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HomeMy WebLinkAboutContracts & Agreements_132-2002_CCv0001.pdf Recorded In Official Records, County of San Bernardino 12/16/2002 11:36 AM RECORDING REQUESTED BY LARRY WALKER DA AND WHEN RECORDED MAIL TO NAaie Auditor/Controller — Recorder R Regular Mail Name Office of the City Clerk Doc#: 2002-0682052 Titles: 1 Pages: 1 City of Redlands Street Address P. 0. Box 3005 11 1111 III Fees Taxes Other o.o0 o.0o o.0o City& Redlands,California 92373 PAID so.00 State STFACE ABOVE rPiSLi . 13 NOTICE OF COMPLETION PER GOVERNMENT CODE SECTION 6103 Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) 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 - Municipal Utilities Department 3. The full address of the owner is P.O. Box 3005 Redlands CA 92373 4. The nature of the interest or estate of the owner is; In fee. (it Olfier tnan tee,strike in tee aria interil,tot exeMple, purchaser under.contract or purCneSe,"or lessee') 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: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on November 19,2002 . The work done was: Remodel the Restroom Facility at Building "B" 7. The name of the contractor, if any, for such work of improvement was:Parkwest Construction Company August 6, 2002 (If no contractor for won(of improvement as a whole,insert"none") (Date of Contract) 8. The property on which said work of improvement was completed is in the incorporated area of Redlands County of San Bernardino, State of California,and is described as follows: Redlands City Yard 9. The Street address of said property is 1270 Park Avenue (It no street address has been officially..s gne. ins91 "none , Dated: December 11,2002 , _ Verification for Individual Owner Michael K. Pool, Pro.ect Engineer Signature of owner or corporate of car of owner names in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Chief of Water Resources the declarant of the foregoing notice of completion: I have read ("President or Manager or'A partner of',"Owner of,etc 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 December 11 ,20 02 ,at Redlands ,California. (Date of signature) (City where signed) it11-1)11,1 /I/ i41/171 -ne"i Doug :4 a Headrick, Chief o Water Resources (Persona ignature of the individual who is swearing that the contents of the notice of completion are true 1 Downtown Specific Plan - On motion of Councilmember Gilbreath, seconded by Councilmember Peppier, the City Council unanimously moved to endorse, in principal, the inclusion of an economic development element in the amendment to Specific Plan No. 45 and to include the Business and. Economic Development Advisory Commission (BEDAC) in any scoping of the work plan for the amendment and/or solicitation of consultant proposals as recommended by BEDAC. Outside City Utility Connection - On motion of Councilmember Gilbreath, seconded by Councilmember Peppier, the City Council unanimously detemnned that Outside City Case 02-05 with Richard Bueerinann for Assessor Parcel No. 299-031-29 is consistent with the City of Redlands General Plan and that the public health, safety, and welfare, and best interests of the citizens of Redlands are served the City's continued processing of the application. Pre-Annexation Agreement No. 02-04 - On motion of Councilmember Gilbreath, seconded by Councilmember Peppier, the City Council unanimously approved Pre-Annexation Agreement No. 02-04 with Richard Bueermann for a 5.10 acre parcel located on the northwest corner of King Street and Third Avenue in the Crafton area. Pre-Annexation Agreement No. 02-01 - On motion of Councilmember Gilbreath, seconded by Councilmember Peppier, the City Council unanimously approved Pre-Annexation Agreement No. 02-01 with Troyan Andrew for a 11,538 square foot lot located on the east side of Turquoise Avenue, approximately 400 feet south of Capri Avenue in the Mentone area. Agreement - 1952 Wastewater Treatment Facility - On motion of Councilmember Gilbreath, seconded by Councilmember Peppier, the City Council unanimously approved an agreement to furnish professional services with Environmental Assessment and Remediation Management, Inc. for testing and remediation at the 1952 wastewater treatment facility in the amount of $22,450.00 and authorized staff to approve contingent costs up to ten percent (10%) over the initial amount. Cont-act Award - Restroom Facility - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously awarded a contract for the bid amount of $65,990.00 for the project to remodel the Building "B" restroom facility at the Municipal Corporation Yard, Project No. 1-0265, to Lifetime Industries, Inc. doing business as Parkwest Construction Company; authorized the Mayor and City Clerk to execute the document on behalf of the City; and authorized staff to approve contingent costs up to ten percent (10%) over the initial bid amount. Ordinance No. 2502 - City Documents - Ordinance No. 2502, an ordinance of the City of Redlands amending Chapter 2.15 of the Redlands Municipal Code August 6, 2002 Pare 3 AGREEMENT THIS AGREEMENT, made and entered into this 6th day of August , 2002 , 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 Parkwest Construction Company of the City of Redlands , 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 for the following: Project to remodel the restroom facility at building "B" at the city yard, complete in place all as required by the Contract Documents and Specifications for the PROJECT TO REMODEL THE RESTROOM FACILITY AT BUILDING "B",Project No. 1-0265. 2. THE CONTRACT SUM: $ 65,990 in accordance with the terms and conditions set forth in the Contract Documents. A. Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an Escrow Agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The work under this Contract to be completed within forty-five(45) calendar 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 of$500 for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by the City and Contractor that $500 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; Agreement, Faithful Performance Bond, Labor and CD 1 Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto. 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the contract documents, the prevailing party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount of$375,000.00 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, chapter 1, article 1.5 of the Public 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 Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and any subcontractors agree to abide by California Public Contractor's 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. 9. 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. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners, successors,assigns, and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By: Karl N. (Kasey)Haws, Mayor City of Redlands County of San Bernardino, California ATTEST: City C -rk, City o rands Co ity of San Bernardino, California (SEAL) LIFETIME INDUSTRIES, INC. DEA: PA ' ST CONSTRUCTION COMPANY Name ofantractor I By: Signature/6f A onzed Agent JO W. MOORE, VICE PRESIDENT Title Signature of Authorized Agent(if necessary) Title 580133 Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department PROJECT TO REMODEL THE RESTROOM FACILITY AT BUILDING "B" Project No. 1-0265 Labor Code section 3700 provides, in part: "Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code section 1861) Dated this 19 day of AUG. ,20 02 LIFETIME INDUSTRIES, INC. DBA: PA. ST CONSTRUCTION COMPANY 7 (Con c r) gnature) Jo ' W. MORE, VICE PRESIDENT '71T (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 BOND NUMBER 447-405428 PREMIUM: $950.00 EXECUTED IN DUPLICATE PERFORMANCE BOND Whereas,the City Council of the City of Redlands, State of California, and PARKWEST CONSTRUCTION COMPANY (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to demolish designated wastewater facilities,which said agreement,dated AUGUST 6, 2002, and identified as PROJECT TO REMODEL THE RESTROOM FACILITY AT BUILDING "B", Project No. 1-0265 is hereby referred to and made a part hereof; and Whereas, said Principal is required under the tcrms of said agreement to furnish a bond for the faithful performance of said project. Now, therefore, said Principal and CENTENNIAL INSURANCE COMPANY , as surety, are held firmly bound unto the City of Redlands(hereinafter call"City"), in the penal sum of SIXTY-FIVE THOUSAND NINE HUNDRED NINETY AND NO/100 - - - - Dollars($65 990.00 - - - ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors, administrator, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and surety above named,on AUGUST 13, 20 02 , (SEAL) (SEAL) PARKWEST CONSTRUCTION COMPANY CENTENNIAL or- INSURANCE, COMPANY - 'dr tractor) , ,- -- _, (sur )--_Air...Air ' 7 --- ' ,-- _ _ _ BY,;------ '.'' '' _.