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HomeMy WebLinkAboutContracts & Agreements_30-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction Contract ("Contract") made and entered into this 21st day of February _, 2012, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Doty Bros. Equipment Company (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: Contractor shall furnish all materials and perform all of the work for the following: Optimization of Horace P. Hinckley Water Treatment Plant Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's OPTIMIZATION OF HORACE P. HINCKLEY WATER TREATMENT PLANT, Project No. 71204. 2. THE CONTRACT SUM: City shall pay Contractor the sum of $8,469,000.00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code 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 shall be completed within Three hundred sixty (360)calendar days from and after the date of the delivery to Contractor 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 City, or have withheld from monies due to Contractor, the sum of One Thousand Four Hundred Dollars ($1,400) for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that One Thousand Four Hundred Dollars ($1,400) 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. 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall 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. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. IN WITNESS WIIEREOF,the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) A By: v ; Mayor, City of Redlands,County of San Bernardino,California ATTEST: Citi Clerk.,dtCof, edlands County of San Bernardino, California (SEAL) Doty Bros. Equipment Co. Name of Contractor Ey: Signature of Authorized Agent M.C. Christy, President Title I g 4 Signature of Autho zed' -gent(if necessary) Henry Barber, Vice President Title 273024 Contractor's License No. Bond #7627973 PERFORMANCE BOND Whemu, the City Council of the City of Redlands, State of California, and Doty Bros. Equipment Company (hereinafter designated as "Principal') have entered into aR agreement whereby Principal agrees to haWt and complete certain designated public improverrients, which said agreement, dated February 21 2012, and identified and identified as OPTIMIZA17ON OF HORACE P. HINCKLEY WATER TREATMENT PLANT, Project No. 71204 is hereby referred to and made a part hereof;and Wbereas, said Principal is required under the terms of said agreement to fitmLish a bond for the performance of said pn'ect. Fidelity and Deposit Company Now,theirefore,said Principal and of Maryland ' as surety, are held firmly bound unto The City of Redlands(hereinafter call "City"I in the penal sum of Eight million four hundred sixty nine thousand dollars and zero cents($3,469,000,00)lawful money of the United States,for the payment of which sum well and truly to be nude, we bind ourselves,out heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this-obligation is such that if the above bounded Principal, his or hers heirs, executors, administrator, successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall def6id, 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 IWI force and effect As a part of the obligation secured hereby and in addition the fate amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attomey'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 February 24 2012. (SEAL) (SEAL) Doty Prqr'j7EZJt,�pment Company Fidelity--and Deposit Company of Maryland t* BY: -,�,S�tr e!U-s 7N e n t (Signature)Attorney-in-Fact M.C. ChristN Address,7'77 S Figueroa St. , #3900 Los Angeles, CA 90017 (Seal and Not" Acknowledgment of Telephone(213 270-06,00 Surety) EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortggagges_.and to affix the seat of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the t� Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24th day of February-, 2012 A Assistant Secretary State of California County of Orange On_February 24, 2012 before me, Suzan M. Martinez,Notary Public NAME personally appeared _Cristin Nolette NAME OF SIGNER 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 SUZAN M R INEZ on the instrument the person, or the entity upon behalf of inlon 1 94545 which the person acted executed the instrument. w 11C-California e County - 9.2 # 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 official seal. (SIGNATURE OF N Y) OPTIONAL ' Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACH ; OCUMENT INDIVIDUAL F] CORPORATE OFFICER TITI;,E'OR TYPE OF DOCUMENT TITLE(S) P ARTNER(S) F-1 LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT 1ZZit t TRUSTEE(S) 3 GUARDIAN%`CONSERZ' OR OTHER DATE OF DOCUMENT SIGNS IS REPRESENTING: NAME dSF PERSONS)OR ENTITY(IES) --------------------------------------— SIGNER OTHER THAN NAMED ABOVE ACKNOWLEDGMENT, State of California County of Los Angeles On March 02, 2012 Before me, Lisa Johnson, Notary Public NAME personally appeared M C Christy/ President NAME OF SIGNER 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 he executed the _ ffi LISA