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HomeMy WebLinkAboutContracts & Agreements_227-2005_CCv0001.pdf NOV 17 2005 AGREEMENT , THIS AGREEMENT,made and entered into this 15'h day of November,2005,by and between the City of Redlands, a Municipal Corporation,organized and existing under the laws of the State of California,hereinafter referred to as the "City",and Laird Construction Co., Inc. of the City of Rancho Cucamonga,County of San Bernardino, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction of Cypress Avenue Reconstruction project,complete, all as shown, specified, and made a part of Contract No. 20600-7230/41014. 2. For the Contract Sum of$546,456.00,in accordance with the terms and conditions of the Contract Documents, Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant C� to and Escrow Agreement. 3. Time for Completion. The work shall be completed within sixty(60)work days from and after the date of the Notice to Proceed. 4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are,and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City,or have withheld from monies due it,the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty,and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City,its elected officials,officers,agents,and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees or agents in connection with the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials,employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1.5 of the Public Contracts code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the City and Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITYSEAL A By: Mayor City of Redlands Court y of San Bernardino, dino,California ATTEST: Reek, City Clerk,City of n County of San Bem rd. o, California Laird Construction Inc. Name of JContrac o:r ),,,, _Z By: Sig re of Aqtho��- � Zl--/ - Ralph J. Laird, Vice President Signatory's Title November 28, 2005 CONTRACTOR SEAL Signature of Authorized Agent (if necessary) Signatory's Title (f necessary) 165211 Contractor's License No. ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 6, 2005, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. PE-o- WITNESS my hand and official seal. (P S LORRIE POYZER, CITY CLERK By: C 0F Off` Teresa Ballinger, Assistant CiltyClerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation ------------------------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Agrecinent Date of Document: November 15a 2005 Signer(s) Other Than Named Above: Laird Constl-LIC6011 Co., Inc., Ralph J. Laird, Vice President WORKERS' COMPENSATION INSURANCE CERTIFICATION CYPRESS AVENUE RECONSTRUCTION CONTRACT No. 208300-7230/41014 Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers,which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3 700 of the Labor Code which requires every employer to be insured against liability for Workers'Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor' Code Section 1861) Laird Construction Co., Inc. Date Name of Contract Q —) By: Sign tare of Auth�orizo7A-g�� Ralph J. Laird, Vice President Signatory's Title November 28, 2005 165211 Contractor's License No. EXECUTED IN TWO COUNTERPARTS ' BOND #7576981 /poll , PREMIUM: $3,775 i PERFORMANCE BOND ��'�� 00, ea WHEREAS, the City Council of the City ofRedlands,State of California(hereinafter designatdd*City),and Laird Construction Co.,Inc.(hereinafter designated as Principal)have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated November 15,2005, and identified as Contract No.208300-7230/41014,is hereby referred to and made a part hereof;and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City. NOW,7'IIE LEERS, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City in the sural of FIyE HuN RED FORTY SIX THOUSAND FOUR HUNDRED FIFTY SIX AND NO/100 dollars (S $546,456 )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 ofthis obligation is such th at ifthe above bounded Principal,his or her hairs,executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions,and provisions in the said agreement and any alteration thereof made as therein provided,or his or her part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall defend,indemnify and save harmless the City,its elected officials,officers,agents, and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including attorney's fees incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive nonce 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 WIMSESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on NOVEMBER 21, ,2005. Bond No. 7576981 LAIRD CON5TRUCTION COA. INC. (SNAL) FIDELITY AND DEPOSIT COMPANY OF MARYLATID(5`,Fr#i;) principalSurety /�4� By: By: Si�nad�ue Ralph J. , Vice President 8ignaiutc MAT P. FLARE ATTO Y-I - CT Novembe , 2005 Address: 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 a (Notniai ArxWWWvn=V OtPrinc#W ad SumW Telephone:( 818 409-2800 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CA.L.EFORNIA COUNTY OF ORANGE On 11/21/05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW P. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS ray hand d official seal. -' LEXIE sAiE ' OO COMM,#1593951 NOTAWfis-5- ORANGE COUNTY 1'o JULY 2 ,2 Signatu of Notary Public ,Exp. OP.LTO AL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, DESCRIPTION OF ATTACHED DOCENT PERFORMANCE BOLD TITLE OR TYPE OF DOCaME.,2+TT' Nr Eu Of PAGME l z&M OF DOCUME14T 11/21/05 CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER (S) ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME of PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h I eby nominate,constitute and appoint Richard A.COON,Charles L.FLAKE,David L.CUL E and Lexie SHERWOOD,all of Anaheim,California, EACH its true make,execute,seal and deliver, for,and on its behalf as surety, and as lt$-� nder akings,and the execution of such bonds or undertakings 1 1 C_ amply, to all intents and I- I U�kv-s .. ending upon said Company,as fully and purpo iK7�ej d acknowled ed by the regularly elected officers of 9 Company at t the ' " ' r persons. This power of attorney revokes that issued on L 5F_ behalf of Richard A. h�F" d L.CULBERTSON, Matthew P. FLAKE,Lexie SHERWOOD, dated January 14, 2005. t The said Assistant'�w s hereby certify that the extract set forth on the reverse side hereof is a true coof Article v Section 2,of the By-Laws of said Company,and is now in force. py 1, IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 7th day of November, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4011!i7p.. ,TO By: ss: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY*AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution n of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14,2067 POA-F 012-4150H . EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND -Article VI, Section 2. The Chairman ol'the Board. or the President, or any Executive Vice-President. or any ol'the Senior Vice-Presidents or Vice-Presidents apooiuOy authorized mo to do by the Board of'Directors or by /he Executive Commituc, ahuO have power, by and with ,he concurrence o[/he Secretary or any one of|he /\auistuu| Sccntarca, to appoint Resident Vice-Presidents, A*miatun/ Vice-Presidents and Attorneys-in-Fact as the business o[ the Company may require, or to authorize any person or persons to execute on behalf'ol'the Company any bonds, undertaking, mcognizanoes, adpu!abony, policies, contracts. agreements. deeds, and releases and assignments ofjudacmcnm, decrees, monougea and instruments in the nature ol'mortgages....and to affix the seal of*the Company thereto. CERTIFICATE l,the unde,migncd. Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OFMARYLAND,dohereby cerb[y that the foreLming Power ol'Attorney is still in l'ull t'orce and efiect on the date of this certificate, and I do f'urther certily that the l7ioe-pooidon/ who executed the said 9ov/cr of Attorney was one of|hu additional \/icc'Prcoidemo specially authorized by the Board of Directors ,o appoint any Attorney-in-Fact as provided in Article VI. Section 2. of the BY-Laws o[ the BDELlTYANDDBP0SITCO&@PANTO9&�A8�LAND. This Power of Attorney and Certificate may be sioned by I-acsimile under and by authority of-the I-ollowing resolution of the 8oud n[Dirouora of|ho FIDELITY AND DEPOSIT COMPANY OF MARYLAND at u meeting duly called and held no the |Othday afMay. 1990. RESOLVED: ''Thu/ the facsimile or mechanically reproduced aeu\ of' the company and facsimile or mechanically reproduced ui�nu|unc of any Vice-Prcsidont, Secretary. or Assistant Secretary of'the Compuny, whether made hcnctnfom or hereafter. wherever uppeorino upon u certified copy of' any pov/e, of attorney issued by /he Compaoy, uhu|| be valid and bindin�upon /bcCompuny*i/h/hcsumc8nn�andc0ic�as/hou�hmanually uh6ucd.^ IN TESTIMONY WHEREOF,I have hereunto subscribed my name and at'fixcd the corporate seal of the said Company, this day of . 20X05_. �7 i/ ( � EXECUTED IN TWO COUNTERPARTS BOND 47576981 PREMIUM: INCLUDED IN PERFORMANCE BOND PAYMNT BONA V4MREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City"),and Laird Construction Co.,Inc.(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated November 15,2005,and identified as Contract No. 208300-7230/41014, is hereby referred to and made a part hereof and WHEREAS, under the terms of said agreement,Principal is requited before entering upon the performance of the work,to fiunish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 13(commencing with Section 3082)of Part 4 of Division 3 oftbe Civil Code of the State of California. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and all contractors,subcontractors,laborers,materialmen,and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of FIVE HUNDRED FORTY SIX THOUSAND FOUR HUNDRED FIFTY SIX AND NO/100 dollars (S 546,456 )for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereat;costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit ofany 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 the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on NOVEMBER 21 ,2005. Bond No. 7576981 LAIRD CONSTRW ON CO. , C. (MQ FIDELITY AND DEPOSIT COMPANY OF AiALUM (SEAL) Prlt�csipat g„�y By: sC Dr Sig tun Ralp L I-r ce President Sigeatm EY-IN-FACT Neve er , 2005 A 801 N. BRAND BLVD. . SUITE. PENTHOUSE GLENDALE, CA 91203 pvCMial AabowWVrwu 0fPrbWp4 and sumy) Telephone; ( 818 �) 409-2800 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11/21/05 before me , LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW P. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal. O �LEXIESHECOMM,#1593951 ORANGE COUNTY Si a re of Notary Public Comm.Exp.JULY2 , J OPT-TONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 BATE OF DOCUMENT 11/21/05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER _ TITLES) [] PARTNER (S) ® ATTORNEY-IN-FACT 0 TRUSTEES) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President. and ERIC D. BARNES. Assistant Secretary, in pursuance of authority granted by Article V1. Section 2.of the By-Laws of'said Company, w,t�ivl'are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h by nominate,constitute and appoint Richard A. COON,Charles L. FLAKE,David L.CULBgEg E and Lexie SHERWOOD,all of Anaheim,California, EACH its true AU -0- @ - M LI Ni make., execute, seal as A and deliver. for,and on its behalf as surety,and as Wifidertakings,and the inding upon said Company,as fully and execution of such bonds or undertaken s,i amply, to all intents and PUTDosz— 4d kknowledged by the regularly elected officers of o the Company at its Std! 411ti t;:C4 er persons, This power of attorney revokes that issued on behall'of Richard A% I h David L. CULBERTSON.Matthew P. FLAKE',Lexie SHERWOOD, dated January 14, 2005. The said Assistant -does hereby certify that the extract set forth on the reverse side hereof'is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF. the said Vice-president and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Assistant Secrerarli, 4'illiam J. Mills Vlice President State of Maryland ss: City ol'Baltimore On this 7th day of November, A.D. 2005. before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. carne WILLIAM J. MILLS, Vice President. and ERIC D. BARNES. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowled-ed the execution of the same, and bein, by me duly sworn, severally and each for hirnselfdeposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed ixed to the preceding instrument is the Corporate Seal of'said Company, and that the said Corporate Seal and their sionatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set any hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, POA-F 012-4150H ~ EXTRACT FROM BY-LAWS OFFIDELITY AND DEPOSIT COMPANY OFMARYLAND "Article VI, Section 2. The Chairman of the Board, or the President. or any Executive Vice-President, or any ofthe Senior Vice-Presidents or Vice-Presidents specially authorized mn to do by the Board of Directors or by the Executive Cbmmiuec, shall have puwrr, by and with the concurrence of the 8ccoctucy or any one of the Assistant 3ccoctuhca, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-{n-Pac t as the business of /he Company may require, o/ to authorize any person orpersons /oexecute on behalf ofthe Company any bonds, undertaking, rccngnizanueo. stipu|uduna. policies, contracts, agreements, deeds, and releases and assignments o� ju6gemenm, decrees, mortgages and instruments in n thenaiuncofmogogea,...andtouOix/homea/oftheCompunythcre1n.''of, judgements, I. the uodcmioned. Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY 0FMARYLAND,dohereby 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 /he said 9o`"e, of Attorney was one of the additional Yioc'Prooidonm specially authorized by the Bnum] of Directors to appoint any &,/nn:ey'in-Fuc, as provided in Article \/l. Section 2. of the 8y-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may he 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 cu||cd and held on the !(hhday nfMay, |YA0. RESOLVED: ''7hu/ the facsimile or mechanically reproduced mnn| of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Ayoiomn/ 8eunc|ury of the Cnmpuny, whether made herr/okznc or hereafter, wherever appearing upon u ocrdfioJ 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 21ST day of NOVEMBER . Assistant»,retarT , Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER I SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process" Reference Information MAIC #: 39306 MAIC Group 0212 California Company ID #: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to theglossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE 'WORKERS' COMPENSATION Company Complaint Information CQMPany.Enforcement, - - A c-tion--J)ocum.ent-s ConpanyPgrformance--&-Can jQj-34t a Composite Comp ---,-ComplaintStudies Want More? Help Me,Find,,a.Company Representative in Mv''Are'a Financial Ratin ------I--,-,'--.