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HomeMy WebLinkAboutContracts & Agreements_9-1991_CCv0001.pdf FORMAL CONTRACT THIS AGREEMENT, made and entered into this 19th day of MARCH 1991, by and between BEYLIK DRILLING INC. hereinafter referred to as "Seller, " and the City of Redlands, CALIFORNIA, hereinafter referred to as "Owner." WITNESSETH: That for and in consideration of the promises and agreements hereinafter made and exchanged, the Owner and the Seller agree as follows: 1. That the Seller will furnish and deliver the equipment and materials to the extent of the Proposal made by the Contractor within One hundred Ali= eighty 180 -MILA) days of issuance of the Notice to Proceed, all in full compliance with the Contract Documents. 2. That the City of Redlands, CALIFORNIA, will pay the Seller progress payments and the final payment in accordance with the method set forth in the Specifications with warrants drawn on the appropriate fund or funds as required, according to the prices as proposed and accepted, based upon the Plans, Specifications, and Addenda, as follows: Total Lump Sum Proposal $ THIRTY-SEVEN THOUSAND, Well Pumping Equipment SEVEN-HUNDRED, NINETY-NINE $37,799.00 — Dollars and NO Cents 3. Seller agrees that the time of complete delivery set forth in his Proposal shall be computed from the date the Owner issues the Notice to Proceed. 4. Time is of the essence on this Contract. 5. Seller agrees that owner will suffer damages for each and every day over one hundred and sixty (160) days required for delivery and unloading of the equipment. Seller acknowledges that the damages sustained by the Owner will be impracticable or extremely difficult to ascertain and determine in the event of and by reason of such delay, and therefore agrees that such damages shall be presumed to be in the amount of Five Hundred ($500.00) Dollars per calendar day for each day Seller fails to perform in accordance with these Contract Documents over the one hundred and sixty days required for delivery and unloading of the equipment. Furthermore, should the Seller fail to complete the Work within the time limit agreed upon and as set forth in the Contract Documents, liquidated damages in the amount set forth in the instructions for preparing proposals shall be paid to owner. owner is not obligated to accept delivery of the equipament or have the site ready to accept the equipment prior to the end of the time limit agreed upon with the Owner. 1/23/91 FC-1 F2847B12 wellpumpinqzquip Div 6. The Seller shall, prior to the execution of the Contract, furnish two bonds acceptable to the City of Redlands, one in the amount of One Hundred Percent (100%) of the Contract price to guarantee the faithful performance of the Work and one in the amount of One Hundred Percent (1000 of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and accepted by the City of Redlands, California. 7. This Formal Contract by reference includes the Request for Proposals, Instructions for Preparing Proposals, General Conditions, Specifications, Proposal, Certificates and Affidavits, Payment Bond, Performance Bond, Insurance Certificates, Plans, and Addenda, if any, all as the term "Contract" is defined in the Specifications. 8. Insurance A. Seller is also 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 undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Seller and all subcontractors will carry worker's compensation and employer' s liability insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against owner, its officers, agents, engineer, and employees on it's workmans, compensation policy, and shall issue a certificate to the policy evidencing same. C. Seller shall at all times, carry on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts required by Owner and shall be evidenced by the issuance of a certificate in a form prescribed by the owner and shall be underwritten by insurance companies satisfactory to Owner for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and nonowned vehicles. Said insurance coverage obtained by the Seller, excepting worker's compensation coverage, shall name the Owner, its Commissioners, Officers, Agents, Employees, Engineers and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the Owner as additional insureds on said policies. Such insurance shall be primary and shall be on an occurrance basis. "Claims made" coverage will not be accepted. D. Before Notice to Proceed is issued by the owner, and before Seller performs any work at, or prepares or delivers equipment and materials to, the site of construction, Seller shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days written notice to Owner. Seller shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the 1/23/91 FC-2 F2847B12 welipunpinqEqutp Div provisions for indemnification of owner by Seller under Section 9 of this Contract. Notwithstanding nor diminishing the obligations of Seller with respect to the foregoing, Seller shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation In accordance with the Worker's Liability Compensation Act of the State of California Employer's Liability $1, 000,000 one person per accident Public Liability, including $1,000, 000 one person, Automotive for Bodily Injury one accident and Death (including non- $2,000,000 more than ownership and hired cars) one person, one accident, aggregate Property Damage Liability, $1,000,000 including Automotive Owner or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates . Seller shall pay the premiums on the insurance hereinabove required. 9. Risk and Indemnification All work covered by this Contract done at the site of construction or in preparing or delivering equipment and materials to the site shall be at the risk of Seller alone. Seller agrees to save, indemnify and keep Owner, its Commissioners, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Sellers' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Seller, save and except claims or litigation arising through the sole negligence or sole willful misconduct of owner, its officers, agents, engineer and employees, and will make good to and reimburse them for any expenditures, including reasonable attorneys' fees they may incur by reason of such matters, and if requested, will defend any such suits at the sole cost and expense of Seller. 1/23/91 Fc-3 F2847B12 We11Pt=pinqZquip Div s IN WITNESS WHEREOF, the said Seller and the City Council of the City of Redlands thereunto duly authorized, have caused the names of said parties to be affixed hereto, the day and year first above written. BEYLIK DRILLING INC. City of Redlands Sel r SAN BERNAR171 Z t3 COUNTY, CALIFORNIA . t By Vice President By # Title t t t 1123192 FC-4 F2847B12 **114mNkpingE4quiP Div BOND NO. 3SM 769 587 00 PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, City of Redlands, California has awarded to: BEYLIK DRILLING, INC. 591 S.Walnut St. ,La Habra, Ca.90631 (Seller) (Address) designated as the "Seller", a Contract for the work described as follows: Well Pumping Equipment for Volatile Organics Removal Facilities # Texas Street Well Site and WHEREAS, the said Seller is required by the provisions of said Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Seller, as Principal, and American Motorists Insurance Company 7476---4-. Figueroa Street, Los Angeles, Ca 90041 (Name and Address of Surety) duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of Redlands in the sum of Thirty seven thousand, seven hundred ninety nine and no/100 Dollars ($ 37,799.00 said sum being not: less than One Hundred Percent (100%) of the estimated amount payable by the said Seller under the terms of the Contract, for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or its subcontractors, of the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant of any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Seller and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in an amount not exceeding the sum set forth 1/23/91 FC-5 F2847B12 W*11pumpinq9quip Div hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorneys' fee to be fixed by the court . This bond shall inura to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the Contract Documents and/or of the work to be performed thereunder. CORPORATE ACKNOWLEDGMENT NO Xle X Al California 4tblayof _______ __April State of On this the--------------- ------------- 19 91belore me, S& M Orange Iris Kathryn Campbell IR - - i County of---------- ------------------------------------------------ the undersigned Notary Public.personally appeared R) N SIN, Douglas L. Watson -------------------- -------------------------------------------------- ------------------------------ �X personally known to me Proved to me on the basis of satisfactory evidence ,old ORVAL SEAL KAT W to be the person(s)who executed the within instrument as HR"CAMPMLL e, wn PWM-C*kn* Vice President --------------- ----------------------or on behalf of the corporation therein 46 ow"counw 11, named,and acknowledged torte that the corporation executed it. my c4min,Ev.