------ -- -7 (Signature) ' (Signature) --- SHAWN BLUME, ATTORNEY-IY-FACT JO I '‘' W. SORE, VICE PRESIDENT Address: THREE GIRALDA FARMS MADISON NEW JERSEY 07940-1004 (Scat and Notarial Acknowledgment of Telephone ( 973) 360-3963 Surety) CD 5 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On / 0-a‘ ,before me, R. STANDLEY PERSONALLY APPEARED SHAWN BLUME personally known to me - tiatisfactory evidence) to be the person* whose nam is/..i.r44,subscribed to the within instrument and acknowl- edged to me that hei-gexecuted the same in his/ her/their authorized capacity4e€4, and that by his/14E+1/ _ 4.4er'r signature*on the instrument the person4), or the 4 R. STANDLEY - COMM.#1263272 entity upon behalf of which the person*-11cted, executed NOTARY PURIM CALIFORNIA 0; the instrument. RIVERSIDE COUNTY My Comm Expires June It 2004 WITNESS my hand and official seal. "CZ' Signature This area far Official Notarial Seal 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. • CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I INDIVIDUAL I I CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) I PARTNER(S) LIMITED LI GENERAL ki AlI ORNEY-IN-FACT NUMBER OF PAGES E TRUSTEE(S) E GUARDIAN/CONSERVATOR I OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIMIES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev 6/04 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California x. s. itigi in County of SAN BERNARDINO dr- si On 8/19/02 before me. DENISE M. WARD, NOTARY PUBLIC ,,,. Data Dame ono`ie f ce, e .an.,Doe,Notary Public-'+ t personally appeared JOHNNY W. MoORE } Names)of S Welts) ' J' personally known to me ert proved to me on the basis of satisfactory dy rff evidence t it et sit id to be the percents) whose name(s) istars isit as subscribed to the within instrument and dif acknowledged to , se that he/she/they executed firs - ISE 4sti.I�WARD, _.,..,. DENISthe same in his/nen/their authorized emelt,Cs sk '' :; Commission 13A7 capacitylies), and that by his/her/their is rix i . '1--a Notary Public-California f signaturefs) on the instrument the person(s), or a, �y,�Z' San Bernardino County the entity Upontehan of which the person{s) js My Comm.Expires Jun 19,2005 acted, executed the instrument. .� am .m .� _ � ' FINERS m Shand an official seal_ I „X r `. k 0t - Xef Signature of Ncyary DNA. .9e fsO Sefe -X ea OPTIONAL Though the information below is not required by law,a may prove vett/able to persons relying on the document and could prevent en fraudulent removal and reattachment of;his farm to enabler document. Description of Attached Document fa Title or Type of Document: PERFORMANCE BONDkg —_—__-- Document Date: Number of Pages: —_-- Signer(s)ddid rid, Other Than l amed Above_ s; its iiie irit si ii eir te parity ieClaimed by Signer Signer's Name: Individual Y . Corporate Officer—Title(s : i as itt. at hi Partner—SI Limited General Attorney-in Fact isi idff Trusteefirt Guardian or Conservator �° di fx Other: iiiif XS dt, Siix, gner Is Representing: src h4. ;.-_��a,As., y�.r )o5QJ .x3„_— ..,_ni--+2•_ m_N,C;� _,��,3 ,m.v.a��r i_.�»eg P;�t: s_- 5- ..a-It-O, oC.,t#�:;�_' BOND NUMBER 447-405428 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California, and PARKWEST CONSTRUCTION COMPANY (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to demolish designated wastewater facilities,which said agreement, dated AUGUST 6, 20 02 and identified as PROJECT TO REMODEL THE RESTROOM FACILITY AT BUILDING "B",Project No. 1-0265 is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of SIXTY—FIVE THOUSAND * Dollars($65,990.00 ) *NINE HUNDRED for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment NINETY NO Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay,in addition to the face amount thereof;costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation,to be awardcd and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named,on AUGUST 13, 20 02 . (SEAL) (SEAL) PA• WE T CON -RUCTION COMPANY CENTENNIAL INSURANCE COMPANY pv-ontractor (Surfityr _41/41.