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HomeMy WebLinkAboutContracts & Agreements_209-2005_CCv0001.pdf T RECORDING REQUESTED BY Recorded in official Records, County of San Bernardino AND WHEN RECORDED MAIL TO: 1012312006 -Y LARRY WALKER 10:11 AM Auditor/Controller – Recorder SH CITY CLERK CITY OF REDLANDS R Regular Mail 35 CAJON STREET = � P.O. BOX 3005 Doc##: 2006—0721 077 Titres: t Pages: i REDLANDS CA 92373 Ii fi�' °'.e NOT UIRED � �i � i Taxes 0.00 s ! Other 0.00 S �.ii(JPf 6I03 SPACE ABOVE THIS LINE FOR RLcUxu"s vac PR DD /CPN ao0knvI 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: I. 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 October 12,2406. The work done was: New York Street Improvements, Phase I, Contract No. 208300-7230141003, T The name of the contractor for such work of improvement was: Hillcrest Contracting, Inc. 1467 Circle City Drive,Corona CA 92879 November 1, 2005 (Date of Contract) 8. 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: New York Street from Colton Avenue to Lugonia Avenue 9. The street address of said property is: NIA Dated:October 16, 2006 Senior Civil Engineer, Publ' Works Department,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 October 16, 2006,at Redlands, California. Public Works Director, Public Works De0artment,City of Redlands AGREEMENT THIS AGREEMENT,made and entered into this I"day of November,2005,by and between the City of Redlands, a N4unicipal Corporation,organized and existing under the laws of the State of California,hereinafter referred to as the"City",and Hillcrest Contracting,Inc.,of the City of Corona,County of Riverside,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 New York Street Improvements, Phase I project, complete, all as shown, specified, and made a part of Contract No. 208300-7230/41003. 2. For the Contract Sum of $1,481,643.00, 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 one-hundred and twenty(120)workdays 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, 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 the notification' incurred in providing required by Public Contract Code section 9201(b). Z1_ I 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: /mer,City of Redlands—Councilmernber County of San Bernardino.California ATTEST: City Clerk, City ofd Fed/ nds) int Cy of San H I t116,1C a I i to m i a Hillcrest Contracting, Inc. Name of Contractor By: Signature of Authorized Agent Glenn J. Salsbury-Praideat Signatory's Title CTOR SEAL Signature of Authorized Agent (if necessary) Signatory's Title (fnecessary) 471664 Contractor's License No. WORKERS' COMPENSATION INSURANCE CERTIFICATION NEW YORK STREET IMPROVEMENTS, PHASE I CONTRACT No. 208300-7230/41003 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) Date Hillcrest Contracting, Inc. Name of Contractor By: Signature of Authorized Agent -� n js -Cle Signatory's Title Z� - 471664 Contractor's License No. EXECUTED IN TWO COUNTERPARTS BOND # 7576557 PERFORMANCE BOND PREMIUM: $9,825 VMMAS, the City Council of the City of Redlands, State of California (hereinafter designated as City), and Hillcrest Contracting,Inc. (hereinafter designated as Principal)have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated November 1, 2005, and Identified as Contract No.208300-7230/41003, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City in the sum of ONE MILLION FOUR HUNDRED EIGHTY—ONE THOUSAND SIX HUNDRED FORTY—= dollars ($ 1,481 ,643.00 —)for the payment of which sum well and Truly to be made,we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, f=ly by These presents, The condition ofthis 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. LN WITNESS VQU RE OF, this instrument has been duly executed by the Principal and surety named, on NOVEMBER 8 2005. Bond No. 7576557 HILLCREST CONTRACTING, INC. (SEAL) FIDELITY AND DEPOSIT COMPANY OF MAPYLAI L) Principal Surery By;v By: Signature 'Signature MATTHEW T. FLAKE/ATTORNEY—IN—FACT Address:.801 N. BRAND BLVD. , SUITE PENTHOUSE GLENDALE, CA 91203 1 (Ne-mrial Acimowledgmcnts dPrincipal and Sumty) Telephone: (..818 409-2800 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF C;ALI.FORNIA COUNTY OF ORANGE On 11-8-05 before me, LEXIE SHERWOOD - N,OTARY PUBLIC personally appeared MATTHEW P. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . r ��...,;",,�LEXIESRWOOD COMM. 159395, ic TARP PUBLIC#CALIFORNIA Si u of Notary Public C} GEC" LINTY Comm,Exp.JULY 27,2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE C1£ DOCUMENT NT1M� OF PAGES DATE OF DOCUMENT 1I-8-05 CAPACITY CLAIMED BY SIG TER ❑ INDIVIDUAL ❑ CORPORATE OF'F'ICER TITLE(S) ❑ PARTNER (S) ATTORNEY-IN-FACT [ TRUSTEE (S) OTHER; SIGNER. IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On November 10, 2005 before me, Michelle Santiago Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE 1 IRr0 Witnes my hand a d official seal I-om,#,373486 NOTARY PUBLIC-CAWFORNIA RVERSIDE COUNTY Michelle S ti go, to Public OPTIONAL Though law does not require the information below, if may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Performance Bond Document Date: November 8.2005 Number of Pages: One Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity{ies} Claimed by Signer Signer's Name: Glenn Salsbury ❑ Individual U Corporate Officer—Title(s): President ❑ Partner - 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. EXECUTED IN TWO COUNTERPARTS BOND # 7576557 PAYMUff BO" PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City"),and Hillerest Contracting,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 November 1, 2005, and identified as Contract No. 208300-7230/41003, is hereby referred to and made a part hereof, and WHERE,AS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to famish 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 3 082)of Part 4 of Division 3 of the Civil Code of the State of California. NOW,TIM,REFORE, 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 ONE MILLION FOUR HUNDRED EIGHTY—ONE THOUSAND SIX HUNDRED FORTY—THREE & N01100 dollars ($ 1,481,643.00 —)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 OfThe 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 WMREOF, this instrument has been duly executed by the Principal and surety named, on NOVEMBER 8 2005. Bond No. 7576557 HILLCREST CONTRACTING, INC. _(YEAL) FIDELITY AND DEPOSIT COMPANY OFWz,AL) Principal Surety By. Jay Signature Signature MATTHEW P. FLAKE/ATTORNEY—IN—FACT Address: 801 N. BRAND BLVD. , SUITE PENTHOUSE GLENDALE, CA 91203 (Notarial Acknowledgments of Principal and surcry) Telephone: �8 409-2800 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11-8-05 —before me , LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW P. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITUESSjny hand and official seal . �LEXIE LEXIE S6 R {OOD ? AKA.#?59395 T �u . . ALJFO q Sign of otary Public- RANGE COUNTY Comm' x JC9LY27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE CSE' I?Ch.:C7MWT NUMBER OF PAGES 1 aA= OF DOCU2,MM 11-8-05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER (S) ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) oR ENTITY(S) CALIFORNIA ALL PU"OSE ACKNOWLEDGMENT State of California County of Riverside On November 10, 2005 before me, Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. r MICHELLE SAR Witnes my hand a official seal CoMM. 197 N{57AgYPUdL4C-GAS t �v�RsILSECO',11N'f! t - Michelle San g , Nota ublic OPTIONAL Though law does not require the information below, it may e valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Payment Bond Document Date: November 8,2005 Number of Pages: One Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity(ies) Claimed by Signer Signer's Name: Glenn Salsbury ❑ Individual U Corporate Officer— Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COXIPANY OF MARYLAND. a corporation ol'the State of'Maryland, by,WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in Pursuance of authority granted by Article VI. Section 1. of the By-Laws ol'said Conipany,,)v. are set forth oil the reverse side hereol'and are hereby certified to be in full force and effect oil (Ile(late 1101 K�Jjc b andappoint Richard A. COON,Karen WINLANDF ,Charles L. LAK "41 r, , , 1 , , ; y nominate.Constitute J,.&T,-tBVkT S0,N,.Na1atthew P. FLAKE and Lexie SHERWOOD,all of Anaheim,Califort'a N f,� Attorney-in-Fact, to and all bonds and make,execute, seal and deliver, for. and oil its behall t-s' undertakings,and the execution of*sucin'.i;, . sm pwk4 'k'60 'S�,-presents, shall be as binding upon said and amply, t("I�j u'ir� n duly execute(] and acknowledged by the Company.as l'ully -c(,ularlv elect it�1�ilre, Md., in their own proper persons. This power ol'attorricy i cd of, nv, revokes that issued CHANDLER.Charles L. FLAKE. David L.CULBfiRTSON, FLAK'� 'H Matthew P. FLAKL,',_,Lqx� dated April 2 1-004. \ £ ' 'k, �', �'­ Tile said Assistant , ;-" ', -)_jocs hereby certify that the extract set forth oil the reverse side hercol'is a true copy ol'Articic V1. 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 14th day of Januarv. A.D. 2005, ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND DUO, By: Eric D. Burnes Assistant Se(,rettjj-_j� k1 illiunt J. Mills 1"ice President State ol'Marviand City of ss: f' On this 14th day of January, A.D. 2005, belOFe the subscriber. a Notary Public of' the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice President. and ERIC D. BARNES. Assistant Secretary ol'the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to nic personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution ol'the same, and beint,T by ale duly sworn severally and cacti for furnscli'deposeth and saith. that they' are the said officers ol'the Company aforesaid. and that the sea] 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 instrurnei"it by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set illy hand and affixed lily Official Seal the day and year first above written. Constance A. Dunn Notary Public MY Con"llission Expires: July 14, 21007 POA-F 012-4150H ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $—waived—. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially'a I s those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER I SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Auent for Service-of Process? Reference Information NAIL .39306 MAIC Group #: 021112 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 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company F,n..fc r.gement ticti.ot> Docum_ernts Company Performance &Comparison Data Composite Contplai t. Studies Want More? Help Me Find a Company Representative in My Area Financial Ratin!Organizations Last Revised-November 08,2005 01:05 PM Copyright O California Department of Insurance Disclaimer Client#: 17237 HIL425Z ACORD- CERTIFICATE OF LIABILITY INSURANCED oar ONYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arrays Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Carter Salisbury Ins Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 50 E.Foothill Blvd.,#201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arcadia,CA 91006 INSURERS AFFORDING COVERAGE NAIC III INSURED INSURER A: Interstate Fire&Casualty Company HILLCREST CONTRACTING,INC. INsuRER B: Safeco Ins.Co. ROS-MAR EQUIPMENT COMPANY P.O.BOX 1898-1467 CIRCLE CITY DR. INSURER G: State Compensation Fund CORONA,CA.92878-1898 INSURER D: ins Ca.of the State of PA 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 DO LTR N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A X GENERAL LIABILITY GLI 1112258 01131/05 01/31/06 EACH OCCURRENCE $1 0081100 }( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50,000 ISESE. CLAIMS MADE D OCCUR MED EXP(Any one person) $-0- X $25,00O.DED EA. OCCURRENCE PERSONAL&ADV INJURY $110-0-0-1-00-0- X 1 QQ0-000 X XCU/CONTRACTUAL /BROAD FORM GENERAL AGGREGATE s2.000.000 X GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $1,000,000 POLICY XJECT O- LOC B AUTOMOBILE LIABILITY 25CCO0262310 12/19/04 12/19105 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $_ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ D EXCESSIUMBRELLA LIABILITY 4203-2129 01/31/05 01/31/06 EACH OCCURRENCE $9,000,000 X OCCUR FICLAIMS MADE AGGREGATE $9,000,Q00 Is DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND 713000669104 10/01/04 10/01/05 X WC STATU- OTH- EMPLOYERS LIABILITY ANY PROPRkETORlPARTNERtEXECUTIVE THIS CERTIFICATE IS E.L.EACH ACCIDENT $1,00 000 OFFICER/MEMBER EXCLUDED? TO FOLLOW FROM E.L.DISEASE-EA EMPLOYEE $1,000,000 K yes,describe under SPECIAL PROVISIONS below STATE COMPENSATION INSURANCE FUND E.L.DISEASE-POLICY LIMIT S1.000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ALL OPERATIONS USUAL TO THE NAMED INSURED. THE CITY OF REDLANDS ITS OFFICERS,EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS TO THE GENERAL LIABILITY SECTION,OUR POLICY IS PRIMARY NON-CONTRIBUTORY,WAIVER OF SUBROGATION,TRANSFER OF (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF REDLANDS DATE THEREOF,THE ISSUING INSURER WILL $[)$[MAIL _.-111 DAYS WRITTEN P.O.BOX 3005 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Redlands,CA 92373 I XOtN MAUREPRESENTATIVE ATTN:A 1 IT ACORD 25{2t?O11OB}1 of 3 #5361741M34727 LOC 0 ACORD COR ORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)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. ACORD 25-S(2001/08) 2 of 3 #S36174/M34727 DESCFi1PT ONS (Continued from.Rade 1} FDnHALL HTS OFF FORM ALSO ATTACHED. THE EVENT OF CANCELLATION THE CITY OF REDLANDS AND ADDITIONAL INSUREDS BE GIVEN 30 DAYS WRITTEN NOTICE,AND 10 DAYS FOR NON-PAYMENT. AMS 25.3(2001108) 3 of 3 #S36174/M34727 INSURED: HILLCREST CONTRACTING, INC. POLICY NUMBER: GL 1112258 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization that the insured is required THE CITY OF REDLANDS ITS OFFICER, EMPLOYEES & by c*nh-,-vA to name as an additional insured. VOLUNTEERS It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional In- sured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured(s) opera ii6ns, and any other insurance maintained by the Additional Insured(s)shall be excess and non-contributory with the insurance provided hereunder. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an'insured the person or organizations in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CL 246(11/85) CG 2010 1185 elec.aps Copyright, insurance Services Office, Inc., 1964 Page 1 of 1 0 NAMED INSURED: HILLCREST CONTRACTING, INC. POLICY# GLI 1112258 WAIVER OF SUBROGATION 'Blanket-- Contractual) k THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies-insurance provided under COMMERCIAL GENERAL LlAdll-rTy COVERAGE PART In consideration of the premium charged and notwithstanding anything contained therein to the contrary, SECTION IV-COMMERCIAL GENERAL UABILITY CONDITIONS, Condition 8, Transfer of Rights of Recovery Against Others; To Us, is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring"suit'or transfer those rights to us and help us enforce them. In the event of any payment under this policy. the Company waives its right of recovery against any principal for whom you are operating under a "written contract" when such contract requires such a waiver of right of recovery or of subrogation. This waiver of our right of recovery shall apply solely to payments made for losses resulting from operations performed on your behalf under such "written contract". ADDITIONAL DEFINITION: "Written contract," as used in this-endorsement shall mean a contract In writing, that requires a waiver of subrogation: and shall also mean letters of intent or work orders, subject to subsequent reduction to writing, with customers whose customary contracts would require a waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GLE-8029(W92) (Ed '04/97)efec,aps THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARF;ULLY. INSURED: HILLCREST CONTRACTING, INC r SAFECO* CA 7134 12 93 WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MUD TtOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement Endorsement effective 12/19/04 Named Insured Countersig4A by HILLCREST CONTRACTING INC. (Authorized Representative) �gCHEDULE Name of Person or Organization: PER SCHEDULE ON FILE WITH COMPANY. (if no entry appears above, information required to complete this egatirsenforit will be shown-in the Declarations as applicable to this endorsement). We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make to them or on their behalf for injury or damages arising out of your contract with that person or organization. The waiver applies only to the-person or organization shown in the Schedule. Premium: $ INCL CA 7134 12 93 AfP-META2.23-PRIKTODI-!&T5Z04&U ARROYC) INSURANCE SERVICES Date: 21/8/05 The City of Redlands P.O. Bax 3005 Redlands Ca. 92372 Re: Insured: Hillcrest Contracting, Inc. Company: Interstate Fire and Casualty Company Policy No: GLI 1112258 Term: 01/31/05 to 01/31/06 Gentlemen, THE CITY OF REDLANDS, ETAL. for certain work performed by the above captioned insured requires the cancellation wording for their certificate of Insurance be amended to exclude the "Endeavor to..........But failure to........."wording contained in the cancellation clause. It ins agreed and understood that, in the event of cancellation or tion-renewal, Carter Salisbury Insurance Brokers will advisfHE CITY OF REDLANDS, etal . And will not be the responsibility of Interstate Fire and Casualty Company Very truly yours, George B. isbury, MBA, CPCLT, CL , LOC 239184 Carter Salisbury Insurance Brokers 50 E. Foothill Blvd., Suite 201, Arcadia, CA 91006 (626) 294-1720 • Fax: (626) 294-9245 E-mail: georges@arroyoins.com • julieo@arroyoins.com • Licenses #0735912 & 0556538 ARRC)YC:) I NSU RAN C E SE RVI C ES Date: 11/8/05 City of Redlands P.O. Bax 3005 Redlands, Ca. 92372 Re: Insured: Hillcrest Contracting, Inc. Company: Insurance Company of the State of Pa. Policy No: 42052129 Term: 01/31/05 to 01/31/06 Gentlemen, CITY OF REDLANDS, ETAL. for certain work performed by the above captioned insured requires the cancellation wording for their certificate of Insurance be amended to exclude the "Endeavor to..........But failure to........." wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation or non-renewal, Carter Salisbury Insurance Brokers will advise CITY OF REDLANDS, ETAL And will not be the responsibility of Interstate Fire and Casualty Company Very truly yours, George B. alisbury, MBA, CPCU,CL,LT ARM, LOC 239184 Carter Salisbury Insurance Brokers 50 E. Foothill Blvd., Suite 201, Arcadia, CA 91006 (626) 294-1720 • Fax: (626) 2949245 E-mail: georges@arroyoins.com • julieo@arroyoins.com • Licenses #0735912 & 0556538 ARR(:)YCI I N U RANCE SERVICES Date: 11/8/05 City of Redlands P.O. Box 3005 Redlands, Ca. 92373 Re: Insured: Hillcrest Contracting, Inc. Company: Brown and Riding Term: 01/31/05 to 01/31/06 Gentlemen, CITY OF REDLANDS, etal . for certain work performed by the above captioned insured requires the cancellation wording for their certificate of Insurance be amended to exclude the "Endeavor to..........But failure to........." wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation or non-renewal, Carter Salisbury Insurance Brokers will advise CITY OF REDLANDS, ETAL And will not be the responsibility of Interstate Fire and Casualty Company Very truly yours, t*mbury, MBA, CPCU, CLU, LOC 239184 Carter Salisbury Insurance Brokers 50 E. Foothill Blvd., Suite 201, Arcadia, CA 91006 (626) 294-1720 • Fax. (626) 294-9245 E-mail: georges@arroyoins.com • julieo@arroyoins.com • Licenses #0735912 & 0556538