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HomeMy WebLinkAboutContracts & Agreements_75-2008_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 3" day of June, 2008, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City," and Palm Canyon Contractors of Yucaipa, 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 Sports Park Parking Lot Paving project,complete, all as shown, specified, and made a part of Contract No.240300-7230/47105. 2. For the Contract Sum of$131,250.00,in accordance with the terms and conditions ofthe Contract Documents. Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement, 3. Time for Completion. The work shall be completed within twenty(20)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 frorn payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit: Notice Inviting Bids;Instructions to Bidders;Proposal and Bid Forms;Bid Bond;Agreement; Performance and Payment Bonds; Standard Specifications and Standard Plans for Public Works Construction; Contract Documents and Supplemental Specifications; all referenced specifications; and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City,its elected officials,officers,agents,and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees or agents in connection with,the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1.5 of the Public Contracts code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a)of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, the City shall timely notify the Contractor, The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the City and Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITYSEAL By: Mayor,City af Redlands ,/County of San Bernardino,California ATTEST: kE City Clerk,City of Red] ads 1 County'of San Berra` uk—,,California Palm Canyon Contractors Name of Contractor An, COAITR,4CTOR SEAL By: Signature of Authorized Agent U6 kc Signatory's Title Signature of Authorized Agent (i 'necessary) Signatory's patory's Title (if necessary) 823760 Contractor's License No. WORKERS' COMPENSATION INSURANCE CERTIFICATION SPORTS PARK PARKING LOT PAVING CONTRACT No, 240300-7230/47105 Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract, (Labor Code Section 1861) Date Palm Canyon Contractors Name of Contractor I n I Y By: Signature of Authorized Agent I N ,> Signatory's Title 823760 Contractor's License No. �.:5. .v PERFORMANCE BOND ISSUED IN ONE ORIGINAL COUNTERPART BOND NO. 661121958 PREMIUM: $3,069.00 WHEREAS, the City Council of the City oi"Redlands, State of California(hereinafter designated as"City"), and Palm Canyon Contractors(hereinafter designates]as"Principals')have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated.lune 3,2408, and identified as Contract No.240300-7230/47105, is hereby referrer[to and made a part hereof; and VMEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City. NOW,'I'HREM , said Principal and the undersigned as corporate:surety,are held and firmly bound unto the City in the sum of (1) dollars($ 131,250.00 ) 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. (1) One Hundred Thirty One Thousand Two Hundred Fifty and 00/100's The condition.ofthis obligation is such that ifthe above bounded Principal,his or herheirs,executors,administrators, successors or assigns,shall in a.11 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,remaia 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 u1 any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the term,-,sof the agreement or to the work to be performer)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 agreemetlt or to the work or to the specifications. IN Wf"I<'Nu S WHEREOF, this instrument has been duly executed by the Principal and surety named, on June 11 ,200& Bond No. 661121958 Palm Canyon Contractors,lnc. (SEAT) Lincolw;Ceneral Insurance Company Principal 9'l1FC Signature lure Julia B. Gl addi ng, Attorney-16-Fact: ddress: 701 treet Suite 2100 San Diego, CA 92101 (1Imirial Acknowledgments of Principal and Surety) Telephone: 903-5489 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside no JUN 11 20 Mlchele M. Qualls Notary Public On before me, , Date Here Insert Name and Trtle of the Officer personally appeared Julia B. G1 addi nq Name(s)of Signer{s) i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that '�ICHELE K QUA LS he/she/they executed the same in his/her/their authorized rk C0MM. #1704204 NOTARY PUBLIC-CALIFORNIA T capacity(ies), and that by his/her/their signature(s) on the s t RIVERSIDE COUNTY instrument theerson s , or the entityupon behalf of as p My Comm Expire Nov_11,2010 p ( ) p which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i � f C ,# � � � 6)u'd' /0j Place Notary Seal Above 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: Signer's Name: 0 Individual 0 Individual 0 Corporate Officer—Title(s): 0 Corporate Officer—Title(s): 0 Partner—0 Limited 0 General 0 Partner—10 Limited 0 General _ 0 Attorney in Fact e +• 0 Attorney in Fact � R 0 Trustee Top of thumb here Top of thumb here ❑Trustee Cl Guardian or Conservator 0 Guardian or Conservator _1 Other: 0 Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave_RO.Box 2402•Chatsworth,CA 91313,2402+www-NationalNotary.org Item#5907 Reordtlr,Call Tall-Free 1-800.876.6827 LINCOLN GENERAL INSURANCE GUMHANY ISSUED IN ONE ORIGINAL COUNTERPART PO 'VTR OF ATTORNEY BOND NO. 66112195$ I ,,`0W ALL MEN,BY THESE PRESENTS,nat Lincoln General Insurance Compa:ty,organized and existing by virtue of the Laws of the Con-unonwealth of Peni'syl4 aria,docs hereby nom in<te,constitute and appoint: Kenneth A. Coate, Julia B. Gladding Its true and lath=ful Attorneys}-in-Fact to sigh, seat and execute for and on its,behalf, as spray,bands,undet-takings,and other obligatory instruments of similar nature,and to bind it thereby as fully and to the same extent as if such instruments s=ere signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified aril confit, ed. RESOL'VF-D that t notarized,with facsimile signatures and.seats under autlt; Ser efollo-*ng res9 utipas adopted by the Board of Directors'of Llneblff Gener9 Insurdria Ciirnpany oil the 4'day of el? s RESOLVED JI VEiJ that the Piestdetit an By6cutrve PT$m. or Vice President,or any Vice President of the.CompanX;together with the Seerdtary or any Assistant Secretary aro hereby auth&i ed to execute Potaers of Attorney appainftng the person(s)named as Attorney() iri:Fact to dare,execute sign seas srrd deliver on'bchatf of the.Coinpahy,Sdetitj and surety lignds,uri o. .icings,an other smutar:'contracts of suiretyshtp,and,any rel4ted dorufnents: RESOLVED FURTHER that-the stgnatuies of the officers making the appointmenr, and the'signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seat of any no and the seri' of the Company,rnay be.facsnnile representations of those signatures;and seats,and such facsimile representations of those signatures and seals, and such facsiinile representations shall have the same force and effect as if manually affixed. The facsimitereprest ntationsreferred to herein may be affixed by stamping,printing typing or photocopying., IN GVITNESS`WHEREOF,Lincoln General Insurance Company has caused its corporate,seal to be affixed.and these presents to: be signed by its duly authorized officers this l 5`t`day of October,2004. 