HomeMy WebLinkAboutContracts & Agreements_78-2009_CCv0001.pdf AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this day ofA&e— , 2009
("Effective Date"), by and between the City of Redlands, a municipal corporation, organized and
existing under the laws of the State of California, hereinafter referred to as "City," and M Space CA
L P, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually
referred to herein as a"Party"and,together, as the"Parties."
WITNESSETH: That City and Contractor, for good and valuable consideration, the
requirement of which is hereby acknowledged agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following:
Phase I Design and Phase 11 Construction of the Temporary Fire Station Modular Unit,
complete, as required by the Contract Documents and Specifications for: CITY OF
REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (FIRE
MODULAR UNIT), Project No. JL-41102
2. THE CONTRACT SUM: $4,500 for Phase I and $168,226 for Phase 2 in accordance with
the terms and conditions set forth in the Contract Documents.
3. SUBSTITUTION OF SECURITY: 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 City pursuant to an Escrow
Agreement as set forth in the Public Contract Code Section 22300.
4. TIME FOR COMPLETION: The work under City's issuance to Contractor of Phase I
shall be completed within Forty (40) Calendar Days from and after the date of the Phase I
Notice to Proceed. Phase 2 shall be completed within Eighty (80) Calendar Days from and
after the date of City's issuance to Contractor the Phase 2 Notice to Proceed.
5. LIQUIDATED DAMAGES: Failure of Contractor 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. Contractor shall pay to City, or have
withheld from monies due it, the sum of$500 for each Consecutive Calendar day in excess of
the specified time for completion of the work.
Execution of this Agreement shall constitute agreement by City and Contractor that $500 per
day is the minimum and actual damage caused by the failure of 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 Contractor if such delay occurs.
6. CONTRACT DOCUMENTS: The Contract Documents, include all of the documents
described herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Bond,
CD
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special
Conditions, Special Conditions and Specifications and any addenda thereto.
7. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of this Agreement, 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
the use of in-house counsel by a Party.
8. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the
provisions of Part 3, Chapter 1, Article 1.5 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.
9. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and any
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.
10. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests
under this Agreement shall be binding on another Party without the written consent of the party
sought to be bound.
11. SUCCESSORS AND ASSIGNS: 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.
12. 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.
CD 2
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
City of Redlands
(SEAL) (Owner)
BY:
M�ay�o ,,City of R'Mhnids-' County o
e
S emardino,California
ATTEST:
City CWrk, City of �1 ds
0� CaliforniaCo�rft/y of San Be air o, C (SEAL)
Le
Name of Cont+,tof-1--�\'
U
By:
-1
Signature. f Authorized Agent
Title
Signature of Authorized Agent (if necessary)
Title
q
7
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
CITY OF REDLANDS SAFETY HALL
RELOCATION INTERIM FACILITIES (FIRE
MODULAR UNIT), Project No. JL-41102
Labor Code Section 3700,provides,in part that:
"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 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 of this Contract. (Labor Code section 1861)
Dated this day of JUOL—,2009.
rVI CP
(64r=4)
pignature)
N&a�;oiq 6Y&I
(Official'fitle)
(SEAL)
(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.)
CD 4
Bond No. 1879471
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P
(hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated June 1
2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM
FACILITIES (FIRE MODULAR UNIT), Project No. JL-41102 is hereby referred to and made
a part hereof-,and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
performance of said project.
Now,therefore,said Principal and The Hanover Insurance Company as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sum of One Hundred Seventy Two
Thousand Seven Hundred Twenty Six and 00/J)6IJrs($ 172,726.00 - - ) lawful money of the
United States, 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 hers heirs, executors,
administrator,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 their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall 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 therefore, there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no 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 above named, on
June 19 2009,
M Space ,CA4 P (SEAL) The Hanover Insurance ny (SEAL)
(0ontractor)
(S
------ lv�
y
BY:
L
A/� gnatu (Signature)
e,'L-'tT-V 64 e n 1 0 Debra S. Ritter, Attorney-in-Fact
Address: 6230 Fairview Road, Suite 230
--——————————
Charlotte, NC 2-8-2ff
(Seal and Notarial Acknowledgment of Telephone ( 704).
3,65-6213
Surety) _
CD 5
Acknowledgment by Surety
STATE OF NORTH CAROLINA
COUNTY OF GASTON
On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me
known, who being by me duly sworn, did acknowledge and say that she is the Attorney-
in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing
instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official sea], at my office
in the above County, the day and year written abov, M.
Angela M. punt, Notar ublic NOTARY
State of North Carolina PUBLIC
County of Gaston
My Commission Expires: 10/12/2011
N
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated June 19
2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM
FACILITIES (FIRE MODULAR UNIT), Project No. JL-41102 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 file a good and sufficient payment bond with the City of Redlands to secure the claims 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, are held firn-ily bound unto the
City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed
in the perfoTaneq of fhe esaid Tnoen d refeiedjo in the aforesaid Code of Civil Procedure in
ric r w s ,
ne un( real(geveUV n even
the sum of HuDdred Twenty Six , flarsd172 .726,0 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 attorney's fees, incurred by the City of
Redlands 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 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 said 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.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
Juen 19 ,2009.