&P.M WITmy hand and ici is 1, ON, --------------- --------- --------- - ------------------- e( V Not 'a Signature BY ATTENTION NOTARY.,Althrough the kiformiaboro requested below is OPTIONAL it could prevent fraudulent attachment or this certm�te to ar*ther document. IM Vi TitleorTv ecifDocument ________TEXAS ST. Wellsite -Purchase of p ------------- ----------------------------- —--------------------------------------------- S1, -F K THIS CERTRCAl X Well Pump Equip.Contr.27-8981-4735 (A)Proj.5-9081 ----------------- ---------- tOPONAL NOTARY ASSO-CLATION<8236 Ren t Ave-a PG Box 7184-CanNa ParK,CA 91304-7184 STATE OF CALIFORNIA. On COUNTY OF LOS ANGELES S Sria persona before me a -----------------, Pic appeared Notary Public satisfac David tory evidence) to be Z. Noddle within and for the Said County and State, the ATTORNEY the perso known to me (or proved IN FACT of a. 4 Whose name to me on the basis of mou d for the is subscribed t,that he subscribed the n AMERICAN MOTORISTS INSURANCE to the within au&, hi, ame of COMPANY and acknowledged to 11 the AMERICAN MOTORISTS instrument as n IN FACT. 'kJ"A DWILLIAMS INSURANCE COMPANyrthereto as KE Ar Surety, &UC CAUFORMA -jy IC Y P 1/23/91 FC-6 F2847B12 W*11?UXP1z,;9ViP Div Executed in Triplicate (3) BOND NO. 3SM 769 587 00 Premium:$567.00 -BOND PREMIUM BASED 09 ERFORMANCE BOND FINAL CONTRACT PRICE -4 (The premium charged on this bond is $ 567.00 being at the rate of $ 15.00 - per thousand of the Contract price.) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, -City of Redlands, California, by action of the City Council on , 19 has awarded to BEYLIK DRILLING, INC. (Seller) 591 S. Walnut Street - La Habra, California 90631 (Address) as the "Principal, " a Contract for the work described as follows: Well Pumping Equipment for volatile organics Removal Facilities Texas Street Well Site and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE the undersigned Seller, as Principal, and American Motorists Insurance Company 7470 N. Figueroa Street, Los Angeles, Ca 90041 (Name and Address of Surety) duly authorized to transact business under the laws of the State of Cali- fornia, as Surety, are held and firmly bound unto City of Redlands in the penal sum of Thirty seven thousand, seven hundred ninety nine and no/100 Dollars (s37,799.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above bounden 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 V all the undertakings, terms, covenants, conditions and agreements in the said Contract 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 1/23/91 FC-7 F2847BI2 We!1PU=isqZqU_-P Div specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Redland , ; cer " ani agents, as therein stipulated, then this obligation h` - _come,, null and void; otherwise it shall be and remain in full force ,andca > � In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees as fixed by the court. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals this l.st day of _ April. , 19 91 {Seller} CORPORATE ACKNOWLEDGMENT NO, i° California — _ n this the..___4thdn of �� iL � ilit Mate _. } _ __-- 19 ,before . ss I County of_ Inas latlYx'yx1 Cart1?bell— -- — } the undersigned Notary Public,personally appeared t Ri Douglas- .b. __Watson_ _.__ r= personally known to me Nr prOVEoi to me oE the basis of satisfactory evidence A T FFi IAL SUL r- AR� KATHRI to be the persons)s)who executed the within instrument as �t or on behalf of the corporation theiein �1 CV narned,and acknawledged to rye that the corperation executed it. M' IT, r 011 «I`tw tyr an eofia1,s Ac,, i x z p,�g pp 85o.CY v' tL tor re S r tlNOTARY,Alta tFe € rmatrorr oest d bebw iS r�i� ioML.,t..ou prevent fraudulent sr a^t%ment of this carmcate to awmer c or-ti,� t. ��° Title or Type of Document -_-_ TEXAS___ T. W els. t�....7T_tjL_:r�e_ .cif_ ----- `g { "AFE Well Pump Equip.Contr.27-8981-4735 (A)'roj.5 9081 I 5 'o' _. � ) ae . ... v"as'.t..NN-N(icd;RYA,.,"..P..F€dt RON-A`_ - -.RG No.liF14 Cam—epa. €k.%.A 913047181 _ W*;- talar. Lttr- U1MCC*.3.. > tali ,a satis cto�ry evidence) to be the person whosename is subscribed to the within instrument as the ATTORNEY IN PACT of and for the AMERICAN MOTORISTS INSURANCE and acknowledged to m el that he subscribed then f the .I MOTORISTSINS, E :OMPANT thereto a Surety, ane' �ti ,.a e ciEA. T. IOFFPCIAL KE ANA D.WILLIAMS t (—� , ) i At fi tj rui #a. Ura $ P BLIC PROM g xfi. _ANGELES COUNT ` My comp son Carr mai------------ f� 1/23/91. FC-8 F2847B12 W+11r=pingbr4ip Div f - ISSUE DATE(PAt'/DD1YY) CERTIFICATE OF INSURANCE 4/2/91 'PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TETE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW € r x R COMPANIES AFFORDING COVERAGE x