HomeMy WebLinkAboutContracts & Agreements_17-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction Contract ("Contract") made and entered into this 154 day of
2012, by and between the City of Redlands, a municipal corporation
organized an existing under the laws of the State of California, (hereinafter "City"), and Paso
Robles Tank, Incorporated (hereinafter "Contractor"). City and Contractor are sometimes
individually referred to herein as a"Party" and, together, as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
I. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the following: Reservoir Recoating and Improvements Project Texas Street Reservoir,
complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's RESERVOIR RECOATING AND IMPROVEMENTS
PROJECT TEXAS STREET RESERVOIR, Project No. 71225.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$275,300.00 as
consideration for its performance of the Work in accordance with the terms and
conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section
22300, Contractor has the option to deposit securities with an escrow agent as a substitute
for retention of earnings requirement to be withheld by City pursuant to an escrow
agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within Ninety(90)
calendar days from and after the date of the delivery to Contractor of a written Notice to
Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
allowed will result in damages being sustained by City. Such damages are, and will
continue to be, impracticable and extremely difficult to determine. Accordingly,
Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of
One Thousand Dollars ($1000) for each consecutive calendar day in excess of the
specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that One
Thousand Dollars (S 1000) per day is the estimated damage to City caused by the failure
of the Contractor to complete the Work within the allowed time. Such sum is for
liquidated damages and shall not be construed as a penalty, and may be deducted from
payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set
forth herein, to wit-, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal,
Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General
Conditions, Special Conditions, Special Provisions and Specifications, and any addenda
thereto.
CD 1
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or
interpret the terms or conditions of the Contract documents, the prevailing Party in such
action, in addition to any costs and other relief, shall be entitled to recover its reasonable
attorneys' fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount
of 5375,000 or less shall be made by Contractor and processed by the City pursuant to the
provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code(commencing
with Section 20104). All claims shall be in writing and include the documents necessary
to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section
20104.2 shall extend the time limit or supersede the notice requirements provided in this
case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and
California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not
debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests
under this Contract shall be binding on another Party without the written consent of the
Party sought to be bound.
10, SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their
respective successors and assigns in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
e�
ri
B
y:
Mayor, City of Redlands.County of
San Bernardino, California
ATTEST:
City Clerk, % f Redlands _ ti
u-°
County of San gernardino, California (SEAL)
CA, 4 , 14
1041
(A s V, � - -
Name ntractor
Ic"
By:
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Signa of Authorized nt
'
.
Title
Signature of Authorized Agent(if necessary)
cac c
Title
Contractor's License No.
CD 3
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT Y�
State of California
S 33
I County of Riverside
ii
On February 1,2012 before me, Carla L. Johnson, Notary Public
l l
(Here insert name and title of the officer)
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j personally appeared Lawrence G. Wombles, President/CEO/Business Development Manager
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I. who proved to me on the basis of satisfactory evidence to be the persons}whose name(&)is subscribed to
1 the within instrument and acknowledged to me that(D4e4hey executed the same in is authorized
capacity4e+and that by is signature{-�i}oil the instrument the person,or the entity upon behalf of }
E 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 i
i 1
is true and correct.
W ----7 7-7
CARLA _. J "NSC)N741112
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! ESS m d and official seal.
COUNT
Y
RIVERSIDE
Es ar.22,201 � I
signiture oft` ary Public
i ADDITIONAL OPTIONAL INFORMATION
€i INSTRUCTIONS FOR COMPLETING THIS FORM l
s i Ant, acknowledgment completed in California must contain verbiage exactly as 1�
i
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment,form must be ;!
E� properly completed and attached to that document. The only exception is if a
Reservoir Recoating&Improv.Texas Street document is to be recorded ontside of California.In such instances,not,alternative II
E_ (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the !
verbiage does not require the notary to do something that is illegal for a notary in i
Contract California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required l
E! _
g (Title or description of attached document continued) d
1 2-1-2012 State and County information must be the State and County where the document
Number of Pages Document Date j
( signer(s)personally appeared before the notary public for acknowledgment
Date of notarization must be the date that the signer(s)personally appeared which
!i City of Redlands, CA must also be the same date the acknowledgment is completed_
r
(Additional information) The notary, public must print his or her name as it appears within his or her
}
commission followed by a comma and then roar title(notary public) t
j Print the name(s) of document signet(s) who personally appear at the time of ?i
f notarization.
i CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(ic I
Individual(s) I�shelthuy star€ }or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
Corporate Officer The notary seal impression must be- clear and photographically reproducible t
! CEO Impression must not corer text or It If seal impression smudges,re-sea] it a
(Title) sufficient area permits,otherwise cornplete a different acknowledgment term.