M Space1CA,L P (SEAL) The Hanover Insurance Company (SEAL)
BY:
nature
e, s C bebra S. RiR-*?Itttorney-in-F-act
Address: 6230 Fairview Road, Suite 230
Charlotte, NC 2821.07--
(Sea)and Notarial Acknowledgment of Surety) Telephone(704)a65---6213--_--,-,, -
CD 6
Acknowledgment by Surety
STATE OF NORTH CAROLINA
COUNTY OF GASTON
On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me
known, who being by me duly sworn, did acknowledge and say that she is the Attorney-
in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing
instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office
in the above County, the day and Tear written above
M OCA
-TAP
Angela NOtount, NotafV1 Public N10
State of North Carolina pubjjc
County of Gaston
My Commission Expires: 10/12/2013 N
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS SAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Raymond J.Garruto,Debra S.Ritter,Ramona Fewell,Martin D.Pallazza.Angela M.Yount and/or Brad W.Gibson
of Charlotte,NC and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,
and as its act and deed any place within the United States,or,if the following fine be filled in,only within the area therein designated
any and all bonds, recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows:
Any such obligations in the United States,not to exceed Fifteen Million and No/100($15,000,000)in any single Instance
and said companies hereby ratify and confirm all and whatsoever said Attorneys)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and
all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the
seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as it they had been duly executed
and acknovviedged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance
Company;Adopted April 14,1982-Massachusetts Bay insurance Company;Adopted September 7,2001-Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS SAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President,this 22nd day of September 2008,
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZEN111�4SURANCE COMPANY OF AMERICA
W-AL
mary Jeanne Fir ejsnn.Vi6e Presi-ent
Rnbert K.Gtennan Ass stallf-v—ice P-es�cerlt
THE COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER ss.
On this 22nd day of September 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations,
- - - - - -- -----
c" Af ig� Publj'c
*06 0 4 N I Notary
P My commission expires on November 3,2011
1, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the
same extent as if elf signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted
October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7,2001
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies,at Worcester, Massachusetts,this 19th day of Jurie 20 09
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITJ�ENS INSURANCE COMPANY OFAMER 1CA
Ste ,ceP�resld�-m
PIP,Y�e,
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
CITY OF REDLANDS SAFETY HALL
RELOCATION INTERIM FACILITIES (FIRE
MODULAR UNIT), Project No. JL-41102
Labor Code Section 3700,provides, in part that:
"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 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 of this Contract. (Labor Code section 1861)
Dated this day of 2009,
Cor tor)
tr
(Signature)
nev,111 no
efi id
(O ficial Title)
(SEAL)
(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.)
CD 4
Bond No. 1879471
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P
(hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated June 111
2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM
FACILITIES (FIRE MODULAR UNIT), Project No. JL-41102 is hereby referred to and made
a part hereof, and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
performance of said project.
Now,therefore,said Principal and The Hanover Insurance Company as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sum of One Hundred Seventy Two
Thousand Seven Hundred Twenty Six and OO/ ftrs($ 172,726.00 — — ) lawful money of the
United States, 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 hers heirs, executors,
administrator,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 their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall 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 therefore, there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no 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 above named, on
June 19 2009,
M Space P (SEAL) The Hanover Insurance Company (SEAL)
- U ( qUtractor)
.,Q,.r� ,(S ty) "
t,(Signal (Signature)'
0-Ad 0 Debra S. Ritter, Attorney—in—Fact
Address: 6230 Fairview Road, Suite 230
Charlotte, NC---T871-9-—
(Seal and Notarial Acknowledgment of Telephone( 704
Surety)
CD 5
Acknowledgment by Surety
STATE OF NORTH CAROLINA
COUNTY OF GASTON
On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me
known, who being by me duly sworn, did acknowledge and say that she is the Attorney-
in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing
instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office
in the above County, the day and near written above,
611 1 %0-rpay
Angela ml, ount. Not ad Public jPjj5LIC
State of North Carolina
County of Gaston
My Commission Expires: 10/12/2013 N
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P
(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install
and complete certain designated public, improvements, which said agreement, dated June 19
2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM
FACILITIES (FIRE MODULAR UNIT), Project No. JL-41102 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 file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made in Tide 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, are held firmly bound unto the
City of Redlands and all contractors,
subcontractors, laborers, material men and other persons employed
in the perfo aid en -nd refe to in the aforesaid Code of Civil Procedure in
gnmenTuRnUhree4fifeesiv en Mm5n, I even
A for materials furnished or labor
the sum of-H= Si 1781-
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 attorney's fees, incurred by the City of
Redlands in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed
as cost-,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
per-sons, 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 said 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.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
Juen 19 2009.
M Space P*--k P (SEAL) The Hanover Insurance Foff"ny (SEAL)
I
BY:
nat�e I Debra S. RiR-'W'ur9ktorne'y—in—F.act
Address: 6230 Fairview Road, Suite 230
Charlotte N-C- - 28 10
(Seal and Notarial Acknowledgment of Surety) Telephone(704)aft5--hZL3-----
CD 6
Acknowledgment by Surety
STATE OF NORTH CAROLINA
COUNTY OF GASTON
On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me
known, who being by me duly sworn, did acknowledge and say that she is the Attorney-
in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing
instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office
in the above County, the day and year written above.
Angela Ml- unt, Not Public
State of North Carolina
County of Gaston
My Commission Expires: 10/12/2013
N
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Raymond J.Garruto,Debra S.Ritter,Ramona Fewell,Martin D.Pallazza,Angola M.Yount and/or Brad W.Gibson
of Charlotte,NC and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,
and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated
any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows:
Any such obligations In the United States,not to exceed Fifteen Million and No/100($15,000,000)In any single Instance
and said companies hereby ratify and confirm all and whatsoever said Attorneys)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, In conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attomsys4n-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and
all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the
seat of the Company.Any such writings so executed by such Attomeys-in-tact shall be as binding upon the Company as if they had been duty executed
and acknowiedged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance
Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001 -Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President,this 22nd day of September 2008.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
- CITIZEN"SURANCE COMPANY Of AMERICA
*074
Mary Jeanne A/dqy4on,Vrce Pre§Jde
Robert K,Grennan.Assistalnfc,,p&re.sident
THE COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER
On this 22nd day of September 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
WJWft no&gum
Ron pow
Notary public
My commission expires on November 3,2011
1, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the
same extent as If all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile,*(Adopted
October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7,2001
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 19th day of ,Tune 20 09
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
Ct7MS INSU CE COMPANY OF ERICA
Stop Braul, s-s' Vice Pres O>3nt
ACOE(Nt
06/19/MMONYYY)09GIR-D. CERTIFICATE OF LIABILITY INSURANCE DAT
PRODUCER 1-800-955-8700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur i. Gallagher & Co. insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
15 Enterprise, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Aliso Viejo, CA 92656
Steve Surber INSURERS AFFORDING COVERAGE NAIC III
-------------------T----------------------------
INSURED INSURER A:ACE AMERINS CO �22667
X Space CA LP
INSURERS:Hartford Fire In Co 19682
The Lincoln Building ------- -----------
60 East 42nd Street, Suite 2534 fNSURERC:Great American Assur Cc 126344
New York, NY 10165 -!nURKI2D:Landmark Amer Ins Cc33138
.........
