HomeMy WebLinkAboutContracts & Agreements_118-2010_CCv0001.pdf MINUTES of a regular meeting of the Board of Directors of the Redevelopment Agency of
the City of Redlands held in the Council Chonnb*cs. Civic Center, 35 Cajon
Street, on August 3, 2010 at 4:47 P.M.
PRESENT Pat Gilbreath, Chairperson
Jon Harrison, Boardmember
Mick Gallagher, Boardmember
Pete Aguilar, Boardmember
ABSENT Jerry Bean, Vice Chairperson
STAFF N. Enrique Martinez, Executive Director; Daniel J. K0cHugh, Agency Attorney;
Tina Kundig, Finance Director/Agency Treasurer; Oscar Orci, Redevelopment
Agency Director; and Sam Irwin, Agency Secretary
CONSENT CALENDAR
Minutes - On motion of Mr, Gallagher, seconded by Mr. Harrison, the minutes
of the regular meeting of July 20, 2010 were approved as submitted,
Non-Disclosure Agreement - On motion of Mr. Gallagher, seconded by Mr.
Harrison, the Board of Directors unanimously approved a Non-Disclosure
Agreement between the Redevelopment Agency and GGP-Redlands Mall,
L.P. to facilitate an appraisal of the value of the mall.
Economic Development Agreement ' On motion of Mr. Gallagher, seconded
by Mr. Harrison, the Board of Directors unanimously approved the first
amendment to an agreement with the Redlands Chamber of Commerce for
economic development services. The amendment maintains the scope of
services, reduces the level of participation by the Chamber consistent with FY
2010-2011 budget decisions.
NEW BUSINESS
State Street Planters - On motion of Mr. Agui|ar, seconded by Mr. Gallagher,
the Board of Directors unanimously agreed that the State Street Planters
Retrofit Project is exempt from the California Environmental Quality Act and
directed staff to file a Notice of Exemption in accordance with City of Redlands
guidelines. The Board of Directors also approved the project plans and
awarded a contract for the work to America West Landscaping, Inc.
PUBLIC COMMENTS
Oho - Steve Rogers spoke on three subjects: He said the City of Redlands
should be charging for business licenses for landlords. Citing examples of
disrepair at the Terrace Project area, he said the City of Redlands is not
getting their money's worth from expenditures on that project. LasUy, he
proposed the Skate Park Prject should be accomplished with a partnership of
public and private funding.
Redevelopment Agency
August 3, 2010
Page 1
_.
ADJOURNMENT
There being no further business, the Board of Directors' meeting of the
Redevelopment Agency adjourned at 4:57 P.M. The Board of Directors will
meet next at their regularly scheduled meeting on September 7, 2010. The
regular meeting on August 17, 2010 is cancelled.
Redevelopment Agency
August J.20/O
Page 2
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
MEMORANDUM
TO: Pat Gilbreath, Mayor
FROM: Rosemary Hoerning, Municipal Utilities& Engineering Director
Chris Diggs, Assistant Utilities Director
TFEROUGH: N. Enrique Martinez, City Manager
Dan McHugh, City Attorney'''.
"ELL )0Gti Ite4 tioimks" 4"." 44 6164
DATE: August 18, 2010
SUBJECT: Request for Mayor's Signature
Recommendation:
I am recommending the Mayor execute the two attached agreement with America West landscape, Inc.
for the State Street Planter Retrofit project.
Background:
On August 3, 2010, the City Council awarded the State Street Planter Retrofit project to America West
landscape, Inc. Both agreements have been signed by MCC and the required bonds and insurance has
been submitted.
ATTACHMENT:
(1) 2 agreements signed by America West landscape, Inc.
(2) Performance bond and Labor and Material Bond
(3) Minutes from August, 3 2010 City Council meeting
>41
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract "Contract"), made and entered into this 3 day of
1010 by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and
AWIf fr -A fA/e3+ (--AriA5c-413 jc. (hereinafter "Contractor"), City and Contractor are
sometimes individually referred to herein as a"Party"and,together, as the"Parties".
In consideration of the mutual promises contained herein,City and Contractor agree as follows:
1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the
work for the following: Construction of the certain designated public improvements project,
complete, as required by the Contract Documents and Specifications for:THE STATE STREET
PLANTERS RETROFIT BETWEEN ORANGE STREET AND REDLANDS BLVD.
PROJECT NO. 11008
2. THE CONTRACT SUM: The City shall pay Contractor the sum of$ 7 in
as consideration for its performance of the work in accordance with the terms and conditions
set forth in the Contract Documents. Pursuant to Section 22300, 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 the Public Contract
Code Section 22300.
3. TIME FOR COMPLETION: The work under this Contract is to be completed within Forty-
Five (45) calendar days from and after the date of delivery of a written Notice to Proceed by
City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
allowed will result in damages being sustained by City. Such damages are, and will continue to
be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to
the City, or have withheld from monies due the Contractor, the sum of Five Hundred Dollars
($500) 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 Five
Hundred Dollars $500 per day is the estimated damage to City caused by the failure of the
Contractor to complete the work within the allowed time. Such sum is for liquidated damages
and shall not be construed as a penalty, and may be deducted from payments due Contractor if
such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special
Conditions, Special Provisions and Specifications and any addenda thereto.