joHNS same in his authorized capacity, and that by his signature on r commission 1846erson the instrument the or the enti on behalf of which Notary Public- titOrria p � ty a p nates County the person acted, executed the instrument. Losy comm.Expires tvlay 2,2013 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 official seal. tr (SIG ATURE OF NOTARY) OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ® CORPORATE OFFICER City of Redlands - Horace P. Hinekely Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) El PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT Q TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER February 24, 2012 DATE OF DOCUMENT SIGNER IS REPRESENTING; NAME OF PERSONS)OR ENTITY(IES) SIGNER OTHER THAN NAMED ABOVE Bond #7627973 LABOR AND AUTERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Doty Bros. Equipment Company (liminafter designated as "PrincipalI have entered into an agreement: whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated February 21.... 2012, and identified as OPTIM17ATION OF HORACE P. HINCEIMY WATER TREATMENT PLANT, Project No. 71204 is hereby referred to and made a put 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 3092)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 mid all contractors, subcontmators, laborers, material men and other persons employed in the,performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eight million four hundred sixty nine, thousand dollars and zero cents ($8,469,000.00) for materials furnished or tabor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect w such work or labor,that said surety will pay the same in in amount not exceeding the amount hereinabove set forth, and also in case suit it.brought upon this bond,will pay, in addition to the face amount themf, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shat] insure to the, benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 otDivision 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation sbail become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition. In witness whereof,this instrument has been duly executed by the Principal and surety above named, on February 24 2012. (SEAL) (SEAL) > mpany of Maryland Doty Bro -��nt Company Fidelity and-,Deposit �o 7- J A(S BY, Cristih Nolette (Signat"O)Attorney-in-Fact M.C. Chr-.tstYP$?MQent: Address, 777 S. Figueroa St. #3900 Los Anqeles, CA 90017 (Seal and Notarial Acknowledgment of Surety) Telephone(213 )Z2-Q---QLLa- EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of morta gages....and to affix the seat of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in fall force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24th dwy of February 2012 Assistant Secretary State of California County of ©range On_February 24,2012 before me, Suzan M. Martinez,Notary Public NAME personally appeared _Cristin Nolette NAME OF SIGNER 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 UZAN M MARTINEZ same in her authorized capacity, and that by her signature Commission # 1794-545 on the instrument the person, or the entity upon behalf of Nokay Public-Colltornia which the person acted, executed the instrument. OrwVe County cam 24,2012 1, 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 official seal. (SIGNATURE OF N RY) i E OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. , CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE OCUMENT INDIVIDUAL CORPORATE OFFICER --TITLE OR TYPE OF DOCUMENT TITLE(S) El PARTNER(S) R LIMITED 'y GENERAL NUMBER OF PAGES f .. ATTORNEY-IN-FACT p � TRUSTEE(S) GUARDI ONSERV'ATOR OTHE DATE OF DOCUMENT Z SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------------------------------- SIGNER OTHER THAN NAMED ABOVE "ALIL 'CK State of California County of Los Angeles On March 02, 2012 Before me, Lisa Johnson, Notary Public NAME personally appeared M.C. Christy President NAME OF SIGNER 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which LISA JOH14SON theerson acted executed the instrument. # '*g mission 1846341 p Z _ } tctty Palk-California ZZ Los n e-es County I, certify under PENALTY OF PERJURY under the laws of My Comm.Exoires May 2,2013 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SI NATURE OF NOTARY) OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ® CORPORATE OFFICER City of Redlands — Horace P. Hinckely Labor and Material Bond TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) F-1 LIMITED 1 F] GENERAL. NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) F] GUARDIAN CONSERVATOR OTHER February 24, 2012 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E'_N�TITY(IES) SIGNER OTHER THAN NAMED ABOVE WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department Z:5 OPTIMIZATION OF HORACE P. HINCKLEY WATER TREATMENT PLANT, Project No. 71204. Labor Code Section 3700,provides,in part that: "Every employer except the State, sball secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.