----------
INSURER E CONTINENTAL INS CO 135289
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY PEOUIREMENT,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. ----------
06U6y-e-FWTry-E7 EXPIRATION UNITS
WJMWR WE MUM= palfifflWaym
A ! X tiERALUABILM PMW24065241001 12/31/08 12/31/09 EACH OCCURRENCE 1$1,000,000
X I COMMERCIAL GENERAL LIABILITY $100,000
T-1 r—
CLAIMS MADE 1 X OCCUR j MED FXP $10,000
00
$2, 0 000
NE RE ATE
GFN'L AGGREGATE LIMIT APPLIES PER: PR PA $2,0
00,000
PRO
POLICY F LOC
B AUTOMOBILE LIABILITY 72UNCUM6811 07/21/08 07/21/09 i
I(Ea COMBISINGLE LIMIT $1,000,000
wadenNED t)
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULEDAUTOS (Perpwson) Is
ix
I HIRED AUTOS BODILY INJURY
t)
IX NON-OWNED AUTOS ---------(Perac,'aden --- ---------
�COMP DED. $1.000 __
PROPERTY DAMAGE is
(Peraccidpnn
iX
iCOLL. DED. $1,000
AUTO ONLY-EA ACCIDENT
F-1 ANY OTHERTHAN EAACC
-T-
AGO $
C
F-1 AUTOONLY:
I EXCESSIUMBRELLALIABILITY !UMB2195732 12/31/08 12/31/09 L�FACHOCCU----RRENCE
------- �
- 1$10,0001000
1 10,BOB,000
CLAIMS MADE AGGREGATE
J OCCUR 7
F
DEDUCTIBLE
-t------------
RETENTION $ 10,000
I WCSTAIU- 1 !OTH-j,
WORKERS COMPENSATION AND fQ�
R_LWIT,
----------
EMPLOYFRS'LIABILITY
----------------
ANY PROPPIETOMPARTNER/EXECUTIVE
OFFICERNEMSFREXCLUDED? E .DISEASE-EA EMPLOYEEI$
%PFU�LPROVIOWS below E-L.DISEASE-POUCY LIMIT
OTHER
12/31/09 7,334,896
D PROPERTY BLKT RC/SPECIAL ILHT415143 PP/SUILDING
8 RXNTED/LR&SRD NQUXPXKNT zC2099332752 12/31/08 12/31/09 :NR ITEM 50,000
2 11N.INSTALLATION OPERATION IC2099332752 i 12/31/08 12/31/09 ONE PR=ISE 3,500,000
OESCRVMMOFOPERATIONS ILDCAMWIVEMLES/eXCLUSIMADOMOYENDORSEMENtISPECIAL PROYMMS
The certificate holder(O is/are named additional insured/primary/non contributory an respects to the general liability
policy, per the attached forms LD217300107 and CC1215, as required per written Contract.
RN: Project No. JL - 41102.
Certificate Holder(s) Continued: City of Redlands, San Bernardino County, CA.
CERTIFICATE HOLDER CANCELLATION 10 DAYS NOTICE OF CANCELLATION FOR NONPAYX—INT
SHO"ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EVIRATION
City of Redlands safety Hall Relocation interim DATE THEREOF,THE MSUM INSURER WILL ENDEAVOR TO MAIL-2-0 DAYS WVMEN
Facilities (Fire Department) project No. JL - 41102 NOTWE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO$0 SMALL
Attn: Tim Wilson IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER,,ITS AGENTS OR
1270 W. Park Avenue
REPRESENTATIVES,
Redlands, CA 92374 1 AUTH(ArMOREPRESENTATIVE
USA
-4C6RO25(2001=)kriotin123 CAC DCORPORATION 1998
12286583
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(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 after the coverage afforded by the policies listed thereon.
A 25(2001,108)
PRIMARY AMC?NON-CONTRIBUTORY ENDORSEMENT
Nwned tnswed Er4orsemfd Numw
M SPACE 14OLDIuGs, LL
Policy `Y Porky Per#rd E 4ive Date o3 EW,tswrl mt
PMD1 G24865241001 12/31/08 TO 12/31/09 12/31/08
sv(142M of game ,
1nW ft . The M=hder d k,to be to of ow
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies Insurance provided under the following:
CUSTOM GENERAL LIABILITY POLICY
Condition 4,Other insurance of SECTION IV--CC NOffiows,is amended to include the fallowing:
A. This insurance is primary if,
1, Any additional insured under this policy has other liability insurance Mich applies to a loss covered by this policy;
and
2. You have specifically agreed In a written contract executed prior to the loss that this insurance must be primary
and non-contributory with rather insurance issued directly to such additional insured.
S. However,when this insurance is primary to and non-contributory with other insurance,we will only pay the amount of
the loss,if any,that exceeds the Self Insured Retention.