0�u„anuu�urrrrrrl, S�tia y(N S j/p9+Grr X20�4yoRMAT, -'•;�' X 977 :0 S�cz`e#any Presiu�er. '.v Z a f ���44ttrttrnniflnit��t�� On this 15`t'day of October,2004,before the personally`came John T.Clark,to me known,who being duty sworn,did depose and say:that he is the President of the Corporation described in and which executed the above instrumett:that he knows the seal affixed to the aforesaid ih-istrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors ofsaid Company;and that be executed the said instrument by like order and authori tty and the same was his free act and deed. The Commonwealtfi of Pennsylvania York County 1 IAL 94 E t KRiVACSr Notcsry Public {_ ? YORK Cfir t)w cou Y MY Commisoml Expim Oct 29,20M � I,Gary,1.Or idorff,Secretary of I: ncoln Geri”Insurance"Cornpanyk,•a carpo ati art of.the.Cornnulnwvealth of Pennsylvania do her6ly certi'f±that f�c above and foregoing,is:a full,true and cart^ect copy cif power of Attorney issued by said Co y,an o the whole of the,original and.'that the,said Pow "Of'Attorney is still in.full Force and efieet and has.not been revoked, and fqi ttiittnirejhai the Resolution,pri e board of"13irectors,set forth in the said Power of Attorney is tiMW in force, IN 'v�ITN ES�b MOP, I,have hereunto se' y,h d afflzed the seal of said Coippany,.at York, Pennsylvania, this r t m hand and 11th June tiwv %INS ti. g A Y r ff {}MATSr "d 1977 `"= ��tf�'If�ttittrntt�sttitxi�iwwtiti�vw PAYMENT BOND PREMIUM:NO661121958NCLUDED IN THE PREMIUM ISSUED IN ONE ORIGINAL COUNTERPART CHARGED FOR THE PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as"City"),and Palm Canyon Contractors(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.lune 3,2008, and identified as Contract No,240300-7230/47105,is hereby referred to and made a part hereof;and WDEREA,S, under the tet riffs of'said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient labor and materials payment bend with the City to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Cede of the State of California. NOW,TIi[MFORE, 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 (1) dollars(s 131,250.QQ )f - , 250A furnished or labor thereon of any bind,or fbr amounts due under the UnemploymentInsurance 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 thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as casts and to be included in the judgement therein rendered. Mone Hundred Thirty One Two Hundred Fifty and 001100's It is hereby expressly stipulated and agreed that this band shall,inure tothe 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 upotr,this bond. Should the condition of this bund 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 stich change,extension of time,alteration or addition to tate terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on June 11 ,2008. Bond No. 661121958 a te, ('anvnn tonYrac or , Ian (SEAL) Lincoln neral insurance Compan Principal Surety ley: Signature gm Julia B. Cladding, Attorney-ict-Fact" ;.. A re3S> 01 B. Street Suite 2100 San Dietro, CA 92101 (Notarial Acknowftdgmerts of Principal I rcty) Telephone. { 800 903-5489 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside on JUN 12008 before me, Michele M. Qualls, Notary Public Date Here Insert Name and Title of the officer personally appeared Julia B. G1 addi n Names}of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized I capacity(ies), and that by his/her/their signature(s) on the COMM #17'04204 cc = � taoTARY augt,Ic-CALIFORNIA instrument the person(s), or the entity upon behalfof € which the person(s) acted, executed the instrument. ° RIVER$tOF COUNTY My Comm.Expires Nov.11,2016 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 l rl � %,^ &aZ& Place Notary Seal Above 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(les) Claimed by Signer(s) Signer's Name: Signers Name: 0 Individual it Individual 0 Corporate Officer—Title(s): 0 Corporate Officer—Title(s): 0 Partner—0 Limited 0 General 0 Partner—0 Limited 0 General 0 Attorney in Fact • 0 Attorney in Fact y • " Trustee Top of thumb here 0 Trustee Top of thumb here 0 Guardian or Conservator 0 Guardian or Conservator 0 Other: 0 Other: Signer Is representing: Signer Is Representing: 02007 Nahonal Notary A5,4octation•9350 De Soto Ave.,Po.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder:Call TWI-Free 1-800-878.8827 LINCOLN GENERAL INSURANCE COMPANY PONATR OF ATTOWNTY ISSUED IN ONE ORIGINAL COUNTERPART BOND NO. 661121958 KNOW ALL MEN BY THESE PRESENTS;That Lincoln General Insurance Conipany,orgatlizM and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint, Kenneth A. Coate, Julia B. Gladding Its true and lawful Attorndy(s)-in-Fact to sign, seal and execute for and on its behalf, as surety,bonds, undertakings,and other obligatory instruments of similar nature,and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offices of the corporation,and all,the ac6 of said Attorney,pursuant to the:authority hereby given are hereby ratified and confirmed, RESOLVED that this Power of Attorney is granted and is signed,scaled and notarized with facsimile signatures and seals under authority of the following resql I utipris adopted by the Board of Directorsof Lincoln General Insurance Cornpany on the 0 day of September,2002. RESOLVED that the President,an Executivc or Senior Vice President,or any Vice President of the Company,together with the Secretary Or any Assistant Secretary are-hereby authorized,to execute Powers' of Attorney ne appointing the person(s) named as Attbrwiey(s)-bi7Fact to date;execute sign,seal and deliver on behalf of the Oompany,fidelity and'surety bonds,undertakings,and other similar contracts of suretyship,,and any related documents. RESOLVED FURTHER.that the signatures of the officers making the appointment,and the signature of.any officer certifying the validity and current status of the appointirient,may be facsimile representations;of those signatures,and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of diose hose s I ignatures and seals,and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimite'represt.