HomeMy WebLinkAboutContracts & Agreements_78-2008_CCv0001.pdf Recorded in Official Records, County of San Bernardino 2/03/2009
LARRY WALKER MP Pm
RECORDING REQUESTED BY; ; ,Ka Auditor/Controller — Recorder
AND WHEN RECORDED MAIL TO: �#r
CITY CLERK R Regular Mail
CITY OF REDLANDS Doc#: 2009—0048009 Titles: 1 Pages: 1
35 CAJON STREET Fees 6.66
P.O. BOX 3005 Taxes 0.06
REDLANDS, CA 92373 I PAIDr s®.00
Fr,[S O; REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER uOVEtRM ENT CODE
SECTIO'd 6103 NOTICE OF COMPLETION
Pursuant toClvi,t Code Section '�} 0- 3, this notice must,be cI,nd vlths^ 11, days after cvmpleticr of var!
..
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is CITY OF REDLANDS
3. The full address of the owner is 35 CAJON STREET, P.O. BOX 3005, REDLANDS, CA 92373
4. The nature of the interest or estate of the owner is IN FEE
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as
tenants in common are NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on January 12, 2009
The work done was Safety Hall Seismic Retrofit, Contract No. 251202-7270/41102
T The name of the contractor for such work of improvement was W.B. Allen Construction, Inc., 6191 Jurupa
Avenue, Riverside, CA 92504; Contractor's License No. 400901; and Date of Contract was June 3, 2008
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: Safety Hall
9 The street address of said property is 212 Brookside Avenue, Redlands, CA 92373
Dated: January 27, 2009 &, � J
Senior Civil Engineer
Municipal Utilities&Engineering Department,Cityof Redlands
VERIFICATION
1,the undersigned, say I am the Capital Projects Manager 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.
iw
Executed on January 27, 2009, at Redlands, California,
Municipal Utiliti s&Engineering D' ctor,
Municipal Utilities&Engineering Department,C tyof edlands
AGREEMENT
THIS AGREEMENT, made and entered into this 3 d day of June, 2008, 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 W.B. Allen Construction, Inc., of the City of Riverside, 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 Safety Hall Seismic Retrofit project, complete, all as shown, specified, and made a part of
Contract No. 251202-7270/41102.
2. For the Contract Sum of$505,360.00,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 ninety (90)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 and
Payment Bonds; Standard Specifications and Standard Plans for Public Works Construction; Contract
Documents and Supplemental Specifications; all referenced specifications: and any Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of
this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its
reasonable attorney's fees.
7. Defense Obligation. The Contractor shall defend the City,its elected officials,officers,agents,and employees
from and against any and all claims, losses, damages, and causes of action, including death, brought by any
person or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees
or agents in connection with the performance of the Contractor's obligation under this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this contract shall
name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under
this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance
maintained by the City.
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall
be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1.5 of the Public Contracts code
(commencing with Section 20104). All claims shall be in writing and include the documents necessary to
substantiate the claim. Nothing in subdivision (a)of the Public Contracts Code Section 20104.2 shall extend
the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this
Contract, the City shall timely notify° the Contractor. The City shall be entitled to recover reasonable costs
incurred in providing the notification required by Public Contract Code section 9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public
Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are
not debarred and are eligible to work on this project.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will
be binding on another party without the written consent of the party sought to be bound.
12. Successors and Assigns. The City,and Contractor each binds itself, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the contract documents.
13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law
or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon
the City and Contractor.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
CITY SEAL
By:
Ma r,City of Redlands
unty of San Bernardino,California
ATTEST:
-U�
City Jerk,City o�f�)an4s
County of San Be r(df California
W.B. Allen Construction, Inc.
Name of Contractor -7
CONTRACTOR SEAL By:
Signature of Authorized Agent William B. Allen
President
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (f'necessai�v)
Z�
400901
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
SAFETY HALL SEISMIC RETROFIT
CONTRACT No. 251202-7270/41102
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 186 1)
June 10, 2008
Date
W.B. Allen Construction, Inc.
Name of Contractor)
By:
Signature of Authorized Agent Williaui B. Allen
President
Signatory's Title
400901
Contractor's License No.