(Labor Code section 186 1) Datedthis Ist dayof March 2012. Doty Bros. Equipment Co. ct (Signature) M.C. Christy, President (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) C� Client#:6605 DOWBROS DATE ACORD,. CERTIFICATE OF LIABILITY INSURANCE 2/24/2(MM/DDNYYY) 012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Ins.Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB29370 949-417-9175 Suzan HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 19000 MacArthur Blvd.Penthse Fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine,CA 92612 INSURERS AFFORDING COVERAGE NAIC# INSURED Doty Bros.Equipment Co. INSURER A: Ins Co.of State of Penn dba Doty Bros.Construction Co. INSURER B: National Union Fire of PA 11232 East Firestone Blvd. INSURER G. INSURER D: Norwalk,CA 90650 INSURER E: Specil COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSR E_ TYPE OF INSURANCE POLICY NUMBER DATE(MMIDOfYY) DATE tMM1DDIYY) LIMITS A GENERAL LIABILITY GL4871234 10/31/11 10/31112 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea o= Cal $100,000 7 CLAIMS MADE 51OCCUR MED EXP(Any one person) $5,000 • BFPD/XC1J PERSONAL&ADV INJURY $11000.000 • Contractual Liabilit GENERAL AGGREGATE $2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2000,OOO POF_X� LICY JECT F1 LOC SIR — $50,000 A AUTOMOBILE LIABILITY CA1707424 10/31/11 10131/12 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY • NON-OWNED AUTOS (Per $ • Drive Other Car PROPERTY DAMAGE x I comp&Coll $1,000(2006& newer) (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY BE86308545 10/31/11 10/31/12 EACH OCCURRENCE $1.000.000 7X OCCUR E1CLAJMS MADE AGGREGATE $11000,000 RDEDUCTIBLE $ X RETENTION $10,000 $ TATI ' A WORKERS COMPENSATION AND WCO20635779 10/31/11 10/31/12 X I TWO RCI Y LIMITOT,S I ER EMPLOYERS*LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $110001000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEMCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: DBEC Job#7200-12002,Project#71204(03101112-02/25/13),Optimization of Horace P.Hinckley Water Treatment Plant,1604 Crafton Avenue,Redlands,CA. City of Redlands and its Consultant are included as an additional insured on the General Liability, Automobile Liability and Excess Liability policies per the attached endorsement(s). Waiver of Subrogation (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION- 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Redlands DATE THEREOF,THE ISSUING INSURER WILL YJW6NfflM MAIL -,4,_5_ DAYS WRITTEN 35 Cajon Street,Suite 15A NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTAXX%"JV00MW0000*rA%X Redlands,CA 92373 A AUTHORIZED REPRESENTATIV AT1 ACORD 25(2001108)1 of 3 #S208461/MI72942 9 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 3 #S208461IM172942 DESCRIPTIONS (Continued from Page 1) applles to Workers Compensation policy per the attached endorsement. AMS 25.3(2001/08) 3 of 3 #S208461/M172942 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL4871234 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 and its Consultant Re: DBEC Job#7200-12002, Project#71204 (03/01/12- 02/25/13),Optimization of Horace P. Hinckley Water Treatment Plant, 1604 Crafton Avenue, Redlands, CA. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A.Section 11—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. CG 2010 07 04 C ISO Properties,Inc.,2004 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL4871234 CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations City of Redlands and its Consultant Re: DBEC Job#7200-12002, Project#71204 (03/01/12- 02/25/13), Optimization of Horace P. Hinckley Water Treatment Plant, 1604 Crafton Avenue, Redlands, CA. I Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section 11—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". CG 20 37 07 04 ISO Properties,Inc.,2004 Policy : CA1707424 Commercial Auto Insured's Name: Doty Bros. Equipment Co. THIS ENDORSEMENT CHANGES THE POLICY,PLEASE REEAD IT CAREFULLY ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Person or Orp—anization City of Redlands and its Consultant Re: DBEC Job#7200-12002, Project #71204 (03/01/12-02/25/13),Optimization of Horace P. Hinckley Water Treatment Plant, 1604 Crafton Avenue, Redlands, CA. WHO IS AN INSURED (section 11) is amended to include as an insured person or organization shown in the Schedule but only with respect to liability arising out of the ownership,maintenance, or use of a covered "auto". POLICY NUMBER: BE86308545 EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: EXCESS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations City of Redlands and its Consultant Re: DBEC Job#7200-12002, Project #71204(03/01/12-02/25/13), Optimization of Horace P. Hinckley Water Treatment Plant, 1604 Crafton Avenue, Redlands, CA. Information re quired to complete this Schedule, if not shown above,will be shown in the WHO IS AN INSURED(Section 11) is amended to include as an insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. PRIAMRY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance,but only as respects to any claim, loss or liability arising out the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non-contributing. Workers Compensation and Employers Liability Insurance Policy Policy Number: WCO20635779 Policy Period: 10/31/11 to 10/31/12 Insured: Doty Bros. Equipment Co. The information above is required only when this endorsement is issued subsequently to preparation of the policy. 