Nothing herein shall operate to increase the Limits of Insurance. �
All other terms,exclusions and conditions remain unchanged.
f
l
Authorized Agent
M11515-- AnU.SA paw 1 at 1
ADDITIONAL INSURED E E I E Y WRITTEN CONTRACT
�r�r17 �tT'3l€
Endorsement NU#Tib�fi
M Spans Holdings, I.LC TBD
F'7rtry ilxal Policy Number �al ry }�rI�e3 tte�t ve� a Eter r�r 4�
PHD _I24 5 41-001 12/31/0 o 12/31/09 12/31/08 t
its By(Nam of Insu y) �
, ACE American Insurance Company
Insen the palicy number,The rernon the!nfbmvMcn is to be Completed oMy when this erxiorsernerit is Issued subsequelt to Sha preparation of the Oicy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies all Insurance provided under the fallowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to Section 16.2-Who 1s An Insured:
e. Any person or organization that you are required to include as an additional insured under this policy
because of a written contract that:
t is in effect during this policy period;and
2 Was executed prior to the"occurrence'of the'bodily injury"or"property damage";and
3 Qualifies as an"insured contract'as defined in this policy.
Such person or organization is an additional insured only for;
4) Coverage under Section I - Coverages, Coverage A. Beadily Injury and Property Damage
Liability-,and
Liability arising out of"your work"or'your produc r for that additional insured and
r} For the period of time required by the written contract and in no event beyond the expiration
of this policy.
In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance
required by the written contract-
7)
rat ct-7j The insurance provided by this endorsement shall be limited to the Limits of Insurance
required by tete writtencontract',and
j 'yetis endorsement shall not increase the Limits of Insurance stated in the Declarations under
Item 3,Limits of Insurance pertaining to the coverage provided herein.
Any coverage provided by this endorsement to an additional insured shall be excess over any tither
valid and collectible insurance available to the additional insured whether primary, excess,contingent
or on any other basis unless the written contract specifically requires that this insurance apply on a
primary or non-oontributory basis.
In accordance with the terms and conditions of the policy and as more fully explained in Me policy, as
soon as practicable, each additional insured must give us prompt notice of any "occurrence" which
may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and
otherwise comply with all of the policy's terms and conditions.
Authorized Agent
Lia-21730 1/ Printed in . , , Page t of 1
Invudes copynghteddmaterial of insuran-ce Servjces Office,inn,with its i v.
Momm-1, CATS
qC 19 9
R49 UCt SeT1at A24t37Q T� C R KATEIs ISSUED AS A MATTER OFINFORMATION
EI RISK SERVICES,INC.t FLC3RIt)A tete Y A i NFER NO RIGHT UPON T14 � ATE
AC
t1OLI ER TH1; CERTIfill DOES NOT AMEND, EXTEND OR
1001 BRICKELL t lY DRIVE,SUITElI1100 ALTER T11E COVE CAGE AFFORDED BY T14E POUCtES BELOW.
MIAMI,FL 33131-4937 COMPANIES APFORO NG COVERAGE
PHONE: 800-743.8130 FAX: $00-522-7514
COMPANY AMERICAN INTERNATIONAL SOUTH INS.CO.
A
OURED COMPANY
ADP TOTAL,SOURCE 11,INC. 8
10200 SUNSET DRIVE,MIAMI.FL 33173
IJC4~: COMPANY
N SPACE CA LP
Tto Ltt i*St"V,W ESO 42nd SL.Ste 2534.NY.NY 10165 COMPANY
0
THIS IS TO CR:RRT f!THAT T1E PC31Fd RIF USED BELQYY IiAYE BEEN ISSUED TO THE 00MOWMEDABi FOR Tib~ROOFY PERIOD
9+11RCAT0,NOTWCI#t&T�ANY RBtiARMINT,TiRM OR CONIXTIOk OF ANY CONTRACT OR OTM IdIX'rUMEt rr AtITHRESPECT'ro v F I Tin
CERTIFICATE MAYBE t D OR MAY Pt:AIK THE INSURANCEAFFORDO By THE POWES MCRIM MM IS SU9JECT TO Alit.THE TERMS,
IDWAMOANDCONOMONSOF SUCH tSC?l LM%SHOK"Mil tlM R9I)II=ZYPAR)CLANS,
aPMerlififill TYPE OP►Iitl MANCE POLICY NLVA�t � U11i
Old L&#A .ITY GENERAL AGGREGATE $
t NERAL Ul PRODUCTS.COMPA7P AGG S^ _
CLA1-s MADE tl OCCUR PERSO AL&ADV NAM s
E3tlYk£R'SS£XMdtRACTOFt'sFRUT EACHOCCEIRIWwNC:E. s
WREDAisNtGE t�n«��t S
MEDEXP(AIN om p-wo $
AUTOMOGILE LIABILITY
COti>BWED 5NGt.E LW S
ANYAUTO
ALL OWNED AUTOS t t
SONEWLEO AUTOS c�
CORED AUTOS
NON4)WNED AUTOS S
—_------ PROPERTY DAMAGE s
L.LAiIS.iTY AUtOOKY-EAACCl7E.NT s
ANYRtJiC1 CITMERTf"AUTO OM.Y
EACH ACCIDENT S
AGGREGATE s
EMU EACttOCCURIZD4CE s
UMBRELLA FORM AGGREGATE S
0Tf*:RTM NUMBRELLAFORM �� S
WOR110"Ca ATliMf1W0 WC 4367195 CA t}7I01r2ow o71d112t g X TpRrtesYs
>; amove umil LITY EL EACHAGCCe4T s� 2,000
3 TwPncrvwTowrrcl ELDfSEASE-POLJCYLRAT s 1,000,00
-. o,.u, CVIwEP�
arr4waAm EXCL ELDSEASE-EA EMPLOYEE s 11000,000
aTil�e
,LL WORKSITE EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY,PAID UNDER ADP TOTALSOURC E,tNC;'S PAYR L,
m COVERED UNDER THE ABOVE STATED POLICY.RE:CFTY OF REDLANDS SAFETY HALL RELOCATION,INTERIM FACILITIES(FIRE
)EPARTMENT)PRWEC;T JL 411 OZ,1270 W PARK REDLANDS,CA 92374
9NOt"AMYOFAWO 010011110110 0011 es BE CJM10EU"101111MW Tim
THE CITY OF REDLAN yS EtfPM&IIM DM T}ISItEIJF,Tk*I l lriC COMPANY WILL 1310EOM TO Ill
35 CAtC?N ST.,SHITE 15A 30 I7m ifffnat ow=TO TMC18C F"IEllCLa9tWAMT0 n*Ll 1:
REDlAxM,CA 92373 OW FALtMTOAULSL CH tsOFttCESIALI# g309L"Tm aRtlA lW
OF ANY "D WgN TM WWAsit', ITS A=l OR > >7l"i
AUT EtS7A"3I
AON MKSERVIM,INC:OF FLORa4
A �► ,� - 06fl9=9
RODUCER Serie # A24M THIS CERTMATE-13 ISSUED AS A MATTER QEFINFORMAPON
AC?N RISK SERVICES,INC.{ FLORIDA ONLY ANI? CONFE" NO MGM UPON THE CERTMATE
WILDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1001 BRICKELL BAY DRIVE,SUITE 91100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI,FL 33131-+4937- COMPANIES AFFORDING COVERAGE
PHONE WO-743-8130 FAIL: 800.5121514 - —
COMPAltY
A AMERICAN INTERNATIONAL SOUTH INS.CO.