EXECUTED IN TWO COUNTERPARTS BOND 0105050639
PAYMENT BOND PREMIUM: INCLUDED IN
PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as"City"), and
W.B. Allen Construction, 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 June
3, 2008, and identified as Contract No.251202-7270/41102, is hereby referred to and made a part hereof, and
WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the
work,to 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 Pad 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
FIVE HUNDRED FIVE THOUSAND THREE HUNDRED SIXTY dollars (S 505,360.00 —)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,thatsaid 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 3 082)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 JUNE 6 _,2008. Bond No. 105050639
TRAVELERS CASUALTY F AMERICA, (SUL)
W.B. ALLEN CONSTRUCTION, INC. (SEEAL) AND SUREjY COMPANY 0
ofincipol Surety -7
By: 13y:
Signature Sipature -CRAnEL../FLA KE/AliORN , — —FACT
William B. Allen - President Address: 21588 GATEWAY CENTER DRIVE
DIAMOND BAR, CA 91765
(Notarial Acknowledgwmts of Principal and Surcty) Telephone: (_2D9 612-367 )
ACKNOWLEDGMENT
State of California � t��������
County of )
On E�'e � �00before me, ori/7 — (yDtt"
(insert name and title of the officer)
personally appeared
W ` � "tam Alien
who proved to me on the basis of satisfactory evidence to be the person(_4�whose name(4*�is/ale
subscribed to the within instrument and acknowledged to me that he/s)O/toy executed the same in
his/h�fr/th*authorized capacity(), and that by his/h)r/th)i r signature*on the instrument the
person(00 or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
V M,
ConvrAulon WITNESS my hand and official sealNowy ' 1cawwrft
8
evookm jJ0,MyComm. C
EVhwA':uq
C� �"
Signature (Seal)
DESCRIPTION OF ATTACHED DOCUMENT ,,
Title or Type of Document ��y ��� 1/��wd & 10 5 0
Document Date ff an j. (.( f YOV Number of Pages 1
Signers other Than Named Above U h,01- 0 C . 101614
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange }
On 6-6-08 before me, Lexie Sherwood, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Charles L. Flake
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the
CCMPA.#1593951 3 person(s), or the entity upon behalf of which the person(s)
' NOTARY PLISLIC•CALIFORNIA acted, executed the instrument.
ORANGE COUNTY
Comm.EXP.JULY 27t 2009 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and o ' ial seal.
Signature
Place Notary Seal Above Signature of NotAK Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee OF SIGNER ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of th7here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationatNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
FWARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
R (� POWER OF.ATTORNEY
TRAVELERS`S Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 219878 Certificate Flo. 0 1 1
KNOW ALL MEN BY THESE PRESEN I S:That Seaboard Surety Company is it corporation duly organized under the laws of the.State.of New York,that St.Paul.
Fire and Marine Insurance Company,St.Pau]Guardian Insurance Company and St Paull Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington.Casualty Company, Travelers Casualty and Surety Company,and'Travelers Casualty rued Surety Company of America are
corporations duly organized under the laws of the State of C.onleCtiCnt,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that fidelity and Guaranty Insurance(:'ornpany is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance.Underwriters,Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the."Companies"),and that.
the Companies do hereby make,constitute and appoint
Charles L. Flake, David L. Culbertson, Lexie Sherwood,and Richard A. Coon
of the Cita of,_ Anaheim State of California ________,their true and Ia"ful Attorneys)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute.sea]and acknowledge dge and and all bonds,reeogniz inces,conditional undertakings and
other ikrrmhgs obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in anv actions of proceedings allowed by law.