- BY _ — Af Signa re) SHAWN BLUME, (Signature) ATTORNEY-IN-fACT JO „or. MOORE, VICE PRESIDENT Address:THREE GIRALDA FARMS MADISON NEW JERSEY 079740-1004 (Seal and Notarial Acknowledgment of Surety) Telephone( 973). 360-3963 CD 6 STATE OF CALIFORNIA SS. RIVERSIDE On OF On ca0001- , before me, R. STANDLEY PERSONALLY APPEARED SHAWN BLUME :. personally known to me - • • - - - t - - -- - to be the person* whose name is/ subscribed to the within instrument and acknowl- edged to me that he/-gexecuted the same in his/ her/their authorized capacity , and that by his/ € ' .their signature*on the instrument the person4..s.), or the ' „.-.'414-zi,x R. STANOLEY entity upon behalf of which the person(4-Acted, executed 4';' 2-47," COMM#1263272 the instrument. cc' 4".--w- ' NOTARY PUBLIC-CAUFDRNiA _. it'i‘T- TO7 1 RIVERSIDE commyy . ,,- my COMM Expires Jura T.,2004 . WITNESS my-hand and official seal. ...., Signature .1:. . ":-/,/- -/I: ii, , This area for Official Notarial Seal 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - INDIVIDUAL _ CORPORATE OFFICER ----__- TITLE OR TYPE OF DOCUMENT TITLE(S) - PARTNER(S) LIMITED L.1 GENERAL 1-X1 A ii ORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR L OTHER: DATE OF DOCUMENT - _ SIGNER IS REPRESENTING: NAME OP PERSON(S)OR ENTITYOES) SIGNER(S)OTHER THAN NAMED ABOVE ID-N1 Rev 6/94 ALL-PURPOSE ACKNOWLEDGEMENT „.. CALIFORNIA ALUPURPOSE ACKNOWLEDGMENT -<-,-,-;:-:,AIIe-KK2Kt-KT-A% ,0! State of California ,:;..'...':. so. ?).: County of SAN BERNARDINO tait 'fa lat tt'ff itts Wal Obefore me 8/19/02 DENISE M. WARD, NOTARY PUBLIC or, n , fx, Date Nurna ana Tele of Officer le g.-Jane D .Notary PUN:50 iblif ir!f9f N personally appeared JOHNNY W. M(X)RE wi 4f learriefel of Signe,19) R personally no to me rw fdf: -di nn proved to me on the basis of satisfactory orr ty or tta evidence !Cf: if'Xiiii fg, Whi to be the corpora:pi) whose name(s) istare rix - - subscribed' to the within instrument and fifir wr acknowledged to me that he/she/they executed ''':& --• --- ----- - d d-- d-- ,--- - the same in his/her/their authorized ,tatta ttal DENISE ft WARD capacity(tes), and that by his/her/their q Commission#I 307399 gna poonthenbtruenasm ifofve4nhticthhethpeerpsoenrs(os)n,(04 ' Notary Public r California _ t.: tat z Xitz,17-.41 San Bernardino County trift or acted, executed the instrument MY Comm Expires Jun 19,2005 ---N, g vyrrNEss my hand and o ficial seal. te,tt, .,IT ‘fr fr t\-- _ .sx ,,. Signature cif Notary Public ef' fen Dfi fii?iffi fig? fen en (3-- Priii <1;991` OPTIONAL ,...x .., Though the information below is riot required by law it may prove valuable to persons relying on the document and could prevent ,....;1 fraudulent removai and reattachment of this form to another document Pa iltS w idt Description of Attached Document r, ;K.., -'` r), Title or Type of Document: PAYMENT BOND Document Date: Nurnber of Pages: Signer(s)Other Than Named Above: Cfr f,i'lirX. id-r io- Capacity(ies) Claimed by Signer sd Signer's Name: Noarneeitserear atat OF MUER n Individual 1 TON of thumb here ' ihbh oo I -Oh Corporate Officer—Title(s): ..Y..,, _ 9 Partner—7 Limited la General fik?, Attorney-in--Fact ttlfa t„.; Trustee Guardian or Conservator fat za r l Other: Zit ro rwa a>” Pa or Signer Is Representing: at ... D 1999 Naticriel Niamey Association-,9350 De Seto Age PC Box 2402 f Cha!SWOrth.CA g'313-2402.=WA,neficilainclury Nig Prod No 5903 Refurderf Cuff Tea-Frau 1-800-876-6827 E\��U�D6p�� Ad�t�0umnlln�r�c�mp�y Power of AttorneI ,~ _~ ^~~` --�------ Centennial Insurance Company ~ _ . Companies KNOW ALL MEN BY THESE PRE3ENTS, that the Atlantic Mutual Insurance Company and Centennial Insurance Company, corporations du|! organized under the laws of the State of New York hereinafter called Companies,do hereby appoint Michael D. StnnQ, Rosemary Giand|ey.Sham Blume,Susan C.Monteon their true and lawful Attorneys-in-Fact to make,execute,seal and deliver on their behalf as surety any and all bonds and undertakings of suretyship and other documents that the ordinary of surety business uim. Such bonds and undertakings when duly executed by the aforesaid Attorney(s)-in-Fact shall be binding upon the Companies as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary and sealed with its corporate seal. This Power of Attorney is issued pursuant to and by N h of the following resolution of the Board of Trustees of Atlantic Mutual Insurance Companyandtho8oandofDimotonofCentennia| |nsumncwComponyadqptadeMechveDmmmbm1. 