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tLiA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
(SEAL) City of Redlands
(Owner)
I By:
Mayor,City of Redlands,County of
San Bernardino,California
ATTEST: ilk
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City Clerk,City of 'edlands
County of San Bernardino,California (SEAL)
PI tin(v 1 otA t 1/4)(5+ LA.,et4 4 C et,pc
Name of Contractor
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Signature of Authorized Agent
Title
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Signature of Authorized Agent(if necessary)
Title
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Contractor's License No.
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Executed in Duplicate Bond Number: 10-08509-PP
Premium: $1,543.00
Premium is for contract term
and is subject to adjustment
PERFORMANCE BOND based on final contract price.
Whereas,the City Council of the City of Redlands, State of California, and America West Landscape, Inc
thereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement,dated .41.) r .3 , 2010, and identified as THE STATE
STREET PLANTERS RETI4OFJT BETWEEN ORANGE STREET AND REDLANDS
BLVD.,PROJECT NO. 11008 is hereby referred to and made a part hereof;and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
performance of said project.
Now,therefore, said Principal and First Sealord Surety, Inc. , as surety, are held
firmly bound unto the City of Redlands(hereinafter call "City"), in the penal sum of Seventy Seven Thousand
One Hundred Twenty Eight and 39/100 Dollars 7.7,128.39 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 itt 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 andira 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
Auaiist 11, 2010.
(SEAL) (SEAL)
America West Landscape, Inc, First Sealord Suret Inc.
(Co ri ,c', ) Alt )
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BY • 4 -
(Signature) Cynthia t Young % 0:ture)
Attorney-in-Fact
Address:160 North Riverview Dr. Ste 200
Anaheim Hills, CA 92808
(Seal and Notarial Acknowledgment of Telephone( 714) 820-4562
Surety)
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• State and County information must he the State and County where the document
Number of-Pages Document Date si nestsr personally appeared reties the notary public for acknowledgment.
* Date of notarization must be the date that the signals)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information` * "thre notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
* Print the name(s) of document signers) who personally appear at the time of
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CAPACITY CLAIMED BY THE SIGNER * Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
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:ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California :-
SS.
County of San Bernardino
On August 11, 2010 before me, Pamela McCarthy, Notary Public •
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
. .
personally appeared Cynthia J. Young
Name(s)of Signer(s) ..
• who proved to me on the basis of satisfactory evidence
•
to be the person whose name is subscribed to the
• within instrument and acknowledged to me that she
executed the same in her authorized capacity, •
•
• and that by her signature on the instrument the
PAMELA MCCARTHY Pt. person, or the entity upon behalf of which the person
• a 4`. 4 f4,,, COMM.#1885009 -: acted, executed the instrument.
i7rIC, NOTARY PUBLIC-CALIFORNIA 0,
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• WITNESS my hand and official seal. •
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Signature of Notary Public ..--. .
• OPTIONAL .-
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• Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent •
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removal and reattachment of this form to another document.
•
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Description of Attached Document
•
Title or Type of Document: •-
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Document Date: Number of Pages:
•
Signer(s) Other Than Named Above:
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- Capacity(ies) Claimed by Signer(s)
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First Sealord Surety, Inc. Power No: ACA-0699-10-14139
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS:That First Sealord Surety,Inc.,a corporation of the Commonwealth of Pennsylvania,(hereinafter the
'Company')has made,constituted and appointed,and by these presents does make,constitute and appoint
Jay P.Freeman,Pamela McCarthy,Cynthia J.Young and/or Laurie B.Druck all of San Bernardino,California
its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of a
similar nature as follows;
********`** Not To Exceed Five Million Dollars--------------------($5,000,000.00)
Such insurance policies,surety bonds,undertakings and instruments for said purposes,when duly executed by the aforesaid Attorney-in-Fact,shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal;and all the acts of said Attorney-in-Fact,pursuant to the authority hereby given,are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April 7,2003
with all Amendments thereto and are still in full force and effect:
"Article XII: Policies,Bonds,Recognitions,Stipulations,Consents of Surety,Underwriting Undertakings,and Instruments Relating Thereto.
Section 12-1.Insurance policies,bonds,recognitions,stipulations,consents of surety and underwriting undertakings of the Corporation,and releases,
agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the
Corporation; a)by the Chairman of the Board,the President or a Vice President,and by the Secretary or an Assistant Secretary;or b)by an Attorney-
in-Fact for the Corporation appointed and authorized by the Chairman of the Board,the President,or a Vice President to make such signature;or c)by
such other officers or representatives as the Board may from time to time determine.The seal of the Corporation shall if appropriate be affixed thereto by
any such officer,Attorney-in-Fact or representative.The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument
evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any
person empowered to make such appointment."
IN WITNESS WHEREOF,Fitst Sealord Surety,Inc.has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly
attested this 20th day of January,2004.
First Sealord Surety,Inc.