OMPANY LETTER CODE SUB-CODE � � vOMPA" INSURED LEc-t"E� �'v £ GO 11P111Y w LETTE LET _ COMPAN LETTER COVERAGE THIS 4S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONLC[TION 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. LIMITS SHOWN SAY HAVE BEEN REDUCED BY PAID CLAS AS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE MM/DD/YY', CRATE(I,YMjDD!YY { GENERAL LIABILITY GENERAI AGGREGATE _ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP CIPS AGGREGATE $ ` CLAMS tADEX OCCUR. PERSONAL&ADVERTISINGINJURY" } OWNER'Si�UNTRAGTOR'u PrQT, EACH OCCURRENCE e " FIDE DAMAGE(Any one tire) MEDICAL EXPENSE(Any one Leeson) $ , AUTOMOBILE LIABILITY � , � � . , '� COMBINED . SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS Ww Derson, HIRED AUTOS OS BODIL Y WJURY 4-ON-OWNED ALTOS 'Pe( +:Edcsli:j GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY ,,; �. n f'„ EACH AGCsREGTc OCCURRENCE .OTHER THAN UMBRELLA.FORM I STATUT07Y WORKER'S COMPENSATION $ I - tEACH ACCIDENT, APII✓` $ r LL MISExASE—POLIO v'Mi EMPLOYERS'S'LIABILITY !DISEASE--EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIO dSILOCATIO StV£t?[ LESIRESTRICTic`ONSr'SPEC$AL ITEMS Ke Project, Texas Sheet Well Site - Purchase of Well Pumping Equipment Contract No. 27-8981-473 CERTIFICATE~HOLDER CANCELLATION- *Except 10 day notice for nonrrpay , t-IOtJLD ANY OF THE ABOVE DECF?CI3EC POLICIES BE CANCELLED SEECE?E THE 3 City o Redlands aT1dS E#F'Ii?ATION DATE '-[EI=EOF; "tI-tE ISSUING COMPANY 'AIIi.L ENDEAVOR IC Municipal Utilities Department "TAk_u _DAY'S WRITTEN NOTICE TO THE CERTIFICATE HOLDER ~FAMED TO TETE 2 East Citrus, P.O. Box 8005 LEFT. BUT FAILURE TO MAIL SUCH NOTICE STALL IMPOSE NO OBLIGATION OR Redlands, California 92373 LIABILITY OF At'•3"Y KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ., 0`----`---- AUTHORIZED _ _., _m AUTHORIZED REPRESENTATIVE � ,, Gerald P. Baron . ACORD 5 /881 v.� CORPORATION 1988',, POLICY NUMBER: EPA12029758 Beylik Drilling, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Redlands ** Project: Texas Street Well Site - Municipal Utilities Department Purchase of Well Pumping Equipment 2 East Citrus, P.O. Box 3005 Contract No. 27-8981-4735A Redlands, CA 92373 (if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work"for that insured by or for you, **The City of Redlands, its Commissioners, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and allpublic agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees are Additional Insureds CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Cl EN ,RSEM 11 4 291 if we cancel this policy for reasons other than non-payment of premium, we will give thirty (30) days prior written notice of cancellation to I. Beyl.ik Drilling, Inc. and 2 City of Redlands, P.O.. Box 30015, Redlands,-CA 92373 Zn the event of policy cancellatiOU for n0n-VaYmut Of premium, we will give t (14) days pziox Witten nOtitre €f cancellation to t Beylik Drilling, Inc. wA City of Redlands, P.C . Box 3005, Redlands, CA 92373 It is further understood arta agreed that the ort I?olJ czy conditions farm IL 001.7 1185, it ' .3. in bereby deleted. The following provision is hereby added to Section A. CANCULATION In the, event that any statute or regulation requires that . we give prior written notice of a change to the insured, we will give thirty (30) days prior written notice tot 1. Beylik Drilling, Inc. d 2. City of Redlands, P.O. Box 3005 Redlands, CA 92373 . A VERIFICATION OF INSURANCE (WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY) NAME OF INSURER: ERFMQNT MMPVN9A'T0N THIS IS TO CERTIFY TO: City of Redlands Municipal Utilities Departments 2 East Citrus, P.O. Box 3005 Redlands, California 92373 THE FOLLOWING DESCRIBED POLICIES HAVE BEEN ISSUED TO: INSURED: 13EY'LIK DRILLING, INC. DRESS 591 South Walnut Street La Habra, California 90681 LOCATION AM DESCRIPTION OF PROJECT: TEXAS STREET WELL SITE -Purchase of Well Pumping -Equipment - Contract No. 27-8981-4735 (A) Project No. 5-9081 TYPE OF INSURANCE: WORKERS' COMPENSATION & EMPLOYER'S LIABILITY INSURANCE THIS IS TO CERTIFY that the following policy has been issued by the below--stated company in conformance with the requirements of the General Conditions and are in force at this time: Policv Number Expiration Bate Limits of Liability R9 7560703 _ 1/1/92 1,000.000 Statutory Limits Under the Laws of the State of California The policy shall not be canceled or materially altered without thirty (30) clays' prior written notice to the Owner by certified mail at the above address. The Insurance Company waives any right to subrogation it may acquire against