Partners) Signature of the notary public must match the signature on file with the office at-
the
f the counts clerk_
It Attorney-in-Fact Additional information is not reNuired but could help to ensure this
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Trustee(s) acknowledgment is not misused or attached to a different document
Other Indicate title or type of attached documeriL number of pages and date
-e Indicate the capacity claimed ed by the signer- If the claimcapacity is a
#j � corporate officer,indicate the title(i e-CEO,CFO.Secretary)- I
• Securely attach this document to the signed document !
2008 Version C:APA v12-1407 800-873-9865 wwu NotaryClasses,com
(805) '127-1641 -(805) 238-0888
PASO ROBLES TANK, INC. Fax(805) 238-9654
CeiftCWShftss,—C6 CALic.784971 825 26th Street-Paso Robles,CA 93446
P.O. Box 3229-Paso Robles,CA 93447
CERTIFICATION OF RESOLUTION AND AUTHORITY
1, Shawn Owens, do hereby certify that I arn the duly-elected and acting Secretary
of Paso Robles Tank, Inc., a California Corporation, and that as such officer, I am duly
authorized to make this certification on behalf of that corporation.
I further certify that by consent in lieu of a meeting dated June 28, 2006, as
authorized by California law, the Board of Directors of said corporation adopted the
following resolution in accordance with the By-laws of said corporation.
RESOLVED, that any Paso Robles Tank Inc., Business Development Manager or
Manager of Sales heretofore or hereafter employed in that capacity by Paso Robles Tank,
Inc. or any other person as may from time to time be designated by the President of Paso
Robles Tank is authorized to make bids, prepare quotations and submit and receive
proposals for contracts; to negotiate and sign contracts and other agreements,bid bonds,
performance bonds, and other rciate(i documents; and to execute other documents
required in connection therewith, on behalf of Paso Robles Tank, Inc.
I further certify that the foregoing resolution is in full force and effect that Larry
Wombles, Shawn Owens, Renee Cook and Walden A. Davis, are duly designated and
authorized Business Development Managers and have the authority to act on behalf of
Paso Robles Tank, Inc.
This certificate shall remain in full force and effect unless and until written notice
of revocation has been received the person relying on this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Paso
Robles Tank this 28t"day of June, 2006,
Shawn Owens, Secretary
Paso Robles Tank, Inc,
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities& Engineering Department
RESERVOIR RECOATING AND IMPROVEMENTS
PROJECT TEXAS STREET RESERVOIR, Project
No. 71225
Labor Code Section 3700,provides, in part that:
"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 worker's compensation or to undertake self-insurance in accordance with
the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this contract. (Labor Code section 1861)
Dated this day ofr ,2012.
r
Co actor)
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
the Owner prior to performing the work of the contract.)
CD 4
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- _,-JIUM IS FOP C �JRACTI T ?,a
AN,,S IV,sLIBJECT TO AWLS-1 MENT
SASE!)U4 FKAIL CONITPACT 9RCE
This bond was executed in two(2) Bond No. 7627562
identical counterparts. PERFORMANCE BOND Premium: $2,127.00
Whereas, the CiLy Councu of dne 00v of Redlands, State of CaIdZn-,�a, and Paso Robles Tank,
ncot?,orated (hereittafter deslg 'alt ed as "Pinincipa?") 1save entered a ai,t. an, agreeniernwhereh-jPS-nCi-
aL,rees to install and co-RIs d'ele cmain designated public innprovenents, which said ag dated
February 1st, 2012, arid i0entiffied and idenfified as RESERVOIR
RECOATING AND IMPROVEMENTS PROJECT TEXAS STREET RESERVOIR,
Project No.71225 is hereby relf" rd to,and nnade a pav hereof,- a-.,Id
Whereas, said Principal Is required unifier the terms of said agree-n-i.ent to furt-tish a borId I.Jor the
per forinance of said projeLt.
Now,,therefore,said Principall wi,-id Fidelity and Deposit Company of Maryland , as -surety, -are held
ilands. (hercinaflwr call "City...1. -in flne per1211 S=- C-If Two lhunehr d
nnflv bound upro the Ci y of R,,-,,
sevenky five thousand fluvie h-undred doilars and zern cents ($275,300.00) lawful money of the United
States, for the payment of whidl swrl well an"d truly to be matde, "ve 1ss sives. our heirs.s-accessors,
executors and administi-mor .jonitly and xeveraily, firnuly by thiese pre senits-
4
The conItiOn of this obligafio'n is such that if thin above bounded P-,H,-tclpal, is or'hers, Ineirsa executors.
s
c s,as-assi,ons. shall un. a], 'things tand an
to d abide byn .
