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Res 85-066RESOLUTION NO. 85-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ADOPTING THE REVISED STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS WHEREAs, the City of Poway desires to ensure that all developers adequately secure and guarantee the public improvements required as a condition of the approval of the project, and WHEREAS, an agreement outlining the responsibilities of the developer and his contractors is a necessary part of said guarantees, and WHEREAS, the existing Standard Agreement for Construction of Public Improvements must periodically be updated to keep pace with current City ordinances and policies. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows: The attached copy of the Standard Agreement for Construction of Public Improvements shall be hereby amended as outlined in Attachment 1. (Underlined words shall be new additions; deleted words have a line drawn through them. PASSED AND ADOPTED by the City Council of the City of Poway, California at a regular meeting thereof this 3rd day of September, 1985. Robert C. Emerv.~'a'~r ATTEST : Marjor~l~K.\ Wahlsten, City Clerk SIGNATURE ~ (Limited Partnership/General Partnership/Oorporation) * 1. WHERE PRINCIPAL IS A ?.T~','~U PAl~l~mm~T~P A. General partner shall execute on be_half of the limited partnership. Bo General partner shall furnish City of Poway a copy of the recorded Certificate of Limited Partnership to authenticate the authority of the general partner to sign on bebalf of the limited partnership. 2. WHERE PRINCIPAL IS A ~ PA~TN~P A. General partner shall execute on behalf of General Partnership. General Partner shall furnish City of Poway a copy of the General Partnership Agreement authenticating that the general partner who signs the document has authority to do so. 3. WHERE PRINCIPAL IS A OORPOPATION A. Officer or officers shall execute on behalf of corporation. Be Officers shall furnish City of Poway a copy of a corporate resolution indi- cating that the officer or officers who sign the document are the officers of the corporation and authorized to bind the corporation to contract. In each of the foregoing situations (a limited partnership, a general partnership, or a corporation) the City requires an individual obligor, in addition to the partner- ship or corporate entity. For emample, John Doe may sign on behalf of either partnership or the corporation as the general partner and/or president thereof, but than, in addition, John Doe is required to sign the document individually as an individ,~al obligor. To meet the signature requirements use: Agr~-~ment - 13 of 13 (Partnership/Corporation) City of Poway (8/85) Page 1 of 1 Poway, California Agrc~ment Date S~/~ AG~mm~T FOR CONSTRUCTION OF PUBLIC ( ) The CITY OF POWAY ("CITY") and ("f~NER") agree as follows: A. OWNER is required to construct the following public improvements ("work") for the above referenced property: · B. CITY approved plans and specifications for the construction of the work which are incorporated herein by reference and prepared by: and are identified as (Title as appears on plans) C. The following are attached hereto and made a part hereof: Schedule A (8/85) ~gr~'~ment - 1 of 13 1. IMPROV~4ENTS: TIME TO PERFORM: For valn~hle consideration, OWNER agrees to do, or cause to be done, at OWNER'S expense and without any cost or liability to CITY, all of the work described herein by the date specified on Schedule A. OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifica- tions of the work, the standard specifications and drawings for public improv~nents adopted by CITY, and this agreement. OWNER shall furnish all transportation, equip- ment, labor, services, permits, utilities, and all other items necessary to complete the work. Owner shall pay all claims, demands and liability arising out of or resulting from or in connection with the performance of the work. Owner shall fur- nish accurate "as constructed" plans. In addition, owner shall, prior to acceptance of the work by City Council, set all final monuments and s~akes. OWNER'S obligations herein are not limited by any cost estimates nor will any estimate be a me~ure of damages. CITY in its sole discretion and without liability to CITY, CITY Council Members, CITY'S Engineer and their consultants, and each of their officials, directors, offi- cers, ~L~loyees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY in its sole discretion and without liabi- lity to CITY, CITY Council M~mbers, CITY'S Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans and specifications and for unforeseen conditions such as but not limited to rock excavation, unstable soil conditions or high water ~hles requiring dewatering. 2. INSURANCE: OWNER shall not c~,,~nce or continue to perform any work unless f~NER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business, and have an agent for service of process, in California and have an "A" policy holder's rating and a financial rating of at least Class XI in acoord~nce with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance policies shall be maintained until the work is accepted (8/85) Agr~-~ment - 2 of 13 by the City and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work. With approval of the City Attorney, insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site. As evidence of coverage, 0WNf~ shall provide certificates of insurance and endorse- ment on CITY forms. Each certificate shall bear an endorsement waiving right of can- cellation or change in coverage without forty-five (45) days notice in writing delivered to CITY. Before iss,~2nce of construction permit, (~NER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contrac- tors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work. Before issuance of construction permit, OWNER shall provide to CITY, certificates of insurance and endorsements that ~ has liability insurance coverage naming CITY as additional insured for both bodily injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence. Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement. A. General Liability B. (1) Cn~prehensive Form (1) (2) Premises-Operations (3) Explosion and collapse Hazard (2) ( 4 ) Underground Hazard ( 3 ) ( 5 ) Products/C_~pleted Operations Hazard (4) (6) Contract~] Insurance (7) Broad Form Property Damage Including Ccmpleted Operations (8) Independent Contractors (9) Personal Injury Automobile Liability Ccmprehensive Form, Including Loading and Unloading Owned Hired Non-Owned (8/85) Agr~---~ent - 3 of 13 Contractual insurance shall be sufficiently broad to indeminify CITY as set forth in Paragraph 4. Any liability insurance naming the CITY insured, shall include as additional insured CITY Council Members, CITY'S Enginccr, and their consultants, officials, directors, officers, agents, and employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have. Nothing contained in these insurance requirements shall limit the liability of OWNER or OWNER'S insurance companies, l~view and acceptance of insurance certificates shall not constitute any representation by CITY or its representatives that any required insurance has ~ issued. 3. OWNERS LIABILITY: 0WNER shall, at OWNER'S sole cost and expense, be solely and completely responsible for all rotters affecting the design, prosecution, prog- ress and completion of the work, (both on and off the jobsite). OWNER shall be responsible for observing all laws. ONNER shall provide for public convenience and safety, and safety of workers, including OWNER'S workers and those of OWNER'S con- tractors, subcontractors and suppliers and others contributing to the work. lime, ER shall protect CITY property and property rights of others, including the location, maintenance and replacement of utilities whether shown on the plans or not. OWNER · shall give prior notification to utility owners. OWNER shall protect against and pre- vent drainage from storm runoff. Owner shall not interfere with the lawful use by others of easements, rights-of-way. Nothing in this agreement, the specifications, or other contract documents, or CITY'S approval of the plans and specifications or inspection of the work, shall relieve the owner or contractor of full responsibility for all aspects of the work. CITY, CITY Council Members, CITY'S Engineer, and their consult_ants, and each of their officials, directors, officers, employees and agents, shall have liability for any aspect of the work. 4. OWNERS INDEMNIFICATION: OWNER shall indemnify and hold harmless CITY, CITY Council M~nbers, CITY'S Engineer, and their consultants, and each of their officials, directors, officers, agents and employees from and against all liability, claims, ~ages, losses, expenses, and other costs, including costs of defense and attorneys (8/85) Agrcament - 4 of 13 fees, arising out of or resulting from or in connection with the design or construc- tion of the ~Drk, both on and off the jobsite, and during and after completion. This, provided any of the above is: (1) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than the work itself) including the loss of use resulting therefrom, and (2) caused in whole or in part by any act or canission of ~, OWNER'S engineer, any contractor, any sub- contractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable. Ail of this regardless of whether or D~t it is caused in part by any act or omission (active, passive, or comparative negligence included) of a party ind_~mnified hereunder. Said indemnifica- tion and agr~-~ment to hold harmless shall extend to injuries to persons and damages to or taking of property, resulting from the design or construction of said improve- ments causing the diversion of waters or from the design or construction or main- tenance of drainage-syste~as, streets