IN WITNESS WHEREOF,VS'HERF.OF,the Comp2afl8 have caused this rnsthurnent:uh he si net and their corporate seals to be hereto affixed,this 11th
day of April
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc.. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and'shrine Insurance Company United States Fidelity and Guaranty Company
CF—
'OR,,
I-e``tL+o STsAL'3'
State of Connectictt[
------
City of Ilartf4>rd ss. (3u1
rg 'I'hornpson, ening ice I'tesutent
On this the_-- -_I_It April-day ch€............... . ....................................... .............a8,before.me pe:rsChnally appeared George W.Thompson,whoacknowledged himself'
to be the Senior Vice President of F•artnington C'atsuAty Company, Fidelity and Guaranty InsuranceC.;ornpany Fidelity and Guaranty Insurance; Iinderw•riters, Inc.,
Seaboatrd. Surety Company, St. Paul Fire. and Marine Insurance CotnpanTy, St. Patil Guardian Insurance Conpany, St. Paul Mercury Insurance. Company,'Fravelers
Casualty and Sureo,Conhtza.hy,Travelers Casualty and Surety Company of Arocricat,and United Stat-es Fidelity and Guaranty, C rripany, and that lie, as such, being
author=zed so to do,credited the foregoing rust,unient for the purposes therein,ontatitte d by signing ors henalf ol'the corporations be hinise€f"as a cluN authorized officer
In V'4itftss 1i`Iaeseol l t aeunt<r sec nt hand int<<3ficia3
v(t'C'ohntt.t.,ion eyl„res the 30th da, of June, M1 ew C I_tr.ac.lt.Notary Puhh.:
cl
58440-5-07 Printed in U,S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
EXECUTE v' IN TWO COUNTERPARTS
BOND #105050639
PERFORMANCE BOND PREMIUM: $7,740
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as"City"),and
W.B. Allen Construction, 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 June
3,2008, and identified as Contract No.251202-7270/41102, is hereby referred to and made a part hereof, and
WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the
work,to 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 FIVE HUNDRED FIVE THOUSAND THREE HUNDRED s= dollars(S 5005,360.00
for the payment of which sum well and truly to be made, we bind ourselves, car heirs, successors, executors and
administrators,jointly and severally, firmly by these presents.
The condition ofthis obligation is such that ifthe 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.
EV WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on JUNE 6 ,2008. Bored No. 105050639
TRAVELERS CASUALTY
W.B. ALLEN CONSTRUCTION, INC. (SEAL) AND SURETY COMPANY OF AMERICA (SEAL)
Principal Surety
od
Itoffluff— SIPII� CHARL S A TTORNEY-IN-FACT
168
William B. Allen President Address: 21688 GA AY CENTER DRIVE
DIAMOND BAR, CA 91765
(Nouirial Acknowledgments of Principal and Surety) Telephone; (__2��9 612-3675
ACKNOWLEDGMENT
State of California
County of (� Y
On (Jl �� Of��_before me, lkind(& M, (jo (V d fy4m Pabl ee
(insert name and title of the officer)
personally appeared V�► 4 �G� dr7 ��`��
who proved to me on the basis of satisfactory evidence to be the person(,}whose nam64) is/ate
subscribed to the within instrument and acknowledged to me that he/sem/th#y executed the same in
his/h�(athp'lfi authorized capacity(i@Q, and that by his/hit/tt4ir signatures on the instrument the
person(45�or the entity upon behalf of which the person06acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
v�,�t�or►w�.
WITNESS my hand and official seal. C�'�^•
Mloiary hb�c`Ca�d+Mo
IrwtMti�CccsMy
my Cat�m ESN lYuii Z.901
G�adZ�G�G�• G'�/ 'f�/
Signature /� (Seal)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document hf- FO rvy)o'qej- �}�.�� (,��d �0�
Document Date ,1 l�Ll1 Q (� aDOP Number of Pages
Signers other Than Named Above �-'Vt f U� L hwbroq�in—
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange }
On 6-6-08 before me, Lexie Sherwood, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Charles L. Flake
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
LEXIE SNERWtNOO acted, executed the instrument.
COMtk#1593951 3
NOTARY PUBLIC*cauFoRNla n I certify under PENALTY OF PERJURY under the laws of
ORANGE J LY 27, the St to of California that the foregoing is true
Comm.Exp.JULY 27,2009 9 9
and correct.
Witness my hand an fficial seal.