the Owner, its Commissioners, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees by reason of any payment made on account of injury, including death of persons resulting therefrom, sustained by any employee of any insured, arising out of the performance of the above-referenced Contract. A copy of all endorsements to the policy which in any way limit the above- specified coverage are attached to this Certificate of Insurance. This Certificate or verification of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed 1123191 FC-9 F2847B12 W011pumpingEwip Div herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Certificate or Verification of Insurance may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policies. IT IS CERTIFIED that the above policy provides workers' compensation insurance as required by the General Conditions and is in force at this time. • DATED: 4/2191 FIRM: Frpmnnt CnMpgnsatinn (Insurance Company Name) SIGNED: Gerald P. Baron ADDRESS: 5000 N. Parkway Calabasas Calabasas, CA 91302 TELEPHONE: 818-704-1000 AGENT FOR SERVICE OF PROCESS: NAME: MAX BEHM & ASSOCIATES FIRM: Gerald P. Baron — ADDRESS: P.O. Box 9005 Van Nuys, CA 91409 TELEPHONE.- -BIB-704-1000 NOTICE No substitution or revision to the above Certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate' Certificate in the exact above form shall be provided for each insurance company. The Insurer must be authorized to do business and have an agent for service of process in California. The Insurer must also have an "A" policyholder' s rating and a financial rating of at least Class VII in accordance with the most current Best's Insurance Rating. 1/23/91 FC-10 F2847BI2 W*11Pu&pirtqZquLp Div VERIFICATION OF INSURANCE (LIABILITY) NAME OF INSURER: MARYLAND CASUALTY INSURANCE COMPANY THIS IS TO CERTIFY TO: City of Redlands Municipal Utilities Department 2 East Citrus, P.O. Box 3005 Redlands, California 92373 THE FOLLOWING DESCRIBED POLICIES HAVE BEEN ISSUED TO: INSURED:BEYLIK DRILLING, INC. ADDRESS: 591 South Walnut Street, La Habra, Calif. 90631 La Habra, California 90631 LOCATION AND DESCRIPTION OF PROJECT: TEXAS STREET WELL SITE -Purchase of Well Pumping Equipment -Contract No. 27-8981-4735 (A) Project No. 5-9081 THIS IS TO CERTIFY that the following policies have been issued by the below-stated company in conformance with the requirements of the General Conditions and are in force at this time: Limits of Liability Expiration Each Policy No. Date Occurrence Aggregate EPA12029758 1/01/92 A. GENERAL LIABILITY Bodily Injury $ $ Property Damage $ $ Bodily Injury and Property Damage Combined $ 1,000,000 $ 1,000,000 ECA12029816 1/01/92 B. AUTOMOBILE LIABILITY Bodily Injury (Each person) $ Bodily Injury (Each Occurrence) $ $ Bodily Injury and Property Damage Combined $ 1,000,000 $ 1,000,000 C. EXCESS LIABILITY Bodily Injury and Property Damage Combined $ 1/23/91 FC-11 F2847B12 weilPumpinqEquip Div The following provisions and types of coverage are included in said policies (indicated by "X") in the appropriate space: 1. X The owner, its Commissioners, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, officers, Agents and Employees are Additional Insureds as to work being performed under this Agreement. 2. X The coverage is Primary, and no other insurance carried by the Owner will be called upon to contribute to a loss under the coverage. 3. The policy(ies) cover Blanket liability. 4. X The policy(ies) limits are provided on an occurrence basis. S. Coverage for Broad Form property damage liability, including fire, earthquake, and vandalism and completed operations. 6. X The policy(ies) cover personal injury liability, as well as bodily injury liability. 7. X Coverage for explosion, collapse, and underground hazards. 8. X Coverage for products and completed operations. 9. X Coverage for nonowned vehicles. 10. X Coverage for Independent Contractors and Consultants. 11. X The policy(ies) shall not be canceled or materially altered without thirty (30) days' prior written notice by certified mail to the Owner at the address listed above. 12. Comprehensive Form Automobile Liability, including loading or unloading. 13. X The policy(ies) cover the use of all autos owned by the insured. 14. X The policy(ies) cover the use of all autos hired by the insured. 15. X The policy(ies) cover the use of all nonowned vehicles. 16. The policy(ies) contain Excess Liability Umbrella Form. 17. The policy(ies) cover earthquake and tidal wave damage. 18. The policy(ies) contain Excess Liability, other than Umbrella Form. 19. Coverage is sufficiently broad to insure all of the matters set forth in the article of the Contract Documents entitled "Risk and Indemnification." 