19SQandnowinfuUforceande8feni; RESOLVED that the Chairman, President or Senior Vice President-Surety may appoint other officers of the Company or agents of the Company to act as its lawful Attorney-in Attorney—inFact in any State, Territory Federal Di trict to represent this Company nd to act on its behalf ' within the scope of the authority granted to them in writing, which authority may include the power to make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed, any and all bonds and undertakings of suretyship and such other documents as are required in the ordinary course of surety business; and that the Secretary, Assistant Secretary or any Officer of the Corporation be, and that each or any of them is, authorized to verify any affidavit or other statement relating to the foregoing and to any resolutions adopted by its Board of Trustees(or Board of Directors, as applicable); and that any such Attorney-in-Fact may be removed and the authority so granted may be revoked by the Chairman, President, Senior Vice President-Surety or by the Board of Trustees(or Board of Directors, as applicable). IN WITNESS WHEREOF, each of the Companies has caused this Power of Attorney to be signed and its corporate seal to be affixed by its authorized Officer this Fourth day of January, 2000 Atlantic Mutual Insurance Company Centenni.' n urance Company . By '.4/44difil "' ��0' ^ » _� ��~ Attest kY'L�4 \ .............. Thomas RGo�o Senior Vice President n� t.iMichael B.Keegan,Vice Pres dent ..1., ----,,-,:>.' it/Pi ° ri State of New Jersey ..t.--re- Countyn[ Passaic � ~~ `��E���' ���~~~^�� On this Fourth day f J 2000, before Notary Public f the State d Ctaforesaid residing therein,duly commissioned end sworn, personally came the above named officer of the Company who being by me first duly sworn according to law, did depose and say that he is the officer of the Company described in and which executed the foregoing instrument; that he knows the seal of the Company; that the seal affixed to such instrument is the corporate seal of the Company; and that the corporate seal and his signature as such officer were affixed and subscribed to the said instrument by order of the Board of Trustees(or Board of Directors, as applicable).. I, the undersigned Michael B. Keegan, Vice President of Atlantic Mutual Insurance Company and Centennial Insurance Company,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 Senior Vice President who executed said Power of Attorney was one of the Officers authorized by the Board cf Trustees and Board of Directors to appoint an attorney-in-fact pursuant to the Board resolution stated above dated December 1, 1999, This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Trustees of Atlantic Mutual Insurance Company and the Board of Directors of Centennial Insurance Company, adopted at a meeting duly called and held on the 1st day of December, 1999, RESOLVED, that the use of a printed facsimile of the corporate seal of the Company and of the signature of an Officer of the Company on any certification of the correctness of a copy of an instrument executed by the Chairman, President or SoniopWun President-Surety purouant to the Board resolution, dated December 11QS8.appointing and auLhohzinganat(nmey'in'� to u� exacuteinNanameofandonbehaifn[ih Company, surety bonds, undertakings and other�inskuments, shall have the same effect as if such seal and such signature had been manually affixed and made, is hereby authorized and approved, IN WITNESS WHEREOF, I have hereunmy hand corporate al of each of 0 0 ' theCompanieuto�oue presents this i0� day of1W' '� 200-, ' V *~� ' __— `~ / / CD Michael B.Keegan, Vice Pres dent CORD CERTIFICATE OF LIABILITY INSURANC ID PC DATE(MM/CONY) ARKW-1 08/13/02 PWODUCER THIS CCRTIFICATE`IS ISSUED AS A MATTER OF INFORMATION " ? & A ',nsurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Unickel & Assoc. Lic#08277031 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 