--..:,47‘e•P' '-""ese•'-‘
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(Seal):',0",,,.••••••'.44`' i Attest: 644.17, -
By:
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Gary L.Bragg,Secretary Joel D.Cooperman,Vice President
Commonwealth of Pennsylvania
County of Montgomery
On this 2264 day of April,2010,before me personally appeared Joel a Cooperman,Vice President of First Sealord Surety,Inc.,satisfactorily proven to
be the person whose name is subscribed to this instrument(driver's license),who,being by me duly sworn,said that he resides in the Commonwealth of
Pennsylvania,that he is Vice President of First Sealord Surety,inc.,the corporation described in and which executed the foregoing instrument;that he
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knows the corporate seal of the said Corporation;that the seal affixed to said instrument is such corperete eee e 0, ee e e re
Board of Directers ofitard Corporation;and that he signed his name thereto as Vice President of sae - ee... *, — • 1.-eveekeeeee.--v_...
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State.of PerinSelvania i „NoTARIAL sEAL
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' ee.- Notary Public ' °MIA H.-JAFFE,Notal Public
, ., Radftor:TWP.,DalaWare County
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CERTIFICATE uW1VntSgiOn ExPireS Alfle23'2012
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I,'the:Undersigned Seefetery ot First Sealord Surety,Inc.do hereby certify that the original Power of, .,liy t.,+1 11,111/..1111,191..11119 110 0..1.111,1.11.1 COMA
correct topyeis in fell‘ifdre and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was
one of the OffiCEIS;butheinzed by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of First Sealord
Surety,Inc.'This Certificate'may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord
Surety; Itic:
"Section 12-2.The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII,Seotion 12-1 of the By-Laws
appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds,underwriting undertakings,or other
instruments described in said Section 12-1,with like effect as if such seal and such signature had been manually affixed and made."
In Witness Whereof,I haat- hereunto set my hand and affixed the corporate seal of the Corporation to these presents
/, Yi1/4
this // —day of e„.,,,, ,,m . ,20/C .
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This power of attorney is void unless the Bond number is inserted in this paragraph(insert Bond#here-/- ),the bond
number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent.
(seal)
Ga4 L Bragg, ecretary
t if ti__Sealoro Surety P()\doe (Ed 01/20.'2iiii4i
Bond Number: 10-08509-PP
Executed in Duplicate
Premium included in
Performance Bond
LABOR AND MATERIAL BOND
Whereas,the City Council of the City of Redlands.State of California,and America West Landscape, Inc
(hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to install and complete certain designated public
improvements,which said agreement,dated 499 wo r 3 , 2010, and identified as THE
STATE STREET PLANTERS RETROFIT BETWEEN ORANGE STREET AND
REDLANDS BLVD.,PROJECT NO. 11008 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 1082)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, material men and other persons employed
in the performance of the aforesaid a: --ment and referred to in the aforesaid Code of Civil Procedure in
the sum ofSeventy evenT o -unarea Dollars ($77,128.39 )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 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 awarded 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 11, ,2010.
(SEAL) (SEAL)
America West Landscape, Inc. First Sealord Surety, Inc.
(C or) r) •
EY:
(Signature) Cynthi.4 Young, / (Wnature
Attorney-in-Fact
Address: 160 North Riverview Drive, Ste 200
• ,aheim ills CA 928013
(Seal and Notarial Acknowledgment of Surety) Telephone(71 4)820-4562
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must also be the same date the acknowledgment is completed.
(Additional information) * The notary public must print his or her name as it appears within his or her
. commission followed by a comma and then your title(notary public).
* Print the names)of document signer(s) who personally appear at the time of
notarization..
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(I.e..
kitisheithet,r is lac )or circling the correct forms.Failure to comedy indicate this
1 individual(S) information may lead to rejection of document recording.
r0 Corporate Officer r * The notary seal imression must be clear and photographically reproducible.
_ Impression must not crasser text or lines If seal impression smudges_re-seal if a
(Tale) sufficient area permits,otherwise complete a different asknowledganentt form
Ai Partner(S) I * Signature cif hs,notart puhi€c.must match the signature o file with the office of
s a he county clerk.
at` Ei t tnc iiaTat t i Additional o nainformationis not require (s � uid he§a o z sure this
Esil, s
? E? t4,'at -P acknowledgment `3 ma Tt or € a different Pa.'tart r
Other indicate:, at a.or ighie of tt c ed Jar a€'t aa€ number€1!rages arid date.
ity
i de Indicate a capacity,itr cl r ed h h taper If the claimed is s
Icorporate )t a 'hie r lei J C r 0.Secretary's
O Securely attach this document to the signed document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
,.. . . . .. . . . ... . . . .. .— . . .... .. .... . . . .. ...... ..... . . . . . ... . ''' •
. *
State of California
• 1 ss. .-
County of San Bernardino .-
•
On August 11, 2010 before me, Pamela McCarthy, Notary Public
•
Name and Title of Officer(e g,"Jane Doe,Notary Public")
' .
personally appeared Cynthia J. Young
Name(s)of Signer(s)
: .
who proved to me on the basis of satisfactory evidence •
• •
to be the person whose name is subscribed to the •
• •
• within instrument and acknowledged to me that she •
• -
• executed the same in her authorized capacity, •
: : ,..•':' , PAMELA MCCARTHY '' and that by her signature on the instrument the
•
COMM. #1885009 . person, or the entity upon behalf of which the person
•
NAA PUBLIC-CALIFORNA rr;
• ',11. li,', - acted, executed the instrument. •
,....40, „ SAN BERNARDINO COUNTY ;
• 1_,,,,t4,...„.• My Comm.Expires April
•
.