1/23/91 FC-12 F2847B12 wallpumpinqEquip Div 20. X The policy(ies) provide for cross liability and severability of interest. 21. The policy (ies) contain a provision that requires that any Judgment paid shall first accrue to the benefit of the owner and secondly to the policy' s named insured or other additional insureds . (Note : A copy of the endorsement regarding this provision must be attached to this certificate) . A copy of all endorsements to the policy(ies) which in any way limit the above-listed types of coverage are attached to this Certificate of Insurance. This 0W_=3tX5&KK11X= Verification of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Certificate or Verification of Insurance 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. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the agreement dated - MARCH 19, 1991 between the City of Redlands and the insured. DATED: 4/02/91 FIRM: Maryland Casualty (�psurance Company Name) SIGNED: ADDRESS: 16130 Ventura Blvd. Encino, CA 91316 TELEPHONE: 818-704-1000 ALL SIGNATURES MUST BE NOTARIZED AGENT FOR SERVICE OF PROCESS: NAME: Max Behan & Associates FIRM: Gerald P. Baron ADDRESS: P.O. Box 9005 Van Nuys, CA 91409 818-704-1000 TELEPHONE: 1/23/91 FC-13 F2847B12 Wellp=PinqEquip Div NOTICE No substitution or revision to the above Certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate Certificate in the exact above form shall be provided for each insurance company. Insurers must be authorized to do business and have an agent for service of process in California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the most current Best's Insurance Rating. END OF FORMAL CONTRACT 1/23/91 FC-14 F2847B12 *011PUSpiriqRquip Div VERIFICATION OF INSURANCE (LIABILITY) NAME OF INSURER: FEBERAI, 1NS11RANL:F THIS IS TO CERTIFY TO: City of Redlands Municipal Utilities Department 2 East Citrus, P.O. Box 3005 Redlands, California 92373 THE FOLLOWING DESCRIBED POLICIES HAVE BEEN ISSUED TO: INSURED.BEYLIK DRILLING, INC. ADDRESS: 591 South Walnut Street, La Habra, Calif. 90631 La Habra, California 90631 LOCATION AND DESCRIPTION OF PROJECT: TEXAS STREET WELL SITE -Purchase of Well Pumping Equipment -Contract No. 27-8981-4735 (A) Project No. 5-9081 THIS IS TO CERTIFY that the following policies have been issued by the below-stated company in conformance with the requirements of the General Conditions and are in force at this time: Limits of Liabilitv Expiration Each Policv No. Date Occurrence Aggregate A. GENERAL LIABILITY Bodily Injury $ $ Property Damage $ $ Bodily Injury and Property Damage Combined $ $ B. AUTOMOBILE LIABILITY Bodily Injury (Each person) $ $ Bodily Injury (Each Occurrence) $ Bodily Injury and Property Damage Combined $ $ 79083181-92 1/01/92 C. EXCESS LIABILITY Bodily Injury and Property Damage Combined $ 10,000,000 $ 10,000 000 1/23/91 FC-11 F2847B12 welipumpingequip Div The following provisions and types of coverage are included in said policies (indicated by "X") in the appropriate space: 1. The Owner, its Commissioners, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees are Additional Insureds as to work being performed under this Agreement. 2. The coverage is Primary, and no other insurance carried by the owner will be called upon to contribute to a 1033 under the coverage. 3. The policy(ies) cover Blanket liability. 4. The policy(ies) limits are provided on an occurrence basis. 5. Coverage for Broad Form property damage liability, including fire, earthquake, and vandalism and completed operations. 6. The policy(ies) cover personal injury liability, as well as bodily injury liability. 7. Coverage for explosion, collapse, and underground hazards. 8. Coverage for products and completed operations. 9. Coverage for nonowned vehicles. 10. Coverage for Independent Contractors and Consultants. 11. The policy(ies) shall not be canceled or materially altered without thirty (30) days' prior written notice by certified mail to the Owner at the address listed above. 12. Comprehensive Form Automobile Liability, including loading or unloading. 13. The policy(ies) cover the use of all autos owned by the insured. 14. The policy(ies) cover the use of all autos hired by the insured. 15. The policy(ies) cover the use of all nonowned vehicles. 16. X The policy(ies) contain Excess Liability Umbrella Form. 17. The policy(ies) cover earthquake and tidal wave damage. 