HomeMy WebLinkAboutContracts & Agreements_39-2003_CCv0001.pdf Recorded in Official Records, County of San Bernardino 5/22/2003
RECORDING REQUESTED BY � LARRY WALKER CV
PM
AND WHEN RECORDED MAIL TO: si'ar� Auditor/Controller — Recorder
CITY CLERK � R Regular Mail
CITY OF REDLANDS
35 CAJON STREET Dock 2003-0344056 Titles: 1 Pages: 1
P.O. BOX 3005 Fees 0.00
REDLANDS CA 92373 Taxes 0.00
Other
0.00
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 0 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 May 19,2003. The work done was:
Wabash Avenue Storm Drain, Contract No. 405300-7240/48012.
7. The name of the contractor for such work of improvement was:C.P. Construction Company, Inc.
105 S.Loma Place,Upland CA 91786 March 4, 2003
(Date of Contract)
& 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:Wabash Avenue between Citrus Avenue and Highland Avenue
9. The street address of said property is: N/A
Dated:May 20, 2003
Senior Engineer, Public Works epartment, 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 May 20, 2003, at Redlands,California.
Public Works Director, Public Works Dep ent, City of Redlands
AGREEMENT
THIS AGREEMENT, made and entered into this 4" day of March, 2003, 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 C.P. Construction Company, Inc. of the City of Upland, 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 Wabash Avenue Storm Drain project, complete, all as shown, specified, and made a
part of Contract No. 405300-7240/48012.
2. For the Contract Sum of$221,793.00, 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 sixty (60) work days from and after the
date of the Notice to Proceed.
4. Liquidated Damages. Failure of the 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.
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:
Mayor, City of Redlands
County of San Bernardino, California
ATTEST:
City Clerk, City of R.
County'Of San Bernardino, California
C.P. Construction Company, Inc.
Name of Contractor
CONTRACTOR SEAL By:
John Blow h.
Signature of Authofi d Agent
Vice President.
Signatory's Title
N/A.
Signature of Authorized Agent (if necessary)
N/A.
Signatory's Title (if necessary)
304795 A, C-12, C-34. C-42
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTMCATION
WABASH AVENUE STORM DRAIN
CONTRACT No. 405300-7240/48012
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 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)
March 14, 2003.
Date
C . Construction Company, Inc.
Name of Contractor
By: John Blough.
Signature of Aut ri Agent
Vice President.
Signatory's Title
304795 A� C-12 C-34 C-42._
Contractor's License No.
EXECUTED IN DUPLICATE. BOND NO. : 8492647
PREMIUM $2 ,271 . 00
PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as City),
and C.P. Construction Company, Inc. (hereinafter designated as Principal)have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which by said
agreement dated March 4, 2003, and identified as Contract No. 405300-7240/48012, is hereby referred
to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the
performance of the work, to furnish a good and sufficient faithful performance bond with the City.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound
unto the City in the sum of Two Hundred Twenty-One Thousand Seven Hundred NJnetyTbree*****dollars
($221,793.00********.#) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors and administrators,jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made
as therein provided, or his or her part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and
save harmless the City, its elected officials, officers, agents, and employees, as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition the face amount specified therefor, there shall
be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in
successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on MARCH 13 2003. Bond No. 8492647
Fidelity and Deposit
C . Construction Co. , Inc. (SEAL) Company of Maryland (SEAL)
Principal Surety
A,
By: si, By:
� nature Signature DWIGHT REILLY, A'T'TORNEY—IN—FACT
Address: 225 So. Lake Ave., Suite 700
Pasadena, California 91101
(Notarial Acknowledgments of Principal and Surety) Telephone: ( 626 ) 792-5748.