, ad weland fimly-keep and
adn-,6n,�,ttrattorr
esso
. sue
pern-onn the Covenants.conditionn,and pr viswsis in uic,aid aureemeni, a-nd att�,,,attemion thereoftnt ade as
-ed at the time and in the- manner therein
�here'ri provided, or his or their pan. to be kept and pert, rp,
Alkng to flineir €-..fie in! -a and inc,,aning-, and .,hall.defend- indeinnify and
speciffie and in all respects, accOu a e,
save harailess the Citiv.its Cl--Qt,
- Wed Ofificials., officers, aggents and employees. as therein stipulated,then this
obfi-iganion shall become null and vl,-m-]L otherwise it shall be and-eiriain, in full force and effect.
As a pae,of the obligetion secured hereby and in addition 'lie Ifiace atnount spec ifiedtherefore-, there ,Ball
be included costs and-easonabl", expenacs and iaes, inwilludin'g, reasonable attoniev's fees incurred by i1le
City in success ally en'torcing- sucli obligation, all to lb e taxed as costs and "included in any Judgment
�cndened.
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hereby stipuNtes ,und aurees that nc� Change, exte-ni-on oftime, aheration or addition to d
t,
terwis of the aggreen ent or to the work to be perlon-ned thereunder or the specifications accornpamyina the
C
--m this hond, aind a dc)es hereby waine notice o&ariv such
wrne -sball 'n arty-wise affect its obhg -fions
cnanoe, extension Of time, alt(na-tiom or aeldlifion ti.,) t1v tcn-rrus of nhe a,, n--,ent or to the work or to the
SPC6 leallialls,
1,- D,-:
ha� en kJ'1,U`V e.-xCouted W MK� r
I" V'jitness whereof, thl'S lieu,lo;1011CIM I s b e rc,
nd stiretv above narned, on
(SEA11 S FA I
Paso— Tank, !no. Fidelity an t, pany of Maryland
ont-ractor)
B
Arturo AyaI
Attorney-I Fact ry
f en tl dress:77 7 South Fiqueroa Street, Suite 3,900
Los Ange'es, CA 90017
UP" Y),4f\ J-a-
BL45
(Sea� and Nrotariai C1 1-&,)hone( 213 )270-0600
. .........
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CD j
CALIFORNIA ALL ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of_Orange
On 211(12 before me, Susan Pugh Notary Public
'Date Hire Insert tiamrz Tit€e o`tf:e o,liG�r
personally appeared Arturo Ayala
Name'sof S:cne
who proved to me on the basis of satisfactory evidence to
be the person(X) whose name(x) is/me subscribed to the
within instrument and acknowledged to me that he/
executed the same in h€ / authorized capacityO,
and that by his/kwAbiztr signature(x) on the instrument the
person(&), or the entity upon behalf of which the person(x)
` SUSAN nuox acted, executed the instrument.
} iMW#233:229 r
3Notary Pub HC-r'el" ' I certify under PENALTY OF PERJURY under the laws of
rim,Expir moor 9 the State of California that the foregoing paragraph is true
7 . xp�r�sr,Pr2J 2015 and correct.
Witness my hand and official seal.
Signature Z, 1� :`` - _ 1 ------
Place Notary Seal Above Sia Wre Notary Public Su gh
OPTIONAL
Though the information belo is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal acrd reattachment of this foram to another document.
Description of Attached Document
Title or Type of Document: Performance Bond
Document Date: 211112 Number of Pages: One
Signer(s) Other Than Named Above:_ None ------ ----. --� -----
apacity(ies)Claimed by Signer(s)
Signer's Name: Arturo Ayala ---_.._..._- -----______ Signer's Name.