-ntationsreferred to herein may be affixed by stamping,printing,typing or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its Corporate seal to,be of and these presents to be signed by its duly authorized of this 15'h day of October,2004, I N S 4,�......... 00-re C)•a fiC-) iz, 1977 o Sevretai- y Presider On this 15'h day of October,2004,before fine personally came John T.Clark,to me kno-,),m, who being duly sworn,did depose and say,that he is the President of the Corporation described in and which executed the above instrument:that he knows the seat affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of birectors of said Company;and that he e-xccutcd the said instrument by like order and authority and the same was his free act and decd. The Commonwealth of Pennsylvania York County NOV$&41 RENEE L KRIVACW Notchy Pubrf-- YORK CITYYORK COLM mycommWC61EXPItes Oct 29,2008 1,Gary J.OrridorT,Secretary of Lincoln'Gerietal Ingurahce'Company,a eorporattion.of the Commonwealth of Pennsylvania do hereby certify that the above and,foregoing is a full,true and correct copy of Power of Attorney issued by said Cornpa.ny,and of the whole of the,original and that the said Power of Attorney is still in full force and effect and has not been revoked, and fiirthdintire that the Resolution ofthe' of Directors,set forth in the said Power of Attorney is no*in force, IN WITNESS,WHERE017. I have hereunto set my hand and affixed the seal of said Company,at York, Pennsylvania, this 11th day of June l 008 INS OPATE 0 .0 iE Z 1977 :0= 1��0% g- Company Profile u4 Ut Company Profile LINCOLN GENERAL INSURANCE E COMPANY P.O. BOX 3709 YORK, PA 17402 804-876-3350 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of_Process`? Reference Information NAIC #: 33855 MAIC Group #: 1.3.26 California Company ID #: 4679-7 Date authorized in California: May 11, 2001. License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION http:/Iinteraetive.web.insurance.ca. ovlwebuserlidb co_prof_utl. ;et co`prcf?p IsID 02386 6118/2008 Company Profile Company Complaint Information Cpmpany_ rifarc.em,eli-t Action ........................ C9m my,,ftrformance & CQmpai Composite Complaint Studies Want More? Help Me Find a Company Revresentative in MyArea Financial Rating-Org izations Last Revised-May 07,2008 02:35 PM Copyright 0 California Department of Insurance o http://interactive.web.insurance.ca.gov/vvebuser/idb_co_prof -utl.get_co_prof?p.YlD=62386 611812008 UA IC lmmruurf,,.J AC:-)RD,. CERTIFICATE OF LIABILITY INSURANCE 06/17/2008 PRODUCER (909)792-2345 FAX (909)792-0159 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beall Financial & Insurance Svcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 130 W. Vine Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redlands, CA 92373 Richard Beall INSURERS AFFORDING COVERAGE MAIC# INSURED PALM CANYON CONTRACTORS INSURERA: Travelers Indemnity Co. of CT 25682 P.O. BOX 656 INSURER 8: YUCAIPA, CA 92399 INSURER C. INSURER 0: INSURER E: r4OVERAGES 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, INSK OWL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS DATE(MMiDDIYYI DATE tMM1ODrM GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED —1 CLAIMS MADE r OCCUR PRFMISCS IF,a=xan�) MED EXP(Any one Person) PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG III j LOC POLICY f PERC0j r AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY III NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND DTEUS6416L87507 1010112007 10/01/2008 X I H- EMPLOYERS'LIABILITY � IT I A ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 IfIges,describe under SPECIAL AL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER I I I I I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS EVIDENCE OF COVERAGE. 3OB LOCATION: DEARBOURNE & PIONEER, REDLANDS, CA 306 DESCRIPTION: CONTRACT #24300-7230/47105 SPORTS PARK PARKING LOT PAVING WAIVER OF SUBROATION APPLIES TO THE WORKERS COMP PER ATTACHED WIC 04 03 06 01. 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOL12ER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF REDLANDS *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PUBLIC WORKS DEPT. BUT FAILURE TO MAIL.SUCH NOTICE SHALL WPOSE NO OBLIGATION OR LIABILITY P.O. BOX 3005 OF ANY KIND UPON THE INSURER,ITS A OR"R:E7PRES TIA:'t?, REDLANDS, CA 92373 AUTHORIZED REPRESENTATIVE RICHARD BEALL ACORD 25(2001/08) ACORD CORPORATION 198E AO TravelersPropertyCasualty %k WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06(01) — POLICY NUMBER: DTEUB6416LS7507 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 %OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF REDLANDS AND THEIR OFFICERS, CONTRACT#24300-7230/47105 SPORTS PARK EMPLOYEES,ELECTED OFFICIALS,AND PARKING LOT PAVING AGENTS DATE OF ISSUE: ST ASSIGN, ACORP, CERTIFICATE OF LIABILITY INSURANCE 06/,1.7.12,008 PRODUCER (909)792-2345 FAX (909)792-0159 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beall Financial & Insurance Svcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 130 W. Vine Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redlands, CA 92373 INSURERS AFFORDING COVERAGE MAIC# INSURED PALM CANYON CONTRACTORS INSURERA: Travelers Prop & Cas Co of Ame 25674 P.O. BOX 656 INSURERS YUCAIPA, CA 92399 INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION AJ& TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD=1 DATE(MWDQ=) LIMITS GENERAL LIABILITY DTEC09322BS92 11/05/2007 11/05/2008 EACH OCCURRENCE $ 11000,0001 7X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE I r-U-1 qFS(Fa =jr,nca) 300,0001 A I OCCUR MED EXP(Any one person) $ S'000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X1 POLICYF-]J`ERCO� f—]LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY DTSMCUP9322BS92 11/05/2007 11/05/2008 EACH OCCURRENCE $ 1,000,000 OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 A $ 1,000,000 DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION ANDWC STA I TORY LI EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT: $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS I I DENCE OF COVERAGE. CERTIFICATE HOLDER, THEIR OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS ARE AMED AS ADDITIONAL INSURED PER ATTACHED CG D2 49 08 OS. WAIVER OF SUBROGATION & PRIMARY -CONTRIBUTORY APPLIES TO THE GL PER ATTACHED CG D3 16 07 04. 