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 total estimated workers' compensation premium for this policy. Schedule Person or Organization City of Redlands and its Consultant Re: DBEC Job#7200-12002, Project#71204 (03/01/12-02/25/13), Optimization of Horace P. Hinckley Water Treatment Plant, 1604 Crafton Avenue, Redlands, CA. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Producer: Edgewood Partners Insurance Center WC040361 (Ed. 11-90) DOTYBROSI ACORD- EVIDENCE OF PROPERTY INSURANCE 03/02/220 z' THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER PHONl it� �1. 949-417-9178 COMPANY Edgewood Partners Ins.renter American Zurich Ins.Co. Lic#OB29370 949-263-0606 19000 MacArthur Blvd.Penthse Ft. Irvine,CA 92612 CAGE: SUB CODE: _ AGENCY CUSTOMER ID F 6810 INSURED LOAN NUMBER POLICY NUMBER Doty Bros.Equipment Co. EC04371102 dba: Doty Bros.Construction Co. EFFECTME DATE EXPIRATION DATE iL 11232 E. Firestone Blvd. i R NATE IF�CHECKED 03!01!12 03!01!13 _ Norwalk,CA 90650 TNO REPLACES PRIOR EVIDENCE DATED: f - PROPERTY INFORMATION LOCATIOMMESCRIPTION Optimization of Horace P.Hinkley Water Treatment Plant, Project No.71204 1604 Crafton Avenue,Redlands,CA 92374 COVERAGE INFORMATION COVERAGEIPERIL&*ORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk,Completed Value,Special Form,Rep.Cost $8,469.000 $5,000.00 Earthquake $8,469,000 See Remarks Temporary Structures $250,000 $5,000.00 Property In Transit $250,000 $5,000.00 REMARKS(k►Amit Special Conditions) Earthquake deductible subject to 5%of values at risk or$100,000 minimum. CANCELLATION 10 Gays for Non-Payment THE POLICY 1S SUBJECT TO THE PREMIUMS. FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD SHOULD THE POLICY BE TERMINATED.THE COMPANY WILL GIVE THE ADDITIONAL INTFRFST IDENT€F€FD BELOW 3Q-- DAYS WRITTEN NOTICE. AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST.IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEF ADDITIONAL INSURE❑ City or Redlands LOSS PAYEE X Additional Named Insured 35 Cajon Street,Suite 15A LOAN, Redlands,CA 92373 AUTHORIZED REPREEENTATWE avc& or. /9,40W ACORD 27 1 of 1 71534 CN01 ®ACORD CORPORATION 199 DOTYBROSI ACORD,. INSURANCE BINDERDA 1 03/02/12TE THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER E COMPANY FBINDER# C No Ext: 949-417-9178 FAX A/C No, 949-809-2378 American Zurich Ins.Co. JEC04371102 Edgewood Partners Ins.Center DATE EFFECTIVE TIME DATEEXPIRATION TIME X Lic#OB29370 949-263-0606 03/01112 12:01�1 105101112 12:01 AM 19000 MacArthur Blvd.Penthse Fl. : NOON - ---------- Irvine,CA 92612 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY ----- --------------------------------------------­-- - ------------------------------ GODS: SUB CODE: PER EXPIRING POLICY AGENCYESCRIPTION OF OPERATIONSIVEHICLESIPROPERTY(Including Location) CUSTOMERID: 6610 INSURED Doty Bros.Equipment Co. Optimization of Horace P.Hinkley dba: Doty Bros.Construction Co Water Treatment Plant 11232 E.Firestone Blvd. Project No.71204 Norwalk,CA 90650 1604 Crafton Avenue, Redlands, CA 92374 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS I AMOUNT--- ----------------- ------------------------- -----------------------------------4 PROPERTY CAUSES OF LOSS Builders Risk,Completed Value 15,000 NIL $8,469,000 BASIC E] BROAD SPEC Earthquake ------------- See S ec.Conditions/Other Coverages GENERAL LIABILITY EACH OCCURRENCE $ DAMMAGE-TO -- COMMERCIAL GENERAL LIABILITY RENTED PREMISES --4-$------------------------------ s CLAIMS MADE OCCUR MED EXP(Any one person) L PERSONAL&ADV INJURY $ =GENERAL AGGREGATE $ RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $ L AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO =BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE is HIRED AUTOS MEDICAL PAYMENTS $ NON-OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ --­--------------------------------------------- $ AUTO PHYSICAL DAMAGE DEDUCTIBLE I ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COU OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I$ :ANY AUTO OTHER THAN AUTO ONLY: _ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM _AGGREGATE OTHER THAN UMBRELLA FORM RETRO,DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WC STATUTORY LIMITS WORKER'S COMPENSATION I E.L.EACH ACCIDENT is AND EMPLOYER'S LIABILITY E.LDISEASE-EAEMPLOYEE $ E.L.DISEASE-POLICY LIMIT I$ SPECIAL ***Policy Term:3/1/12-3/1113*** FEES CONDITIONS1 OTHER COVERAGES (See attached Spec Conditions/Other Covs page.) ESTIMATED TOTAL PREMIUM I$ NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE As Evidence of Coverage Bound !LOAN# Builder's Risk AU�RESE ATL)JE e NT ACORD 75(2001/01)1 of 3 #6955 NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE CNOI 0 ACORD CORPORATION 1993