Individual `I Individual
Corporate Officer Title(s); Corporate Officer--Title(s):
Partner Limited General Partner— s II irrtited General
AUornev in Fact F71
Attornev in Fact /19
Trustee Trustee o c
_.._i
Guardian CC tori er.' ti:r TC r t thumbhere uardian car Conser`ator Tot?of thumb here
Other, ,- thee:
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Signer is Representing, Signer Is Representing:
0C ay.:u. e,.lu�.;Association 33-50 D_So.0 Avc R r:. �)nCr ,xs wo sn,�A`3 v13-24-31 v,w,ria's asfgeiarr.w a 4iem ac-oT seoader:Call ivIFE.ee 1 0-876,se7
CALIFORNIA ALL-PURPOSE
E CERTIFICATE OF ACKNOWLEDGMENT
if
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! State of California
I
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j County of Riverside
j
On February 1,2012 before me, early L.Johnson, Notary Public
ii
(Here insert name and title of the officer) ,
l; !l
i personally appeared Lawrence G. Wombles, President/CEO/Business Development Manager
Il
who proved to me on the basis of satisfactory evidence to be the persons}whose narnefs)(Bl4re subscribed to
the within instrument and acknowledged to me that gexecuted the same in is authorized j
caacity
p oand that by is ' signature{-s-}on the instrument the person), or the entity uponbehalf of ;l
which the person(s)acted,executed the instrument. I
i,
j I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1
'# is true and correct. ;
E
WI ESS my hand and official seal. `1�t ' ` E
( ' .c c COUNTY
--nature of riot (tion,-Public
P3
ADDITIONAL OPTIONAL INFORMATION
i
E
1 INSTRUCTIONS FOR COMPLETING THIS FORA i
i,
Any, acknowledgment completed in California must contain verbiage exactly as
I I DESCRIPTION OF THE ATTACHED DOCUIVtENT appears above in the notaty section or a separate acknowledgment form must be l
j properly completed and attached to that document. The oniv, exception is if a f;
l; Reservoir Recoating& Improv. Texas Street document is to be recorded outside of California. In such instances,any alternative €
is
Pule or descri non of attar _ acknowledgment verbiage as may be printed on such a document so long as the I
i p her]document) verbiage does not require the notary to do something that is illegal for a notary in
Performance Bond California (i.e. certifying the authorized capacity of the signer), please check the
idocument carefully for proper notarial wording and attach this form if requited 'f
(Title or description of attached document continued}
i
I l
Number ol`Ia> les 1 Document Date
2-1-2012 • State and County information must be the State and County where the docu hent
—
signer(s)personally appeared before the notary public for acknowledgment. I
• Date of notarization must be the date that the signer(s)personally appeared which
City of Redlands, CA
[� _ mast also be the same date the acknowledgment is completed. ,l
l
(!
(Additional information) • The notary public must print his or her name as it appears within his or her ,
commission followed by a comma and then your title(notary public)_ i
IS • Print the name(s) of document signer(s) who personally appear at the time of t
notarization. i
CAPACITY I F`t CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e.
l 7 Individual(s) #erchc#tx x--is/are)or circling the correct forms_Failure to correctly indicate this
information may lead to rejection of document recording. 1
Corporate Officer
CES The nonan scat impression must he clear and photographically reproducible 4
j Impression' must not cover text or Eines. If seal impression smudges,re-seal if a
(Title) sufficient area permits.otherwise complete a different acknowledgment form. [
Partner(s) Signature of the notary public must match the signature on file uith the office e of
t I — the county clerk-
i Attorney-in-Fact
6l Additional information is not required but could help to ensure this �?
Trustee(s) acknowledgment is not misused or attached to a different document. f
` Other Indicate title or t}pe of attached do umem nurnber of pages and date. ]
-- Indicate the capacity claimed by the signer.If the claimed capacity is i
corporate officer.indicate the title(i.e.CEO.CFO,Secretary).
I Securely attach this document to the signed document
2008 Version CAPA x12.10.07 806-873-9865 vvwvw tlotarvCiasses.com
ROO oth ..'_T
AhOD!S SUB CT TO,UjIJE-T.1,EfJ
This bond was executed in two(2) Bond No. 7627562
identical counterparts. LABOR AND MATERIAL BOND
Whereas. the City Courv,.,d oo- r1he City 4 Redhndn SUH.-- cf Cahficnnia, and Paso RtAdes Tank-
lnctwn""ra- dcsi, rl-i — rnered nno aw, agree-nient where-by Pribricund,
h
" ated (hereinal' r as -Principaro hme m
t
av,ree; to installand compleie c',erair, designated public inMwvvnwN, Ukh said agreernm chwd
February ist - 2f011 and iderVtificd, aC
s RESERVOIR REOATING AND
IMPROVEMENTS PROJECTTEXAS STREET RESERVOIR, Project No. 71225 is herehvv
rebred to ami made a part Moot! and
Whereas, under the tenns, ofsaid zqyreemeni, Principal is required belhowc nnate-ring upoi, the perfbn'-!'-sanec
of the work,to Bic a good and Wkion 1myrnent bond enth dw Cly of Red"aads to Secure the clainis to
vvhich refiffrence is inadee ii-. Title 15 (cornnwndng vvhh WHon 30-2 1 ofA"art 4 of Division 3 of the Civil
Codc,uf,he State of Califisn'tia,
Not%, therefore, said Principe] zun,'d 11-ic i"ande"'-signwd a� ccaponve surery- aire hieid firn-dybound urrno� dhe
Uw
of"Red'ands w-.d all coinvictors. ,sub covaractor- lahn-'r rs, nm"nerial nnein andother persons employcdl
perform ance of the a, reenrient and ndhaed to m he .,$f? res Ccule of Civill Procedure in
dric ston of Two hundred lfie thousar;dl Wee hundred ..o.1.11 ii' and ?'cro oents ($275300,00)s 'for
rame-ialls furvished or labxr Hlhwrco>n ofl-wy kit or Rw am,,:ztints caw under Unernploymeat ln53-wice
Aa "Ah respwo such v"nk or h4mr, that said stwely vvill pas' tibe saine in, an aniount not exe P—ni dhe
aniount hereurabove set F'vtlhand ,Is,,) in ease it is biviught uponi this bond, will! pay, in addition the
Rico anvount thereof, costs aud 1-castmable expenses aind tees, includin,,,, rvasonah-le attiarney's i'ees,
in,cun-ed by the City of Redlands in succes's Jhu I 1'y en"vorcing web obligathuh to ise awarded and fixed by fl-te
court, and to he taxed as coos and hi W, in flne judiument therein rendlere-&
It Q hereby expressly mipubwd and agn-ed that this bood sliall msure to the hencfh of any and all
-perso-,ns, cornpardes and corporations enthled to At daims Wer Tide 1-5 i'commiencrig with Sect%,
308-1) t'-f Pwi -4 of Wkkm 3 of the CAS CAW so as to givst a righa ofaction, to them or their assigns in
;i,nv s_=f lbrought upon this borxi,
Shmdd the condtion of This hond be, Q3, 4y "o,
y pco, ,rme& Ten this, -,oHigjTion shall beconne null and %oidl.