' D CO PAW
ADP TOTALSOURCE D.INC, e
10M SUNSET DRIVE,MIAMI.FL 33173
Lr-X: COMPANY
MSPACE CA LP O
The Lacon&*dm-s0 EW 42rd SL,Ste 2534,NY,NY 1(1165 CO PAW
D
ms Is TOCEArwylHAT ups ELM 1�Le�rl�v� I N�rQ 1 �t7 wino 1=oa r+�wc�+,icv��Ioa
OOCATED,NOTWITHlST'AND ANY ItEOUIR8N ;TERMOR C.OFIWICN OF AWOONTRACT OR OTHER DOOMENT RST Tis V"CH Tis
CERTIFICATE MAY 8E ISTD OR MAY PERTAIN,T►&MURAN10E AFFORDED&YTHE POUCIEB DESCRIBED WEREIN IS SUB :CT TO ALL THE TERM
S(OWS10NS AND COI+I#ITMMOF SIX H POLICIES,MTSSH0MMkYMVE SEEN RMCED BY PAII)CLAW:
Tail. TY#w appouWOICL POLICYiMA1m tam
LM LITY GENERAL AGGREGATE S
COMMEROAL C-&45 A-LtA8M PROD CTS•COWPOPAGG S
CLAI.0 mAm F�occuR PERSONAL$ADV IN AM f
MYNERSGCONTRACTORS PROT EAGHOCCL R£NCE $
FREDAMAGE(ARVOW re) S
MEOEXA iAn or*pw-4m) S
AUTOMOBILE Lt UMLITY
ANY AUTO come f.ED SWAE L"T $
ALL OWNED AUTOS
SCHEDULED AUTOS
9 $
HARED ALiTOS
NON.OVVNED AUTOS w-cxt S
PROPERLYDAWGE S
GARAGE LIAINLITY AUTO ONLY•EAACCCENT s
AW AUTO OIFERTHANAUTOONLY —
EACHAL{'COff S_
_ —
AGGREGATE S ..Y.—.
EXC ENI LIASK TY EACH OCCLMENCE S
UPORELLA FORM AGGREGATE S
OTHER THAN MORELLAFORM $
rkUFtlSEtt'acompEmATKNAND WC 4367195 CA 07/01/2008 07/01/2009
swur ltB'UA toy ELEACHACCCENT #
3 1�wcRovwerowX r�cc EL pa..x:� !u� s 1,000,000
RA47MlRS�f�Ctrtwt —
OFMARSARE EXCL ELOSEASE-EA EMPLOYEE 4 1rOOd,O(X7
aF
,U.WORKSITE E'MPLO'YEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY,PAID UNDER ADP TOTALSOURCF-INC.'$PAYRO.L,
,RE COVEt2EL'i UNDER THE ABOVE STATED POLICY.RE:CITY OF REDLANDS SAFETY HALL RELOCATION,INTERIM FACILITIES(PD
OCKUP MODULAR UNIT)PROJECT JL 411€Z 1270 W PARK REDLANDS,CA 92374
l0"ANYCF THE ADM 06MAM POLICM ON CANICKIAD BE THE
THE CITY OF REQ SAN BERNANDtN0 CITY EXPMtAIM*AM Tl NEW,THE WSLOW CGWAW WILL INOWWOR TO falx.
35 CA.7ON ST.,SUITE 15A 30 DAYS MOa17m mmmTo as CAY!!resfEmLoBlNMAE"THE LEFT,
REDLANDS,CA 97373 Off FAltJRSTO MALSUCH Npili.E SMALL M!ME NOOKJ"T=OR LOAMY
OF ANY AOIID UPON T!E COWAW, fM AOM% OR 494 WATM M
1 AON RISK SERVr.M AVC OF FLORIDA
ACORD 7. CERTIFICATE OF LIABILITY INSURANCE DATE /DDtYYYYj
06/244/09
PRODUCER 1-800-955-8700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher & Co. Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
15 Enterprise, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Aliso Viejo, CA 92656
Steve Surber i INSURERS AFFORDING COVERAGE MAIC#
INSURED
M Space CA LP INSURERA:ACE AMER INS CO 22667
The Lincoln Building INSURERB:Hartford Fire In Co 19682
60 East 42nd Street, Suite 2534
tNSURERC:Great American Assur Co '.26844
New York, NY 10165 INSURER D:Landmark Amer Ins Co 33138
ININS CO 35289
COVERAGES
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 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.