-giftanizations Last Revised-November 08,2005 01:05 PM Copyright(0 California Department of Insurance Disclaimer ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived!. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as`those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year;for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 CSR DS DATE(MMIDDIYYYY) ACOR CERTIFICATE OF LIABILITY INSURANCE LAIRD-D 11/21/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CROSBY INS., INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. BOX 31150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92809 Phone: 714-221-5200 Fax:714-221-5210 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Lexington Insurance Co INSURER B: The Netherlands Insurance Co. LAIRD CONSTRUCTION CO. CORP. INSURER C. STATS COMPENSATION INs.>PvND 9460 Lucas Ranch Road I INSURER D: THE TRAVELERS INDEMNITY CO. Rancho Cucamonga CA 91730-5797 iINSURER E: AMS.INTNL.sBECIALTx LINES INR. go COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 'µp 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER UU DATEEXPIRA ON MMIDDh Y DECT ATE MMIDDlYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 AX COMMERCIALGENERALLIABILITY I 1462631 03/31/05 03/31/06 PREMISES (Ea occurence) ! $ 50000 _ CLAIMS MADE OCCUR MED EXP(Any one person) $EXC luded X XCU Inc PERSONAL&ADV INJURY '$ 1000000 X IBFPD Contr Liab GENERAL AGGREGATE $ 2000000 j GEN'L AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS-COMP?OP AGG $2 0 0 0 0 0 0 POLICY X JJECOT (. LOC AUTOMOBILE LIABILITY ! ! COMBINED SINGLE LIMIT ( $ 1000000 B X ANY AUTO BA9806063 03/31/05 03/31/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) ` ( PROPERTY DAMAGE $ i (Per accident) GARAGE LIABILITY ( AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ ! AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 E X !OCCUR �I CLAIMS MADE BE9023429 03/31/05 03/31/06 1 AGGREGATE $ 1000000 DEDUCTIBLE $ I RETENTION $10000 $ WORKERS COMPENSATION AND X j TORY LIMITS 1 ER _ EMPLOYERS'LIABILITY — --- —`""- C ANY PROPRIETOR PARTNER%EXECUTIVE 0460008696-055 01/01/05 01/01/06 E.L.EACH ACCIDENT _ $ 1000000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EAEMPLOYEEi$ 1000000 If yes,describe under SPECIAL PROVISIONS below 1 E.L.DISEASE-POLICY LIMIT !$ 1000000 OTHER D yInland marine QT6608175B934 01/01/05 03/31/06 ] Lsd/Rent $100,000 Ded $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS t VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Cypress Avenue Reconstruction Contract #208300-7230/41014. City of Redlands, its officers, employees and agents are named as Additional Insureds. Work Comp Waiver of Subrogation to follow from company. *10 Day Notice of Cancellation for Non-Payment of Premium. (xx/pr/wcwave) CERTIFICATE HOLDER CANCELLATION C,ITREDL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILLjjWjjjW~AIL *30 DAYS WRITTEN City of Redlands NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department wawfti—ftiii W06 R Post Office Box 3005 Redlands CA 92373 AUTHORIZED REPRESETATdVE --- -,- - ACORD 25(2001/08) A ORD 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(2001100) POLICY NUMBER: 1462631 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 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 Person or Organization: BLANKET (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11-Who Is An Insured is amended to (1)All work, including materials,parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule,but only with respects to such work,on the project(other than liability arising out of your ongoing operations service,maintenance or repairs)to be performed for that insured. performed by or on behalf of the additional insured(s)at the site of the B. With respect to insurance afforded to these covered operations has been completed, additional insureds,the following exclusion is or added: 2. Exclusions (2) That portion of"your work"out of which the injury or damage arises has This insurance does not apply to"bodily in- been put to its intended use by any jury"or"property damage-occurring after: person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 10 01 ISO Properties,Inc.,2000 Page I of I LX9605 ENDORSEMENT This endorsement, effective 12:01 AM, 03/31/05 Forms a part of policy no.: 1462631 Issued to: Laird Construction Co Corp By: Lexington Insurance Co PRIMARY WORDING/NON CONTRIBUTORY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is further agreed that such insurance as is afforded by the policy for the benefit of the Additional Insureds shall be primary insurance, but only as respect any Claims, Loss or Liability arising of the Named Insureds operations and any insurance maintained by the Additional Insured shall be noncontributing. Al other terms remain unchanged.