18. The policy(ies) contain Excess Liability, other than Umbrella Form. 19. Coverage is sufficiently broad to insure all of the matters set forth in the article of the Contract Documents entitled "Risk and Indemnification." 1/23/91 FC-12 F2847B12 W*11rumpingequip Div 2 20. The policy(ies) provide for cross liability and severability of interest. 21. The policy (ies) contain a provision that requires that any judgment paid shall first accrue to the benefit of the Owner and secondly to the policy' s named insured or other additional insureds . (Note : A copy of the endorsement regarding this provision must be attached to this certificate) . A copy of all endorsements to the policy(ies) which in any way limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate or verification of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Certificate or Verification of Insurance 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. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the agreement dated MARCH 19, 1991 between the City of Redlands and the insured. DATED: 4/02/91 FIRM: Federal Insurance/Chubb Ins. (In"rance Company Name' SIGNED: ADDRESS: 21820 Burbank Blvd. , 5-. 30 Woodland Hills, CA 91367-4208 TELEPHONE: 818-704-1000 ALL SIG§ATURES MUST BE NOTARIZED AGENT FOR SERVICE OF PROCESS: NAME: Max Behm & Associates FIRM: Gerald P. Baron ADDRESS- P.O. Box 9005 Van Nlivs. CA 91409 818-704-1000 .TELEPHONE: 1/23/91 FC-13 F2847B12 We11?,,=p1nqZquip Div NOTICE No substitution or revision to the above Certificate form will he accepted. If the insurance, called for is provided by more than one insurance company, a separate Certificate in the exact above form shall be provided for each insurance company. Insurers must be authorized to do business and have an agent for service of process in California. The Insurers must also have an "A" policyholder's ' rating and a financial rating of at least Class VII in accordance with the most current Beat's Insurance Rating. * * * END OF, FORMAL CONTRACT t c C 1123191 FC-14 F2847B12 W*11Pu*pingtquip Div I AMERICAN MOTORISTS INSURANCE COMPANY naTIGII& Home Office: Long Groves IL 60049 insufunce companies ' POWER OF ATTORNEY Know A.11 Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint*********"***************** David Z . Noddle of LOS Angeles, California its true and lawful agent(s) and atiorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked f rid its behalf as surety, and as its act and dead: Any and all bonds and undertakings provia'el -t'ne kmoun, of no one bond or undertaking exceeds ONE MILLION DOLLARS ($liOOO,00G-00)***44 EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not Permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove# Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and affect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the pownr and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizancesp contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and hold on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23# 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this ith day of Alliz"Ir't , 19 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By F.C. cCultough,Secretary 1.5.Kemper III,Senior%'tce President ,,A STATE OF ILLINOIS Ss COLN4TY OF LAKE 1, Grace E. Condon, a Notary Public, do hereby certify 'hat J. S. Kemper, III and F. C. McCullough personally kmto me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, is Corporation of the State of Illinois, subsc<ribod to the for-agoing instrument# appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as th,* free arid voluntary act of said corporation and as their- 0&." 'fr" and voluntary act for the uses arid purposes iharlitlk set forth. "OFFICIAL SEAL" Grace E. Ccn�on My commission expires: 5-14-94 N'tif!", State of t!l!Boois Ir Grace E. Condon, Notary Public p4y C-onn,mon Ex:tres 5;1sfS4 Ir WV`'V'V'V'W V�r IV FM 836-5 5-90 IM Power of Attorriev - T-- CERTIFICATION It Los S. McClain, Secretary of the American Motorists Insurance Company, do hereby dated on behalf of Corti t the attached Power f 4Qr4() of Attorney payl tj Z . NodAethaof 1 r i; ioltrlU0' antl correct copy and that the same has been in full force and effect since the date thereof and is in full force and affect on the date of this certificates and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the data of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists tnaurariew Company. IN TESTIM" WHEREOF, r have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance company on this day of 19 APR 0 1199 Lee B.locClain,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the mannor and to the extent heroin stated. FM 836-5 7/88 IM