I certify under PENALTY OF PERJURY under the laws of .
the State of California that the foregoing paragraph is
true and correct. .-
.4 4
. .4'
WITNESS my hand and official seal.
•
: .
irM---rn--7---c- .
Signature of Notary Public )
• OPTIONAL •
• ,
, -
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent •
•
• removal and reattachment of this form to another document. •
•
. •
; •
. •
Description of Attached Document
Title or Type of Document: •
•
Document Date: Number of Pages:
• Signer(s) Other Than Named Above: •
•
•
•
• .
• Capacity(ies) Claimed by Signer(s)
Signer's Name:
•
. .
• CI Individual
= CI Corporate Officer
RT THUMBPRINT
Title OF SIGNER •
•
Partner -- CI Limited CI General Top of thumb here
0 Attorney-in-Fact •
: [71 Trustee
CI Guardian or Conservator
Other:
. •
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• Signer is Representing: •
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ACGJRL® CERTIFICATE OF LIABILITY INSURANCE OP ID KG _..._
L....1>' AMERI-4 08/09/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alliant Insurance Services,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(Lic-0C36861) HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
735 Carnegie Drive, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Bernardino CA 92408
Phone: 909-886-9861 Fax: 909-886-2013 . INSURERS AFFORDING COVERAGE ; NAIC#
INSURED i INSURER A. Netherlands Insurance Company
INSURER B. Peerless Insurance Company 1
America West Landscape Inc INSURER C: Scottsdale Insurance Company
15086 La Palma Drive ' INSURER D: Delos Insurance Company
Chino CA 91710 ,
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,
T 151RECTEFFECTIVE-WITCYEXPIRATTOWI
LTR INSRD TYPE OF INSURANCE POLICY NUMBER j'DATE(MM/DD/YYYY)I DATE(MM/DD/YYYY), LIMITS
I 1 GENERAL LIABILITY 1 EACH OCCURRENCE $ 1,000,000
B I X i X I COMMERCIAL GENERAL LIABILITY GL8725480 ! 11/08/09 I 11/08/10 1 R
i-DpAMEmAGEisETO-s RENTED— IT
(Ea occurence) 1 $ 500,000
! - !
1 ! ! 1 CLAIMS MADE !X I OCCUR I ;i MED EXP(Any one person) I $ 10,000
• , • , i
• ' ,
I I X :$5,000 HI & PD . . ,
I PERSONAL&ADV INJURY i $ 1,000,000
, • ..,,
i .
1 1 1Ded. per Occ. , .
GENERAL AGGREGATE i S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
_ „,.., „.,„
.: 1PRODUCTS-COMPIOP AGG 1 $ ,000 ,L:f LW V
! ; :!
1 ; i POLICY;X ! JEcT ! ! LOC 1! ,
1 I AUTOMOBILE LIABILITY
. ;
' COMBINED SINGLE LIMIT '
1 $ 1000,000
A I X 1 X 1 ANY AUTO ! BA8226109 1 11/08/09 11/08/10 (Ea accident) ; t
, ! :
! ! 1 ALL OWNED AUTOS : ; ,
.
,
t----!, , BODILY INJURY $
(Per person)
! 1 : SCHEDULED AUTOS :
.
, !
X ! HIRED AUTOS : !
BODILY INJURY ,
1
AUTOS $
(Per accident)
i X 1 NON-OWNED 1
, 1
1 ,
PROPERTY DAMAGE $
(Per accide
nt)
: ! GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT ! $
: ! !
; 1 ! ANY AUTO EA ACC i $
OTHER THAN
; ! AUTO ONLY:
AGG ! $
. ;
,
1
EXCESS I UMBRELLA LIABILITY ; ' 1 EACH OCCURRENCE 1 $ 10,000,000
'
C 1 ;X OCCUR 1 ! CLAIMS MADE ! XLS0063153 1 11/08/09 i 11/08/10 AGGREGATE ! $ 10,000,000
! 1 ! DEDUCTIBLE ! : 1 $
:
,
X 1 RETENTION $None , $
WORKERS COMPENSATION
WC SI Al U- : 1 CH H-
AND EMPLOYERS'LIABILITY YIN' ,
:
D 1 ANY PROPRIETOR/PARTNER/EXECUTIVEri! O1DKRM12008850 1 05/01/10 05/01/11 EL EACH ACCIDENT 1 $ 1,000,000
' OFFICER/MEMBER EXCLUDED'? ,.,
(Mandatory in NH) ' ,
; , i El.DISEASE-EA EMPLOYEE! $ 1,000,00u
:
If yes,describe under i 1
; .
SPECIAL PROVISIONS beiow . I EL DISEASE-POLICY LIMIT I $ ,000,000
'
1 OTHER .
. 1 ..
1 :
, ! i
i 1 i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Job #217 State St. Planters Retrofit between Orange St. and Redlands Blvd.