olushe it shaH be and nmnln in WH its and Met,
FS vwty hereby stipulnt,, a'gree-," that, rio change., exien&mt of ,in-w, aneration or addition to the
,er-rits cif said agmement vv le specincamis ;wc(nnpazqQgdic, ,,annic sinuall, in any manner afilct ms
c6hg,wions on this llbotut an in cMes henTy %N%v notme of any such dhange, estension of tkne, allaerafi,';�r'
,w ad1don.
wss whereof, this insinun-Ienz "'-ias hcon", duidy cxecitcd ir, dhc Principal and surety above namel oni
February ist 2012"',
(SIAL;
Eszo R 1 1 a 1 inc. Fiddel' ity a mos Company of Mar-viand
-ig- tUW1 -)�rtur—o —ala
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Attorney-In-Fact qX"XJ fowl W-_ 46; w\/11�Y))0\V--'5
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�DAd&es�771V=th Figue��oareet, Suite 3900 45 eesj' \-f)aY)iQyK- I t
Los Angeles, CA90917
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and Notarial AwknoWdpronn,Wo) QWPOW(213
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CALIFORNIA ALL-PURPOSE
E
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Riverside
On February 1,2012 before me, Carla L. Johnson, Notary Public
E;
3=
(Here insert name and title of the officer)
personally appeared Lawrence G. Wombles, President/CEO/Business Development Manager
31
l who proved to me on the basis of satisfactory evidence to be the person{-s}whose name is subscribed to
€ the within instrument and acknowledged to me that(Dge4hey executed the same in is authorized
r;
capacity( }e and that by is signature on the instrument the erson i
{ } p {-s-}, or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laves of the State of California that the foregoing paragraph
is true and correct. !1
I =r N
1
l � Atry �vl-�,��0N r
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IOeignature
SS my harid and official seal. e g
NO t € B zCa-CAI WOR IA €
1 ° f D E � 3
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(Notan Seal) ;€
if Nota _ ublic i
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33 A
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ADDITIONAL OPTIONAL INFORMATION
I J INSTRUCTIONS FOR COMPLETING THIS FORM
i
€i Any acknowledgment completed in California must contain verbiage exaetty as [
t DESCRII'TION OF THE ATT'ACI IED DOCUMENTappears above in the notary section or a separate acknowledgment form mast be t
3 properly completed and attached to that document The only exception is if a
Reservoir Recoating ge Improv. Texas Street document is to be recorded outside of California,In such instances,any alternative €
E — acknowledgment verbiage as may be printed on such a document so long as the ;s
f (Title or description of attached document)
E? verbiage does not require the notary to do something that is illegalfor a notary in €
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Labor and Material Bond California(i.e. ceroifvmg the authorized capacity,of the signer). Please cheek the
{`Title or description of attached document continued) document carefully for proper notarial warding and attach this form if required. '€
� State and County information must be the State and County where the document j Nutnher of Pages � Document Date 2-1-2012 C
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which i
City 4t Redlands, CA must also be the same date the acknowledgment is completed
i (Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comm and then your title(notary public).
i{
Print the name(s) of document signer(s) who personally appear at the time of i
notarization. 'I
CAPACITY CLAIMED BY THE SIGNI?R Indicate the correct singular or plural forms by crossing ofd`incorrect forms(i.e
he shel*e y--€s tam)or circling the correct forms Failure to correctly indicate this
' 1 Individual(s) �
information may lead to rejection of-document recording
E E Cogx)rateOffiicer the notary seal impression must be clear and photographically reproducible.