and other improvements. Acceptance of these improvements by the CITY shall ~ot constitute an assumption by the .CITY of any responsibility for such damage or taking. As to any and all claims against the indemnified parties by any employee of OWNER, any contractor, any subcontractor, any supplier, anyone directly or indirectly em- ployed by any of them or anyone for whose acts any of them may be liable, the indem- nity obligations hereunder shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the OWNER, or any contractor, subcontractor, supplier or other person under worker's compensation acts, disability benefit acts or other employee acts. OWNER shall also ind~nnify and hold harmless CITY, CITY Council Members, CITY'S Engineer, and their consultants, and each of their officials, directors, officers, e~ployccs and agents from and against all losses, expenses, ~mages (incl,,8~ng dam- ages to the work itself), attorneys fees, and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, super- vision, observation of or construction of the improv~mlents referred to herein or any injury to a person or property, real or personal, as a result of any such latent (8/85) Agreement - 5 of 13 deficiency. CITY'S costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER'S contractors, subcontractors, or suppliers or designed by their representatives. Provisions of this Paragraph 4 shall re~ain in effect ten (10) years following accep- tance of improvements by the CITY. Nothing contained herein shall limit CITY'S reme- dies purs,~ant to Code of Civil Procedure, Section 337.15. 5. SECURITY: With the execution of this agreement, OWNf~ shall furnish and deliver to CITY, at no expense to CITY, a payment bond and a performance bond. Each shall be in the amount of the CITY approved estimate specified on Schedule A. Bonds shall be furnished by surety companies satisfactory to the CITY on the forms provided by CITY. No alterations or substitution of said forms will be allowed. To be accep- table, surety companies must be authorized to do business and have an agent for ser- vice of process in California, be on the accredited list of the United States Treasury Department, and or have an "A" policy holders rating and a financial rating of class Xl or better in accordance with the current "Best's Rating." The bonds will be limited to amounts acceptable to the Treasury Depa~'~.~ent. None of the following shall in anywise affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of ti_me, alteration or additions to the terms of the agreement, or the work to be performed, or the plans and specifications therefor; (b) any matters unknown to surety which might affect surety's risk except that CITY will advise surety upon request of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, and (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of OWNER to comply with any written notice to correct defective work. The obligations of OWNER shall not be limited by the amount of such bends. (8/85) Agr~.-~_nt - 6 of 13 6. TYPES/AMOUNT OF SEO3RITY: In lieu of payment and performance bonds, OWNER may furnish CITY either cash, a Letter of Credit, or an Agrcc~ment of Deposit as security for performance. Said security shall be in amount not less than one hundred percent (100%) of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in an amount not less than fifty percent (50%) of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms will be allowed. The obligations of OWNER shall not be limited by the amount of the security required. 7. COSTS A~D DEPOSITS: OWNER agrees to pay CITY, on d~m~and, the full amount of all of CITY'S cost incurred in connection with the work and this agreement. These costs include but are not limited to, plan checking, inspection, materials furnished, attorneys fees incurred in connection with preparing and negotiating this agreement, and all other expenses, including engineers and attorneys fees of CITY, directly attributable to the work and this agreement. These costs shall include a reaso~hle amount for CITY'S overhead in connection therewith, plus any applicable fees of CITY. CITY'S costs shall include the cost of inspecting and restoring other portions of the work both during and after acceptance which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OFNER'S contractors, subcontractors, or suppliers or designed by their represen- tatives. OWNER shall deposit with CITY concurrently with the execution of this agrcc~ment, such sums as the CITY establishes as deposits set forth on Schedule A. .Should the act,~a! expenses be in excess of the deposit set forth on Schedule A, OWNER shall pay the amount of such excess on demand. Should the act,~l expenses be less than the esti-mated deposit on Schedule A, the difference, without interest, shall be refunded to (~qER within ninety (90) days of acceptance of work by CITY; provided however the CITY shall have the right first to apply any excess monies to any other obligation which ~ might have to CITY. Said deposit is not a trust fund and said deposit may be co-mingled with other similar deposits. 8. PARTIAL UTILIZATION: Until all work has ~n completed and accepted by CITY and all other public authorities having jurisdiction, OWNER shall be responsible for the care, maintenance of, and any damage to the work. (8/85) Agr~ent - 7 of 13 When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right upon written notification to OWNER to utilize such portions of the work and to place the operable portions into service. With this notice and co~L,~enc~m~_nt of utilization or operation by the CITY, OWNER shall be relieved of the duty of maintaining the portions so utilized or placed into opera- tion. However, such use and operation shall not relieve OWNER of the full respon- sibility for completing the work in its entirety, for making good defective work and materials, for protecting the work from ~mage, and for being responsible for ~age and for the work as set forth herein. Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve OWNER, or OWNER's sureties and insurers of the provisions hereof relating to indemnity and g~rantees. 9. ACCk~ANCE OF PROJECT: WARRANTY: Acceptance of the work shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work. From and after acceptance, the work shall be owned and operated by CITY. As a condi- tion to acceptance, OWNS{ and OWNER'S contractor shall each certify to CITY in writ- ing that all of the work has been performed in strict conformity with the agreement and that all costs have been paid or supply to CITY security, satisfactory to CITY, ~arantccing such performance. In addition to OWNER'S other obligations under the agrc~---ment, OWN~ warrants all work and materials to be good ~,~] [ty and fit for the purpose and intended use. O4NER shall repair, replace and restore any and all such work which may prove defective in workmanship and/or materials without expense whatsoever to CITY; ordinary w~r and tear and unusual abuse or neglect excepted. OWNER shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which CITY by reason of such defects reasoDahly suspects may also be defective. Owner shall provide a warranty bond or other security satis- factory to CITY for a period of one (1) year. Said bond or other security shall be in an amount satisfactory to CITY but in no case less than ten (10) percent of pro- ject cost. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warranty (CCP 337) or action for latent defects (CCP 337.15) nor the amount of such claim or judgment. (8/85) 2~rc-----aent - 8 of 13 In the event of a failure to oo,~,,ance with the compliance of above-mentioned condi- tions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to procccd to have the defects repaired and made good at the expense of Owner who hereby agrees to pay the cost and charges therefor iamediately on demand. If, in the opinion of CITY, nonconforming work creates a aangerous condition or requires L~%~liate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY will attempt to give the OWNER notice. If OWNER cannot be contacted or does not comply with CITY'S request for correction within a reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against OWNER who agrees to make payment for said costs upon d~m-~nd. Corrective action by CITY will not relieve OWNER or OWNER'S sureties or insurers of the ~n~rantees and indemnities of this agreement. This paragraph does not in any way limit CITY'S remedies purs,,ant to Code of Civil Procedure, Section 337 and 337.15, or the ~rantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer ~arantee period. CI~NER agrees to act as a co-g~rantor with such manufact- urer or supplier and shall furnish CITY all appropriate g,~rantee or warranty cer- tificates upon completion of the project. No manufacturers g,arantee period shall in any way limit the liability of OWNER or OWNER's sureties and insurers under the indemnity or insurance provisions of this agreement. 10. EASemenTS AND FEE. Ilvr~a<ESTS: OWNER shall at OWNER'S sole cost and expense, furnish CITY with appropriate easements and fee title to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions and covenants other than current real property ta__xes then a lien but not yet payable. At OWNERS cost and expense, OWNER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as above required with an endorsement insuring CITY against mechanic's lien claims arising out of the performance of the work. ~ements (8/85) Agreement - 9 of 13 shall be in standard form acceptable to CITY, 'sb~311 be not less than the width CITY determines necessary to maintain the work and shall be executed and delivered to CITY concurrent with execution of this agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under development (other than those as may be delivered under a temporary service agreement with OWNER). 