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HomeMy WebLinkAboutContracts & Agreements_190-2003AGREEMENT RECEIVED -- OCT i 0 2003 LAIRD CONST CO , INC THIS AGREEMENT , made and entered into this 7 `'' day of October, 2003, by and between the City o Redlands, a Municipal Corporation, organized and existing under the laws of the State of Californi hereinafter referred to as the "City", and Laird Construction -C-crctiifiawA Inc of the City of Rancho Cucamonga, County of San Bernardino, State of California, hereinafter referred to as the "Contractor" WITNESSETH That the City and the Contractor, for the consideration hereinafter named, agree as follows 1. Scope of Work. The contractor will furnish all materials and will perform all of the work to perform construction of Street Resurfacing Improvements project, complete, all as shown, specified, and made a part of Contract No 208300-7150/40002 2 For the Contract Sum of $359,953 30, in accordance with the terms and conditions of the Contract Documents Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement 3 Time for Completion The work shall be completed within forty-five (45) work days from and after the date of the Notice to Proceed 4 Liquidated Damages. Failure of the Contractor to complete the work withm the time allowed will result in damages being sustained by the City Such damages are, and will continue to be, impracticable and extremely difficult to determine The Contractor shall pay to the City, or have withheld from monies due it, the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contrtactor if such delay occurs 5 Contract Documents The complete contract includes all of the contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto 6 Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees 7. Defense Obligation. The contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the contractor, its employees or agents in connection with the performance of the contractor's obligation under this contract 8 Insurance All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials, employees, and agents as additional insureds Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City 9 Resolution of Construction Claims Claims made by the Contractor in the amount of $375,000 00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contracts 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 the Public Contracts Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, the City shall timely notify the Contractor The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b) 10 Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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 11 Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound 12. Successors and Assigns The City and Contractor each binds itself, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents 13. 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 the City and Contractor IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above CITY SEAL ATTEST J City ' lerk, City rids ty of San : - rna i ino, California CONTRACTOR SEAL By Mayor, City of Redlands County of San Bernardino, California Co. Laird Cons �.n-Cl�.,o- Inc Name of c By K`/�� Sig rre of ,� ' ed Agent Ralp Laird, Vice President Signatory's Title Signature of Authorized Agent (f necessary) Signatory's Title (if necessary) 165211 Contractor's License No WORKERS' COMPENSATION INSURANCE CERTIFICATION STREET RESURFACING IMPROVEMENTS CONTRACT No 208300-7150/40002 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 insurer 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 I am aware of the provisions of Sectron 3700 of the Labor Code which requires every employer to be insured against liability for Workers' 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 of this contract (Labor Code Section 1861) October 17, 2003 Date Co �L Laird Construction Company, Inc Name of Contractor By Sign .ture tuire Iz-: 1r Ralph J. aid, Vice Prwsident Signatory's Title 165211 Contractor's License No EXECUTED IN TWO COUNTERPARTS -, RECEIVED -- CV 1 6 2003 BOND #08655331 PREMIUM $2,580 PERFORMANCE BoNitiRD CONST Co , INC WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as City), and Laird Construction Company, Inc (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated October 7, 2003, and identified as Contract No 208300-7150/40002, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of ** dollars ($ 359,953 30 ) for the payment of which sum well and truly to be made, we bind. ourselves, 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 her 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 said agreement and any alteration thereof made as therein provided, or his or her 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 defend, indemnify and save harmless the City, 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 the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered The surety 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 anywise 