308 LOCATION: DEARBOURNE PIONEER, IONEER, REDLANDS, CA JOB DESCRIPTION: CONTRACT #24300-7230/47105 SPORTS PARK PARKING LOT PAVING k10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFI!gATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF REDLANDS *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PUBLIC WORKS DEPT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 3005 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, REDLANDS, CA 92373 AUTHORIZED REPRESENTATIVE RICHARD BEALL 44 ACORD 25(2001/08) OcACORD C6kF''ORATION 1988 CG D2 48 08 05 Page I of 2 CG DZ 48 tib 06 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ rr CAREFULLY. BLANKET ADD17 ONAL INSURED (CONTRACTORS OPERATIONS) 'this aridorsernnt modros lrtaee eco r prareride d uodw the fo*yMng: CUMWJWIAL GENERAL LIABILITY COVERAGE PART 1. WHO is AN INSURED—(Sector► 10 Is emanated to cede arty person or orgw*Ation that you agree in a Naftten contract requiring insurances'to include as are additional Insured on this Cavo age Parts but: a) Only wits respect to liability for"bodily k4tW."property damage'or"personal k**Y`;and b) t, and only to the extent stead. the Injury or dammer is oauasd by acts or omissions of you or your subcontractor In the perf re"lMi soft of "your WOrIK"" to which the -written wMnwt reWiring insura sW applies. The person or organization does not qual ty as an additional insured with respect to the independent acts or o+rnissians of such person art organization. 2, The insurance provided to the additional insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Covcarage hart shown in the Declarations exceed the limits of kabilly re"red by the"written contract requift insurarn ".the insurance provided to the additional Intoned shall be limited to the penins of liability required by that"written contract requiring insurance". This endorsement shell not inc .w to t mss of insurance described In Section M—Limits o(lnsurance. b) The insurance provided to the additional tssunMd does not apply to"boder InW, "property damage"or "personal k4urY" arising out of the rendering of. or failure to rende c any professional architectural, anginimirg►orr tisurveying Services„Including: �}�.� �y��iri� I. The preparing+ �rq.or falling to prepare or approve, maps, shop dra Mngs, opinions, reports. surveys.fiend orders or change orders,or the preparing, approvIM or failing to prepare or approve, drawings and speakcations:and ii. Supervisory,inspection,architectural or engineering activities. C) The insurance provided to the additional insured does not apply to"toddy v*kY or*property damage" caused by"your worts"and included in the" operations hazar .". 3. Tho Insurance provided to the additional insured by this endorsernent is excess over any vallti and oollactible "rather Irrsura nee".wheth r prprrary,excess,contingent or on any other basis,that is available to the additional irrsmed fon a loss we carver under this srtdcrsernent. However, If 9w "written contract rewiring Insurance' specillcaly requires that this insurance appy an a pdmary basis or a primary and non-contributory basis.this insurance Is primary ry to "other erw ranee" wobble to t s, additional insured which covers that person or organizallon as a ranted insured for such loss, and we will not share with that "otter insurwwoO. But the insoranca provided to the a ddWo AW insured by this ertdax wnant still Is excess over any vakd and collectible "other irmoance",whedfeer primary.excess.contngernt or on any rather basis.that Is wailable to the addhional Umpvd when that parson or organdxalon Is an additional Insured under such"ether insurance". 4. As a condAw of covsrage provided 10 the additional insured by this andorsement; a) The additional Insurted must give us written n1o6ca as scram as pradkWe of an"occurrence"or an o fence which may nesuit in ant dom. ra the extent possible,such notice should Include: L draw,when and where the"occurrerwe or offense tools placer. ill. The names and addresses of any injured persons and witnesses;and Ill. The nature.and loci of any Injury or damage arising out of the*occurrence*or offense. bl if e clam is or"snit"is t)rougbt against tate additional insured,the additional insured must;. I. Immadately record the specifics of eluent or"saris"and the date received:and http-.//eforms.travelers.co T/gateway.dll/fssfarmsl/ en ral°/X20{iability/cgd2480805, .,, 1111,2 07 CG lag 48 08 05 Pages 2 of 2 ii. Nobly us as soon as practkabie. The awJdiboned #U ured must $ee to it the# we receive written notice of the dahn or 'suW,as soon as pradic abia c) The addibmW Insured must irnrneKfiatetyr send us copies of ad tegai papers received in connection with the d6m or"suit". cooperate wM,us in the kwestigsdfon or settyernent of the dadm or defense against the 'auiC",and cittae WIM cm*with of poky condit]on& A Ther addwtio W hots and must boder the defense and indemnity of any claim or-SW b any providw of "other Ins wanc er which would cow the addWorW Msuraad for a Mss wee cowr under this endorsement. Nawrem,lhis cor~does not anted whedaer the hsufance provided to the addilonat insured by this endosm"Oflit is Wknwy b"other insurarOW aiveRable,to the additional insured whrich covers the#person or orgarft&tion as a naaned insured as desa1bed in parch&move. S. The blowing dei" ion is added b SECTION V.—DEEFINMONS: "Whim Contract red*vv in*Carmnoe means that peat of any*rift"contract or agreement under which you we required to inciude a parson or ogpv iu#m as an additionat insured on this Coverage Part, provided that We"boft kr*W and"property damage`omm and the'perstmai Injury"a caused by an offense torn d: & After the signing and execution of the contract or agreement by you; b I Wft that part of the contract or agreement is in effect and c. Before,the end of the poNcy period. CG d2 48 08 tin Qatar i l.