11. CONTRACTORS AND AC.F~N~S: OWNER shall be as fully responsible to CITY for the acts and c~issions of OWNER's contractor and of the persons directly or indirectly employed by OWNER'S contractor as OWNER is for the acts and omissions of persons directly or indirectly employed by OWNER. Nothing contained in the agreement shall create any contract,~al relationship between any contractor or others and CITY. OWNER shall bind every contractor to be bound by the terms of this agreement. 12. DEFAULT BY OWNER: ~ shall be in default of this agreement if; in the sole discretion of the CITY, OWNER refuses or fails to oonstruct the improvements required hereby in a workmanlike manner, or OWNER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any written extension thereof, or fails to ~x~plete such work within such time, or if OWNER should be adjudged a bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of OWNS~'S insolvency or if OWNER or the contractor, or any of their subcontractors violate any of the provisions of this agr~.nent, or if OWNER fails to make prompt payment for materials or labor or if OWNER disregards laws, ordinances, or instructions of CITY. CITY shall serve written notice upon the OWNER and OWNER'S surety of its intention to declare this agreement in default. Said notice will contain the reasons for such intention to declare a default. Unless, within ten (10) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made, this agrc~ent shall upon the expiration of said time be in default. (8/85) Agreement - 10 of 13 Upon such default, CITY shall serve written notice thereof upon the surety and OWNER, and the surety shall have the right to take over and perform this agreement. If the surety does DDt, within fifteen (15) days after the serving upon it of a notice of d~fault, give CITY written notice of its intention to take over and perform this agrc~---~_nt or does not coawaence performance thereof within thirty (30) days from the date of CITY'S notice, CITY may take over the work and prosecute the same to the extent of cc~rt01etion it deems necessary by contract or by any other method it my dmem advisable for the account and at the expense of OWNER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event CITY my, without liability for so doing, take possession of and utilize in complet- ing such work, such mterials, appliances, plants, and other property belonging to ONNER that may be on the site of the work and be necessary therefor. Should surety fail to take over and diligently perform the agrc~--~aent upon Principal's default, surety agrees to promptly on demand deposit with CITY such amount as CITY my reason- ably_estimate as the cost of completing all of OWNER'S obligations. For any such work that CITY elects to complete by furnishing its own employees, mterials, tools, and equipment, CITY shall receive reasonable coapensation therefor including costs of supervision and overhead. CITY may, at its option, elect not to complete any or all 'of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of · the work, then all CITY'S obligations to OWNER and the lands to be served shall ter- minate. CITY'S obligations to OaRqER and the lands to be served shall continue to the extent of any accep~m_nce, subject to CITY'S right to offset any sums due it. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to CITY. 13. R~MOVAL OF IMPROV~4ENTS: If the work is suspended or otherwise not con- tinuously prosecuted for any cause whatsoever, within or without the time for comple- tion, OWNER shall, at OWNER'S sole cost and expense, remove and replace all or any portion of the work already oompleted and inspected which CITY, in its sole discre- tion, determines is subsPan~rd, damaged, or may constitute danger to the public. (8/85) Agreement - 11 of 13 14. ATTORNEY FEES AND O0STS: Should CITY engage an attorney to enforce any pro- vision of this agrc~msnt or to defend any claim brought by anyone arising out of the failure of OWNER to perform any of OWNER'S obligations under this agrcc~ment, OWNER shall pay all of CITY'S attorneys fccs incurred in connection therewith, with or without suit, whether or not said attorney is in the regular employ of the CITY. 15. FU~JRE CHARGES: Nothing in this agreement shall relieve OWNER, or OWNER'S successors or assigns of any obligation to pay any connection, installation, expan- sion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regula- tions and policies of CITY. 16. ASSIGnmeNT: The performance of the agreement may not be assigned, by OWNER except upon the written consent of CITY. Consent will not be given to any proposed assignment which would relieve OWNER or OWNER'S sureties of their responsibilities under the agreement unless CITY finds that assigncc can perform this agreement and provide security comparable to that provided by OWNER. 17. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of act~,a] receipt or deposit in the U.S. Mail, first class postage pre- paid, addressed to OWNER at the address set forth below, to the surety at the address in the security instrument, and to CITY at P.O. Box 785, Poway, Ca] ifornia 92064. (8/85) Agreement - 12 of 13 By: OWNER: Marjorie K. Wahlsten Title City Clerk Address of Owner: Telephone No: (Signatures must be Notarized) (Notary form attached) (8/85) Agr~-~ment - 13 of 13 (Individual0wner) Marjorie K. Wahlsten Title City Clerk Telephone No: (SEAL IF CORPORATION) Individual Guarantor A~ress: Telephone No: Ir~ividual ~mrantor Address: Telephone No: (SIGNATURES ~JST BE NOTARIZED - NOTARY FORM A_9~CACF~D (8/85) ~rc~,----~_nt - 13 of 13 (Partnership/Corporation) *'. State of On this the __ day of 19 , before me, * )SS. 'County of ) the undersigned Notary Public, personally appeared [] perso~lly known to me proved to me on the basis of satisfactory evidence be the person(s) whose name(s) subscribed to the within inset, and acknowledged that executed it. WI~S my hand and official s~a]. Noe~ry, s Signature ********************************************** State of On this the __ day of 19 , before me, )SS. County of ) , the undersigned Notary Public, personally appeared proved to me on the basis of satisfactory evidence be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Not~ry' s Signature ********************************************** * State of * * County of * * * * * * * * * * * * * * * ** ** * * * * * * * * * ( 6/8 4 ) On this the __ day of 19 , before me, )SS. ) , the unaersigned Notary Public, perso~11y appeared ~] personally known to me proved to me on the basis of satisfactory eviSence to the person(s) who executed the within instrument as or on beba]f of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official Notary' s Signature ****************************** S('~m~ULE A TO ~ FOR CONSTRUCTION OF FJBLIC IMP~ Agreement Date This schedule is attached to and made a part of the Standard Agreement for Con- struction of Public Improvements between CITY and OWNER for the above-referenced property. The following correspond to the paragraph numbers of the agreement. 1. Completion Date: 2. Liability Insurance Limits: $ 5. a. Approved Cost Estimate: $ b. Approved Security Amounts: Performance $ Payment $ (Labor and Materials ) Prior to issuance of first building permit or two (2) years from date of this agreement, whichever comes first. , combined limit each occurrence 7. Deposit/Fee Amount: Attachment to this Schedule. 9. Warranty Security Amount: (To be posted prior to acceptance of work) (8/85) Schedule A to Standard Agre~nent - 1 of 1 SC~,:~JLE A TO STANDARD AG~RFN~T FOR OONSTRUCTION OF PUBLIC IMPROVEMENTS Agr c~.--'~ent Date Applicable fees/deposits payable by OWNER prior to or concurrent with this Agreement are as follows: F~E~S (NON-REFb/~ABLE) Traffic Signal Fee Traffic Mitigation Fee Water E~pansion Fee Off site Drainage Fee TOTAL NON-REFUS~DABTR FFRS- In accordance with Section 14.8.2 of City's Rules and Regulations Governing Water Service this fee is a non-refundable deposit to be credited to the Water Expansion Fee due at the time meter is installed. Any difference in the fee paid at this time for a water conm%itment is due amzl payable at time water meter is installed. DEPOSITS (REF05DABL~., LESS CITY EXPOSES) pi_mn Check Deposit Inspection Deposit Other TOTAL DEPOSITS -$ In accordance with Section 7 of this Agrc~.~ent costs incurred by City in excess of deposit will be billed owner, if less, City will refund. ( ) Initial of CITY ( ) Initials of CIWNER (8/85) Schedule A to Standard Agreement - 2 of 2 OW~R Agrc~.---nent Date SC~m~X~.~. B (MD~Dq~f~T Smr£ING) TO STANDARD AG~T FOR CONSTRUCTION OF PUBLIC IMP~ This schedule is attached to and made a part of the S~anaard Agrc=ment for Con- struction of Public Improvements betwc~n CITY and OWNER for the above-referenced property. Security Amount: $ 1. Ymnumant Setting. CWNER at OWNER's sole cost and expense shall within thirty (30~, days of acceptance of the work, cause a licensed surveyor or engineer to set all monu- ments and stakes not installed on the date of recording of the Final Map for the abow referenced property, or which having been set were removed, altered or destroyed before acceptance. 2. Security Deposit. OWNER concurrently herewith shall deposit the' amount specified above in a form approved by the City Engineer, as additional and independent security for the performance of the setting and payment of the engineer or surveyor. 3. Notice of Setting. within five (5) days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice thereof to GWNER and the CITY. 4. Payment of Engineer. Upon completion of setting to CITY's satisfaction and payment to the engineer or surveyor, OWNER shall present to CITY evidence of such payment and receipt thereof by the engineer or surveyor and the deposit will then be refunded to OWNER. 