INSRDD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE LIMITS
A X GENERAL LIABILITY PMDG24865241001 12/31/08 12/31/09 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGEN
PREMISES Eaoccurence $100,000
I CLAIMS MADE a OCCUR MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY �$1,000,000
j GENERALAGGREGATE $2,000,000
�
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG I$2,000,000
X POLICY PRO-JECT LOC j
B X AUTOMOBILE LIABILITY 72UECUM6811 07/21/08 07/21/09
COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY
X $
SCHEDULED AUTOS (Per person)
X HIREDAUTOS
BODILY X NON-OWNED AUTOS (Per accident) $
X COMP DED. $1,000
PROPERTYDAMAGE � $
X LOLL. DED. $1,000 (Peraccldent)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
C
EXCESS/UMBRELLALIABILITY UMB2195732 12/31/08 12/31/09 EACH OCCURRENCE $10,000,000
7X OCCUR CLAIMS MADE AGGREGATE $10,000,000
Is
DEDUCTIBLE $
X RETENTION $ 10,000 $
WORKERS COMPENSATION ANDi TORY 1 I R �
STATU- ! OTH-i
R
i EMPLOYERS'LIABILITY � t
ANY PROPRIETORIPARTNER/EXECUTIVE I j E.L.EACH ACCIDENT 1$
OFFICERRWEMBEREXCLUDED? ! E.L.DlSEASE-EAEMPLOYEE�$
If yes,describe under
SPECIAL PROVISIONS below i E.L.DISEASE-POLICY LIMIT $
OTHER
D PROPERTY BLXT/RC/SPECIAL ILHT415143 12/31/08 12/31/09 pP/BUILDING 7,334,896
E RENTED/LEASED EQUIPMENT 02099332752 12/31/08 12/31/09 PER ITEM 50,000
E IM:INSTALLATION OPERATION 02099332752 12/31/08 12/31/09 ANY ONE PREMISE 3,500,000
DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The certificate holder(s) is/are named additional insured/primary non-contributory as respects to the general liability
policy, per the attached forms LD217300107 and CC1E15. The certificate holder(s) is/are named additional
insured/waiver of subrogation applies as respects to the auto liability policy, per the attached forms CA00011001 and
HA99160706. As required per written contract.
RE: Project No. JL-41102
Certholder(s) Continued: City of Redlands, San Bernardino County, CA
CERTIFICATE HOLDER CANCELLATION 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Redlands Safety Hall Relocation Interim DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Facilities (Fire Department) Project No. JL - 41102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Attn: Tim Wilson
1270 W. Park Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
Redlands, CA 92374 AUTHORIZED REPRESENTATIVE
q,.
USA
ACORD 25(2001148)Sandra123 �ACORD CORPORATION 1988
12330429
B. Owned Autos You Acquire After The Policy We will also pay all sums an 'Insured` legally must
Begins pay as a'covered pollution cost or expense'to which
1. If Symbols 1,2,3,4,5 or 6 are entered next to a this insurance applies, caused by an 'accident' and
coverage in Item Two of the Declarations, then resulting from the ownership, maintenance or use of
you have coverage for'autos*that you acquire of covered 'autos'. However, we will only pay for the
the type described for the remainder of the policy %overed pollution cost or expense` if there is either
In-
period. 'bodily injury' or'property damage'to which this In-
surance applies that is caused by the same 'acci-
2. But, If Symbol 7 is entered next to a coverage in dent
Item Two of the Declarations, an 'auto' you ac-
quire will be a covered "auto' for that coverage We have the right and duty to defend any 'insured"
only if: against a 'suit' asking for such damages or a 'cov-
e. We already cover all 'autos'that you own for er'd pollution cost or expense'. However, we have
dY Y no duty to defend any 'insured' against a 'suit'
that coverage or It replaces an'auto'you pre- seeking damages for 'bodily Injury" or 'property
viously owned that had that coverage;and damage' or a 'covered pollution cost or expense' to
b. You tell us within 30 days after you acquire It which this insurance does not apply.We may Inves-
that you want us to cover it for that coverage. ligate and settle any claim or 'suit" as we consider
C. Certain Trailers, Mobile Equipment And appropriate. Our duty to defend or settle ends when
Temporary Substitute Autos the Liability Coverage Limit of Insurance has been
If Liability Coverage is provided by this Coverageexhausted by payment of judgments or settlements.
Form, the following types of vehicles are also cov- 1. Who Is An Insured
ered"autos'for Liability Coverage: The following are*insureds":
1. 'Trailers'with a load capacity of 2,000 pounds or a. You for any covered'auto'_
less designed primarily for travel on public roads. b. Anyone else while using with your permission
2. 'Mobile equipment' while being carried or towed a covered "auto' you own, hire or borrow ex-
by a covered'auto'. cept:
3. Any 'auto" you do not own while used with the (1) The owner or anyone else from whom you
permission of Its owner as a temporary substitute hire or borrow a covered 'auto'. This ex-
for a covered`auto'you own that is out of service ception does not apply if the covered
because of its: 'auto'is a"trailer'connected to a covered
a. Breakdown; 'auto'you own.
b. Repair; (2) Your 'employee' if the covered 'auto' is
C. Servicing; owned by that"employee'or a member of
g his or her household.
d. 'Loss';or {3} .Someone using a covered 'auto'while he
e. Destruction. or she is working in a business of sailing,
SECTION It—13ABtiJTY COVERAGE servicing. repairing, parking or storing
'autos'unless that business is yours.
A. Coverage
{4} Anyone other than your 'employees",
We will pay all sums an'insured'legally must pay as partners (if you are a partnership), mem-
damages because of 'bodily injury' or `property bars(if you are a limited liability company),
damage' to which this insurance applies,caused by or a lassee or borrower or any of their
an *accident* and resulting from the ownership, 'employees", while moving property to or
maintenance or use of a covered'auto'. from a covered'auto'.
(6) A partner (if you are a partnership), or a
member(if you are a limited liability com-
pany) for a covered 'auto* owned by him
or her or a member of his or her house-
hold.