State of California RIGHT THUMBPRINT(Optional)
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WOLCOTTS FORM 83237 Rev.3-94(price crass 8-2AI 01994 WOLCOTTS FORMS,INC, l
ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WTH SIGNER I-APACITYiREPRrSENTATI0NiTVV0 FINGERPR;NTS
7 67775 63237
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of San Bernardino
On MARCH 13, 2003 before me, ..... CLAUDETTE N. MARTIN, NOTARY PUP
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Data Name and Tille of Officer{e.q.,'Jane 1708.Notary PobNc") i
personally appeared DWIGHT REILLY ----------------------.----------
Name(s)of Signer(s)
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Place Notary Beat Above S+gnaturo of Notary Public ]
CLAUDETTE N. MARTIN
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Though the Information below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaitachrneot of this form to another document. i
Description of Attached Document
Title or Type of Document: PERFORMANCE BOND
MARCH 13 2003 1
Document Date: Number of Pages:
.1
Signer(s)Other Than Named Above: NONE
Capacity(les) Claimed by Signer
Signer's Name: 1CLGHT_..,CET_LLY --- -------------------- OR
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❑ Corporate Officer—Title(s):
1. ❑ Partner—❑ Limited ❑ General
N Attorney in Fact
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❑ Guardian or Conservator
❑ Other:
FIDEt_ITY AND DEPOSIT COMPANY OF 11
Signer Is Representing:
MARYLAND
1897 Nallcnal Notary Association•9350 De Solo Ave.,P.O Box 2402•Chatsworth,CA 91313-2402 Prod.No 5907 Aeorder call TO Free 1-800-876-6827
Bond Number: PRF8492647
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE:3910 KESWICK ROAD,BALTIMORE,MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of
Maryland,by Paul C.Rogers,Vice President and T.E. Smith, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of
the By-Laws of said Company,which are set forth on the next page hereof and are hereby certified to be in fulll force and effect on the date hereof,
does hereby nominate,constitute and appoint ,its true and
lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: Bond or undertaking
number PRF8492647 ,issued on behalf of C.P.Construction Co.,Inc, as
Principal in a penalty not to exceed the sum of Two Hundred and Sixty Six Thousand One Hundred artd Fifty Twa
(S 266,152 ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said
company,as fully and amply,to all intents and purposes,as if it had been duly executed and acknowledged by the regularly elected officers of the
Company at its office in Baltimore,MD.,in their own proper persons.
The said Assistant Secretary does herby certify that the extract set forth on the next page hereof is a true copy of Article VI,Section 2,of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate
Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 13th day of March ,A.D.2003 .
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
W �
T. E.Smith ,assistant Secretary Paul C.Rogers Vice President
State of Maryland
ss:
County of Baltimore
On this 13th day of March A.D.2003 before the subscriber,a Notary Public of the State of Maryland,duly commissioned and
qualified, came Paul C. Rogers,Vice President, and T.E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each
acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said
officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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Carol J.Fader Notary Public
My Commission Expires:August 1,2004
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President, or any of the Senior Vice-Presidents or
Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the
concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-
in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,
undertaking,recognizances,stipulations,policies, contracts,agreements, deeds, and releases and assignments of judgements,decrees,mortgages
and instruments in the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further
certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specialty authorized by the
Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy
of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13th day of March 2003
0EPpf!
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L.L.Goucher/! Assistant Secretary
EXECUTED IN DUPLICATE
PAYMENT BOND BOND NO. : 8492647
PREMIUM :
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as
"City"), and C.P. Construction Company, Inc. (hereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to install and complete certain designated public improvements,
which by said agreement dated March 4, 2003, and identified as Contract No. 405300-7240/48012, 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 firmly bound
unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of
California in the sum of T%c Hundred Twmty4n Thousand Seven Hundred Nicety—111�ee********dollars
($ 221,793.00*******) 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 fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part
4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void:
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall 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 named,
on MARCH 13 12003. Bond No. 8492647
Fidelity and Deposit
C.P. construction Co. , Inc. Company of Maryland (SEAL)
Principal Surety
By: J u es By:
nature SignatureDWIGHT REILLY, ATTORNEY—IN—FAC9
Address: 225 So. Lake Ave._, Suite 700
Pasadena, California 91101
(Notarial Acknowledgments of Principal and Surety) Telephone: (_,k26 ) 792-5748..._
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aI The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
( It could, however, prevent fraudulent attachment of this certificate to any
OPARTNER(S) OLIMITED
unauthorized document. GENERAL
OATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document : ) TRUSTEE(S) 1
MUST BE ATTACHED OGUARDIANICONSERVATOR €
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{� 70 THE DOCUMENT Number of Pages ,Date of Document OOTHER:_--- — �
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g WOL COTTS FORM 63237 Rev.3-94(price vasa 8-2A) 1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAS'ACiTY/REPRESENTATIOWTV'1O FINGERPR€NTS
7 67775 63237 '
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of San Bernardino
MARCH 13, 2003 CLAUDETTE N. MARTIN, NOTARY Pt1 LI
On , before me, $ �
Date Name and I ills of Officer(e.g.,`Jane Doe,Notary Public")
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DWIGHT REILLY -------------------------------
personally appeared
Name(a)of Signers) 3
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capacity(0§10, and that by hislltb3iU14
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WITNESS my hand and official seal.