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 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on OCTOBER 14 LAIRD CONSTR Principal riy:) Sign: re Ralph J. ,2003 Bond No 08655331 INC . (SEAL) President racial Acknowledgments of Principal and Surety) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By: I Signature DAVID L. CULBERTSON/ATTORNEY—IN—FACT Address• 225 S LAKE AVE , SUITE 700 (SEAL) PASADENA, CA 91101 Telephone (626 ) 792-2311 $, THREE HUNDRED FIFTY—NINE THOUSAND NINE HUNDRED FIFTY—THREE AND 30/100'S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 10-14-03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Lai Signatuz of Nofary Public LEXIE SHERWOOD COMM # 1311304 NOTARY PUBLIC CALIFORNIA G) ORANGE COUNTY U COMM, EXP JULY 27, 2005" OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 10-14-03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN --FACT ❑ TRUSTEE(S) ❑ OTHER SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) EXECUTED IN TWO COUNTERPARTS PAYMENT BOND BOND #08655331 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City ofRed1ands, State of California (hereinafter designated as "City"), and Laird Construction Company, Inc (hereinafter designated as "Principal") have entered into an agreement whereby Pnncipal agrees to install and complete certain designated public improvements, which by said agreement dated October 7, 2003, and identified as Contract No. 208300-7150/40002, is hereby referred to and made a part hereof.; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the cl aims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, arc held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Coat of the State of California in the sum of ** dollars ($ 359,953 30 ) 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 herein above set forth, and also in case suit is brought upon this bond, will pay, m addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's 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 judgement therein rendered It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 to the work to be performed thereunder or the specifications accompanying the same shall m agnosia 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 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on OCTOBER 14 , 2003 Bond No 08655331 LAIRD CONST Principal By: K Ra1S1'-ni a (SEAL) esIdent (Notanal Aelenowlcdgmentx of Principal ami Surety) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surcty By, l f (SEAL) Signature DAVID L CULBERTSON/ATTORNEY—IN—FACT Address 225 S. LAKE AVE., SUITE 700 PASADENA, CA 91101 Telephone ( 626 ) 792-2311 ** THREE HUNDRED FIFTY—NINE THOUSAND NINE HUNDRED FIFTY—THREE AND 30/100'S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 10-14-03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Si. u of Nfitary Public ti:.1� COMM. # 1311304 G)O J NOTARY PUBLIC CALIFORN1A0+ COMMP212EXP. 1005 OP TIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 10-14-03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C ROGERS, Vice President, and T E SMITH, Assistant Secretary, in pursuance of authonty granted by Article VI, Section 2 of the By Laws of said Company, wh side hereof and are hereby certified to be in full force and effect on the date hereof digs appoint David L. CULBERTSON, of Anaheim, California, its true 21,11kOsql, execute, seal and dehver, for, and on its behalf as surety, andj its j an • 1 the execution of such bonds or undertakings in purs - • . t � a - ent i I: " . and amply to all intents and purposes a%�; �lu�y ee�litndwledged by the regularly elected officers of the Company at its office in, ,. , n`ihe �.��dns This power of attorney revokes that issued on behalf of David L 9,3 cr: titOi , d ed :IJ ,i` `, u The said Assistant 4at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- : vw i : d Caripany, and is now in force set forth on the reverse nate, constitute and n -Fact, to make, d undertakings and g upon said Company, as fully IN WITNESS W ER OF, the said Vice -President and Assistant Secretary have hereunto subscnbed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of July, A D 2003 ATTEST is T E Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Assistant Secretary Paul C Rogers Vice President State of Maryland i ss City of Baltimore f On this 24th day of July, A D 2003, before the subscriber, 1 Notary Pubhc of the State of Maryland, duly commissioned and qualified, came PAUL C ROGERS, Vice President, and T E SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers descnbed in and who executed the preceding instrument, and they each acknowledged the execution of the same and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscnbed to the said instrument by the authonty and direction of the said Corporation IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written R 4 11111119.10 MYR, POA F 012 4150E Dennis R Hayden Notary Public My Comnussion Expires February I, 2005 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002 No action is required on your part Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $waived This amount is reflected in the total premium for this bond Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Rtsk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terronsm (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible For 2002, the insurance company deductible is 1% of direct earned premium in the prior year, for 2003, 7% of direct earned premium in the prior year, for 2004, 10% of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year The federal share of an insurance company's losses above its deductible is 90% In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terronsm surcharge from policyholders The Act does not currently provide for insurance industry or United States government participation in terronsm losses that exceed $100 billion in any one calendar year Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States 1 to be an act of terrorism, 2 to be a violent act or an act that is dangerous to human life, property or infrastructure, 3 to have resulted in damage within the United States, or outside of the United States in the case of an air carver (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission, and 4 to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000 These disclosures are informational only and do not modify your bond or affect your rights under the bond Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice CSR DS ACOli CERTIFICATE OF LIABILITY INSURANCE LAIRD -D DATE (MM/DD1YYYY) 10/13/03 PRODUCER CROSBY INS , INC P 0 BOX 31150 ANAHEIM CA 92809 Phone 714-221-5200 Fax 714-221-5210 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # POLICY EXPIRATION DATE (MM/DD/YY) INSURED LAIRD CONSTRUCTION CO CORP 94 60 Lucas Ranch Road Rancho Cucamonga CA 91730-5797 INSURERA STEADFAST INSURANCE CO I TINMININIMIMIONO GENERAL INSURER B_ Starnet Insurance Company 56 03/31/03 INSURER C. STATE COMPENSATION INS FUND t= 0 INSURER D. AME INTNL SPECIALTY LINES ITS G $ 50000 INSURER E TRAVELERS INDEMNITY CO OF I1, = c3 MED EXP (Any one person) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 0 p ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADO'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A I TINMININIMIMIONO GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY SC03989903-01 03/31/03 03/31/04 EACH OCCURRENCE $ 1000000 X DAMAGE I 0 REN I EU PREMISES (Ea occurence) $ 50000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ Excluded X XCU Inc PERSONAL &ADV INJURY $ 1000000 X BFPD Contr Liab GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS COMP/OP AGG $ 2000000 POLICY X JECT LOC B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2SMCC3BAU033304 01/01/03 01/01/04 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ D EXCESS/UMBRELLA LIABILITY BE7414024 01/01/03 01/01/04 EACH OCCURRENCE $ 9000000 X OCCUR CLAIMSMADE AGGREGATE $ 9000000 DEDUCTIBLE RETENTION $ $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS below p460008696-03 01/01/03 01/01/04 X WR LIMITTATU OTH TORY LIMITS ER E_ L. EACH ACCIDENT $ 1000000 E.L. DISEASE EA EMPLOYEE $ 1000000 E DISEASE POLICY LIMIT $ 1000000 E OTHER Inland Marine QT660142D5196-TIL-03 01/01/03 01/01/04 Lsd/Rent $100,000 Ded $1,000 DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Re Street Resurfacing Improvements Contract #208300-7150/40002 City of Redlands, its officers, employees and agents are named as Additional Insureds Work Comp Waiver of Subrogation to follow from company *10 Days Notice of Cancellation for Non -Payment of Premium CERTIFICATE HOLDER CANCELLATION REDLAN7 City of Redlands P 0 Box 3005 Redlands CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE *45 THE EXPIRATION DAYS WRITTEN DATE THEREOF THE ISSUENG INSURER WILL 111111161.111.1111MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 1. I TINMININIMIMIONO AUTHO REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 198 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the pohcy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001108) ZURICH STEADFAST INSURANCE COMPANY Additional Insured -Owners, etc./Automatic Status per Contract On-going operations, Primary/Non-contributory THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products -Completed Operations Liability Coverage Part A Who is an Insured (Section II) is amended to include as an insured any person or organization for whom you are performing operations when you and such person have agreed in writing m a contract or agreement that such person or organization be added as an additional msured on your policy Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed B With respect to the insurance afforded these additional insureds, the followmg additional exclusion Applies This insurance does not apply to "Bodily injury" "property damage", "personaI injury" or "advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including 1 The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and 2 Supervisory, inspection, architectural or engineering