�e�. e nol Tale Traveaem Companies,Int. htt ://Cforms.travelers.co /NXT/gatew y.dll/fssfor sl/genera]°/*2011 bility/cgd248€805,h... 11/1/2007 CG D3 16 07 04 Page I of CG D3 16 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAM IT CAREFULLY. 1 CONTRACTORS XTERD ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL L"ILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - Provisions A.4t and J.-N. of this endorsement broaden coverage, and provision L of this andoraement may W'Nt coverage. The following fisting Is a genal coverage description only. Lirnitatitms and exclusions may apply to these coverages. Read all the PROVISIONS of this endoresment drat* to determine rights,duties,and what Is and is not covered. A. Broadened Named Insured B. Extension of Coverage-Damage To Premises Rented To You • Peas of fvs,explosion.lightning,smoke,water • Lint increased to$300,0 C. Blanket Waiver of Subrogation Cr. Blanket Additional Insured-Managers or Lessors of Premises E. Incidental Medical Melprac t F. Extension of Coverage--S lily Injury G. Contractual Liability-Railroads N. Additional insured-State or Political Subdivisions I. Other Insurance Condition J. Increased SupplOrnentary Payments • Cost of be#bonds increased to$2.5500 • Loss of earnings Increased to$504 per day K. Knowledge and Notice of Occurrence rence or Offense L. Unintentional Omission M. Personal hjury-Assumed by Contract N. Blanket Additional Insured---L..sasor of Leased Equip sit PROVISION$ A. BROADMED NAMED INSURED 1. The Named Insured In Item 1.of the Declarations is as follows: The person or organization named in item 1.of the Qectaratlons and any organization, oar than a partnership, joint venture or limited liability company, of which you nu ain ownershlp or In which you maintain the m*ft Interoo on the effective date of the policy. However, coverage kyr any such additional organization wig cesse as of the data. if any, during the policy period, Ihat you no longer maWM M owners*of, or the moo*Interem in, such organization. 2. WHO IS AN INSURED(Section 4)Item"I$deleted and replaced by ttfe tftwkV. a. Coverage under this prevision Is afforded only ur#M ft 18ft day oftr you acquire or form the aeganizalion or lie end of the policy period,whir-ever is earlier. . This Provision A.does not apply to any person or orgargzation for which cove Is excluded by endorsement 6, EXTENSION OF COVERAGE-DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - CG D3 16 07 04 Page,2 of 6 Coverages)is deleted and replaced by the following: Exclusions c.through n.do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner,caused by: a. pore, b. Explosion; c. Lightning; d. Smoke resulting from such fire,expWIon,or lightning;or a. Water. A separate limit of insurance applies to this coverage as described in Section IN Lhft Of Insurance. 2. This insurance does not apply to damage to promises while rented to you, or teddy occupied by you with permission of the owner,caused by: a. Rupture, bursting,or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water, c. Explosion of steam bollers.steam pipesstearn vVi nes.or steam turbines. 3. Paragraph t of LIMITS OF INSURANCE(Section IN)Is deleted and replaced by the following: Subject to& above,the Damage To Premises Rented To You Linnit Is the most we will pay under COVERAGE A. W the sum of all damages because of"property damage"to any one promises while rented to you,or temporarily occupied by you with permission of the owner, caused by: Are; explosion; lightning; smoke resulting from such fire, explosion, or lightning, or water. The Damage To Premises Rented To You Urnit will apply to all"property damage" proximately caused by the same *occurrence", whether such damage results from. fire; explosion; lightning. smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causer. The Damage To Premises Rented To You Limit will be the higher of a. VIN,000;or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of*Insured contract" (DEFINITIONS —Section V) Is deleted and replaced by the Wowing. a. A contract fora lease of premises. However, that portion of the contract for a lease of premises that indemnities any person or organization for damage to promises while rented to you, or tenqKwarlly occupied by you with permission of the owner, caused by: Ike, explosion; lightning; smoke resulting from such &*, explosion,or lightft or water,is not an*hsw*od oontract% 5. This Provision B.does not apply If coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section I—Coverages)Is excluded by endorsement C. BLANKET WAIIAW OF SUBROGATION We waive any right of recovery we may hove against any person or organmation become of payments we make kW injury or damage aft" out of promises owned or occupied by or rented or loaned to you, ongoing operations perWned by you or on your behalf, done under a contract with that person or organization; *your work"; or "your producW. We won this right whom you have agreed to do so as part of a written contract executed by you before the"bodily"ury-or-property demago'occurs or Ow-personal Injury'or-advertising kW offense Is committed. 0. BLANKET ADDITIONAL INSURED—MANAOM OR LESSM OF PREMISES WHO IS AN INSURED(Section N)is amended to Include as an Irwed any person or organizAtion(referred to below as "additional Insured) with whom you have agreed in a written contact executed before the "bodly Injury" or Oproperty damage occurs or the "personal kqury* or "advertising Injury" offense Is cornmitted, to name as an additional Insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you,subject to the following provisions: 1. Limits of Insurance.The limits of insurance afforded to the additional insured she#be the limits which you agreed to provide in the written conn trad,or the limits shown on the Declarations,whichever are less. 2. The insurance afforded to the additional insured does not apply to: CG D3 16 07 04 Page 3 of 6 a. Any"bodily injury"or"Prop" damage" that occurs, or"personal injury"or "advertising Injury"caused by an offense which is committed,after you cease to be a tenant in that promises; b. Any promises,f0r which coverage is excluded by eodorsement or c. Structural alterations, new construction or demolition operations perforrned by or on behalf of such additional insured. 