Paige 2 0 ISO properties,Inc., 2000 CA 00 0110 01
c. Anyone liable for the conduct of an *insured' B. Exaliuslons
described above but only to the extent of that This insurance does not apply to any of the following.
liability. 1. E)wocted Or kftndod injury
2. Coverage Extenakma *Bodily injury' or *property damage" expected or
a. Supplementary Payments Intended from the standpoint of the*insured*.
In addition to the Limit of Insurance, we will Contractual
pay for the'insured':
(1) All expenses we incur. Liability assumed under any contract or agree-
ment.
(2) Up to $2,000 for cost of bag bonds (in-
cluding bonds for related traffic law viola- daBut this exclusion does not apply to ;lability for
Ul tions) required because of an 'accident" mages:
0 we cover.We do not have to furnish these a. Assumed in a contract or agreement that is an
CO
C; bonds. 'Insured contracr provided the "bodily injury"
C> (3) The cost of bonds to release attachments or 'property damage* occurs subsequent to
in any 'suit* against the "Insured" we de- the execution of the contract or agreement,or
fend,but only for bond amounts within our b. That the'Insured*would have in the absence
Limit of Insurance, of the contract or agreement.
(4) AD reasonable expenses incurred by the 3. Workers'Compensation
CO
'insured' at our request, including actual Any obligation for which the 'insured* or the 'in-
loss of earnings up to$250 a day because surod's* insurer may be hold liable under any
of time off from work. workers! compensation, disability benefits or un-
(5) AD costs taxed against the'Insured'In any employment compensation law or any similar law,
C".)
In suit'against the'Insured'we defend. 4. Employ" Indemnification And Emptoyses
(6) All interest on the full amount of any judg- Liablifty
ment that accrues after entry of the judg- 'Bodily injury'to:
ment in any'suit'against the'insured*we a. An 'employee' of the *insured' arising out of
defend, but our duty to pay interest ends and in the course of:
when we have paid, offered to pay or de-
posited in court the part of the judgment (1) Employment by the*Insured*;or
that Is within our Limit of Insurance. (2) Performing the duties related to the oon-
"MAR b. Out-01-State Coverage F-Vonsions duct of the'insureds'business;or
While a covered'auto'is away from the state b. The spouse,child, parent, brother or sister of
where it is licensed we will; that *employee' as a consequence of Para-
(1) Increase the Limit of Insurance for Liability graph a.above.
Coverage to meet the limits specified by a This exclusion applies:
compulsory or financial responsibility law (1) Whether the*Insured' may be liable as an
of the jurisdiction where the covered
auto* is being used.This extension does employer or In any oth4 capacity;and
not apply to the limit or limits specified by (2) To any obligation to share damages with
any law governing motor canters of pas- or repay someone else who must pay
songers or property. damages because of the injury,
(2) Provide the minimum amounts and types But this exclusion does not apply to'bodily injury'
of other coverages, such as no-fault re- to domestic *employees' not entitled to workers!
quired of out-of-state vehicles by the jurls- compensation benefits or to Ilablilly assumed by
diction where the covered 'auto' Is being the'Insured'under an'Insured contract".For the
used. purposes of the Coverage Form,a domestic'am-
We will not pay anyone more than once for ployee*is a person engaged In household or do-
mestic work Wormed principally In connection
the same elements of loss because of these with a residence promises.
extensions.
SAW&
CA 00 0110 01 0 ISO Properties,Inc., 2000 Page 3
COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
cc
00
C) BUSINESS AUTO COVERAGE FORM
C7
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
VA
provisions of the Coverage Form,the provisions of this endorsement apply.
1. BROAD FORM INSURED B. Employees as Insureds
co
k�D A. Subsidiaries and Newly Acquired or Paragraph A.1.-WHO IS AN INSURED- of
?I
N Formed Organizations SECTION 11 - LIABILITY COVERAGE is
The Named Insured shown in the amended to add:
01 Declarations is amended to include: d. Any *employee" of yours while using a
Ln
rncovered "auto" you don'! own, hire or
(1) Any legally incorporated subsidiary in
which you own more than 50% of the borrow in your business or your
voting stock on the effective date of the personal affairs.
Coverage Form. However, the Named C. Lessors as Insureds
Insured does not Include any subsidiary Paragraph A.I. -WHO IS AN INSURED-of
am&" that is an "insured" under any other Section 11-Liability Coverage is amended to
see automobile policy or would be an add:
insured" under such a policy but for its e. The lessor of a covered "auto"while the
termination or the exhaustion of its Limit "auto" Is leased to you under a written
of Insurance. agreement if:
(2) Any organization that is acquired or (1) The agreement requires you to
formed by you and over which you provide direct primary insurance for
maintain majority ownership. However, the lessor and
the Named Insured does not include any
newly formed or acquired organization: (2) The*auto"is leased without a driver,
(a) That Is a partnership, joint venture Such a leased "auto" will be considered a
or limited liability company covered "auto" you own and not a covered
(b) That is an "Insured" under any other "auto"you hire.
policy, 2. AUTOS RENTED BY EMPLOYEES
(c) That has exhausted its Limit of Any "auto" hired or rented by your "employee"
Insurance under any other policy,or on your behalf and at your direction will be
(d) 180 days or more after Its considered an"auto"you hire.
acquisition or formation by you, The OTHER INSURANCE Condition Is amended
unless you have given us notice of by adding the following:
the acquisition or formation.
If an "employee's" personal insurance also
Coverage does not apply to "bodily applies on an excess basis to a covered "auto*
injury* or*property damage"that results hired or rented by your "employee" on your
from an *accident' that occurred before behalf and at your direction, this insurance will
you formed or acquired the organization, be primary to the "employee's" personal
insurance.
Form HA 9916 07 06 Page I
0 2006,The Hartford(Includes copyrighted material
of ISO Properties,Inc.,with As permission-)
d. Any other electronic equipment that receives (2) A partner, if you are a partnership;
or transmits audio, visual or data signals if (3) A member, if you are a limited liability
such equipment: company;or
(1) is permanently installed in a covered (4) An executive officer or insurance manager,it
"auto"at the time of the"loss":and you are a corporation.
