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Home My WebLink AboutContracts & Agreements_83-2018PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 15t' day of May, 2018, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and GCI Construction, Incorporated (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows 1. SCOPE OF WORK- Contractor shall furnish all matenals and will perform all of the work for the following Lugonia Avenue Water Pipeline Replacement Project, Project No 71345 complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Lugoma Avenue Water Pipeline Replacement Project, Project No 71345 (the "Work") 2 THE CONTRACT SUM- City shall pay Contractor the sum of Two Hundred Sixty Nine Thousand Five Hundred Sixty Two Dollars ($269,562 00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within thirty calendar days (30) from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS This Contract incorporates by reference the following Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents") 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party I 1ca1djm\Agreements\GCI Construction docx 7 RESOLUTION OF CONSTRUCTION CLAIMS Any claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor I 1ca1djm1AgreementslGCl Construction doex IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) ATTEST JqgZe Donaldson, City Clerk I 1ca1djmlAgreeirientslGCI Construction docx City of Redlands (Owner) Paul W Foster, Mayor (SEAL) Name of Terry D Gillespie -President Title Signature of Authorized Agent (if necessary) Title #755356 Contractor's License No CALIFORNIAALL-PURPOSE■ •. A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California } County of Orange ) On May 23, 2018 before me, Janet Gillespie - Notary Public , Date Here Insert Name and Title of the Officer personally appeared Terry D Gillespie Name(p) of Srgner($) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/Ai subscribed to the within instrument and acknowledged to me that he/iH6/tMjW executed the same in his/Wi`/irl M authorized capacitygW, and that by his/Hif/tff V signature(i) on the instrument the person(b), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET GILLESPIE Notary Public — California Orange County r Commission # 2225348 My Comm Expires Dec 21 2021 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Signature of Notary P blic Place Notary Seal Above OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Signer(s) Document Date Other Than Named Above Capacity(ties) Claimed by Signer(s) Signer's Name ❑ Corporate Officer -- Title(s) ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other Signer Is Representing Signer's Name ❑ Corporate Officer -- Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other Signer Is Representing 02014 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800 876-6827) Item #5907 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department LUGONIA AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT No 71345 Every employer, except the State, shall secure the payment of compensation in one or more of the following ways a By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State b By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE x I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code section §1861) I affirm that all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct ` Dated this 15th day of May 72018 (SEAL) Terry b Gillespie -President (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) I 1ca1djm\Agreements\GCI Construction docx EXECUTED IN DUPLICATE BONA NUMBER 0736992 PREMIUM: $3,688.00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and GCI Construction, Incorporated (hereinafter designated as "Principal") have entered into an agreement dated May 15, 2018 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Lugonia Avenue Water Pipeline Replacement Project, Project No 71345 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and INTERNATIONAL FIDELITY INSURANCE , as Surety, are held and firmly bound unto the City in the COMPANY penal sum of Two Hundred Sixty Nine Thousand Five Hundred Sixty Two Dollars {$269,562} lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents 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 stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its 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 faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, 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 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option Complete the Agreement in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, I 1ca1djm\Agreements\GCI Construction docx shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may refect any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does 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 No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on MAY 17 , 2018 (Seal and Notarial Acknowledgement of Surety) 11ca1djm\Agreements\GCl Construction doex (SEAL) INTER TIONAL FIDEMY INSURANCE COMPANY u B —FACT MICHAEL D. TONG Si a re) ATTORNEY Address 2400 E. KATELLA AVE. ST50 ANAHEIN, CA 92806 Telephone ( 714 ) 602-9170 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy or validity of that document State of California ) County of Orange ) On May 23, 2018 before me, Janet Gillespie - Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie Name(p) of