5. Nonpayment. If OWNER does not present evidence of payment and if the engineer or surveyor notifies the CITY of nonpayment, the CITY may, within three (3) months from the date of said notification, pay the engineer or surveyor the amount due from any deposit or security therefor. 6. Death or Disability of Engineer. Upon the death, disability or retirement from practice of or refusal to act by the engineer or surveyor charged with the respon- sibility for setting monuments, CITY may direct its engineer or such enginccr or sur- veyor as it may select, to set the monuments. If the original engineer or surveyor i~ replaced by another, the former may, by letter to CITY, release the right to set the final monuments to the substitute surveyor or engineer. When the monuments are so set, the substitute engineer shall amend any Fir~] Map in accordance with the correc- tion and amendment provisions of Sections 66469 through 66472 of the Subdivision Map ACt. All provisions of this agrc~.----"~_nt relating to payment shall apply to the service performed by the substitute engineer or surveyor. ( ) Initial of CITY ( ~ ) Initials of GWNER (8/85) Schedule B to Standard Agr~-~n~nt - 1 of 1 MONUMENT PERFOPJ~CE~ ( ) We, , as Principal, and , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Pcway ("City") for payment of the penal sum of U.S. Dollars ($ ). City and Principal have entered into an agr~.-~nt or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of public improvements for the above reference property. Surety herein approves of the terms and conditions of said agre~a~ent and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so per- form. Surety acknowledges that the agreement herein referenced shall be that docu- ment as executed by City and Principal. THE CO~ITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the cove- nants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City's Engineer, and their consultants, and each of their officials, directors, officers, employees, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreemant, Surety will promptly on d~mand deposit with City such amount as City may reaso~hly estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety purs~nt to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be dc~-~%ed proper payment as between Principal and Surety. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agre~m~_nt, or the work to be performed thereunder or the plans and spe- cifications, or any matters unknown to Surety which might affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof. Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in a~a~tion to the above sura. (City of Poway) Performance Bond - Page 1 of 2 (8/85) (YDNUMENT) ( MDNUMENT ) Executed this day of (Seal of Corporation) PRINCIPAL (Attach Acknowledgment of Principal) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California ( ) Surety Cc~any Name Street Number City and State Telephone Number Street Number City and State Telephone Number (Attorney in Fact or other Representative) APPROVED: (Attach Acknowledgment) ) C~npany Agent Street Number City and State Telephone Number City Attorney Furnish the name, address and phone number of the Cc~pany Agent as well as the Surety Company. Sureties ~t be authorized to do business in and have an agent for service of process in Ca]ifornia and be on the accredited list of the United States Treasury Department, (their bonds will be limited to such amounts as would be acceptable to the Treasury Department) and otherwise meet the requirements of paragraph 5 of the agr~-~ment. (NOTICE: No substitution or revision to this bond form will be accepted.) (City of Poway) Performance Bond - Page 2 of 2 (8/85) (~DNU~ENT) *'. State of * County of * * * * * * * * * On this the day of 19 , before me, )SS. ) the undersigned Notary Public, personally appeared [] personally known to me proved to me on the basis of satisfactory evidence be the ~erson(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official s~].. Notary' s Signature ********************************************** PA~m~ ACK~m.z~T *********************************************** State of On this the __ day of 19 , before me, )SS. County of ) the undersigned No~m~y Public, personally appeared ~] ~eZsor~l !y known to me proved to me on the basis of satisfactory evidence be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Norton's Signature ********************************************** ************************************************ * State of * * County of * * * * * * * * * * * * * * ** * * * * * * * * * * * * , , , , ( 6/84 ) On this the day of 19 , before me, )SS. ) , the undersigned Notary Public, personally appeared [] personally known to me proved to me on the basis of satisfactory evidence to the person(s) who executed the within inst_,nament as or on be3~!f of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official s-A!. Notary' s Signature ***************************** PmAWORMANCE BO~D ( ) We, , as Principal, and , as Surety, jointly and severally, fir~y bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Poway ("City") for palament of the penni susa of U.S. Dollars ($ ). City and Principal have entered into an agre~nent or are about to enter into the agree/~ent attached hereto and incorporated by reference, for the construction of public i~rovements for the above reference property. Surety herein approves of the ter~s and conditions of said agre~m~ent and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so per- form. Surety acknowledges that the agre~a~ent herein referenced shall be that docu- n~nt as executed by City and Principal. THE OONDITION OF THIS OBLIGATION IS SUC~ that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the cove- nants, conditions, and provisions in said agreeJ~_nt, and any alteration thereof made as therein provided, on Principal's part to be kept and perfor~ at the tira~ and in the manner therein specified, and shall inde~nify and save harness the City, City's Engineer, end their consultants, and each of their officials, directors, officers, ~loyees, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and r~m%ain in full force and effect. Surety agrees that should it fail to take over and diligently perform the agr~t upon Principal's default after notice and within the t~me specified in the agreement, Surety will pro~tly on demand deposit with City such amount as City may reasonably estimate as the cost of co~leting all of Principal's obligations. Surety's obligation for pala~ent herein shall extend notwiths~_nding any controversy between Principal and City regarding Principal's failure under the agrc~---ment. Principal and Surety agree that any paln~-nt by Surety purs,~nt to this paragraph should be conclusively presu~ between the parties herein to relieve, as demanded, Surety's obligations herein and shall be dee~ proper paym~_nt as between Principal and Surety. Surety agrees that no change, extension of tir0e, alteration, or addition to the terms of the agreement, or the work to be perfor~ thereunder or the plans and spe- cifications, or any matters unknown to Surety which might affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof. Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sura. (City of Poway) (8/85) Performance Bond - Page 1 of 2 Executed this__ day of (Seal of Corporation) PRINCIPAL (Attach Acknowledgment of Principal) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California ( ) Surety Co~p~y Name Street Number City and State Telephone Number Street Number City and State Telephone Number (Attorney in Fact or other Representative) APPROVED: (Attach Acknowledgment) ) Ccmpany Agent Street Number City and State Telephone Number City Attorney Furnish the name, address and phone number of the Company Agent as well as the Surety Company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department, (their bonds will be limited to such amounts as wouldbeaccept~hle to the Treasury Department) and otherwise n~cct the requirements of paragraph 5 of the agreement. (NOTICE: No substitution or revision to this bond form will be accepted.) (City of Pcway) (8/85) Performance Bond - Page 2 of 2 *'. State of On this the __ day of 19 , before me, * )SS. County of the undersigned Notary Public, personally appeared ~ personally known to me proved to me on the basis of satisfactory evidence be the person (s) whose name (s) subscribed to the within instrument, and acknowledged that executed it. W/TNESS my hand and official seal. Notary' s Signature ********************************************** *********************************************** State of County of On this the __ day of 19 , before me, )SS. ) , the undersigned Notary Public, personally appeared proved to me on the basis of satisfactory evidence be the person(s) who executed the within instinanent on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official s~a!. *********************************************** State of On this the __ day of 19 , before me, )SS. County of ) , the undersigned Notary Public, personally appeared [] [:~_r$oP~1 ly known to me proved to me on the basis of satisfactory evidence to the person(s) who executed the within instrument as or on be]~]f of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official sm]. Notary' s Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * ( 6/8 4 ) PA_VMI~ BOI~ ) We, , as Principal, and , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Poway ("City") for payment of the penal sum of U.S. Dollars ($ ). City and Principal have entered into an agrc~ment or are about to enter into the agre~nent attached hereto and incorporated by reference, for the construction of public improvements for the above reference property. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so per- form. Surety acknowledges that the agreement herein referenced shall be that docu- ment as executed by City and Principal. If Principal or 'any of Principal's contrac- tors or subcontractors, fails to pay any of the persons named in Title 15 of the California Civil Code employed in the performance of the agrc~ment for materials fur- nished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety will pay the same in an amount not exceeding the sum specified above, and also will pay, in case suit is brought upon this bond, such reasommhle attorney's fees as shall be fixed by the Surety agrees that it will pay the amounts due the persons above named and dili- gently perfom the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perfom within the times spec- ified in the agreement, Surety will promptly on demand deposit with City such amount as City my reasonable estimate as the cost of completing all of Principal's obliga- tions. Surety's obligation for payment herein shall extend notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety purs,~mnt to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety. This bond shall inure to the benefit of any and all of the persons named in Title 15 of the California Civil Code, so as to give a right of action to them or their ~ assigns in any suit brought upon this bond. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk shall in any way affect its obligation on this bond, and it does thereby waive notice thereof. (City of Poway) (8/85) Payment Bond - Page 1 of 3 Materials) Principal and Surety agree that should City become a party to any action on this bond that each will also pay City's reason_able attorney's fees incurred therein in addition to the above sums. Executed this day of (S~a] of Corporation) , 19 PRINCIPAL (Attach Acknowledgment of Principal) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California ( ) Surety Company City and State Telephone Number Street Number City and State Telephone Number (Attorney in Factor other Representative) APPROVED: (Attach Acknowledgment) ) Company Agent Street Number City and State Telephone Number City Attorney (City of Poway) Payment Bond - Page 2 of 3 (8/85) (T~hor & Materials) Furnish the name, address and phone number of the Cc~pany Agent as well as the Surety Company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Departmant, (their bonds will be limited to such amounts as would be acceptable to the Treasury Department) and otherwise meet the requirements of paragraph 5 of the agreement. (NOTICE: No substitution or revision to this bond form will be accepted. ) (City of Poway) Payment Bond - Page 3 of 3 (8/85) (Tabor & Materials) State of On this the __ day of 19 , before me, )SS. County of ) the undersigned Notary Public, personally appeared proved to me on the basis of satisfactory evidence be the person (s) whose name (s) subscribed to the within instrument, and acknowledged that executed it. WITN%~S my hand and official seal. Notary' s Signature P~ ACKNO~V~ S~teof On this the __ day of 19 , before me, ) SS. ) the undersigned Notary Public, personally appeared [] personally known to me proved to me on the basis of satisfactory evidence be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Notary' s Signature State of On this the __ day of 19 , before me, ) SS. County of ) the undersigned NOTary Public, personally appeared [] personally known to me proved to me on the basis of satisfactory evidence to the person(s) who executed the within instrument as or on bell f of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notmry' S Signature (6/84) Note: Letter must be submitted on bank letterhead with resolution or other documentation identifying signature as bank officer authorized to sign on behalf of bank. CITY OF POWAY P.O. Box 789 13325 Civic Center Drive Poway, CA 92064 Attention: Director of Public Services Reference: Irrevocm_ble Letter of Credit No. Gentlemen: This Letter of Credit is given to fulfill the requir~nents of that certain agreement entered into between the City of Poway, a political subdivision of the State of Califofhla, hereinafter referred to as "City", and hereinafter referred to as "Principal" covering certain improvements installed in that certain subdivision known and designated as by Principal and in accordance with said agrcc~w~nt. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. in the amount of U.S. Dollars ($ ), to be paid by drafts at sight on us if accom- panied by the following documents: City's written statement (signed by the Director of Public Services, City Manager, or City Attorney) certifying that there has been failure of the Principal to perform the above agrc~nent. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable. IT IS AG~k~D that the above funds are guarant~d for payment and said funds shall become trust funds for the purposes set forth herein as required by Section 66499.6 of the Government Code of the State of California. It is a condition of this Letter of Credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improv~nent Standards of the City of Pow~y, as authorized by Section 66499.7 of the Government Code. All drafts under this letter of credit shall be marked: (City of Poway) (8/85) Letter of Credit - Page 1 of 2 Letter of Credit Page 2 NAME OF BANK ADDRESS IRREVOCABLE ~ OF CNRDIT NO. We expressly agree with you that all drafts drawn under and in compliance with the terms of this Letter of Credit shall meet with due honor upon presentation. Further, that all drafts shall be delivered to City in accordance with Cal. Cc~n. Code SS 5112. This letter of credit shall be deemed automatically extended without amendment one (1) year from the present and anD,,~]ly thereafter unless sixty (60) days prior to any such date bank shall notify City Clerk, by registered letter, that bank elects not to renew for such additional one year. In any event, this guarantee Letter of Credit shall expire forty-five (45) days after City's approval of the foregoing improvements and the recordation of the Notice of Acceptance. DATED: BY: AUTHORIZING AGENT OR REP9W-qENTATIVE Letter of Credit - Page 2 of 2 (City of Poway) (8/85) AGrEemeNT OF DEPOSIT TO SB(I~E ~RWA~T WITH CITY OF POWAY WHEREASw ("limNER"), has or is about to enter into an agreement with the City of Poway ("CITY") for the construction of public improv~uents for the above referenced property ("work"), a copy of which is attached hereto and incorporated by reference; and WHEREAS, the undersigned FINANCIAL INSTITUTION herein approves of the terms and conditions of said agre~uent. FINANCIAL INSTITUTION acknowledges that the agreement attached hereto shall be that document as executed by CITY and OWNER. WHEREAS, OWNER is required under the terms of said agrc~---ment to provide security for the performance thereof and for payment to those furnishing labor, materials or equipment; and WHEREAS f ("FINANCIAL INSTITUTION"), is a financial institution subject to regulations by the State of C~]ifornia or United States (a bank or a savings and loan association) and operating in the County of San Diego. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Deposit in Lieu of Bond To carry our said agreement, to give assurance to CITY of performance and to secure payment to those furnishing labor, materials or equip- mant, and in lieu of a bond, OWNER shall deliver to CITY three (3) certificates of deposit or other certificates of deposit or account issued by FINANCIAL INSTI%~3TION payable to the order of CITY, in the following anDunts: (a) TWo Certificates of Deposit Securing Faithful Performance in the sums of $ , (90% and 10% respectively, of City approved cost estimate) to secure faithful performance by OWNER of all of the terms of said agreement, and any modification thereof, at the times and in the manner therein specified; and (b) Certificate of Deposit Securing Payment in the sum of $ (50% of City approved cost estimate) to secure pa~t to all those entitled to file claims under appli- cable provisions of the California Civil Code (hereinafter called claimant), including all contractors, subcontractors, laborers, materialman and other persons employed in the performance of said (City of Poway) (8/85) Agr~ment of Deposit - Page 1 of 5 agreement and to secure payment of any amounts due under the Unemployment Insurance Act for said work or labor, and to the extent not used to make such payments, as an additional sum to secure the faithful performance of the agreement. 