The City of Redlands, its elected officials, officers, employees and
Volunteers and Consultant are add'l insd/prim wrdg/waiver as respects gen'l
liab per end'ts CG2010 07/04, CG2037 07/04, 22-111 01/07 & GECG602 0904;
add'l insd/waiver **SEE ATTACHED HOLDER NOTES**
CERTIFICATE HOLDER ..CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
C IRED01 DATE THEREOF,THE ISSUING INSURER WILLINWPINSHIPIPP,MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,1919IPPPIIIMPIIIIPIPIIIP•OOMOMP
City of Redlands .. .. •:- •- w
Attn: Rosemary Hoerning
PO Box 3005 ..."1"71.116" i
AUTTRIZE ,FE,R,.. SENTATIV „,---',,..---1
Redlands CA 92373 --,-,
i i t .‘" /i it /It'?
,
ACORD 25(2009/01) f e 198809 ACORD CORPORATION. All rights reserved.
-
ii The ACORD name and logo are registerOjinarks, f ACORD
. ,
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
This Certificate of Insurance 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(2009/01)
NOTEPAD* NAME: America=.West Lnd cap Inc ;` : ' OP IE:KG GAT 08/0 o
as respects auto liab per end't GECA701 0107; Work Comp Blanket Waiver per
end't WC040306. *30 day N 0 C except 10 day for non-payment of premium.
XX LTR
ilia n t
OMMERCIA1 GTIOUP
August 9, 2010
Re: Insured: America West Landscape Inc
Policy Number: G1.8725480
Policy Period: 11/08/09 to 11/08/10
Policy Number: BA8226109
Policy Period: 11/08/09 to 11/08/10
Policy Number: XLS0063153
Policy Period: 11/08/09 to 11/08/10
Policy Number: 01DKRM12008850
Policy Period: 05/01/10 to 05/01/11
Certificate Holder: City of Redlands
PO Box 3005
Redlands, CA 92373
Certificate Date: 08/09/10
To Whom it may Concern:
Certificate Holders for certain jobs performed by the above captioned Insured require
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 and Alliant Insurance
Services, Inc. is notified, we will advise Certificate Holder of said change and will not be
the responsibility of the Insurance Company.
Sincerely,
40./ 0 • 8779 /
Authorize' -ignature Date
KG
AUL. In- 11.11tA coloe 2trl ',.1§ n dth , 4-0
,NVO, tqn
Forming a part of
Policy Number: GL 8725480
Coverage Is Provided In PEERLESS INSURANCE COMPANY -A STOCK COMPANY
Named Insured: Agent:
AMERICA WEST LANDSCAPE INC ALLIANT INSURANCE SERVICES INC
Agent Code: 4292810 Agent Phone: (909)-886-9861
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in
part, by "your work" at the location designated and described in the schedule of this endorsement performed for that
additional insured and included in the"products-completed operations hazard".
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR
ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AG-
REEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE
ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO
PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVER
Location And Description Of Completed Operations:
ANY LOCATION AT WHICH YOU PREFORMD WORK DESCRIBED IN
WRITING IN THE CONTRACTO, AGREEMENT OR PERMIT FOR A
PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN
ADDTIONAL INSURED IN THIS ENDORSEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
'J ISO Properties, Inc.,2004
CG 20 37 (07/04)
INSURED COPY
11/08/2009 8725480 NEUSXRJF 1411 PGDM060D J01916 STACK09G 00000389 Page 19
Forming a part of
Policy Number: GL 8725480
Coverage Is Provided In PEERLESS INSURANCE COMPANY -A STOCK COMPANY
Named Insured: Agent:
AMERICA WEST LANDSCAPE INC ALLIANT INSURANCE SERVICES INC
Agent Code: 4292810 Agent Phone: (909)-886-9861
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) Location(s) Of Covered Operations
Or Organization(s):
ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR
ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AG-
REEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE
ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO
PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS
COVERAGE PART.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or
"personal and advertising injury"caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated
above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to"bodily injury"or"property damage"occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at
the location of the covered operations has been completed; or
2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
ISO Properties, Inc..2004
CG 20 10 07 04 Page 1 of 1
11/08/2009 8725480 NEUSXRJF 1411 PGDM060D J01916 STACK09G 00000409 Page 39
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to provision a. Primary Insurance of paragraph 4.Other Insurance under SECTION IV—
COMMERCIAL GENERAL LIABIUTY CONDMONS:
However,when an additional insured has been added to this Coverage Part by attachment of an endorsement,we
will not seek contribution from the"additional'insured's own insurance'provided that:
(1) You and the additional insured have agreed in a written contract that this insurance is primary and non-
contributory;and
(2) The'bodily injury"or"property damage"occurs,or the personal and advertising injury"is committed,
subsequent to the execution of such contract.
B. For the purposes of this endorsement the following is added to SECTION V—DEFINITIONS:
"Additio.naLinsur_edis_own insurance"means other insurance_for_which the additional insuredis.designated as a
Named Insured.
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
22-111 (01/07) Page 1 of 1
-
. ^
COMMERCIAL LIABILITY GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I—COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
2. Exclusions
Item 2g. 2) is replaed with the following:
2.g. 2) A watercraft you do not own that is:
a) less than 50 feet long; and
b) Not being used to carry persons or property for a charge.