CEO Impression must not cover text or lines. If seal impression smudges,re-seal if a �
I (Title) sufficient area permits_otherwise complete a different acknowledgment form_
Partner(s)
Signature of the notary public must match the signature on file with the office of
the county clerk.
t Attorney-in-FactAdditional information is not required but could help to ensure this
i- Trustee{s) acknowledgment is not misused or attached to a different document,
J Other Indicate title or type of attached document,number of pages and date.
i Indicate the capacity claimed br the suer If the claimed capacity is a �
corporate officer_indicate the It (i.e_CEO,CFO,Secretary).
('
Secure ty attach this document to the signed document j
2008 Version CAPA x12.10-07 800-873-9865 www NotamClasses-com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On 2/1112 _ before me. Susan Pugh Notary Public
Date Hata Inert Name artd Ti',Ie t f tre Off cot
personally appeared Arturo mala__.____
who proved to me on the basis of satisfactory evidence to
be the person(x) whose name(k) is/me subscribed to the
within instrument and acknowledged to me that he/qtxAxN
executed the same in his/hzcAfxk authorized capacity(),
and that by his3mrAboir signature(x) on the instrument the
a person(&), or the entity upon behalf of which the person(x)
S �A PU l-i acted, executed the instrument.
CoryiM.#1934229 q
rotary Public- al onnin C�' I certify under PENALTY OF PERJURY under the laws of
" _ e the State of California that the foregoing paragraph is true
.-. ,1y Comm.Expires Apr and correct.
Witness my hand and official seal.
Signature
Place roar Seal Above Signature of Notary PubEi:$u4m P_ugh
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 docurment.
Description of Attached Document
Title or Type of Document: Labor and Material Bond
Document bate: 211112 _ `— Number of Pages: One
Signer(s) Other Than Named Above: None
apacity(i s)Claimed bySigner(s)
Signer's Name: Arturo Ayala ---- Signer's Name:
Individual —_ Individual
E! Corporate Officer—T'itle(s)=------ .�_-----_. .. ( Corporate Officer--Title(s):
iPartner ---F0 Limited General i Partner--El Limiter D General
t�
i Attorney in Fact Attornev in Fact t
E rvste _ Tr stye
7-1
Guardian or Conservator Top of thurnb here Guardian Conservator Top of thumb here
L Other Other; -- -- --
Signer is Representing: Sinner Is Represen ing: '
2007 Na:gnat N_.. �Asso latio 9350 n e S,s o Xze,P G.Box 2 , �,--G... .�' CA -3 i 3-2402 ."nn ,,,,t* a1N „ Item-...,_,_, Rearden CA T-AI-erne 1-803 rz 6-6827
Bond No. 7627562
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 FRANK E. MARTIN JR.,Vice President,and ERIC D.BARNES,Assistant
Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said�;q=- y'which are set forth on
th
the reverse side hereof and are hereby certified to be in full force and effect on e date - ereby nominate,
' _ 11 t �jz
constitute and appoint Daniel HUCKABAY,Dwight REILLY and Arttw `tat6df 0 California, EACH its
_ 4 te
true and lawful agent and Attorney-in-Fact,to make.execute, ,, AkN a Wi "It=surety,and as its actw
'-tW�,ecutib f sti ings in pursuance of these
and deed: any and all bonds and undertakings and
ml r nd purposes,as if they had been duly
presents,shall be as binding upon said Con
Voy 4s)'
executed and acknowledged bb#i ,quJg�Y6;_;) e y at its office in Baltimore,Md.,in their own
1 V "-'11 1
proper persons. Th" Ka�6oin,;�� 6ehalf of Daniel HUCKABAY, Dwight REILLY,Allison
L
RITTO,Arturo AYAP d J,
The said Assistant e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- S_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 December,
A.D.2011.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
0 DUO,;
By:
Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President
State of Maryland ss:
City of Baltimore I
On this 7th day of December, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., 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 of the same, and being
by me duly swom,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,
na,
ell
Maria D.Adamski _Notary Public
My Commission Expires: July 8,2015
POA-F 012-0079A
OP ID:IP
DATE(MMIDD!YYYY)
CERTIFICATE OF LIABILITY INSURANCE
01/30112
THIS CERTIFICATE IS IS-SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed, 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).
