the last page of this Performance Band.)
(FOR INFO&VATIONONLY —Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Turner Surety and Insurance Brokerage, Inc. (Architect, Engineer or other party:)
300 Tice Boulevard, Suite 250N
Woodcliff Lake, NJ 07677
(201) 644 -2516
S- 1852/AS 8110
0 0
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, adminCstrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by reference.
§ 21f the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when
applicable to participate in a conference as provided in Section 3.
§ 31f there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the
Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner
agrees otherwise, my conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt
of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform die Construction Contract, but such an agreement shall not waive the Owne's right, if any, subsequently to declare a
Contractor Default
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Prim in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual pmjudice.
§ 6 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
n
§ 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
§ 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owne's concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
•.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make payment to the Owner, or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety procceds as provided in Section 5.4, and the
Owner refuses the payment or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
S-1 852/AS 8110
0 0
§ 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Convect, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without
duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or
failure to act of die Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
§ 81f the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of compelentjurisdiction in the location in which the work or
pan of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after die Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by lase, the minimum period of limitation available to sureties as a defense in thejurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§ 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any prevision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereftom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common Imv bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to die Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material
tens of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S- 1852/AS 8/10
9
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address
S•18521AS 8110
Signature:
Name and Title:
Address
(Corporate Seal)
0
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On March 13, 2013 before me, Shawn R. Bradfield, Notary Public
Date I -here Insert Name and'I'itle of the Oficei (e.g., "Jane Doe, Notary Public')
personally appeared Richard Tesoriero
Nn ne(s) of Signer(,)
SHAWN R. BRADFIELD
Commission # 1932416
i .'e Notary Public - California i
= Riverside County x•
My Comm. Expires May 9.2015
who proved to me on the basis of satisfactory
evidence to be the personN whose name(�1 is /are
subscribed to the within instrument and
acknowledged to me that he /shekhey executed the
same in his/beFkheir authorized capacity, and
that by his /herftheir signature(gon the instrument the
persons.), or the entity upon behalf of which the
person, acted, executed the instrument.
1 certify under PENALTY OF PERJURY tinder the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
of Notary Public
OPTIONAL
Though die information helou is trot required by 1cm. it may prove valuable to persons relying on the document
and cold prevent fraudulent renrovol and reattachment of this fort, to another document.
Description of Attached Document
Title or Type of Document: Performance Bond
Document Date: March IL 2013 Number of Pages:
Signer(s) Other Than Named Above: Maria L. Spadaccini, Attorney -in -Fact
Capacity(ies) Claimed by Signer(s)
Signer's Name: Richard Tesoriero
❑ Individual
❑ Corporate Officer— Title(s): Vice President
❑ Partner— ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:Flatiron Electric Group, Inc. Signer Is Representing:
I]
0
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this 11TH day of MARCH 2013 , before me personally came
MARIA L. SPADACCINI to me known, who, being by me duly sworn, did
depose and say that she/he resides in HAWTHORNE, NEW JERSEY that she/he is
the ATTORNEY IN FACT of the LIBERTY MUTUAL INSURANCE COMPANY the
corporation described in and which executed the above instrument that she/he knows the
seal of said corporation; that the sea] affixed to said instrument is such corporate sea];
that it was so affixed by order of the Board of Directors of said corporation, and that
she/he signed her/his name thereto by like order.
(SEAL)
/I --rill
[:5Feb . he Ceben
ubl NJOmm'wion Exolren i
ruery 1f„ fb14 J
Y
Liberty LIBERTY MUTUAL INSURANCE COMPANY
Mutual. FINANCIAL STATEMENT — DECEMBER 31, 2011
SURETY
Assets
$3.762,485.913
Cash and Bank Deposits .........................................
S 696,606,539
*Bonds — U.S Government ...... ...............................
910,151,865
*Other Bonds ............................................................
11,794.792,561
*Stocks ........................ _. ......_........._._............ .............
8.216,137,875
Real Estate ............................... ...............................
268,420,606
Agents' Balances or Uncollected Premiums ...........
3,191,269,641
Accrued Interest and Rents ...... .......... ..................
151,164,670
Other Admitted Assets ............................................
12.166,299,092
Total Admitted Assets ...... ............................... 3739 -R43 -149
Liabilities
Unearned Premiums ................. ...............................
$3.762,485.913
Reserve for Claims and Claims Expense .................
1 5,81 7,904J02
Funds Held Under Reinsurance Treaties .................
1,249,980,610
Reserve for Dividends to Policyholders ..................
4,656.284
Additional Statutory Reserve ......................
77,791575
Reserve for Commissions. Taxes and
Other Liabilities ................. ...............................
2,885 589,205
Total .............................. ...............................
$23,798,408,089
Special Surplus Funds ................. $1.036.917.657
Capital Stock ............................... 10.000.000
Paid in Surplus ............................ 7.732.061.653
Unassigned Surplus ..................... 4,817.455.750
Surplus to Policyholders ...............................
13,596,435,060
Total Liabilities and Surplus
� 4r8U.q�
i,J ppPOq��iC
*Bonds are stated at amortized or investment value; Stocks at Association Market Values.
The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
�'�e7 IOM. ♦•''jJD statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKL Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 201 I, to the best of my knowledge and belief.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Corporation at Seattle. Washington, this 5111 day of
April, 2012.
Assistant Secretary
5- 1262LMICIa 4112
0
E
N9 2131
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Trrss Is To CERTrr Y, r/aat, pursuant to the Gtsxrance Cods of the State of California,
LIBERTY IMUAL I SURANCE COMPANY
of BOSTON, NASSACHUSEPTS• , o'ganized tinder fire
farm of MSSACBUSETT$ , sabtrct to its Articles of inrnrporation or
oliirr fxndav rntal organizationd docnmeuts, is hereby authorized to hmsart within ibis siatc, subject
to all provisions of ibi, Certificair, the foffowing classes of israrumsrr.- FIRE, MARIIT2., SLPtETY,.
DISABILITY, PLATE GLASS, LIABILITY, O'ORDIRWrS CO1OHNSATION, COA4doN
CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT, SPRI1iKLSR,.
TEAM AND VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEOUS
as mch classes m now or stay hereafter be defined iu the Inatrranre Laws of for State rf California,
TI115 CERTIFICATE is exfressiy conditioned so Pon ttx bolder hrreof nma, Ord hrrrsftrr bring rn full
contpfiance with all, and not in vPolntion of any, of the of placable iawt acrd Inofxl requirements made
atrder astihorily of the laws of the State of California in latp a, sorb 6771!r r,r rrr]xnTmrnts air m effect
and applicable, and as mcb lows and regniremexls nor, are, or may berraf ter he changed or amended,
Ix 'X`777:tss WRF.kEOF, rffrciive as of the ...- ..15TH day
of- - . .. NOVEMBER - - -- -- 1961 , i flay il"esinto
ert any band end cawed my ofriirial trel to be af&rad Mir. 1S711
day of _..._RummER. -. - ........... .............1961....
F. BRITTON NOGONNELL
S
J