Item 2.g. 6) is added:
6) An aircraft in which you have no ownership interest and that you have chartered with
crew.
The last paragraph of 2. Exclusions is replaced with the following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to
premises while rented to you, temporarily occupied by you with the permission of the ownar, or managed
by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as
described in Section III— Limits of Insurance.
SECTION I—COVERAGES
COVERAGE C. MEDICAL PAYMENTS
If Medical Payments Coverage is provided under this policy, the following is changed:
3. Limits
The medical expense limit provided by this policy shall be the greater of:
a. $10,000; or
b. The amount shown in the declarations.
Coverage Medical Payments is primary and not contributing with any other insurance, even if that other
insurance is also primary.
The following is added
COVERAGE 0.PRODUCT RECALL NOTIFICATION EXPENSES
Insuring Agreement
We will pay "product recall notification expenses' incurred by you for the withdrawal of your pnoduuCx,
provided that:
a. Such withdrawal is required because of a determination by you during the policy period, that the use
or consumption of your products could result in "bodily injury"or"property damage"; and
b. The "product recall notification expenses"are incurred and reported to us during the policy period.
Thomnstwmwi8poyfnr~productrooe|| noUfioeUonoxpen000^duringthepo|icyperiodin $1O0'0OO.
Induces copyrighted material of/nxu,ance Services Offices Inc.with its permission.
GECG 602 (09/04) Page 1 of 5
INSURED COPY
1//08/2009 8725480 NEUSXRJF 1411 psomomuu J0191e SrACxons 0000/411 Page 41
SUPPLEMENTARY PAYMENTS— COVERAGES A AND B
Item b. and d. are replaced with:
b, The cost of bail bonds required because of accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time
off from work.
SECTION II—WHO IS AN INSURED
Item 4. is replaced with
4. Any nuboidimhea, oompanieo, oorporodono, fi,ms, or organizations you acquire or form during the
policy period over which you maintain a controlling interest of greater than 50% of the stock or assets,
will qualify as a Named Insured if:
a) you have the responsibility of placing insurance for such entity; and
b) coverage for the entity is not otherwise more specifically provided; and
c) the entity is incorporated or organized under the laws of the United States of America,
However; coverage under this provision does not apply to "bodily injury" or 'property damage" that
occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising
out of an offense committed before you acquired or formed the entity.
Coverage under this provision is afforded only until the end of the policy period, or the twelve (12)
month anniversary of the policy inception date whichever is earlier,
SECTION III—LIMITS OF INSURANCE
Paragraph 2 is amended to include:
The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to
you, or occupied by you with the permission of the owner.
Paragraph 6. is replaced with the following:
6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages
because of "property damage" to premises while rented to you, temporarily occupied by you with
permission of the owner, or managed by you under a written agreement with the owner, arising out of
any one fire, explosion or sprinkler leakage incident,
The Fire Damage Limit provided by this policy shall be the greater of:
a. $500,000.or
b. The amount shown in the Declarations.
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS
Item 2. a.is replaced with:
2. Dutie5 In The Event of Occurrence, Offense, Claim or Suit
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your
executive uMioam, partneco, members, or legal representatives is aware of the "occurrence",
offense, claim, or 'suit'. Knowledge of an 'occurrence", offense, claim or"suit"by other employee(s)
does not imply you also have such knowledge.To the extent possible, notice to us should include:
1) How, when and where the"occurrence"or offense took place;
2) The names and addresses of any injured persons and witnesses; and
3) The nature and location of any injury or damage arising out of the"occurrence", offense, claim
or'suit".
ncftdes copyrighted material of Insorance Services Offices Inc.wi1h its permission.
GECG 602 (09/04) Page 2 of 5
INSURED COPY
//m8/2009 8725480 weuoxnuF 1411 poowmmo m1916 SrAcxono 00000412 Page 42
Item 4. b. 1)b)is replaced with:
b. Excess Insurance
1)b)That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you,
temporarily occupied by you with permission of the mwner, or managed by you under a written
agreement with the owner; or
Item 6. is amended to include:
6. Representations
d. If you unintentionally fail to disclose any hazards existing at the inception date of your poUcy, we
^
will not deny coverage under this Coverage Part because of such failure. Howovar, this provision
does not affect our right to collect additional premium or exercise our right of cancellation or non-
renewal,
Item 8. is replaced with:
8. Transfer of Rights Of Recovery Against Others To Us
a. 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.
b. If required by a written "insured oonhaot", we waive any right of recovery we may have against
any person or organization because of payments we make for injury or damage arising out of your
ongoing operations or your work" done under that written "insured contract" for that person or
organization and included in the "products-completed operations hazard".
Item 10. and Item 11. are added:
10. Cancellation Condition
If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver
written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of
cancellation.
11. Liberalization
If we adopt a change in our forms or rules which would broaden your coverage without an extra
charge, the broader coverage will apply to this policy. This extension is effective upon the approval of
such broader coverage in your state,
SECTION V— DEFINITIONS
The following definitions are added or changed:
9. "Insured contract"
a. Is changed to:
a. A contract for a lease of premises. Hmwevar, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to
premises while rented to you. or temporarily occupied by you with permission of the owne,, or
managed by you under a written agreement with the owner is not an "insured contract".