)rS± nature of Nota Pit i
Place Notary Sant Above g �`
CLAUDETTE N. MARTIN
OPTIONAL
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Though the Information below is not required by law, it may prove valuable to persons relying on the document
and could prevent traudutent removal and reattachment of this form to another document. j
Description of Attached Document PAYMENT BOND
Title or Type of Document:
MARCH 13, 2003 1
Document Date: dumber of Pages:
Signer(s)Other Than Named Above: NONE
t
Capacity(les) Claimed by Signer
l
Signer's Name: DWTGHT _ __---
RFTLLY _-------------------
❑ Individual Top of ii,umb l,nrn
0 Corporate Officer—Title(s):
❑ Partner—0 Limited I-J General
IN Attorney in Fact
0 Trustee
❑ Guardian or Conservator
❑ Other:
FIDELITY AND DEPOSIT COMPANY OF
Signer Is Representing:
MARYLAND
0 1997 National Notary Aswdatlon•9350 De Solo Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call TollFree1.800-876-6827
Bond Number: PRF8492647
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE:3910 KESWICK ROAD,BALTIMORE,NID 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of
Maryland,by Paul C.Rogers,trice President and T.E. Smith, Assistant Secretary,in pursuance of authority granted by Article Vl, Section 2,of
the By-Laws of said Company,which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof,
does hereby nominate,constitute and appoint DWIGHT REILl Y ,its true and
lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: Bond or undertaking
number PRF8492647 ,issued on behalf of C P.Construction Co, Inc. as
Principal in a penalty not to exceed the sum of Two u,,,,,rcd a
(S 266,Ig2 ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said
company-,as fully and amply,to all intents and purposes,as if it had been duly executed and acknowledged by the regularly elected officers of the
Company at its office in Baltimore,MD.,in their own proper persons.
The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI,Section 2,of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate
Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 13th day of March ,A.D.2003 .
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
i
DUO
By:
J MM+ S
W �
t�
ate elk T.E. Smith Assistant Secretary Paul C.Rogers Vice President
State of Maryland
SS:
County of Baltimore
On this 13th day of March A.D.2003 before the subscriber,a Notary Public of the State of Maryland,duly commissioned and
qualified, came Paul C. Rogers,Vice President, and T.E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each
acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said
officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
NOTAW
Carol J.Fader Notary Public
My Commission Expires:August 1,2004
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or
Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the
concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-
in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,
undertaking, recognizances,stipulations,policies, contracts,agreements, deeds, and releases and assignments of judgements, decrees,mortgages
and instruments in the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further
certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the
Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the nth day of May,1994.
RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy
of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13th day of March 2003
'�� DEPpf�i
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L.L.Goucher Assistant Secretart,
Company Profile Pagel of
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Company Profile �ns4rawX
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER I
SCHUAMBURG, IL 60196-1056
800-382-2150
Agent for Sen ice of Process
ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA,
CA 91101-0000
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC 39306
NAIC Group 0212
California Company ID #: 2479-4
Date authorized in California: January 01, 1982
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: MARYLAND
——-—–--------------------___........... ___.... .......................................................... .................
