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