23 and 24 are added:
23. "Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
24. "Product recall notification expwnneo" means the reasonable additional expenses (including, but not
limited to, cost of corroapundence, newspaper and magazine advertising, radio or television
announcements and transportation cea\), necessarily incurred in arranging for the return of products,
but excluding costs of the replacement products and the cash value of the damaged products.
Includes copyrighted matenal of insurance Services Offices Inc.with its permission.
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The following Provisions are also added to this Coverage Part:
A. ADDITIONAL INSU REDS- BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under SECTION II-WHO IS AN INSURED is amended to include as an insured any person
or organization when you and such person or organization have agreed in writing in a controd, agreement
or permit that such person or oran|zatkon be added as an additional insured on your policy to provide
insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any
notices that we are required to send to the Named Insured and is an additional insured only with respect
to liability arising out of:
a. Your ongoing operations performed for that person or organization; or
b. Premises or facilities owned or used by you.
With respect to provision 1.a. above, a person's or organization's status as an insured under this
endorsement ends when your operations for that person or organization are completed.
With respect to provision 1.b. abova, a person's or organization's status as an insured under this
endorsement ends when their contract or agreement with you for such premises or facilities ends.
2. This endorsement provision A.does not apply:
a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the
"bodily injury", "property damage"or"personal and advertising injury";
b. To 'bodily injury"or 'property damage"occurring after:
(1) All work, including maVeha|n, parts or equipment furnished in connection with such work, in the
project (other than oemico, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the site of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same project;
c. To the rendering of or failure to render any professional services including, but not limited to, any
professional architectural, engineering or surveying services such as:
(1) The pneparing, appmving, or failing to prepare or appmvo, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
(2) Sup*nisory, inapmchon, architectural or engineering activities;
d. To "bodily injury", "property damage"or'personal and advertising injury"arising out of any act, error or
omission that results from the additional insured's sole negligence or wrongdoing;
e. To any person or organization included as an insured under provision B. of this endorsement;
f. To any person or organization included as an insured by a separate additional insured endorsement
issued by us and made a part of this policy.
B. ADDITIONAL INSURED-VENDORS
Paragraph 2. under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or
organization (referred to below as "vendor") with whom you mgramd, in a written contract or agreement to
provide insurance such as is afforded under this po|ioy, but only with respect to "bodily injury' or "property
dammge" arising out of "your products" which are distributed or sold in the regular course of the vendor's
business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. ^Bodi|yirdury''or~pnmportydammge''forvvhiuhthevondorinob|igmted \opaydmmageobyreaoonofthe
assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
o. Any physical or chemical change in the product made intentionally by the vendor;
includes cocynghted material of insurance Services Offices Inc,with its permission.
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d, Repackaging, unless unpacked solely for the purpose of inspecdon, demonstration, tesdng, or
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e, Any failure to make such inspechono, adjuoUnnnts, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the course of business, in connection with the distribution or
sale of the products;
f. Demonotrahon, inokaUadun, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the
additional insured's sole negligence or wrongdoing.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into,accompanying or containing such products.
Includes copyrighted material of Insurance Services Offices Inc.with its permission.
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COMMERCIAL AUTO GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVER.AGE FORM
SECTION|U-LIABILITY COVERAGE
A. COVERAGE
1. WHO IS AN INSURED
The fotowing is added:
d. Any organization, other than a partnership or joint venture,over which you maintain ownership or
a majority interest on the effective date of this Coverage Form, if there is no similar insurance
available to that organization.
e. Any organization you newly acquire or form other than a partnership or joint vonture, and over
which you maintain ownership of a majority interest. Mcwever, coverage under this provision
does not apply:
(1) If there is similar insurance ora self-insured retention plan available to that organization;or
(2) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow
in your business or your personal affairs. Insurance provided by this endorsement is excess over
any other insurance available to any volunteer or employee.
g. Any person, oq]anizadon, truatee, estate or governmental entity with respect to the operation,
maintenance or use of a covered''auku"by an insured, if:
(1) You are obligated to add that pernon, orgenizodon, trustee, estate or governmental entity as
an additional insured to this policy by:
(a)an expressed provision of an "insured contract", or written agreement; or
(b)an expressed condition of a written permit issued to you by a governmental or
public authority.
(2) The"bodily injury"or"property damage" is caused by an"accident"which takes place after:
(a)You executed the"insured contract"or written agreement;or
(b)the permit has been issued to you.
mA.^Am/ m/mn Includes copyrighted material"/Insurance Services Offices,Inc.with its permission Page/ "/ 4
2. COVERAGE EXTENSIONS
a. Supplementary Payments.
Subparagraphs (2)and(4)are amended as follows:
(2)Up to $2600 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident we cover. We do not have to furnish these bonds.
(4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning
up to$500 a day because of time off from work.