Signature
Place Notary Seal Above Signature ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee OF SIGNER ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator 7Topof thumb
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary AssoGation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800.878-6827
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
�RAVELE'`Q S Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine.Insurance Company United States Fidelity and Guaranty Company
Attornev-In Fact No. 219$7$ Certificate No.002316090
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is it corporation duly organized under the laws of the State of New York,that St.Paul
Fire.and Marine Insurance Company,St.Paul Guardian Insurance Cortnpany and St.Paul Mercury Insurance.Company are corporations duly organized under the laws
oaf the State.of Minnesota,that Fartnington Casualty Company, Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America art,
corporations duly organized under the laws of the State of C:;onnecticuG that United States Fidelity and C:ivaranty Company is a corporation duly organized under the
Laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc. is a corporation duly organized nuclei-the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Charles L. Flake, David L. Culbertson, Lexie Sherwood,and Richard A. Coon
of the City of_Anaheim _----__ _ State of'_ CaifOMiB------------ their true and lawful Attorney{s)-in-Fact,
each in their separate capacityif more than one is named ahove,to sign,execute,seal and acknowIedge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf"of the Companies in their business of_guaranteeing the fidelity of Persons. gaarantaeina the performance of
contracts and executing or guaranteeing bonds and undertakings required or-permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the(',)inhies hale caused this instrumenttobe signed and their corporate.seals to be hereto affixed,this I Ith
day of_April 2048
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
c."e P,�>
g. .'�. a 195'I � �s,, � Sr kL"`c"1 i� SBA.L.`a corms. C• l�ccam.�g g 1896 t
b Y ''�', i r� 4�,# fist :�� =a1 j =�°�'•, a',rr at ✓"x*4� �'�y1
State of Connecticut Fay.
City of Hartford ss. Georg Thompson, c: lot ice t'residetit
1 I th Aril 2008 be
On this the--_--__-. .-,-,"",,,,-,____...citta of _p_-..... beforeme personally appeared George W.'Tlompsoa,who acknowledged himself
to be the Senior Vice President orf Fa rinington C'asua lty C o npany, Fidelity and Gttararay Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine, Insurance Company, St. Paul Guardian Insurance Corripany. St.. Patel Mercury Insurance Company, Travelers
Casualty and Surety Corinpany,Travelers Casualty and Surety C11oulpany of".Aineric?, and United Stages Fidelity and Guaranty Company, and that he.as such, being
authorized so to do,execute(!The fore o t,e irsstrurnent for the purposes thearn contained by signing on behalf .of.the corptiratiotns by himself as a duty authorized officer.
f7� r-t
In A1`itne M hencof hereunto ox n,t hand and official se if. (
vIy C orr,nr,.iorn expires The h dav o,.3a.re.'_€)1}. tt �r Man C Ictr,-auh,Not€ark Public
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Company Profile Page I of 2
Company Profile
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli
HARTFORD, CT 06183.
877-872-8737
Former Names for Company
Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07-01-1997
AMERICA
Agent for Service of Process
KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833
Unable to Locate the Agent for Senice of Process?
Reference Information
MAIC #: 31194
MAIC Group #: 3548
California Company ID 2444-8
Date authorized in California: July 31, 1981
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: CONNECTICUT
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
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
http://interactive.web.insurance.ca.gov/webuser/idb,—co_prof utl.get—co_proPp_EID=6182 6/17/2008
Company Profile Page 2 of 2
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company-Enforcement Action Documents
Company Performance & Comariwn Data
Composite Corn laint Studies
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Financial Rating Organizations
Last Revised-May 07,2008 02:35 PM
Copyright(0 California Department of Insurance
http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get—co prof?p—EID=6182 6/17/2008
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE{MMtODtYYYY)
06/11/00
PRODUCER LTC 410D10299 1-949-297-4900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
venture Pacific Insurance services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26437 Rancho Parkway south ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lake Forest, CA 92630
INSURERS AFFORDING COVERAGE MAIC#
INSURED
W. B. Alien ConstructionINSURERA JAMES RIVER INS CO 22203
-.....__..__.._..
Vali
6191 Jurupa Ave.a Boren INSURERS:Delos Insurance Company
6191 .— _._.
INSURER C:
Riverside, CA 92504 i INSURER D;
j 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.
IND _,._......._..............................�.
LTR AR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE .POLICY EXPIRATION LIMITS
A ! GENERAL LIABILITY 00020916-1 01/01/03 01/01/09 EACH OCCURRENCE 1$1,080,080
X ..__._...........