Signer($) who proved to me on the basis of satisfactory evidence to be the person($) whose name(4) is/ subscribed to the within instrument and acknowledged to me that he/ffii/*Hf executed the same In his/der`IMY authorized capacltyVo, and that by his/WOtfi& signature(i) on the Instrument the person(b), or the entity upon behalf of which the person(s) acted, executed the Instrument U7JANET GILLESPIE Notary Public — California Orange County a 'LIM Commission # 2225348 My Comm Expires Dec 21 421 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature � 1(0� Signat0re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing 02014 National Notary Association • www NationalNotary org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Riverside On S 6 -7 11 � before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(!X) is/axe subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/hoer/their authorized capacity(ias), and that by his/har/their signature( on the instrument the person($), or the entity upon behalf of which the person(x) acted, executed the instrument R HAPPY " COMM #! 2152652 Y NOTARY PUBLIC- CALIFORNIA "y RIVERS1f)E COUNTY my comm Exp .fungi 1, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature If Signature o otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02014 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800 876-6827) Item #5007 EXECUTED IN DUPLICATE BOND NUMBER 0736992 PREMIUM INCLUDED IN PERFORMANCE B LABOR AND MATERIAL BONDOND Whereas, the City Council of the City of Redlands, State of California, and GCI Construction, Incorporated (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated May 15, 2018, and identified as Lugonia Avenue Water Pipeline Replacement Project, Project No 71345 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Sixty Nine Thousand Five Hundred Sixty Two Dollars ($269,562) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition 11caldim\AueementslGCI Construction docx In witness whereof, this instrument has been duly executed by the Principal and surety above named, on MAY 17, , 2018 (SEAL) (SEAL) CI Co ruction, Inc. /-- INTERNATI NAL FIDELITY INSURANCE COMPANY ontr ( r BY Terry U, le ie jgn�(ture) President{Slgnatur Address. 2400 E KATEELA AVE. STE 2 (Sea] and Notarial Acknowledgement of Surety) ANAHEIM, CA 92806 Telephone. (714 )_602-9170 I 1caldjm\Agreements\GCI Construction docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s■ •. Twit -w-% A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Orange ) On May 23, 2018 before me, Janet Gillespie - Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D Gillespie Name($) of Signer($) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/i subscribed to the within instrument and acknowledged to me that he/06/fty executed the same in hisllANANldauthorized capacityoW and that by his/YW/tW signature(i) on the instrument the person(b), or the entity upon behalf of which the person(s) acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal JANET GILLESPIE Notary Public - Caliior6a z "' Orange County l Commission # 2225348 Signature My Comm Expires Dec 21 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Fl Other Signer is Representing Signer's Name ❑ Corporate Officer -- Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876 6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Riverside On Viz j1 before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(I&) Wake e subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/hoer/their authorized capacity(ios), and that by his/her/their signature(o on the instrument the person(R), or the entity upon behalf of which the person(s) acted, executed the instrument HAPPi G) r COMM # 2152662 w �v NOTARY pOBLIC CALIFORNIA WYER510ECWNTY ca , June 7, 2020 4Jiy COMM Exp I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Signature ef Alotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02014 National Notary Association www National Notary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 New Jersey, having their principal offce in the City of Newark, New Jersey, do hereby constitute and appoint MICHAEL D STON]G, JEREMY PENDERGAST Riverside, CA. their trueand lawful attorneys) -in fact to execute.,. seal and deliver for and on its behalf as surety, any and. all bonds and undertakings, contracts of indemnity and other writings obliga#ory to the nature thereof, which are or may be allowed, required or permitted by laser,. statute, rule, regulation, contract or otherwise, and the execution of such instrument(s} in pursuance of these presents shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attornev is executed and may be: revoked, pursuant to and by authority of the By Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by alltharity of the followingresolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015: "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President Vice President or Secretary .of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact .or :agents. with. power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, reccgnizances, contracts or indemnity and other written obligations in the nature thereof or related thereto, and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-controFcustodians, agents for acceptance of process, anti Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertakingg recognizance; contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whetfler heretofore or hereafter, being hereby adopted by the Corporation as the original ,signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed, IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December 2016 STATE OF NEW JERSEY �k Gp.SUA.I County of Essex tt1 q 4 1936 w *. George R. James Executive Vice President (International Fidelity V JERs� Insurance Companyland Vice President (Allegheny Casualty ompany) On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein desoribed and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY , that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies, '11`t'j11tf1j'rr,r IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written U� NOTARY�� _ `- PUBLIC y: Nom. A NOTARY PUBLIC OF NEW JERSEY ,`��•1� My Commission Expires April ifi 2039 rrrrrrQr ]UWN 0�� CERTIFICATION i, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that i have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home ofnce of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of. " t ox �t A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS 5!2412018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Compass Direct Insurance Services, Inc 13681 Newport Ave, Ste 8 #622 Tustin, CA 92780 CONTACT NAME_ Jeremy Seltzer PHONE 714 665 9800 FAX No). 714 665 9801 E-MAIL ADDRESS. 'erem cdisi.com INSURER(S) AFFORDING COVERAGE NA[C If GLP2068962 INSURERA Great American Assurance Company 26344 www cdisi com License #0H16100 INSURED GCI Construction, Inc 1031 Calle Recodo, Ste D INSURER B . Wesco Insurance Company 25011 INSURERC. Insurance Company of the West 27847 INSURERD, RSUI Indemnity Company 22314 San Clemente CA 92673 INSURER E . AGCS Marine Insurance Company 22837 INSURERF Westchester Surplus Lines Insurance Co 10172 COVERAGES C:FRTIFICATF NUMBER A9nA7AF9 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIODIYYYY POLICY EXP MM1DDtYYYY LIMITS ,A, ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑✓ OCCUR �/ �/ GLP2068962 4/1/2018 4/1/2019 EACH OCCURRENCE 51000000 PREMISES (Ea occurrence) $50,000 MED EXP (Any one person) S Excluded ✓ Owner'slCont Pro ✓ XCU1Deductlble $5,000 PERSONAL B ADV INJURY $1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s2000,000 PRODUCTS COMPIOPAGG $2,000,000 POLICY [z] JPRO ECT LOC Employee Benifits $1 000 000 OTHER B AUTOMOBILE LIABILITY ✓ ✓ WPP15162D1 01 4/1/2018 411!2019 Ea aBcitleD151NGLE LIMIT Si 000 000 BODILY INJURY (Per person) 5 ANY AUTO BODILY INJURY (Per accident) S OWNED SCHEDOSULED AUTOS ONLY AUT HIREDNON-OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY Comp/Coll Ded $1 000 PROPERTYDAMAGE $ Per accident I $ No Liability Deductible D ✓ UMERELIA LIAB ✓ OCCUR ,/ NHA244525 4/112018 4/1/2019 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS L1AS CLAIMS -MADE $D Deductible DED I RETENTION $ S C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN ✓ WSA 5040042 00 3/17/2018 3!17!2019 ,/ STATUTE ERH E.L EACH ACCIDENT 51,000,000 E.L DISEASE EA EMPLOYE $ I,OQQ 000 OFFICE RIM E M B ER E XC L U DE D7 (Mandatory in NH) Ii yes descnbe under DESCRIPTION OF OPERATIONS below NIA $0 Deductible E.L DISEASE POLICY I- MIT s1,000,000 E E IM Egp.lLesd-Hrd-R BPP MXI 93 076 269 MXI 93 076 269 411!2018 41112018 4/1/2019 4/1/2019 Sch/f er 4811U100K Deductible $1000 $100,000 Deductible $1,000 F Pollution G46866435001 2/212018 2/2/2019 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 109 Additional Remarks Schedule may be attached it more space is required) Project Lugonia AV Water Pipeline Replacement Project No 71345 City of Redlands its officers employees and volunteers are named as additional insured as per the attached endorsements with respects to the operations of the named insured as per contract LUI=K Job No 71345 City of Redlands 35 Cajon Street, Suite 15A Redlands CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Jeremy Seltzer %) IUbt5 ZU1b AI:VKU C:VKt-UKAl IVPf Alt rignLs reservea ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Great American Assurance Company CG 20 33 GLP2068962 GCI Construction, Inc (Ed 07 04} THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A SECTION It - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury" "prop- erty damage' or "personal and advertising in- jury' caused, in whole or in part, by 1 your acts or omissions or 2 the acts or omissions of those acting on your behalf, in the performance of your ongoing oper- ations for the Additional Insured A persons or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed B With respect to the insurance afforded to these Additional Insureds the following addi- tional exclusions apply This insurance does not apply to 1 'Bodily injury 'property damage or per- sonal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural engineering or surveying services including a the preparing, approving, or failing to prepare or approve, maps shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications, or b. supervisory inspection architectural or engineering activities 2 "Bodily injury, or 'property damage" oc- curring after a all work including materials parts or equipment furnished in connection with such work on the project (other than service maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed or b that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project Copyright ISO Properties Inc. 2004 CG 20 33 (Ed 07104) XS Great American Assurance Company GLP2068962 GCI Construction, Inc CG 20 37 (Ed 07 04) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person{s} or Organization(s) Any person or organization that "you' and such person or organiza- tion have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on "your" policy, but only for your work" performed during this policy period Schedule Location and Description of Completed Operations Per Certificate(s) of Insurance Your work* performed during this policy period Additional Premium Included Information required to complete this Schedule if not shown above, will be shown in the Declarations SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the 'products -completed operations hazard Copyright ISO Properties Inc. 2004 CG 20 37 (Ed 071041 PRO (Page 1 of 1) Great American Assurance Company CG 24 04 GLP2068962 (Ed 05 09) GCI Construction, Inc THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVE=RAGE PART Schedule Name of Person or Organization Any person a arganization for whom or on whose behalf "you are performing operations when you" and such person or organization have agreed in writ Eng ,n a contract or agreement to waive any right of recovery "we' may have against such person or organization IInformation required to complete_ this Schedule if not shown above, will be shown in the Declarations The following is added to paragraph 8 Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products—completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above Copyright, ISO Properties Inc. 2008 CG 24 04 (Ed 05109) PRO (Page 1 of 1) Great American Assurance Company GLP2068962 GCI Construction Inc THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM GAC 3649CG (Ed 11 061 This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory GAC 3649CG (Ed 11/06) XS Great American Assurance Company GLP2068962 GCI Construction, Inc CG 25 03 (Ed 03 97) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY DESIGNATED CONSTRUCTION PROJECT& GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects Any construction project where "you" are performing operations when you" have agreed in writing in a contract or agreement that a separate General Aggregate Limit shall apply to such construction project, but only if "your work" on or at the construction project is performed during the period of this policy (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A 4SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations 2 The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of 'bodily injury" or "property damage' included in the "products—completed operations hazard ' and for medical expenses under Coverage C regardless of the number of a Insureds b claims made or "suits" brought, or c persons or organizations making claims or bringing 'Suits" Copyright Insurance Services Office Inc. 1996 CG 25 03 (Ed 03/97) PRO (Page 1 of 2) 3 Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above 4 The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products—Completed Operations Aggregate Limit whichever is applicable, and 2 such payments shall not reduce any Designated Construction Project General Aggregate Limit. C When coverage for liability arising out of the "products—completed operations hazard" is provided, any payments for damages because of "bodily injury or 'property damage' included in the "products—completed operations hazard" will reduce the Products—Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit D If the applicable designated construction project has been abandoned delayed, or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints, designs, specifications or timetables the project will still be deemed to be the same construction project E The provisions of LIMITS OF INSURANCE {SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated Copyright Insurance Services Office Inc. 1996 CG 25 03 (Ed 03197) PRO (Page 2 of 2) WPP1516201 01 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective 4/1/2018 Countersigned By Authorized Representative) Named Insured GCI Construction, Inc SCHEDULE Name of Person(s) or Organizations) Blanket as required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement ) Each person or organization shown in the Schedule is an "insured" for Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc , 1998 Page 1 of 1 WPP1516201 01 COMMERCIAL AUTO CA 04 44 031 d THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Named Insured GCI Construction, Inc Endorsement Effective Date 411!2018 SCHEDULE Name(s) Of Person(s) Or Organization(s) Blanket as required by written contract I Information required to complete this Schedule, if not shown above, will be shown in the Declarations The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organizations) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization CA 04 44 03 10 O Insurance Services Office, Inc, 2009 Page 1 of 1 E3 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) The additional premium for this endorsement shall be otherwise due Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THIS WAIVER IS REQUIRED 3 % of the total California Workers' Compensation premium Schedule Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 0311712018 policy No WSA 5040042 00 Endorsement No Insured GCI Construction Inc Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed 8-00) 1N5uRED