3. The insumoe afforded to the additional insured Is excess over any valid wW collectible "other hsurw)W available to such addWnal Insured, unless you have agreed In ft written contract that this insurance must be primary to,or non-contributoty with.such sotverinaxsnW. E. INCIDENTAL MEDICAL MALPRACTICE 1. The following Is added to paragraph 1. Inswing Agreement of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section I-Coverages): "Bodily Injury"adsing out of the rendering of, or fallure to render, the following will be deemed to be caused by an *I" 'cr a. Medical,surgical,dental,laboratory,x-ray or nursing service,**Ice or Instruction,or the related furrilshing of food or beverages; b. The furnishing or dispensing of drugs or medical,dental,or surgical supplies or appliances; c. First aid;or d. *Good Samaritan services.' As used In this Provision E., "Good Samaritan services" are those medical services rendered or provided In an emergency and for which no remuneration Is demanded or received. 2. Paragraph 2.s.(1)(d) of WHO IS AN INSURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, b4A only while performing the services described in paragraph 1. above and while acting within the scope of their employment by you. Any "emptoyeW rende*q "Good Samaritan services" will be deemed to be acting **Nn the scope of their employment by you. 3. The following exclusion is added to paragraph Z Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Sectlori I-Coverages}: (This insurance does not apply to-1"Bodily Injury-or-property darnage-arising out of the willful violation of a penal statute or ordnance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. A. For the purposes of determining the applicable limits of Insurance, any act or omission together with 90 related acts or omissions In the furnishing of the services described In pa rograph 1, above to any one person WIN be deemed one"occurrence". s. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the Insured,whether prWnW. excess, contingent or on any other basis, except for Insurance that you bought specifically to apply In ucess of the Limits of Insurance shown on the Declarations of this Coverage Part. F. EXTENSION Of COVERAGE-BODILY INJURY The definition of-bodily INLW(DEFINITIONS-Section V)is deleted and replaced by the following: "bodily Injury" means bodily Injury, mental anguish, mental Injury, shock, fright, disability, humiliation, sickness or disease sustained by a person,Including death resulting from any of these at any time. 0. CONTRACTUAL LIABILITY-RAILROADS i. ParaWaph c. of the definition of"Insured contract'" (DEFINITIONS -Section V) is deleted and replaced by the following: c. Any easement or license agreement; z. Paragraph f.(1)of the definition of"insured contract*(DEFINITION$-Section V)Is deleted. H. ADDITIONAL INSURED—STATE OR POLITICAL SUBDIVISIONS—PERMITS INHO IS Al INSURED (Section 11) is arnended to include as an insured any state or political subdivision, subject to the following provisions., CG D3 16 07 04 Page 4 of 6- 1. This insurance aplrWs only when required to be provided by you by an ordinance, taw or building code and only with respect to operations perrfomned by you or on your behalf for which the state or political subdivision has issued a permit 2. This insurance does not apply to. a. "Bodily Injury,""property damage,""personal Injury"or"advertising injury"arising out of operations performed for the state or political subdivision;or b. "Boder wry"or"property damage"included In the"products-c:ornpieted operations hazard". 1. OTHER INSURANCE COMMON A. CCM+4MMIAL GENERAL LIABILITY CONQITKM(Section IV"). paragraph 4. (Other Insurance) Is deleted and replaced by the k4owing. 4. tither Insurance If valid and collectible"other insurance"is available to the Insured for a loss we cover under Coverages A or S of this Coverage Part,our obligations ars wed as follows: a. Primary Insurance This insurance Is primary except when b. below applies. if this insurance is primary, our obligations are not affected unless any of the"other insurance" is also primary. Then, we will share with all that"other Insurance"by the method described In e-below. b. Excess Insurance This Insorance Is excess over any of the"other insurance",whether primary,excess,contingent or on any other basis: (1) That is Fire, Extended Coverage.Builder's Risk,Installation Risk,or similar coverage for"your worts"; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner,or (4) If the loss arises out of the maintenance or use of aircraft, "autos", or watercraft for the extent not subject to Exclusion 9-of-Section i-Coverage A-Bodify Injury And Property Damage Liability; or (S) That'is available to the insured when the insured is an additional insured ander any other policy, including any umbrells or excess policy. When this Insurance is excess, we will have no duty under Coverages A or B to defend the insured against any"auir if any provider of"other Insurance"has a duty to defend the insured against that"suit", if no provider of "other insuranW defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of"other insurance". Wean this insurance is excess over"other jnsuranW, we wig pay only our share of the amount of the loss,if any,that exceeds the sura of: (1) The total amount that all such "other insurance" would pay for the loss In the absence of this insurance;and (2) The total of all deduce and self-lnsured amounts nor that"~insurance". We win shute the remaining lass, if any, with any "other Insurance" that is not described in this Excess hwuranc a provisloin. c. Method Of Sharing if all of the"other insurance"permits contribution by equal shares,we will follow this method also. tinder this approach each pro ider of Insurance contributes equal amounts until it has paid Its applicable limit of insurance or mane of thoe loss remains,whichever fiirst if any of the"other insurance"does not permit contribution by equal shares, we will contribute by Omits. t Under this method, the,share of each provider of Insuran€ is based on the ratio of its applicable limit of insurance to the total a iknits of Insurance of all providers of insurance. B. The following definition is added to DEFINITIONS(Section Y). s t # ar: • E �+ « • 't t : • • «>r r f • t t' r • R �t r .•.. -a ;iG t' -:+, «�. a t-t, w: I i iii- r: • r -r •. r i I - • i M - }: a R i « t;. t i f - r t b' • � ' N :t'i - t # t s• - h:. t • t - •• t i- M • r ! }: • • ::t t " ( t,': • 4- f - •4•• �.. X i i. t MX i': #- - • • i ! t f i - f-M • t... r' 1 4 if ' i..ti't i t ■- � •s:". -,f fy k. f ♦L M ?!: s. • _# i t` -• t 'f • s•.= t4 ttl"..i t i .