COMMERCIAL GENERAL LIABILITY
_."'" PREMISES Eaticdurarice S 50,000
1
CLAIMSMADE X OCCUR f
MED EXP(Anyone person) I$8xcluded
I
PERSONAL 8ADV INJURY 1$1,000,008
jGENERALAGGREGATE 4$2,000,000
^�GEN'LAGGREGATELIMITAPPLIES PER: 'PRODUCTS-COMP/OP AGG $2,000,000
I X 4 POLICY X PRO.JFCT LOC
AUTOMOBILE LIABILITY
ANY AUTO ( 1 I COMBINED SINGLE LIMIT >$
(Ea accident) �
ALL OWNED AUTOS � �--�_�--
i 8001LY INJURY
SCHEOULEDAUTOS i{Per person} $
HIRED AUTOS
' {BODILY INJURY 1
I NON-OWNED AUTOS {Per accident) I$
i , F i
PROPERTYDAMAGE
k(Per accident) $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT +$
ANY AUTO 1 -
7 OTHERTHAN EAAGC�S
AUTO ONLY: AGG j$
----------
AUTO
ALIABILITY I 1 EACHOGGURRENGE $
OCCUR �;CLAIMS MADE AGGREGATE $
j
1 DEDUCTIBLE i I-------_.----_--
RETENTION $
$
B WORKERS COMPENSATION AND ;01DKRMI-2002-001 I 01/01/03 01j01j09 X WCSTATU- 1 ,0TH-,
EMPLOYERS'UASILTY
ANY PROPRiETORIPARTNERtEXECUTiVE I j E.L.EAGHACCIDENT t$1,0001000
OFFICER/MEMBER EXCLUDED? X i ----
If ,describe under IE.L.DISEASE-EA EMPLOYEE $1,000,000
•S EGtALPRQVISiONSbatow
OTHER E.L.DISEASE-POLICY LIMIT 1$1,000,000
1 R
1
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
10 Day Notice of Cancellation for Non Payment of premium.
Project Nameleafety Hall Seismic Retrofit Contract #I 251202-7270/41102 212 Brookside Aveaue,Rsdlands,CA 92373
City of Redlands,its elected afficiale,officers,agents and employees are named as Additional Insureds as required
by written contract as per attached endorsement. Primary wording applies as per attached endorsement. Waiver
of Subrogation applies as respects General Liability and Workers Compensation as per attached endorsements.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Redlands DATE THEREOF,THE ISSUING INSURER WILL 0ffVUA==MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
PO Box 3005 �# > ��illi�cDE$Ii7Llllt?iK2#t4X
XXXXXXXXXXXXRXXXXXXXXXXXXXXXXXXXXXXXXXX
Redlands, CA 92373 AUTHORIZED REPRESENTATIVE
USA
ACORD 25(2001108)coackinley
9026103 C ACORD CORPORATION 1988
Certlf'ate Delivery by Certificates W-wWw.CUrrfirmNe,t,coM-877.669,8600
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY.
WAIVER OF SUBROGATION AS REQUIRED BY
CONTRACT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE
COMMERCIAL EXCESS LIABILITY COVERAGE
The Company agrees to waive any right of recovery against any person or organization, as
required by written contract,because of payments we make for injury or damage which is limited
to liability directly caused by"your work"which is Imputed to such person or organization.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
AP5004t.lS 11-06 Page 1 of 1
. . .
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ[TCAREFULLY.
����U���k ��»� J����� ������ CONTRIBUTORY
���������U��K K�����m�r
PRIMARY ��"=�� "���x= ����omoo^o���� x �*xmo
ENDORSEMENT
This endorsement modifies insurance provided under the following:
|
ALL COVERAGE PARTS
Any hoonAdditional Insured scheduled inendorsement CQ2Ui8or
endorsement CG 2037(when either is attached to this policy) shall be excess over any other
valid and collectible insurance available to such Additional Insured whether primary, excess,
contingent oronany other basis unless:
1)owritten contract or written agreement spaciUcaUyrequimmthatthis(nsuranceapplyona
primary and noncontributory basis; or
'
2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary
and non-contributory basis,
ALL OTHER TERMS AND CONDITIONS OFTHE POLICY REMAIN VNCH&NGED
AP5031US 05-07 Page 1oY1
POLICY NUMBER: 00020916-1 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s)Of Covered Operations
City of Redlands,its elected officials,officers, Safecty Hall Seismic Retrofit
agents and employees 212 Brookside Avenue
Redlands, CA. 92373
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. J
A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional exclu-
organization(s) shown in the Schedule, but only sions apply:
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising injury' property damage"occurring after:
caused,in whole or in part, by:
1. Your acts or omissions; or 1. All work, including materials, parts or equip-
ment furnished in connection with such work,
2. The acts or omissions of those acting on your on the project(other than service, maintenance
behalf; or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the location(s) desig- covered operations has been completed;or
nated above. 2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
CG 20 10 07 04 C ISO Properties, Inc., 2004
Page 1 of 1
WORKERS COMPENSATION Al =-MPLOYERS LIABILITY INSURANCE F ICY WC 04 03 06
(Ed.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover from our payments from anyone liable for an injury covered by this policy.We will not enforce our right
against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in
the Schedule.
