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HomeMy WebLinkAboutContracts & Agreements_42-2004_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1151 004 PM RECORDING REQUESTED BY ,� LARRY vvALKER (m AND WHEN RECORDED MAIL TO: Auditor/Controller — Recorder R Regular Mail CITY CLERK CITY OF REDLANDS Doc#:! 2004—0423253 Titles: 1 Pees: 1 35 CAJON STREET Fees 0.00 P.O. BOX 3005 Taxes 0.00 REDLANDS CA 92373 Other 0.00 1 i PAID $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,this notice must be filed within 10 days after completion of work. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: CITY OF REDLANDS 3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate of the owner is; In fee. 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on June 3,2004. The work done was: Clay Street Buildings Hazardous Materials Abatement, Contract No. 247200-7150125037. 7. The name of the contractor for such work of improvement was: Brickley Environmental 957 W.Reece Street,San Bernardino CA 92411 Marc ho16, 2004 (Date of8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of California,and is described as follows: 1235, 1243, and 1255 Clay Street 9. The street address of said property is: 1235, 1243, and 1255 Clay Street r Dated:June$, 2004 Senior Engineer,Public Works Dep rtment,City of Redlands VERIFICATION I,the undersigned,say I am the Public Works Director of the declarant of the foregoing Notice of Completion,and have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on June $, 2004,at Redlands,California. Public Works Director,Public Works Depa ment,City of Red{ands AGREEMENT THIS AGREEMENT,made and entered into this 16 ' day of March, 2004, 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 the "City",and Brickley Environmental of the City of San Bernardino,County of San Bernardino, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction of Clay Street Buildings Hazardous Materials Abatement project,complete,all as shown, specified, and made a part of Contract No. 247200-7150/25037. 2. For the Contract Sum of$25,700.00, in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed within twenty-five(25)work days from and after the date of the Notice to Proceed. 4. Liquidated Damages.Failure ofthe Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are,and will continue to be,impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it,the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall,in addition to any costs and other relief,be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims,losses,damages,and causes of action,including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor, its employees or agents in connection with the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375.000-00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contracts code(commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201,if the City receives a third party claim in relation to this Contract,the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself,its partners,successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the City and Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL By: Councilmember, City of Redlands County of San Bernardino,California ATTEST: City CleCity of Res County of San Bemart�, a'lifornia Brickley Environmental Name of Contractor &/CONTRACTOR SEAL By: Sig`n—arure of Authorized Agegr/ Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 610414 B, ASB, HAZ, C-33 Contractor's License No. WORKERS' COMPENSATION INSURANCE CERTIFICATION CLAY STREET BUILDINGS HAZARDOUS MATERIALS ABATEMENT CONTRACT No. 247200-7150/25037 Every employer except the State,shall secure the payment of compensation in one or more of the following ways: surer duly authorized to (a) By being insured against liability to pay compensation in one or more in 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 Workers'Compensation or to undertake self-insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code Section 1861) JN114,4-9 Date Brickley Environmental Name of Contractor By: nature of Authorized Ag Signatory's Title 610414 B, ASB, HAL C-33 Contractor's License No. ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: 66112077 COUNTERPART NO. L_ PREMIUM: $471.00 PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands,State orCalifornia(hereinafter designated as City), and Brickley Environmental(hereinafter designated as Principal)have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated March 16,2004, and identified as Contract No. 247200-7150/25037, is hereby referred to and roa-de a part hereof; and WHEREAS,AS, under the terms of said agreement,Principal is required before entering upon the performance or the work, to furnish a good and sufficient faitbful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City in the SUM Of TWENTY—FIVE THOUSAND SEVEN HUNDRED AND 00/100----------------- dollars ($ 25,700-007---------- for the payment of which sum well and truly to be made,we bind ourselves, our heirs, Successors, executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions,and provisions in the said agreement and any alteration thereof madc as therein provided,or his or her part,to be kept and performed at the time and in the manner therein specified.. and in all respects according to their true intent and meaning,and,shall defend,indemnify and save harmless the City,its elected officials,officers,agents,and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall,b ! included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the sailic 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 WITNFSS WHEREOF, this instrument has been duly executed by the Principal and surety named, on MARCH 29 , 2004, Bond No, 66112077 BRICKLEY EP VIRONMENTAL_ (SEAL) LINCOLN GENERAL INSURANCE COMPANY 1) Surety T a" —FAM S, nature Bv S ture :31ULI B. LEONARD, ATTORNEY—IN Address: 501 WEST BROADWAY SUITE 1400 SAN DIEGO CA 92101-8509 (Notarial Accknow1cdgmwits of Principal and Surety) 'relephOne: (__�19 ) 774-5034 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAR 2 9 2004 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s)of Signers) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon S. ` KYSETH behalf of which the person(s) acted, executed the instrument. CAM Fftfty#1274061 Noaypubic_Cdftmia WITNESS my hand and official s al. Son Beffxrdlno County Y Comm-EVuea Sep 12.201014 Signature f otary Public 1 I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s):_ ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee .. ❑ Trustee ❑ ❑ Guardian or Conservator • Guardian or Conservator Top of Thumb here ❑ Top of Thumb here ❑ Other: Other: Signer Is Representing: Signer Is Representing: BD-1133 09/00 YK JW 17402-0136 Bond No. 66112077 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond.` This bond will not pay for any portion of certified terrorism loss beyond any applicable,annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: 66112077 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY'THESE PRESENTS:That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Kenneth A.Coate, Mark N. Giadding, Julia B. Leonard its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorneys)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents, RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying, IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpor to be a xed, these presents to be signed by its duly authorized officers this 4th day 4 m4%2002. Attest. ."`4 ORATE O'er Gary 1 do Sc tart' 44hojwani, The Commonwealth of Pennsylvanian' ;C3 York County 0 ., a;�+Afs \ •"' yt On this 4th day of September, 2002, before m?' onallj cam C. Bhojwani, to me known, who being duly sworn, did depose and say:that he is the President of the Corpc�{d>SNigari}Ied in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seai The Commonwealth of Pennsylvania Catherine Marie Loose,Notary York County Springettsbury Twp.,York C tuft'Commission Expires June t Notary PubTt I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 29TH day of MARCH 2004 v � µittstttrtrrr�t� �tit1\ k i.t�.t I �Fjrf i ." ORAr 7. d Secretary CS&R !. ' 1977 0 � ��f��tlll�xtttldttltik4�k11(�`�`h��� 0 RJ G LINT AUL ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: 66112077 COUNTERPART NO. PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of Redlands,State of Cah fornix(hereinafter designated as"City"), and Brickley Environmental(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated March 16,2004, and identified as Contract No. 247200-7150/25037, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the 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 and firnily bound unto the City and all contractors,subcontractors, laborers,matenalmen,and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of TWENTY—FIVE THOUSAND SEVEN HUNDRED AND 00/100---------------------- dol I ars ($ 25,700.00------------------ )for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and foes, including reasonable attorney's fees,incurred by the City in successfully enforcing such obligation,to he awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persoils, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon,this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the Sal-lie shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety natned, on MARCH 29 2004. Bond No. 66110277 BRICKLEY ENVIRONMENTAL (SEAL)L) LINCOLN GE,NTRAL INSURANCE COMPANY (SEA T) Principal Surety A Nn By-, V16 cure, 4ignaturc JULIA B. LEONARb, ATTORNEY—IN FACT Address: 501 WEST BROADWAY, SUITE 1400 SAN DIEGO CA 92101-8509 (Notarial Acknowlr6j�mrn�W'Principal and Sunny) Telephone: ( 619 774-5034 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On VAR g g 2004 before me, S.L. KYSETH, NOTARY PUBLIC ---- ...r� Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon S. L KYSETHH behalf of which the person(s) acted, executed the instrument. Commb*)n#1274061 NotvyRAAc—CdftmI0WITNESS my hand and official s al. San Bonarmno County My Comm.ExpkW Sep 1 Z.2004 Signatu f Notary Public ---------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s):_ ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee !T ='R ❑ Trustee Guardian or Conservator . - E] Guardian or Conservator • • i ❑ Other: Top of Thumb here Other: Top of Thumb here ❑ ❑ Signer Is Representing: Signer Is Representing: BD-1133 09/00 hmw -WW- PAY# 711=M-M <@>33504%&eft�0-B=3705� 1br4 PA 174M-0136 Bond NO. 66112077 TERRORISM RIDER NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO: 66112077 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and auvoint: Kenneth A.Coate, Mark N. Gladding, Julia B. Leonard its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars(53,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 46 day of September,2002. RESOLVED that the President,an Executive or Senior Vice Presidcnt,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorneys)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpo to be axed,ap#these presents to be signed by its duly authorized officers this 4th day 4jturrx 2002. `N � INS Attest: . �poRAr,- -•�' - Gary J. do Se hojwani,Pres id t 1977 The Commonwealth of Pennsylvania _ ;C)_= York County Jac}' NSYI`4l`�4 . �l cam C. Bhojwani,to me known, who being duly sworn,did On this 4th day of September, 2002,before me��ana depose and say:that he is the President of the Corps l h{t d in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company,and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania jCaffi6llinetMane Loose,Notary York County ngettsbury Twp.,York C mmission Expires June 1 Notary Pubir I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN'W'ITNESS'yN'HEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 29TH day of MARCH 2004 ���� }tHtfft17J1/1j I NSA CRATE '' J.r d Secretary p 1977 .t..,= Ci' y N Cofforknii Company Profile Insurance p y LINCOLN GENERAL INSURANCE COMPANY 3350 WHITEFORD ROAD YORK, PA 17402 800-876-3350 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 33855 NAIC Group #: 1326 California Company ID #: 4679-7 Date authorized in California: May 11, 2001 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information ji Com;�any_Enforcement Action Documents Company_ Performnnce & Comparison Data Composite Complaint_Studes Want More? He_1pMe Find a CoMpany epresentative in-My Area Financial Ratite Organizations Last Revised-February 18, 2004 03:13 PM Copyright©California Department of Insurance Disclaimer ...11UM c_orporare ;949 788 0072 # 1/ 2 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATEJMWOD" 03/29/2004 PRODUCER (949)957-4500 FAX-(949)857-4800 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION - Millennium Risk Management & Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License # OC13490 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 5530 Trabuco Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92620 INSURERS AFFORDING COVERAGE INSURED Brickley Construct-lon Inc. INSURER A: Aaerican Int. Specialty Lines Ins./AIG DBA: Brickley Environmental INSURER B: Commerce & Industry Ins. Co./AIG 957 West Reece St. San Bernardino, CA 92411 INSURER C- INSURER D: INSURER E 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. ILTNSR —_rKNIXTE—F—FOW POLICY EXP R TYPE OF INSURANCE POIUCYNUMOER DATE(MMID11rM DATE GENERAL UAJULrrY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ON 00 CLAIMS MADE [_il occuR 19SS751 FIRE DAMAGE G"one fire) S 100.00 12/31/2003 12/31/2004 mED Exp(Any one Person) $ 10, A X Pollution Liab. ILO X Mold Abate. Liab. PERSONAL&ADV INJURY $ 000,00 'I ::' (I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z1000100 1X1 "1010D 0 PRODUCTS-COMPIOP AGG S Z,000,00 LOC POLICY 7 MT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (EA accident) $ 11000 ALLOWNEDAUTOS 19SS504 12/31/2003 12/31/20 ,000 " SCHEDULED AUTOS BODILY INJURY HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY Comp Ded.$1000 (Per accident) $ Coll Ded. $1000 PROPERTY DAMAGE (Per accident) AGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT OTHER THAN EA ACC $ EAUTO ONLY: _AGG.I $ EXCESS LIABILITY — CLAIMS MADE EACH OCCURRENCE $ 4,000 OCCUR ,dft D AGGREGATE § 4,0W,0ft A 955752 12/31/2003 12/31/2004 . $ DEDUCTIBLE - RETENTION § $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 282304 X 149R"Y M9 I I ER B OIL/01/2004 01/01/200S E.L.EACH ACCIDENT $ loom, 1EA-DISEASE-FA EMPLOYEE $ 1 Ido�WOWP OTHER E.L.DISEASE-POLICY LIMIT $ 1"Nolow DESCRIPZION OF 01 T1 NS/LOCA'nO CWLCLUSIO, rtiticati aer i s I ADDED BY EN ORSEMENTISPECIAL PROVISIONS ttached tiom 2 as respects General Liability per endorsement E: Sob #6653/Contract #247Z00-7150/ZS037, Clay St. building Haz Hat Abatement and All California rations, Redlands, CA 92373 110 day notice of cancellation in the event of non-payment of premium. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE A84YW DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR To MAIL I_ DAYS WRITTEN NOTICE TO THE CERTIFICATE"OLM NAMED To THE LEFT, City of Redlands BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODUGATION OR LIABILITY 3S Cajon Street, Ste. 4 OF MY KIND UPON PANY�ITS AGENTS OR R"RWftTIM. ESE Redlands, CA 92373 AUTHORIZED RIEPRI ENTA no M 'A a Arellano ACORD 25-S(71971) OACORD CORPORATION 1988 — , —m;m t t t enn t um Corporate :949 788 0072 # 2/ 2 a' ENDORSEMENT NO. 3 This endorsement, effective 12:01 ANI, December 31,2003 Farms a part of Policy Not: 1955751 --issued to: BRICKLEY CONSTRUCTION COMPANY DSA: BRICKLEY ENVIRONMENTAL. ..-__By: . ,AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of$0 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: AS REOUIRED BY WRITTEN CONTRACT City of Redlands 35 Cajon St., Ste.4 Redlands, CA 82373 RE: Job#6653/Contract#247200-?150!25037, Clay St. building Haz. Mat. Abatement and All California Operations, Redlands, CA 82373 This does not apply to bodily Injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. .As--respects1*x overage-affarded..the,Additional,insured, this assurance is primary and non-contributory, and our obliga- tions aro not affected by any other insurance carried by such Additional Insured whether primary, e=ess, contingent or on any other basis. This endorsement does not Increase the Company's limits of liability as specified In the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. AUTHORMED REPRESENTATIVE or counters' re (in states where app" le) 78123 (6101) PAGE 1 OF 1 C11486