PRODUCER 909-593-7776 'A'M"T"' Lisa T. Perrault,CISR
United Agencies,Inc.(H) PHONE FAX
CA License#0262636 909-593-5477,,11 Coto.Ext:909-593-7776 AIC No:909-593-5477
2911 Bonita Ave,Ste.A E_IVIAIL
A ss:I errault unitedagencies.corn
La Verne.CA 91750 PRODUCER
Kevin W.HardyUSTOM RID :P S '1
INSURER S)AFFORDING COVERAGE I NAIC#
INSURED Paso Robles Tank,Inc. INSURER A:Old Republic General Ins Corp 124139
PO Box 3229
-INSURERS:National Union Fire Insurance 19"5
Paso Robles,CA 93447-3229
INSURER c:Evanston Ins Co/Markel '35378
INSURER D:
-------------
INSURER 9
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 4-0 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADDUSU-BRI, ,-POLICYEFF POLICY EX
LTR TYPE OF INSURANCE INSR'WVQ I POLICY NUMBER (MMIDWYYYY),(MMIDDIYYYY) LIMITS
GENERAL LIABILITY I EACH OCCURRENCE 1,000,000
CX COMMERCIAL GENERAL LIABILITY
111 PKG02603 11101111 11/01/12 PR 50,00_
CLAIMS-MADE t A I OCCUR j MED EXP(Any we person) 111 5,000
1$5,000 CGL DED PER OCC PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
[_GFN L AGGREGAI E LIMIT APPLIES PER: I PRODUCTS-COMPIOP AGG $ 31000,000
I_�POLICYEX ['jPRO- LOC I 1 $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
accident.) $ 1,000,000
A X ANY AUTO AICA96411101 11101111 11101112
BODILY INJURY(Per person) $
ALL OWNED AUTOS
BODILY INJURY(Per accident)r$
SCHEDULED AUTOS
PROPERTY DAMAGE
I X I HIRED AL)TOS, tPeracciaern) $
i X NOW01AINED AUTOS
UMBRELLA LIAR 1 X OCCUR
'LXEACH OCCURRENCE $ 10,000,000
1 X EXCESS LIAR CLAIMS-MADE AGGREGATE
B -- I BE042833951 101/12 $ 10 000,000
DEDUCTii3lC Over CGL, $
RETENTION NIL I Auto&WIC $
WORKERS COMPENSATIONt WC STATU 1 !OTH-
t '
AND EMPLOYERS'LIABILITY YIN X Y LIMITS ER
A Atey PROPRIETORiF'ART54Ez'EXECUTIVE Al CW9641110211/01/11 11101112 1 E L.EACH ACCIDENT $ 1,000,000
IED?
DFFICERIMCMBER EXCLUDNIA
(Mandatory in NH) ;L�E.L DISEASE
�f yes,desbe under
-FA EMPLRY0 00
.EEI$ 1,000
cri
DESCRIPTION OF OPERAT tONS below1,000,000
i E.L DISEASE-POUCY LIMIT $
C ;CONTRACTORS i 11PKG02603
11101111 f 11101112 PER OCC 2,000,000
POLLUTION LIAB I jOCCURRENCE FORM i iAGGREGATE 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Addittanat Remarks Schedule,if more space is required)
RE;RESERVOIR RECOATING AND IMPROVEMENTS PROJECT STREET RESERVOIR,PROJECT
#71225, CERTIFICATE HOLDER IS AMENDED PER ATTACHED AD(DENDUM7foAl AND NAMED AS
ADDITIONAL INSUEPER ATTACHED CG2010(07104)&CG2037 0
ENDORSEMENTS.*45
*45D DAYS NOTICE OF CANCELLATION EXCEPT 10 GAYS NOTICE OF
CANCELLATION FOR NONf!AYMENT OF PREMIUM.
CERTIFICATE HOLDER CANCELLATION
CtTYOFR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF REDLANDS ACCORDANCE WITH THE POLICY PROVISIONS.
35 CAJON STREET STE 15A
CIVIC CENTER PLAZA AUTHORIZED REPRESENTATIVE
REDLANDS,CA 92373
1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
14OIDERCODE CITYOFR PASOR-1 PAGE 2
NOTEPAC}: INSUREUSNAME Paso Robles Tank,Inc. OP ID:IP DATE 01130112
CITY
WAIVER OF SUBROGATION APOLIES PER AST`i'AOCHED WC99031�5D(01/07)t7PlSULrttNT.
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Policy Number: I IPKGO2603 CG 2010 07 04
Effective Date: I V0III I
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
LE
Name Of Additional insured Person(s)
Or Or aniaation s : Location(s)Of Covered Operations
ALL COVERED PROJECTS
ANY ENTITY FOR WHOM YOU ARE PERFORMING
ONGOING OPERATIONS,BUT ONLY IF REQUIRED BY
WRITTEN CONTRACT PRIOR TO AN"OCCURRENCE"
OR LOSS.
Information required to complete this Schedule,if not shown above.will be shown in the Declarations.