• Wt: - t 'il r' s.- ►: _ AY' t= •t ^i s t «. Cf• _■ ` CG D3I60704 Page 6 of 6 "personal injury proved: (a) Llability to such party for,or for the cost of, that party's defense has also been assumed in the some"insured contra";and (b) Such attorney fees and lltigatim expenses are for defense of that party against a civil or alternative dispute resolution proceeding In which damages to which this insurance applies are alleged. 2. Paragraph 2.d.of SUPPLEMENTARY PAYMENTS--COVERAGES A AND B(SWW I—Coverages)Is deleted and replaced by the Wowing: d. The allegations in the"suit"and the information we know about the"oxurrence"or offense are such that no conflict appears to exist between the Interests of the insured acrid the Interests of the Indemnitees; 3. The turd sentence of Paragraph 3 of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 Cove")Is deleted and replaced by the following: Notwithstanding the provisi" of Paragraph Zb.(2) of Section 1 -- Coverage A — Bodily hjury And Property Damage Uabllity,or the provisions of Paragraph 2.e.(1)of Section i—Coverage B—Personal",Advertises Injury And Web Site Injury Liability, such payments will not be deemed to be dames for"boafly Injury" and "Property damage",Or darnages for"personal k*W.and will not reduce the limits of Insurance. 4. This provision M.does not apply if coverage for"personal miry"liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED(Section tI) Is amended to include as an insured any person or organization(referred to below as "additional insured") with whom you have agreed in a written contact, executed before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respect to their Habiltty for "bodily Injury". "property damage", "personal Injury" or "advertising Indy" amused, in whole or in pact, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional Insured,subject to the following provisions: 4. Limits of Insurance. The limits of insurance afforded to the additional insured shalt be the ernits which you agreed to provide in the written contract,or the limits shown on the Declarations.whichever are less. 2. The Insurance afforded to the additional insured does not apply to any "bodily Injury"or"property damage"that occurs, or"personal injury"or"advertising Injury"caused by an offense which is comnnitted, after the equipment leasee expires. 3. The insurance afforded to the additional Insured is excess over any valid and collectible "other insurarnce" available to such additional insured, unless you have agreed in the written contract that this insurance must be primary to,or non-contributory with,such"other Insurance". CG D316 07 04 . 02W av*W1 .Ine- AC- T. CERTIFICATE OF LIABILITY INSURANCE 4j17/2008 PRODUCER (909)792-2345 FAX (909)792-01S9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Beall Financial & Insurance Svcs, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 130 W. Vine Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIL# INSURED PALM CANYON CONTRACTORS INSURER Travelers Prop & Cas Co of Aisle 25674 P.O. BOX 6S6 INSURER B YUCAIPA, CA 92399 INSURER C: INSURER D; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR AD0*L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDO/YYJ GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ irprica) CLAIMS MADE [:]OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY III GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICYjPERc0j [—]LOC AUTOMOBILE LIABILITY DT8109322BS92 OS/12/2008 05/12/2009 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1'000'00O ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A — X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ F (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE III DEDUCTIBLE $ RETENTION $ $ �&YSTATUf 11- LIM WORKERS COMPENSATION AND S1 1 0& EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ ffXes under SPECIAL describe IIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT)SPECIAL PROVISIONS VIDENCE OF COVERAGE. CERTIFICATE HOLDER, THEIR OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS ARE 4AMED AS ADDITIONAL INSURED TO THE AUTO PER ATTACHED CA 20 48 02/99. WAIVER OF SUBROGATION APPLIES PER kTTACHED CA T3 S3 01 04. 308 LOCATION: DEARBOURNE & PIONEER, REDLANDS, CA 108 DESCRIPTION: CONTRACT #24300-7230/47105 SPORTS PARK PARKING LOT PAVING 110 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM, CERTIFICATE HOLDER CANCELLATIQN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF REDLANDS *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PUBLIC WORKS DEPT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 3005 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, 777 REDLANDS, CA 92373 AUTHORIZED REPRESENTArIVE 7? RICHARD BEALL — ACORD 26(2001108) OCACORD CORPORATION 1981 POLICY NUMBER: DT8109322B592 CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED COMMERCIAL AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): CITY OF REDLANDS AND THEIR OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured under the Who Is An Insured Provision contained in the Section If of the Coverage Form. CA 20 48 (02-99) Privacy/Legal Notices 02004 The St. Paul Travelers Companies,Inc. form number Page I of 3 CA T3 53 0104 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE EXTENSION FORM This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. BROAD FORM NAMED INSURED SECTION 4-LL48UJW COVERAGE,A.1.Who Is An insured provision Is amended by adding the following: d. Any business entity newiy acquired or formed by you during the policy period, provided you own 50%or more of the business entity and the business entity is not separately Insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. 