10727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92423-0727 Phone: 909-793-6810 Fax:909-798-3959 INSURERS AFFORDING COVERAGE INSURED INSURER A Navigators Insurance Company INSURER B: Golden Eagle Insurance Corp Lifetime Industries, Inc. wsuRERc: Topa Insurance Company y DBA: Parkwest Construction Co P. O. Box 790 j INSURERD: Redlands CA 92373 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 �OLTYE FC"IV 'OL<Y'X•1- l)N LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GL106702 10/01/01 10/01/02 FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,0 0 0,0 0 0 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO BA9514182 10/01/01 10/01/02 (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) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE I $ 2,000,000 C X OCCUR CLAIMS MADE XL12108 10/01/01 10/01/02 AGGREGATE $ 2,000,000 DEDUCTIBLE $ X RETENTION $nil $ WORKERS COMPENSATION AND I WC Y LIMIT 01H- TOR 1 H EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT b E.L.DISEASE-EA EMPLOYE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except 10 day notice of cancellation for non-payment of premium. Cert Holder named additional insured with respects to General Liability, per attached CG2010 11/85. RE: Remodeling Bldg B Restroom Facility @ 1270 W. Park Ave. , Redlands Ca CERTIFICATE HOLDER I y I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION RED LA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO City of Redlands DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Fax Number: 798-7670 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL Attn: Gary Phelps IMPOSE NO OBLIGAT)+N SR LIABILITY OF AN IND UPON THE INSURER,ITS AGENTS OR 35 Cajon Street, Ste 15A r Redlands CA 92373 REPRESENTATIVES, f/ ACORD 25-S(7/97) ©ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT 9 _ This endorsement modifies insurance provided under the followhig: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 SCHEDULE Name of Person or Organi7ation: • Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy and is approved by the Company in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. The following additional provisions apply to any, entity that is an insured by the terms of this endorsement: 5 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained-by the above additional insured(s) shall be excess of the insurance afforded :to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. Additional Insured hereby agrees and acknowledges that: a. This policy contains significant exclusions and restrictions beyond those standard to the coverage form; and b. A copy of the policy is available upon request ANF 160a (08/99) - - THIS RECEIPT MUST BE DISPLAYED IN PLACE OF BUSINESS CITY OF REDLANDS BUSINESS TAX CERTIFICATE EDE 44,0f Classification '0 GEN CONST/LAND DEV Business Tax Number 557700 Location Expires on 12-31-02 (411Fatto 720 EUREKA N/JOB SITE PARKWEST CONSTRUCTION 01-15-02 PO BOX 790 REDLANDS CA 92373 6 1 6 2 li.thrxr doe:pant% aoritalwofutr movinidneenrcenoorf gear ictartleogunitneotrhedoacestiivtitaluesthionriazefioerldprreoghuitaittonytitlilge isntacomnonfocctiacilwrgha.the conduct of a lawful t a" M State of California CONTRACTORS STATE LICENSEBOARD r t ACTIVE LICENSE ., lane Number 580133 Emily CORP BusiaessName LIFETIME INDUSTRIES INC DBA PARKWEST CONSTRUCTION COMPANY Classi!icaaion{s)B HIC A Espiratton Qalz 10/ 31/2 0 03 Forrn W-9 Request for Taxpayer Give form to the (Rev. March 1994) Identification Number and Certification requester. Do NOT Department of the Treasury send to the IRS. Internal Revenue Service Name (If joint names,list first and circle the name of the person or entity whose number you enter in Part I below.See Instructions on page 2 II your name has changed.) a 1 LIFETIME INDUSTRIES, INC . DBA: Business name(Sole proprietors see instructions on page 2.) 0 . . - PARKWEST CONSTRUCTION COMPANY c a a Please check appropriate box: ri IndividuaVSole proprietor E2 Corporation D Partnership E Other 1i.- „.............................. 