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.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
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Company Profile Page 2 of 2
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SPRINKLER
SURETY
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WORKERS' COMPENSATION
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Last Revised-January 08,2003 06:21 PM
Copyright(0 California Department of Insurance
Disclaimer
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ACORD. -T DATE(MM/DD/YY)
- CERTIFICATE OF LIABILITY INSURANCE, DSSDS
PRODUCER — �PCD 03/13/03
THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CROSBY INS. , INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. BOX 31150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ANAHEIM CA 92809
Phone: 714-221-5200 Fax:714-221-5210 INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Starnet Insurance Company
INSURER B: STATE COMPENSATION INS.FUND
C.P. Construction Co. , Inc. INSURER C. NAT. UNION FIRE INS. CO. PITTS
P.O. Box 1206
Ontario CA 91762 INSURER D: N. American Specialtv Ins. Co
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,
INSR� I POLICY EFFECTIVE.POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM1DD YY DATE{MM1DD YY ITS
GENERAL LIABILITY I 1 EACH OCCURRENCE ; $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY 2SMCC3CPPO02804 FIRE DAMAGE(Any one fire) ; $300 000
02/01/03 02/01/04
; :
CLAIMS MADE XOCCUR
!AED EXP'Any one person) !$ 10,000
X XCU, BFPD,OC�P
�IJBF�
; PERSONAL&ADV INJURY S1,000,000
� X' Contractual L1 ab
GENERAL AGGREGATE 1 $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:'
PRODUCTS-COMP/OP AGO 1$2 000,000
POLICY Fj JPERCOT
LOG
AUTOMOBILE LIABILITY
SINGLE LIMIT $ 1,000,000
A X ANY AUTO 2SMCC3BAU002704 02/01/03 02/01/04
COMBINED
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
X! HIRED AUTOS
BODILY INJURY
X
NON-OWNED AUTOS (Per accident)
COMP/COLE
PROPERTY DAMAGE
!DED: $1000
(Per accident)
GARAGE LIABILITY
I AUTO ONLY-EA ACCIDENT
I
i ANY AUTO NO COVERAGE PROVIDED
I F-I I I i OTHER THAN ADD 1 $
AUTO ONLY:
AGO $
i EXCESS LIABILITY
EACHOCCURRENCE 1$ 5,000,000
C Xi OCCUR CLAIMS MADE BE2987959 02/01/03 02/01/04 1 AGGREGATE
1$ 5 ,
000000
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
WC STAT(�-i ER
UIH-i
I
EMPLOYERS'LIABILITY X;TORY LIMI S
0460008632-03 01/01/03 01/01/04 11 E.L.EACH ACCIDENT $ 1,000,000
I E.L.DISEASE-EA EMPLOYEE $ 1,0 0 0,0 0 0
E.L.DISEASE-POLICY LIMIT � $ 1,000,000
OTHER
D
Builders Risk61NO016474-00
03/18/02 03/18/03
Ded $5000 $1000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: Wabash Avenue Storm Drain project Contract #405300-7240/48012. City of
Redlands, its elected officials, employees and agents are named as
Additional Insureds. *10 Days Notice of Cancellation for Non-Payment of
Premium Applies. (xx/autoaipr)
CERTIFICATE HOLDER
Y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
REDLAN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER MILL MAIL _t3Q_DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
CITY OF REDLANDS
P.O. Box 3005
Redlands CA 92373 AUTHORIZED REPRESENTATIVE
InsuranceCrosb Inc.
ACORD 25.5(7197)
@ACORD CORPORATION 1988
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 alter the coverage afforded by the policies listed thereon.
ACORD 25-S(7/97)
StarNet
This Endorsement Change The Policy. Please Read It Carefully.
Additional Insured Endorsement
This endorsement modifies insurance provided under the following:
Business Automobile Coverage Form
Truckers Coverage Form
Named Insured: Policy Number:
C.P. CONSTRUCTION CO., INC. 2SMCC3BAU002704
Additional Insured: Endorsement effective: From: 02,101103 To: 02;'01,'04
CITY OF REDLANDS, ITS ELECTED OFFICIALS, EMPLOYEES AND AGENTS
RE: WABASH AVENUE STORM DRAIN PROJECT CONTRACT#405300-7240/48012
Unless otherwise indicated aboe,will expire on policy expiration date
The following paragraph is added to Section 11. A.I. Who Is An Insured:
The additional insured, shown in the schedule above, for all sums:
i. that the additional insured must pay because of"bodily injury"or
"property damage"to which this insurance applies; and
ii. resulting from the additional insured's liability for the conduct of any
other "Insured", but only to the extent of that liability.