The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such
remuneration.
SCHEDULE
Person or Organization Job Description
Blanket Waiver All California Operations
2%of the total classification
Minimum Premium $500
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 4/15/2008 Policy No. 01DKRMI-2002-001 Endorsement No.1
Insured W.B.Allen Construction, Inc. Insurance Company: Delos Insurance Company-35408
is A
Countersigned By:
@1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved.
From the WCIRS's California Workers'Compensation Insurance Fomes Manual @2001.
4/1612008 cca
ACORD DATE(MMIDDIYYYY)
TM. CERTIFICATE OF LIABILITY INSURANCE 06/11/2008
PRODUCER Phone: 877-587-4Fax: (877)373-5608 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BACCAREI_LA INSURANCE SERVICES,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6864 INDIANA AVE.#201 HOLDER. THIS CERTIFICATE NOES NOT AMEND, EXTEND OR
RIVERSIDE CA 92506 ALTER ja COVEWQE AFFORDED BY THE P LI IE ELOW.
INSURERS AFFORDING COVERAGE NAIL#
i
INSURED i INSURER A, Golden Eagle Insurance CompanyI
W.B.ALLEN CONSTRUCTION,INC. INSURER B:
6191 JURUPA AVENUE j INSURER C:
RIVERSIDE CA 92504 I
INSURER D:
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LWSRTA TYPE OF INSURANCE POLICY NUMBER i POLICY Efl ECTrvE POLICY E7UMRATION LIMITS
LTR DATE MWD DATE(MMIDDIM
GENERAL LIABILITY EACH OCCURRENCE
COMMERCIAL GENERAL LIABILITY =�T1 RE } $
CLAIMS MAD€71 OCCUR, MED.EXP(Any am person) $
PERSONAL&ADV INJURY $
I
GENERAL AGGREGATE $
GEN'L AGGR€GATE LIMIT APPLIES PER: PRODUCTS-COMP/0P AGG. $
POLICY dERCT COC
AUTOMOBILE LIABILITY BAS223187 0110310$ 01/03/09 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident)
$ 500.000
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS ! (Per person) $
A X HIRED AUTOS
j BODILY INJURY $
X NON-OWNED AUTOS i {Pataccic nt)
PROPERTY DAMAGE $
(Pet accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT is
i
ANY AUTO OTHER THAN EA ACG $
AUTO ONLY: AGG $
EXCESS t UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 1:1 CLAIMS MADE AGGREGATE _-- $
DEDUCTIBLE
$—
RETENTION$ _$
AVG STATU
!WORKERS COMPENSATION AND i TORY tJMtta ' OTHF12
I EMPLOYERS'LIABILITY
I ANY PROPRI£TORIPARTNERIEXECUTIVE i E.L.EACH ACCIDENT $
OFFtCERtAiE1119ER EILCLWED? I 1 E.L.DISEASE-EA EMPLOYEE 1$
!
S CAL PROVOMON teinw ! E.L.DISEASE-POLICY LIMIT 15
10THER:
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
*10 DAY NOTICE FOR NON PAYMENT CAR NON REPORTING OF PAYROLL'"
RES Safety Hall Seismic Retrofit @ 212 Brookside Avenue,Redlands,CA 92373. City of Redlands,Its elected officals,officers,agents and
employees are hereby named as Additonal Insured per form CA 2046(2199)attached.
CERTIFICATE HOLDER CANCELLATION
CITY OF REDLANDS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
P.O.BOX 3005 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10'
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
REDLANDS,CA FAILURE TO OO SO SHALL"IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER,IT'S AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Attention: Sonia Reyes
ACORD 25(2001108) Certificate 11 4 748 0 ACORD CORPORATION 1988
POLICY NUMBER-. BA8223187 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 1/3/2008 - 1/3/2009 Countersigned By:
Named Insured:
W.B. Allen Construction, Inc. Authorized VAIL�Representative)
SCHEDULE
Name of Person(s)or Organization(s):
City of Redlands, its elected officials,officers, agents and employees
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained
in Section 11 of the Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc,, 1998 Page 1 of 1
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(2001/08) Certificate#45748