activities Also, the insurance provided by this policy will be primary and non-contributory insurance, but only as Respects a clams, loss or liability arising out of insured operations or work on behalf of you performed under an "insured contract" between you and the person or organization described in paragraph A above, that requires you to maintain such primary and non-contributory insurance and to include them as an additional insured Countersigned Authorized Representative STF CGL 1656A CW (7/98) ZURICH Steadfast Insurance Company POLICY NO EFF DATE OF POL EXP DATE OF POL EFF DATE OF PRODUCER DATE EN DT TRI CITY PREPARED SC03989903 01 03/31/03 03/31/04 03/31/03 BROKERAGE INC 10/13/03 Named Insured Laird Construction Co Corp Waiver of Subrogation (Blanket) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products -Completed Operations Liability Coverage Part The following is added to Section IV, Conditions, paragraph 13, Transfer of Your Rights and Duties Under This Policy If you are required by written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive of rights of recovery This waiver of rights applies only with respect to the above contract(s) and shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest Countersigned Authorized Representative STF CGL 1602 A CW (7/98) Company Profile Page 1 of 2 Company Profile 411% DCalmi%ent rof ni e art insurance FIDELITY AND DEPOSIT COMPAIN OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD , 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent foi Service of Process? Reference Information NAIC # NAIC Group #• California Company ID # Date authorized in California License Status Company Type State of Domicile 39306 0212 2479-4 January 01, 1982 UNLIMITED -NORMAL Property & Casualty MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these fines of insurance For an explanation of any of these terms, please refer to the glossary AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http //cdinswww insurance.ca.gov/pts/wu_co_prof/idb_co_prof ut1 get_co_prof?p_EID= 10/22/2003 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - October 16, 2003 01 24 PM Copyright © Cahfomia Department of Insurance Disclaimer http //cdinswww insurance ca gov/pls/wu co prof/idb co prof utl get co prof'7p EID— 10/22/2003 Roberti-Z'Beig-Harris Urban Open Space and Recreation Program under the 2002 Resources Bond Act Funds - Contract - Street Reconstruction and Pedestrian Facilities - On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council appropriated funds and awarded a contract for the design of various street reconstruction and pedestrian facilities to Dudek and Associates, Inc and authorized the Mayor Pro Tem and City Clerk to execute the contract on behalf of the City by AYE votes of all present The projects are reconstruction of Cypress Avenue between Redlands Boulevard and Cajon Street, lighted crosswalk on Cypress Avenue at Monterey Street, Union Avenue street improvements between Orange and Tribune Streets, and ADA compliant handicap ramps at various locations within the CDBG Target Area Funds - Contract - Street Resurfacing - Bids were opened and publicly declared on September 18, 2003, by the City Clerk for the Street Resurfacing Improvements Project; a bid opening report is on file in the Office of the City Clerk It was the recommendation of the Public Works Department that the responsible bidder submitting the bid for said pi oject which will result in the lowest cost for the City was Laird Construction Company, Inc in the amount of $359,953.30, and it would be in the best interest of the City that this contract be awarded to said firm On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council approved this recommendation and appropriated the funds for this project by AYE votes of all present Resolution No 6197 - Grant Application - Recycling Trucks - Councilmember George moved to adopt Resolution No 6197, a resolution of the City Council of the City of Redlands authonzing the submission of a grant application to the South Coast Air Quality Management District for the purchase of low emission refuse/recycling trucks Motion seconded by Councilmember Gilbreath and camed by AYE votes of all present Agreement - California Street Landfill - On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council approved, by AYE votes of all present, an agreement with Vector Engineering, Inc to furnish construction engineering and geological services for the expansion of the California Street Landfill for the amount of $290,170 00, authorized the Mayor Pro Tem and City Clerk to execute the agreement on behalf of the City, and authorized staff to approve contingent costs up to ten percent (10%) over the initial amount Agreement - Ammonium Perchlorate Reseaich - On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council approved, by AYE votes of all present, a sponsored research agreement with Penn State University in support of ammonium perchlorate research to be conducted at the October 7, 2003 Page 4