A-8060 (06-01)
Form No: CA 00 01
0797
Page 7 of 9
is also void if you or any other"insured", at any time, will be credited against the final premium due
intentionally conceal or misrepresent a material fact and the first Named Insured will be billed for the
concerning. balance, if any. If the estimated total premium
a. This Coverage Form; exceeds the final premium due, the first Named
b. The covered "auto"; Insured will get a refund.
c. Your interest in the covered 'auto"; or b. If this policy is issued for more than one year,the
premium for this Coverage Form will be com-
d. A claim under this Coverage Form. puted annually based on our rates cr premiums
3. Liberalizallon in effect at the beginning of each year of the
If we revise this Coverage Form to provide more policy.
coverage without additional premium charge, your 7. Pollcy Period, Coverage Territory
policy will automatically provide the additional Under this Coverage'Form,we cover'accidents" and
coverage as of the day the revision is,effective in your "losses' Occurring:
state. I
a. During the policy period shown in the Declara-
4. No Benefit To Ballee—Physical Damage Coverages tions; and
We will not recognize any assignment or grant any b. Within the coverage territory.
coverage for the benefit of any person or organization The coverage territory is;
holding, storing or transporting property for a fee
regardless of any other provision of this Coverage a. The United States of America;
Form. b. The territories and possessions of the United
5. Other Insurance States of America;
a. For any covered "auto" you own, this Coverage c. Puerto Rico; and
Form provides primary insurance, For any d. Canada,
covered 'auto* you don't own, the insurance We also cover "loss' to, or "accidents' involving, a
provided by this Coverage Form is excess over covered "auto"while being transported between any
any other collectible insurance. Hovvever, while of these places.
a covered"auto"which is a"trailer'is connected 8. Two Or More Coverage Forms Or Policies Issued By
to another vehicle, the Liability Coverage this Us
Coverage Form provides for the'trailer' is: if this Coverage Form and any other Coverage Form
(1) Excess while it is connected to a motor or policy issued toyou by us or any company affiliated
vehicle you do not own. with us apply to the same "accident',the aggregate
(2) Primary while it is connected to a covered maximum Limit of Insurance under all the Coverage
.auto,you own. Forms or policies shall not exceed the highest ap-
b. For Hired Auto Physical Damage Coverage, any plicable Limit of Insurance under any one Coverage
covered "auto"you lease, hire, rent or borrow is Form or policy. This condition does not apply to any
deemed to be a covered "auto"you own. How- Coverage Form or policy issued by us or an affiliated
ever, any "auto' that is leased, hired, rented or company specifically to apply as excess insurance
borrowed with a driver is not a covered "auto". over this Coverage Form.
c. Regardless of the provislons of Paragraph a. SECTION V— DEFINITIONS
above,this Coverage Form's Liability Coverage is A. "Accident' includes continuous or repeated exposure to
primary for any liability assumed under an "in- the same conditions resulting in"bodily injury"or"proper-
sured contract'. . ty damage".
d. When this Coverage Form and any other B. 'Auto" means a land motor vehicle,'trailer'or semitrailer
Coverage Form or policy covers on the same designed for travel on public roads but does not include
basis, either excess or primary, we will pay only "mobile equipment'.
our share. Our share is the proportion that the
Limit of Insurance of our Coverage Form bears to C. "Bodily injury' means bodily injury, sickness Or disease
the total of the limits of all the Coverage Farms sustained by a person Including death resulting from any
art policies covering on the same of these.
anti i 1
6. Premium Audit U. "Covered pollution cost cr expense' means any cost or
a. The estimated premium for this Coverage Form expense arising out cf,
is based on the exposures you told us you would L Any request, demand Gr order;or
have when this policy began. We will compute Z. Any claim or"suit' by cr on behalf of a governmental
the final premium due when we determine your authority demanding
actual exposures. The estimated total premium that the "insured" or others test for, monitor, clean up,
POLICY NUMBER: 2SMCC3CPP002804 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM 13)
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
Blanket as required by written contract.
CITY OF REDLANDS,ITS ELECTED OFFICIALS, EMPLOYEES AND AGENTS.
RE: WABASH AVENUE STORM DRAIN PROJECT,CONTRACT#405300-7240/48012
(If no entity appears above,information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED(SECTION 11) is amended to include as an insured the person or organization
shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or
for you.
.,It is agreed that such insurance as is afforded by this policy for the benefit of the
additional insured shown shall be primary insurance,and any other insurance
maintained by the additional insured(s)shall be excess and non-contributory,
but only as respects any claim, loss or liability arising out of the operations of
claim,loss or liability is determined to be solely the negligence or responsibility
of the named insured."
CG 20 10 1185 COPYRIGHT,INSURANCE SERVICES OFFICE, INC, 1954 Page I of I