SECTION III-PHYSICAL DAMAGE COVERAGE
A. COVERAGE
The following is added:
5. Hired Auto Physical Damage
a. Any ''auto''you |eaxo, hire, rent or borrow from someone other than your employees or partners
or members of their household is a covered "auto"for each of your physical damage coverages,
b. Thomootvvewi|| payfor'1oso'' inanyono ''auoident"iotheoma||oatot
(1) $50.000
(2) Thaactua| oaohva|uaufthedamagadorskolanpnoportyaooftheUmeofdhe"|unn"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality.
If you are liable for the"accident", we will also pay up to$500 per"accident"for the actual loss of
use to the owner of the covered "auto".
c. Our obligation to pay for, mpair, return or replace damaged or stolen property will be reduced by
an amount that is equal to the amount of the largest deductible shown for any owned ''au0x''for
that coverage. However, any Comprehensive Coverage deductible shown in the Declarations
does not apply to"loss"caused by fire or lightning.
d. For this coverage, the insurance provided is primary for any covered ^aukz" you hire without a
driver and excess over any other collectible insurance for any covered "auto"that you hire with a
driver.
6. Rental Reimbursement Coverage
We will pay up to$75 per day for up to 30 days, for rental reimbursement expenses incurred by you
for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be
based on the rental of a comparable vohic|e, which in many cases may be substantially less than $75
per day, and will only be allowed for a period of time it should take to repair or replace the vehicle
with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500
for reasonable and necessary expenses incurred by you to remove and replace your materials and
equipment from the covered "auto".
cuCAronm//0n Includes copyrighted material"/Insurance a,,vi^,"Offices,Inc.with its permission Page 2 of 4
. "
If "loss" results from the total theft of a covered 'auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not
already provided under paragraph 4. Coverage Extension.
7. Lease Gap Coverage
If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured
Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any
difference between the actual cash value of the ^au0n''~at the time of the loss and the "outstanding
balance' of the lease.
"Outstanding balance means the amount you owe on the lease at the time of loss less any amounts
representing taxes;overdue payments; penalties, interest or charges resulting from overdue
payments; additional mileage charges; excess wear and tear charges;and lease termination fees.
B. EXCLUSIONS
The following is added to Paragraph 3
The oxdusionfur "|osa° oauoed by or resulting from mechanical or electrical breakdown does not
apply to the accidental discharge of an airbag.
Paragraph 4 is replaced with the following:
4. VVowi|| notpayfor''|oes''toonyofthefoUowing:
a. Tapou, nacundu, disks or other similar audio, visual or data electronic devices designed for use with
audio, visual or data electronic equipment.
b, Equipment designed or used for the detection or location of radar.
c.Any electronic equipment that receives or transmits audio, visual or data signals.
Exclusion 4.c does not apply to:
(1) Electronic equipment that receives or transmits audio, visual or data signa|o, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto"at the time of the"loss" and such equipment is designed to be solely operated by
use of the power from the"auto's"electrical system, in or upon the covered "auto";or
(2)Any other electronic equipment that is:
(a) Necessary for the normal operation of the covered "auto"or the monitoring of the
covoned ^auox's^openodng system; or
(b)An integral part of the same unit housing any sound reproducing equipment described in (1)
above and permanently installed in the opening of the dash or console of the covered "auto"
normally used by the manufacturer for installation of a radio.
D. DEDUCTIBLE
The following is added: No deductible applies to glass damage if the glass is repaired rather than
replaced.
701(011117f Includes eons righted material"//""",a.,,Services Offices,lite.with its permission r*uea"/ 4
' ^
SECTION IV. BUSINESS AUTO CONDITIONS
A. LOSS CONDITIONS
Item 2.a. and b. are replaced with:
2. Duties In The Event of Accident,Claim,Suit,or Loss
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your
executive offinono, portnmm, members, or legal representatives is aware of the accident, claim,
"suit", or loss. Knowledge of an accident, claim, ''ouit", or loss, byu{heremp|oyeo(o) does not
imply you also have such knowledge.
b. To the extent possible, notice to us should include:
(1) How,when and where the accident or loss took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the accident or loss.
The following is added to 5.
We waive any right of recovery we may have against any additional insured under Coverage A. 1.
Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of
a covered "auto"pursuant to the provisions of the "insured contract",written agreement, or permit.
B. GENERAL CONDITIONS
9. is added
Q. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your unintentional failure to disclose any hazards existing at the effective date of your policy will not
prejudice the coverage afforded. Hmwovar, we have the right to collect additional premium for any
such hazard.
COMMON POLICY CONDITIONS
2.b.is replaced by the following:
b.60 days before the effective date of cancellation if we cancel for any other reason.
cccxnuwnun Includes copyrighted material.rInsurance Services Offices,Inc.°o/.its permission Page 4"/ 4
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
CALIFORNIA
We have the right to recover 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
ANY PERSON OR ORGANIZATION FOR WHOM 'BLANKET WAIVER OF SUBROGATION
THE NAMED INST_TRED HAS AGREED BY
WRI TTEN CONTRACT TO BURN!SH THIS
WAI VER
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 05/01/2009 Policy No, Endorsement No. 001
Insured America West Landscape, Inc. Premium $ INCL.
Insurance Company Northern Insurance Company of NY
Countersigned By
-1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved.
From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999.
NSURED OOP'