A. Section 1I—Who Is An Insured is amended to This insurance does not apply to"bodily injury"or
include as an additional insured the person(s)or "property damage"occurring after:
organizations)shown in the Schedule,but only with L All work,including materials,parts or equipment
respect to liability for'bodily injury", 'property furnished in connection with such work on the
damage"or"personal and advertising injury"caused, project(other than service,maintenance or
in whole or in part,by: repairs)to be performed by or on behalf of the
1. Your acts or omissions;or additional insured(s)at the location of the
2. The acts or omissions of those acting on your covered operations has been completed;or
behalf; 2. That portion of"your work"out of which the
in the performance of your ongoing operations for the injury or damage arises has been put to its
additional insured(s)at the location(s)designated intended use by any person or organization other
above. than another contractor or subcontractor engaged
in performing operations for a principal as a pan
B. With respect to the insurance afforded to these of the same project.
additional insureds,the following additional
exclusions apply:
CG 20 10 07 04 C ISO Properties,lnc.,2004 Pale I of 1 Cl
POLICY NUMBER: #11PKG02603 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAS? IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS -- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s : Location And Description Of Completed Operations
ALL CONSTRUCTION OPERATIONS EXCEPT
I
BLANKET AS REQUIRED BY WRITTEN CONTRACT WORK ON OR RELATED TO SINGLE-FAMILY
PRIOR TO AN"OCCURRENCE"OR LOSS DWELLINGS, CONDOMINIUMS,TOWNHOUSE, CO-
OPS, TOWN HOMES, RESIDENTIAL CARE
FACILITIES.
I
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a
Information required to cam lets this Schedule, if not shown above,will be shown in the Declarations.
Section Il — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for"bodily injury„or"property dam-
age" caused, in whole or in part, by „your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products-completed
operations hazard".
CG 20 37 07 04 Q ISO Properties, Inc„ 2004 Page 1 of 1 E#
OLD REPUBLIC GENERAL INSURANCE CORPORATION
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We Wit 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.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
WHEN REQUIRED BY WRITTEN CONTRACT.
The premium charge for this endorsement is $0.00
Named Insured I'ASCt Rt}BLES TANK INC
Policy Number AICW96411102 1
i
Policy Period 11/01/11 to 11/01112 Endorsement Effective Date: 11101111
Producer's[game:
€ United Agencies-La Verne
IProducer Number �"——~
i 909-593-7776 [
WC 99 03 15(01107)
OP 10:LP
DATE(MMrDDA`YYY)
EVIDENCE OF PROPERTY INSURANCE 01130/2012
F
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST.
AGENCY I PHONE
909-593-7776 COMPANY
C Na
United Agencies,Inc.(H) Continental Insurance Co.
CA License#0252636 P.O.Box 10238
2911 Bonita Ave.,Ste.A
Van Nuys,CA
La Verne,CA 91750
Kevin W. Hardy
FAXC,NaE
1 .909-593-5477 1 AA LESS:
_1A )�
CODE! 240048027 SUB CODE:
AGENCY PASt�R-.�
Ct/ TOMER ID 3t:
INSURED LOAN NUMBER POLICY NUMBER
PROJECT#71225 14025670826
EFFECTIVE DATE I EXPIRATION DATE
Paso Robles Tank,Inc. CONTINUED UNTIL
P0 Box 3229 11115111 11/15112 TERMINATED IF CHECKED
Paso Robles,CA 93447-3229 THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATIONIDESCRIPTION
Reservoir Recoating and Improvements
Project Texas Street Reservoir-,
Project No.71225,City of Redlands,
CA
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
EVIDENCE OF PROPERTY INSURANCE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
COVERAGE I PERILS t FORMS AMOUNT OF INSURANCE DEDUCTIBLE
Building Risk including Installation Floater $5,000,000! $2,500
(Special Form/Max Limit per Jobsite/Location)
Sub-Limits: Earthquake&Flood
-Earthquake Max Limit $110001000::
-Flood Max Limit $11000,000,
115%Ded of Limits1subject to$50,000 MinDed
Scheduled Contractors Equipment $4,050,852! $2,500
ii
REMARKS Uncludina Special Conditions)
eservoir Recoatinp and Improvements Project Texas SITLO Reservoir;
Project No.71225,City of Redlands,CA.
Additional Interest amended per attached addendum.
*45 days notice of cancellation applies except 10 days for non-payment
of premium.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS
MORTGAGEE ADDITIONAL INSURED
LOSS PAYLE
LOAN
CITY OF REDLANDS
35 CAJON STREET,#15A
AUTHORIZED REPRESENTATIVE
CIVIC CENTER PLAZA
REDLANDS,CA 92373
ACORD 27(2009/12) C 1993-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTES: INSURED'S NAME Paso Robles Tank,Inc. PAGE 2 ._
OP ID: LP DATE 1/3012012
itional nterest amen ed to read: Cit-!€7edtan see
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