(2) is designed to be solely operated by use 13. UNINTENTIONAL FAILURE TO DISCLOSE
of the power from the "auto's" electrical HAZARDS
system, in or upon the covered "auto"; If you unintentionally fail to disclose any hazards
and existing at the inception date of your policy, we
(3) was initially installed or is a replacement will not deny coverage under this Coverage
of equipment that was Initially Installed Form because of such failure.
by the auto manufacturer or dealer 14. HIRED AUTO-COVERAGE TERRITORY
before the covered *auto"was delivered
co to the original purchaser;and Paragraph e. of GENERAL CONDITIONS 7. -
(4) the value of the equipment was included POLICY PERIOD, COVERAGE TERRITORY- of
in the retail cost the original purchaser SECTION IV-BUSINESS AUTO CONDITIONS is
replaced by the following:
paid for the covered"auto",
e. For short-term hired "autos". the coverage
9. EXTRA EXPENSE-BROADENED
COVERAGE territory with respect to Liability Coverage is
anywhere in the world provided that if the
Under Paragraph A.-COVERAGE -of SECTION "insured's"responsibility to pay damages for
r-
C14 III - PHYSICAL DAMAGE COVERAGE, we will 'bodily injury" or *property damage" is
pay for the expense of returning a stolen covered determined in a"suit,"the"suit"is brought in
C-)
C> auto"to you. the United States of America, the territories
10. GLASS REPAIR-WAIVER OF DEDUCTIBLE and possessions of the United States of
Under Paragraph D.-DEDUCTIBLE-of SECTION America, Puerto Rico or Canada or in a
III - PHYSICAL DAMAGE COVERAGE, the settlement we agree to,
cm following is added: IS. WAIVER OF SUBROGATION
No deductible applies to glass damage if the TRANSFER OF RIGHTS OF RECOVERY
glass is repaired rather than replaced, AGAINST OTHERS TO US - of SECTION IV -
11 TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended by
Under Paragraph D.-DEDUCTIBLE-of SECTION adding the following:
III - PHYSICAL DAMAGE COVERAGE. the We waive any right of recovery we may have
following is added: against any person or organization with whom
you have a written contract that requires such
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not waiver because of payments we make for
an automobile policy or coverage form applies to damages under this Coverage Form.
the same"accident",the following applies: 16. RESULTANT MENTAL ANGUISH COVERAGE
(1) If the deductible under this Business Auto The definition of "bodily injury" in SECTION V-
Coverage Form is the smaller (or smallest) DEFINITIONS is replaced by the foliowing:
deductible, it will be waived; "Bodily injury" mans bodily injury, sickness or
=0 (2) If the deductible under this Business Auto disease sustained by any person, including
Coverage Form is not the smaller (or mental anguish or death resulting from any of
smallest) deductible, it will be reduced by these.
the amount of the smaller (or smallest) 17. EXTENDED CANCELLATION CONDITION
loom deductible. Paragraph 2. of the COMMON POLICY
12. AMENDED DUTIES IN THE EVENT OF CONDITIONS - CANCELLATION- apples except
ACCIDENT,CLAIM,SUIT OR LOSS as follows:
sm
The requirement in LOSS CONDITIONS 2.a. - If we cancel for any reason other than
DUTIES IN THE EVENT OF ACCIDENT, nonpayment of premium, we will mail or deliver
CLAIM, SUIT OR LOSS - of SECTION IV - to the first Named Insured written notice of
BUSINESS AUTO CONDITIONS that you must cancellation at least 60 days before the effective
notify us of an "accident' applies only when the date of cancellation.
"accident"is known to:
(1) You,if you are an individual.-
Form HA 99 16 47 06
~
ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT
Named Insured Endorsement Number
M Space Holdings, LLC TBD
Policy Symbol I Policy Number Policy Period Effective Date of Endorsement
PMD G24865241-001 12/31/08 to 12/31/09 12/31/08
Issued By(Name of Insurance Company)
ACE American Insurance Company
Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies all insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following |madded 0nSection ||.2—Who |sAnInsured:
e. Any person or organization that you are required to include as an additional insured under this policy
because ufawritten contract that:
1) |oineffect during this policy period; and
2) Was executed prior to the"occurrence"of the"bodily injury"or"property damage"; and
3) Qualifies aman"insured contract"esdefined inthis policy.
Such person ororganization ieanadditional insured only for:
4) Coverage under Section | - Coverages, Coverage A. Bodily Injury and Property Damage
Liability; and
5) Liability arising out of"your work"or"your product"for that additional insured; and
G) For the period of time required by the written contract and in no event beyond the expiration
of this policy.
In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance
naqu|nyd bythe written contract:
7) The insurance provided by this endorsement shall be limited to the Limits of Insurance
required bythe written contract; and
8) This endorsement shall not increase the Limits of Insurance stated in the Declarations under
|ham 3. Limits mfInsurance pertaining hothe coverage provided herein.
Any coverage provided by this endorsement to on additional insured shall be ex000m over any other
valid and collectible insurance available to the additional insured whether primary, excess, contingent
or on any other basis unless the written contract specifically requires that this insurance apply on a
primary ornon-contributory basis.
|naccordance with the terms and conditions ofthe policy and momore fully explained inthe policy, an
soon as pnaotioab/e, each addiUonel insured must give us prompt notice oyany "occunonce~ which
may result in a c|aim, forward all legal papers to us, cooperate in the defense of any antionm, and
otherwise comply with all ofthe policy's terms and conditions.
Authorized Agent
LD-2173O(O1/07)Printed|n U.S.A. Page 1 of
MY OF REDLANDS
TEWORARY BUSINESS TAX y l
0 RECEIPT 9
AMOUNT$
DATE �
Name of Business M Spa ��A- )D
Expiration Date
Business Description
&YL4K
Comments:
Lab st -.
4 �Ngg
CITY OP REMANDS
OFFICE
MnAtSi