2. use of Certificates of Deposit Securing Faithful Performance Said certificates of deposit, and all renewals thereof, shall be held and used only as follows: (a) Upon acceptance of the work by CITY, CITY shall deliver the cer- tificate of deposit equal to 90% of the estimated cost to FINANCIAL INSTI~3TION. (b) One (1) y~ar after said acceptance (warranty security period), providing OWNER has then complied with all of the terms of said agreement, CITY shall deliver the certificate of deposit equal to 10% of the estimated cost to FINANCIAL INSTITUTION. (C) Should OWNER fail to perform any of Owner's obligations under said agreement, and any modification thereof, at the times and in the manner therein specified, CITY may at its option, take over and perform any and all such obligations and work, pay for any labor, materials and equipment furnished or necessary for said work, and pay any attorneys' fees CITY may incur with or without suit in enforcing said agreement and this Agreement of Deposit, using without court process the proccc~ls from the certificates of deposit, including any accrued interest. (d) FINANCIAL INSTITUTION shall pay to CITY upon written demand, in cash or other tender satisfactory to CITY, the amount of demand up to the face value of said certificate of deposit and any earned interest thereon. Said demand will be conclusively presumed by FINANCIAL INSTITUTION and OWNER to relieve FINANCIAL INSTITUTION from any liability for payment pursnant to this agreement is said dewand states that GWNER has failed in any respect to perform the terms of the agrc~--ment secured hereby and any obligation thereof at the times and in the manner described by CITY. Determination of any failure of OWNER herein shall be within the sole discretion of CITY. FINANCIAL INSTITUTION shall make payment to CITY not- withstanding any controversy between CITY and OWNER as to the amount of cost to CITY. The demand herein shall include only those sums expended by CITY in accoraance with paragraph 2(c) above o 3. Payment of Certificate of Deposit Fund Securing Payment Said certificate of deposit, and all renewals thereof, shall be held and used only as follows: (City of Poway) Agreement of Deposit - Page 2 of 5 ( 8/85 ) (a) Six (6) months after filing for record of Notice of Acceptance, CITY shall deliver said certificate of deposit to FINANCIAL INSTITUTION, less: a sum equal to the total of all claims of those specified in Paragraph l(b) on which an action to enforce a stop notice or to enforce payment hereunder has ~c~n filed, plus a sufficient amount to pay all of CITY's reasoD_~le attorneys' fees and costs which CITY may incur, with or without suit, in connec- tion with such claims; and the amounts necessary to complete any unfulfilled obligations of OWNER referred to in Paragraphs l(a) and 2 hereof. (b) The entire certificate of deposit, less amounts released as pro- vided in Paragraph 3(a) shall be applied to payment of the claims, attorneys' fees and costs specified in Paragraph 3(a). (c) ~ch claimant shall have a direct right of recovery in an action against said certificate of deposit and not CITY. A claimant shall also, if successful, have a right to recover reasonable attorneys' fccs from said certificate of deposit. (d) Since said certificate of deposit is established in lieu of a pay- ment bond, it is the intention of the parties that the rights of claimants be governed by all procedural requirements, including notices and statutes of limitations, applicable to stop notices and payment bonds for public works set forth in the California Civil Code. CITY assumes no responsibility that such requirements will be held to be applicable. OWNER agrees to hold CITY free and harmless for all claims asserted after release although not noticed, or commenced or prosecuted as set forth in the Civil Code. (e) To the extent not required to make payment to claimants, FINANCIAL INSTITUTION and OWNER agree that the entire certificate of deposit will be held for and paid over to CITY in accordance with Paragraph l(a) and 2(c) and (d) hereof if OWNER has failed to per- fora the agreement. 4. Maturities, Renewals and Interests Said certificates of deposit shall initially have maturities coinciding with estimated release dates and shall be renewed from time to time by FINANCIAL INSTITUTION in the event the obligations of OWNER have not been completed at the maturity dates upon presentment by CITY of the certificates, together with a request for renewal. Unless otherwise specified by OWNER, such renewals shall be made on a 90-day basis. E~cept where interest earned on said certificates of deposit are retained by CITY to complete the agreements of OWNER, interest earned on said certificates of deposit shall belong to OWNER or FINANCIAL INSTI~ION as may be agrccd upon between them. CITY is not to be con- cerned nor shall CITY have any responsibility for the rate of interest ~arned on said certificates of deposit. CITY will assum~ that the stated interest has been agreed upon by FINANCIAL INSTITUTION and OWNER. (City of Poway) Agr~en. t of Deposit - Page 3 of 5 (8/85) 5. Insolvency, Assignment and Third Party Claims OWNER agrees that certificates of deposit shall be used only for the purposes herein specified, and further, that no part of said cer- tificates of deposit or any interest therein may be anticipated, assigned or encumbered or subject to any creditor's claims or to legal process until the obligations secured thereby have been fully per- formed. Prohibitions in this paragraph do not apply to the assignment or security interest which FINANCIAL INSTITUTION now has or may acquire in the certificates of deposit, provided that any such assignment or security interest is subordinate to the rights of CITY therein pursuant to this agreement. Nor shall the interests of CITY be terminated or suspended by reason of death, dissolution, insolvency or bankruptcy of the OWNER or the pendency of any insolvency or receivership procccding involving OWNER. 6. Extensions, Notices and Waiver No change, extension of time, alteration, or addition to the terms of the agreement, or to the work to be performed thereunder, or the speci- fications accompanying the same, or failure of CITY to give notices of dmfaults Qr claims, shall in any wise affect the obligations under this agreement, and the parties do hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement, or to the work or to the specifications, or of defaults or of claims. 7. Benefit of Parties 0nly Except as provided in Paragraph 3 hereof, this Agrc~---u~_nt of Deposit is not made for nor intended to be for the benefit of anyone not a party to this agreement, including those furnishing labor, materials or equiL~ent, but is made for and intended only for the benefit of the undersigned. (City of Poway) (8/85) Agreement of Deposit - Page 4 of 5 CITY OF POWAY Marjorie K. Wahlsten City Clerk (Print or type name) Signature (Print or type name) Signature ACCEPTED: FINANCIAL INSTITUTION city Attorney (Print or type name) ADD9~S: (Title) (Title) (Acknowledgment of execution of the OWNER and FINANCIAL INSTITUTION n~3st be attached. ) (NOTICE: No substitution or revision to this form will be accepted.) (City of Poway) Agrc~---~ent of Deposit - Page 5 of 5 (8/85) * * - State of * County of * * * * * On this the __ day of 19 , before me )SS. ) the undersigned Notary Public, personally appeared [] personally known to me proved to me on the basis of satisfactory evidence be the person (s) whose name (s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official s~!. Notary' s Signature ********************************************** * State of On this the __ day of 19 , before me, County of ) SS. ) the undersigned Notary Public, personally appeared ~ personally known to me proved to me on the basis of satisfactory evidence be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Notary' s Signature ********************************************** ************************************************ State of On this the day of 19 , before me, )SS. County of ) , the undersigned Notary Public, personally appeared ~ persoDa~ly known to me proved to me on the basis of satisfactory evidence to the person(s) who executed the within instrument as or on he. If of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary' s Signature * * * * * * * * * * * * * * * * * * * * * * * * * ( 6/84 ) ~J~RW~NT OF DEPOSIT OF CASH TO S~3RE ~~ ~ ~ OF ~ ( ) WHEREAS w f ("OWNER"), has or is about to enter into an agreement with the City of Poway ("CITY") for the construction of public improvements for the above referenced property ("work"), a copy of which is attached hereto and incorporated by reference; and WHEREAS, OWNER is required under the terms of said agreement to provide security for the performance thereof and for payment to those furnishing labor, mterials or equit~nent and has elected to deposit cash in satisfaction of said requirement. NOW, THEREFORE, it is agrc~ by and between the parties hereto as follows: 1. Delivery of Funds to City To carry our said agreement, to give assurance to CITY of performance and to secure payment to those furnishing labor, mterials or equip- ment, and in lieu of a bond, OWNER shall deliver to CITY a cashier's or certified check(s) payable to the order of CITY, in the following amounts: (a) Cash Deposit Securing Securing Faithful Performance in the sum of $ , (100% of City approved cost estimate) to secure faithful performance by OWNER of all of the terms of said agrc~---ment, and any rrodification thereof, at the times and in the manner therein specified; and (b) Cash Deposit Securing Payment in the sum of $ (50% of City approved cost estimate) to secure payment to all those entitled to file claims under applicable provisions of the C~]ifornia Civil Code (hereinafter called Claimant), including all contractors, subcontractors, laborers, materi~l,~en and other per- sons employed in the performance of said agreement and to secure payment of any amounts due under the Unemployment Insurance ACt for said work or l~hor, and to the extent not used to make such payments, as an additional sum to secure the faithful performance of the agreement. 