51 Address(number,street,and apt.or suite no.) Requester's name and address(optional) ee (1' P .O . BOX 790 1' City, state, and ZIP code REDLANDS , CA. 92373 , .. ,. Pa , Taxpayer Identification Number (TIN) List account number(s)here(optional) Enter your TIN in the appropriate box. For individuals, this is your social security number Social security number (SSN). For sole proprietors, see the instructions — I I _ on page 2. For other entities, it is your employer For Payees Exempt From Backup * identification number(EIN). If you do not have a OR Pa number, see How To Get a TIN below. Withholding(See Part II Employer identification number i instructions on page 2) Note: If the account is in more than one name, " see the chart on page 2 for guidelines on whose 915-3171112 7 5 9 number to enter, O' —... , Partill Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions.—You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, the acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement !IRA), and gener. . ---• - • •- an interest and dividends, you are not required to sign the Certification, but you must provide your correct flN. (Also --- Part III instructions on pa.r .. wo---- , Sign ' e --,,..— Here Signature Pii- di — Date 10- f , -2- .......--... Section references are to the Internal payments under certain conditions. This is interest and dividend accounts opened Revenue Code, called "backup withholding." Payments after 1983 only), or that could be subject to backup Purpose of Form.—A person who is 5. You do not certify your TIN. See the dividends include interest, , required to file an information return with withholding Part III instructions for exceptions. broker and barter exchange transactions, the IRS must etgourycorrect TIN to report income paid tyou, real estate rents, royalties, nonemployee pay, and Certain payees and payments are o transactionsmongage interest ou id certain payments from fishina boat exempt from backup withholding and , ypa , information reporting. See the Part II the acquisition or abandonment of secured operators. Real estate transactions are not subject to backup withholding. instructions and the separate Instructions property, cancellation of debt, or for the Requester of Form W-9. contributions you made to an IRA. Use If you give the requester your correct Form W-9 to give your correct TIN to the TIN, make the proper certifications, and How To Get a TIN.—If you do not have a requester (the person requesting your TIN) report all your taxable interest and TIN, apply for one immediately. To apply, and, when applicable. (1) to certify the TIN dividends on your tax return, your get Form SS-5, Application for a Social you are giving is correct (or you are waiting payments will not be subject to backup Security Number Card (for individuals), for a number to he issued), (2) to certify withholding. Payments you receive will be from your local office of the Social Secucty you are not subject to backup withholding, subject to backup withholding if: Administration, or Form SS-4, Application or (3) to claim exemption from backup for Employer Identification Number(for 1. You do not furnish your TIN to the withholding if you are an exempt payee. businesses and all other entities), from requester, or Giving your correct TIN and making the your local IRS office. appropriate certifications will prevent 2. The IRS tclis the requester that you If you do not have a TIN, write "Applied certain payments from being subject to furnished an incorrect TIN, or For" in the space for the TIN in Part I, sign backup withholding. 3. The IRS tells you that you are subject and date the forrn, and give it to the Note: If a requester gives you a form other to backup withholding because you did not requester. Generally, you will then have 60 than a W-9 to request your TIN, you must report all your interest and dividends on days to get a TIN and give it to the use the requester's form if it is substantially your tax return (for reportable interest and requester. If the requester does not receive similar to this Form W-9, dividends only), or your TIN within 60 days, backup What Is Backup Withholding?—Persons 4. You do not certify to the requester withholding, if applicable, will begin and making certain payments to you must that you are not subject to backup continue until you furnish your TIN. withhold and pay to the IRS 31% of such withholding under 3 above (for reportable Cat. No. 10231X Form W-9 (Rev. 3-94)