8. EMPLOYEES AS INSURED SECTION 11-LIABILITY COVERAGE,A.I.Who Is An Insured is amended by adding the following: a. It you are not a sole proprietor, any "employee" of yours is an "insured"while using, in the course and scope of your business at the time of an"accident",a covered"auto*you don't own,hire or borrow. If you are a sole proprietor, any"employee"of yours is an "insured"while using, in the course and scope of your business or personal affairs at the time of an*accident*,a covered"auto"that you don't own,hire or borrow. C. COVERAGE EXTENSIONS-SUPPLEME"-TARY PAYMENTS SECTION If- LIABILITY COVERAGE,A. 2. Coverage Extensions, a. Supplementary Payments subparagraphs (2)and(4)are deleted and replaced by the following: (2) Up to $3,000 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 toss of earnings up to $500 a day because of time off from work. D. HIRED CAR—WORLDWIDE COVERAGE SECTION It-LIABILITY COVERAGE,A.2.Coverage Extensions is amended by adding the following extension: c. Hired Car-Worldwide Coverage (i) We will pay aft sums an "insured" legally must pay as damages because of Obodity injury" or "property damage to which this Insurance applies, caused by an "accident"which occurs outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada resulting from the operation, maintenance, or use of any covered"auto"of the private passenger type you Lease, hire, rent,or borrow without a driver for 30 days or less. (2) With respect to any claim made or"sur Instituted outside the United States of America. the territories and possessions of am United States of America.Puerto R".and Canada: (a) You shall undertake the investigation, settlement, and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without out cons (c) We will reimburse you: (I) For the amount of damages because of liability imposed upon you by law on amount of*bodily injury" or"property damage to which this policy applies,and (11) For all reasonable expenses Incurred with our consent in connection with the investigation, settlement or defense of such claims or "suits". Reimbursement for expenses will be part of the Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS,and not in addition to such limits. f3) The Urn it of Insurance for Liabihty Coverage shown In ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS is the most we will reimburse you for the sura of all damages imposed on you, as set form number Page 2 of 3 forth in c.(2)(c)above,and all expense Incurred by you arising out of any single"accident"or"loss". (4) You must maintain the greater of the following primary auto liability insurance firnift: (a) Compulsory admitted insurance with limits required to be In-*>rce to satisfy the legal requirements Of the jurisdlctirsrs where the"accident"occurs,or (b) Insurance limits required by law and issued by a governmental entity or by an insurer licensed or permitted by law to do business In the jurisdiction where the wacciclent"occurs;or (c) Auto liability insurance limits of at least $300,000 Combined Single Link or $100,000 per person/ $31)0,000 per accident Bodily injury,$100,000 Property Damage. If you fad to comply with the above,this insurance is not invalidated. However, in the event of a"loss", we will pay only to the extent that we would have been!table had you so compiled. (5) The Insurance provided by HIRED CAR-WORLDWIDE COVERAGE is excess over any other collectible insurance available to you whether on a primary,excess contingent or any other basis. E. HIRED CAR PHYSICAL DAMAGE—LOSS OF USE SECTION"-LIABILITY COVERAGE,A.2,Coverage Extension*is modified by adding the following: d, Notwithstanding SECTION 11,LIABILITY B. Exclusions 2.and C,we will pay sums which you legally must pay to the lessor of a covered"auto"which you have teased without a driver for 30 days or less for the tessoft loss of use of the covered"auto",provided: 1. This insurance provides comprehensive,specified causes of loss or collision coverage on the covered"auto"; Z The loss of use results from the covered"auto"being damaged in an"accident"while you are leasing it. We will pay up to$66 per day subject to a maximum limit of$750 for any one"accident". F. PHYSICAL DAMAGE—TRANSPORTATION EXPENSE SECTION NI - PHYSICAL DAMAGE COVERAGE, A. 4. Coverage Extensions, subparagraph a. is deleted and replaced by the following* a. Transportation Expenses We will pay up to$50 per day to a maximum of$1,500 for temporary transportation expense incurred by you because of the total theft of a covered"auto"of the private passenger type.We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses Incurred during the period beginning 48 hours after the theft and encting, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for Its'lose. If the temporary transportation expense Incurred arises from your rental of an*auto"of the private passenger type, the most we will pay is the amount it costs to rent an"auto"of the private passenger type which is of a like kind and quality as the stolen covered"auto". G. PERSONAL EFFECTS COVERAGE SECTION IN - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects Coverage We will pay to$400 for loss to wearing apparel and other personal effects which are: (I I owned by an insured;and (2) In or on your covered"auto". This coverage applies only in the event of a total theft of your covered"auto". No deductilbles apply to Personal Effects Coverage. H. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV - BUSINESS AUTO CONDITIONS, A. 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subparagraph a.is deleted and replaced by the following: a, In the event of"accident", claim, "suit'or loss", you must give us or our authorized representative prompt notice of the'accident*or lose including: (1) Now.when and where the*accident"or lose occurred; (2) the'insured'e name and address-,and form number Page 3 of 3 (3) to the extent possible,the names and addresses of any injured persons and witnesses. Your duty to give us or out authorized representative prompt notice of the"accident"or"loss" applies only when the`accident'or*loss*is known to: i. You.W you are an individual; 2. A partner.if you are a partnership;or 3. An exewov*ofter or Insurance manager,N you are a corporation, 1. BLANKET WAIVER OF SUBROGATION SECTION IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions,S.Tromfor Of Rights Of Recovery Against Othws To Us is deleted and replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the waccklenr or "toss" arises out of operations contemplated by such contract The waiver applies only to the person or organization designated in such contract. J. UNINTENTIONAL ERRORS OR OMISSIONS SECTION IV-BUStNESS AUTO CONCHTIONS, B. Gonerat Conditions, 2. Concoabmwt, Misrepresentation, or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shalt not prejudice your rights under this insurance. How-ever this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. K. MENTAL ANGUISH SECTION V-DEFtN1T1ONS,Def nitiort C.is amended by adding the following: *Bodgy injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness,or disease. CA T3 53 0104 02007 The Travelers Companies,$no, 'Na