2. Deposit, Release, and Use of Funds by City (a) Within ten (10) working days of the receipt of funds by CITY, CITY shall deposit said funds into three (3) certificates of deposit with a bank or savings and loan (hereinafter, "FINANCIAL INSTI~OTION'') in the City of Poway, in the name of the City of Poway, at a market rate of interest for the amount of said funds. One certificate of deposit shall be in a principal sum ec~] to 90% of the City approved cost estimate, one in a principal sum equal to 10% thereof, and one in a principal sum equal to 50% thereof. If the amount of any such deposit is insufficient to qualify for a certificate of deposit, said amount shall be deposited in a passbook savings account at a market rate of interest. (City of Pow-ay) (8/85) Agreement of Deposit of Cash - Page 1 of 4 (b) No single certificate of deposit shall excc~ the maximum deposit insured by the appropriate Federal Institution (F. D. I .C. or F.S.L.I.C. ). If necessary, the CITY may make arrangements with more than one FINANCIAL INSTI%~JTiON to secure the total amount required in the CITY approved cost estimate with multiple cer- tificate of deposit as described in l(a) and (b). (c) Upon acceptance of the work by CITY, CITY shall release the cer- tificate of deposit ec~nl to 90% of the estimated cost to OWN~. (d) One (1) year after said acceptance (warranty security period), providing OWNER has then oomplied with all of the terms of said agreement, CITY shall release the certificate of deposit equal to 10% of the estimated cost to OWNER. (e) Should OWNER fail to perform any of Owner's obligations under said agreement, and any modification thereof, at the times and in the manner therein specified, CITY may at its option, take over and perform any and all such obligations and work, pay for any labor, materials and equipment furnished or necessary for said work, and pay any attorneys' fees CITY may incur with or without suit in enforcing said agreement and this Agreement of Deposit, using without court process the proccc~ds from the certificates of deposit, including any accrued interest. (f) FINANCIAL INSTITUTION shall pay to CITY upon written d~mand, in cash or other tender satisfactory to CITY, the a~ount of demand up to the face value of said certificate of deposit and any ~arned interest thereon. Said demand will be conclusively presume~_ by FINANCIAL INSTI~3TION and OWNER to relieve FINANCIAL INSTITUTION from any liability for payment purs,,ant to this agrc~--~_nt. Determination of any failure of OWNER herein shall be within the sole discretion of CITY. FINANCIAL INSTITUTION shall make payment to CITY notwithstanding any controversy between CITY and C~NER as to the amount of cost to CITY. The demand herein shall include only those sums expended by CITY in accor8_~nce with paragraph 2(d) above o 3. Payment of Certificate of Deposit Fund Securing Payment Said certificate of deposit, and all renewals thereof, shall be held and used only as follows: (a) Six (6) months after accept_~nce of work by City, CITY shall release said certificate of deposit to OWNER, less: a sum equal to the total of all claims of those specified in Paragraph l(b) on which an action to enforce a stop notice or to enforce payment hereunder has been filed, plus a sufficient amount to pay all of CITY's reasonnhle attorneys' fees and costs which CITY may incur, with or without suit, in connection with such claims; and the amounts necessary to complete any unfulfilled obligations of OWNER referred to in Paragraphs l(a) and 2 hereof. (b) The entire certificate of deposit, less amounts released as pro- vided in Paragraph 3(a) shall be applied to payment of the claims, attorneys' fees and costs specified in Paragraph 3(a). Agr~-Tent of Deposit of Cash - Page 2 of 4 (City of Poway) (8/85) (d) (e) Each claimant shall have a direct right of recovery in an action against said certificate of deposit and not CITY. A claimant shall also, if successful, have a right to recover reasonable attorneys' fees from said certificate of deposit. since said certificate of deposit is established in lieu of a pay- ment bond, it is the intention of the parties that the rights of claimants be governed by all procedural requirements, including notices and statutes of limitations, applicable to stop notices and payment bonds for public works set forth in the California Civil Code. CITY assumes no responsibility that such requirements will be held to be applicable. OWNER agrees to hold CITY free and harmless for all claims asserted after release although not noticed, or c~,,,~nced or prosecuted as set forth in the Civil Code. To the extent not required to make payment to claimants, OWNER agrees that the entire certificate of deposit will be held for and paid over to CITY in accordance with paragraph l(a) and 2(d) and (e) hereof if (]WNER has failed to perform the agreement. 4. Maturities, R~newals and Interests Said certificates of deposit shall initially have maturities coinciding with estimated release dates and shall be renewed from time to time by FINANCT_ AL INSTITUTION in the event the obligations of OWNER have not been completed at the maturity dates upon presentment by CITY of the certificates, together with a request for renewal. Unless otherwise specified by OWNER, such renewals shall be made on a 90-day basis. Except where interest earned on said certificates of deposit are retained by CITY to complete the agreements of OWNER, interest e~rned on said certificates of deposit shall belong to (IWNf~ or FINANCIAL INSTITUTION as may be agrcc~ upon between them. CITY is not to be con- cerned nor shall CITY have any responsibility for the rate of interest earned on said certificates of deposit. 5. Insolvency, Assignment and Third Party Claims OWNER and CITY agree that the certificates of deposit shall be used only for the purposes herein specified, and further, that no part of said certificates of deposit or any interest therein may be antici- pated, assigned or encumbered or subject to any creditor's claims or to legal process until the obligations secured thereby have been fully performed. The interests of CITY in the certificate of deposit shall not be terminated or suspended by reason of death, dissolution, insolvency or bankruptcy of the GWNER or the pendency of any insolvency or receivership procccding involving GWNER. (City of Poway) (8/85) Agreement of Deposit of Cash - Page 3 of 4 6. Extensions, Notices and Waiver No change, extension of time, alteration, or addition to the terms of the agreement, or to the work to be performed thereunder, or the speci- fications accompanying the same, or failure of CITY to give notices of d~faults or claims, shall in any wise affect the obligations under this agreemmnt, and the parties do hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agrc~ent, or to the work or to the specifications, or of defaults or of claims. 7. Benefit of Parties Only Except as provided in Paragraph 3 hereof, this Agreement of Deposit is not made for nor intended to be for the benefit of anyone not a party to this agrcc~ment, including those furnishing labor, materials or equipment, but is made for and intended only for the benefit of the undersigned. CITY OF POWAY Mmrjorie K. Wahlsten · City Clerk (Print or type name) Signature (Print or type name ) Signature APPROVED AS TO FORM: City Attorney (Acknowledgment of execution of the OWNER and FINANCTAL INSTITUTION n~st be attached. ) (NOTICE: No substitution or revision to this form will be accepted.) (City of Poway) (8/85) Agreement of Deposit of Cash - Page 4 of 4 C~IFIC. AT~ OF INSURANCE A~D ESDORS~T (nTABILITY) ( ) Agreeraent with the City of Poway ("City"), P.O. Box 785, Poway, California 92064, for the construction of public improvements for the above referenced property. THIS IS TO CRRTIFY that the undersigned has reviewed the attached Standard Agreement and that the following insurance policies have ~n issued to the named insured and are now in force with expiration date(s) and limits as stated below: ISSUING OOMPANY AND POLICY ~JMBER EXPIRATION DATE A® LTMITS OF LIABILITY IN Thousands (000) Each Occurrence GRNERAL LIABILITY Bodily Injury $ .Property Damage $ Bodily Injury and Property Damage Combined $ Personal Injury $ Bo ~BILE ~JABILITY Bodily Injury (Each Occurrence ) $ Property Damage $ Bodily Injury and Property Damage Combined $ Co EXCESS LTABILITY Bodily Injury and Property Damage Combined The following types of coverage are included in said policies (indicated by "X" ): A. ~TERAL r.TABILITY Ccr~rehensive Form ................................................ Yes No Explosion and Collapse Hazard ...................................... Yes No Underground Hazard ................................................. Yes No Products/Collapse Hazard ........................................... Yes No Contractua] Insurance .............................................. Yes No Broad Form Property Damage Including Completed Operations .......... Yes __ No Independent Contractors ............................................ Yes No Persona] Injury .................................................... yes No B. AUTOMOBILE LIABILITY _Comprehensive Form ................................................. Yes No Owned .............................................................. Yes No Hired .............................................................. Yes No Non-Owned ........................................................... Yes No C. EXCw-qS rJABILITY Umbrella Form ...................................................... Yes No other Than Umbrella Form ........................................... Yes No (8/85) Certificate of Insuranceand Endorsement (Liability) - 1 of 3 The City, City's Engineer, and their consultants, and each of their officials, direc- tors, officers, agents, and ~mployees are included as additional insureds under each policy specified on page 1 but only while acting in their capacity as such end only as respects operations of the origir~] named insureds, their contractors, any sub- contractor, any supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any one of them may be liable in the performance of the above- referenced agreement. The insurance afforded the additional insureds is primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have. The insurance shall not apply if the loss or damage is ultimately determined to be the proximate result of the sole and exclusive negligence (including any connected with the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications) of one or more of the aforesaid additional insureds. The Contractual Coverage specified on page 1 is sufficiently broad to insure all of the matters set forth in Paragraph 4 of said agrc~ent other than those matters set forth in-the last paragraph thereof. The Insurance Company will give at least 45 days written notice by registered mail to the City prior to any material change or cancellation of its pelicy. Named Insured Street Number City and State Date Insurance Company Street Number City and State By (Company Representative ) Insurance Cc~pany Street Number City and State (Company Representative) Insurance Company Street Number City and State (Ccmpany Representative ) SEE NOTICE AND ACKNOW~.~ ON PAGE 3 (8/85) Certificate of Insurance and Endorsement (Liability) - 2 of 3 STATE OF ) ) SS. O0UNTY OF ) On representative of , before me, personal l.y ca~ known to me to be an authorized Upon being duly sworn, he/she deposed and said that he/she was a duly authorized representative of said insurance company(s) and acknowledged that he/she executed the within instrument on its/their behalf. Insurance Company Agent For Service of Process in California: Street Number city and State City and State Telephone Number Telephone Number (NOTICE: No substitution or revision to the above certificate will be accepted. To be acceptable, insurers must be authorized to do business and have an agent for service of process in California and have an "A" policyholder's rating and a financial rating of at least Class XI in accora_~nce with the most current Best's Ratings. ) IF MORE THAN ONE AGENCY, FURNISH CRRTIFICATES OF INSURANCE AND ENDORSEMENTS BY EACH AGRNCY FOR INSURANCE ODMPANY IT REPNW-RENTS. Certificate of Insurance and (8/85) Endorsement (Liability) - 3 of 3 C~IFICATE OF INSURANCE A~D E~XMUqR~ (WORKM~' S COMPENSATION) Agreement with the City of Poway ("City"), P. O. Box 785, Poway, California, 92064, for construction of public improv~m~_nts for the above referenced property. THIS IS TO CRRTIFY that the below named Ccmpany has issued the worker's compensation and employer's liability policy to the named insured and it is now in force at this time with expiration date as stated below. The Company will give at least 45 days written m~tice by registered mail to the City prior to any material change or cancellation of the policy. The policy is so endorsed. POLICY NUMBER EXPIRATION DATE LIMITS OF T.TABILITY Statutory Limits Under the Laws of the State of California Insurance Cc~pany Street Number City and State Date City and State STATE OF ) ) ss. GOUNTY OF ) On 19 (Cc~pany' s Representative) SEE NOTICE ON PAGE 2 authorized representative of , before me, personally came known to me to be an Upon being duly sworn, he/she deposed and said that he/she was a duly authorized representative of said insurance company(s) and acknowledged that he/she executed the within instrumsnt on its/their behalf. NOTARY PUBLIC Certificate of Insurance and Endorsement (8/85) (Worker's Compensation) 1 of 2 Insurance Company Agent For Service of Process in California: Street Number City and State City and State Telephone Number Telephone Number (Notice: No substitution or revision to the above certificate will be accepted. To be acceptable, insurers must be authorized to do business and have an agent for ser- vice of process in California and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the most current Best's Ratings. ) Certificate of Insurance and Endorsement (8/85) (Worker's Compensation) 2 of 2 *" State of On this the day of 19 ., before * * 'County of the undersigned Notary Public, personally aPi~red ~ persoD~] ]y known to me proved to me on the basis of satisfactory evidence be the person (s) whose name (s) sub~cribe~ to the within inset, and acknowl_~%3ed that executed it. ~ITNESS my hand and official seal. Signature ********************************************* PA~n~mu~n~ ********************************************** * * * * * * * * * * * * * * * State of On this the __ day of 19 ,= before m~ )SS. County of ) the undersigned Noea~y Public, persona] ]y appeared ~ ~ersonally kno~ to me proved to me on the basis of satisfactory evidence be the person(s) who executed the within instrunent on behalf of the partnership, and acknowl_~%3ed to me that the partnership eY__~uted it. WITNESS my hand and official seal. Notary' s Signature _ _ _~3~- ACKNO~n"&~T ************************************************ State of On this the )SS. County of the una~rsigned Notary Public, E:~_rson.~l ly appeared ~ perso~a] ly known to me proved to me on the basis of satisfactory evidence to the person(s) who executed the within inset as or on beJ~lf of the corporation therein named, and acknowledged to me that the corporatio executed it. WITNESS my hand and official seal. Notary. s Signature *********************************************** ( 6/8 4 ) ( ) WfTRREAS, The City Council of the City of Poway, State of California, hereinafter referred to as "City" and hereinafter designated as "principal", have entered into an agreement whereby prin- cipal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as "STAbDARD AGB,:,~_/gT FOR CONSTRUCTION OF PUBLIC IMPROVE24ENrfS'' - , is hereby referred to and made a part hereof; and W~EREAS, said principal is required under the terms of said agreement to furnish a bond which will ~rantee and warrant the work performed under said agreement. NOW, THEREFORE, we, the principal, and surety, are held and firmly bound unto City in the penal sum of dollars ($), lawful money of the United States, for the payment of this bond obligation, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that, if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things agree to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall ind~m_ify and save harmless the City of Poway, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulated and agrees to ~arantee the warranty of the work performed under the terms of the agreement as hereiDa~ter provided for a period of one (1) y~ar, following the completion and express acceptance by City, against any defective work or labor done, or defective materials furnished in performance of the agrc~ment with the City all as more particularly set forth in paragraph 9 of said agrc~---ment. Surety agrees that it will pay the amounts due City and diligently perform the agrc~--T~nt upon principal's default after notice and within the time specified in the agrc~---Tent. If principal fails to perform within the times specified in the agreement, surety will promptly on demand deposit with City such amount as City may reasor~hle estimate as the cost of ccxmpleting all of principal's obligations. Surety's obligation for payment herein shall extend notwithstanding any controversy between principal and City regarding principal's failure under the agreement. (8/85) Warranty Bond - 1 of 3 WARRANTY~ Page 2 Principal and surety agree that any payment by surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, surety's obligation herein and shall be deemed proper payment as between principal and surety. This bond shall inure to the benefit of any and all of the persons named in Title 15 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety agrees that no change, extension of tim~, alteration, or addition to the terms of the agrcc~ment, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to surety which might affect surety's risk shall in any way affect its obligation on this bond, and it does hereby waive notice thereof. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reason_~ble expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no maintenance work performed on said improvements by City or its agents shall in any way. affect its obligations on this bond, and it does hereby waive notice of any such maintenance work. IN WITNESS WHERfDF, this instrument has ~c~n executed by principal and surety above named, on , 19 , at , California. PRINCIPAL Seal of Corporation (Attach acknowledgement of principal ) (8/85) Warranty Bond - 2 of 3 WARRANTY~ Page 3 Any claims under this bond may be addressed to: Surety's agent for service of process in California: ( ) (check one) Sure. Company City and State City and State "~'" Telephone Number APPROVED: Telephone Number ( ) (Attorney in Fact or other Representative ) (Attach Acknowledgment ) C~L%pany Agent City Attorney City and State T~ep~neNumber Furnish the nameand ad. ess and phone number of the Co~kany ~ent as well as the S~e~Company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department in addition to requirements contained within the Agr~-~ent, and their bonds will be limited to such amounts as would be acceptable to the Treasury o (NOTICE: No substitution or revision to this bond form will be accepted. ) Warranty Bond - 3 of 3 (8/85) Agrc~--aent Date C~RTIFICATE OF __cOMPLETION OF STASI)ARD AG~RF~4ENT FOR ODN~-'WJCTION OF PUBLIC ~S ( ) To induce the CITY OF POWAY ("CITY") to accept all the work under the above dated Stanaard Agreement for Construction of Public Improvements between CITY and OWNER for the above referenced property, OWNER as to all the work, and CONTRACTOR as to the phase of the work referenced below, each represent and certify to CITY as follows: 1. All the work described in said Agreement has been fully and completely performed in strict conformity with the Agreement; and 2. Except for final payments due CONTRACTOR or subcontractors which are contingent upon CITY'S acceptance, all transportation, equipment, labor, service, permits, utilities, and all other items used in completing the work, have ~cn fully paid for. (Name) (Phase of Work) (Date) (Authorized Representative) (Title) (Name) (Phase of Work) (Date) (Authorized Representative) (Title) (Name) (Phase of Work) (Date) (Authorized Representative) (Title) (Name) (Phase of Work) (Date) (Authorized Representative) (Title) (Date) (8/85) Certificate of Completion - 1 of 1