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HomeMy WebLinkAboutContracts & Agreements_76-2012_CCv0001.pdf AGREEMENT THIS AGREEMENT,made and entered into this—2nd day of— May 20? 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 SuWt Construction Inc. of the City of Santa Ana, County of Orange, 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 for the following: Construction of the California Street Landfill–Phase 3 Expansion Project, complete all as required by the Contract Documents and Specifications for CALIFORNIA STREET LANDFILL – PHASE 3 EXPANSION PROJECT,Project No. 72321. 2. THE CONTRACT SUM: $ 2,368,109.00 in accordance with the terms and conditions set forth in the Contract Documents. A. 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 City pursuant to an Escrow Agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The work under this Contract to be completed within one hundred twenty(120) calendar 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 of$500 for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by the City and Contractor that $500 per day is the minimum and actual damage caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty,-and may be deducted from payments due the Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders,Proposals and Bid Form, Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto, 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the contract documents, the prevailing party in such action,in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys'fees. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount of$375,000.00 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 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 Public Contracts 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 any subcontractors agree to abide by California Public Contractor's 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 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. 10. SUCCESSORS AND ASSIGNS: 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. 11. SEVERABILITY: Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By: �V,��, , Mayor, City of Redlands,County of San Bernardino, California ATTEST: City Clerk, of edlands County of San Bernardino,California (SEAL) Sukut Construction, Inc. Name of Contraor Signature of Authorized Agent David Grattan, Division President Title Signature of Authorized Agent(if necessary) Title 554278 Contractor's License No. Bond No.24045594 Premium$16,556.00 EXECUTED IN DUPLICATE Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price PERFORMANCE BOND Whereas,the City Council of the City of Redlands, State of California, and Sukut Construction,Inc. (hereinafter designated as "Principal') have entered into an agreement whereby Principal agrees to demolish designated wastewater facilities, which said agreement, dated—A4—, 20 12—, and identified as Construction of CALIFORNIA STREET LANDFILL — PHASE 3 EXPANSION PROJECT, Project No. 72321 is hereby referred to and made a part hereof-, and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said project. Now,therefore, said Principal and Safeco insurance Company of America _, as surety, are held firmly bound unto the City of Redlands (hereinafter call"City"), in the penal Sum of Two million three hundred sixty eight thousand one hundred nine and no/1 00 Dollars ($ 2,368,109.00 _) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors, administrator, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on May 4, 2012 (SEAL) (SEAL) Sukut Construction,Inc, Safeco Insurance Company of America Co act /AS (Signature) Rhonda C.Abel (Signature) Attorney,in-Fact Address: 790 The CitV Drive South,Suite 200 Orange. CA 92868 -- (Seat and Notarial Acknowledgment of Telephone( 714 )_UA-5719 Surety) CD 5 m ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -------------- State of California County Of Orange MAY a 4 zolz On before nie, Jeri Apodaca, Notary Public Deft kwn t�nw Ifr► personally appeared Rhonda C. Abel Nwnksl of who proved to me on the basis of satisfactory evi lernce to be the person(8)whose name(it) isJW subscribed to the within instrument and acknowledged to me that - — tWshart*executed the sameW In ftherAK authorized JERI APODACA capacity(W), and that by W*rAf'dblt s e{b) on the Commission# 1904081 z � the person(t), or the entity upon behalf of z ,-.: Notary Public •Orange County tifornia which the person($)acted,wwcuted the instrtanent. My Comm. Expires Oct 12,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ rrn.►sotWy sw A6pR � a No�ry OPTIONAL Though the lrnbrmA0 i bsfaw Is not r yuimd by few,N racy prow wWWible to persons rotying on the doaaner# end coW MmON kwx dent na ^W end M&OW Wit of V*form b another document. Description of Athiched Dommmmt Tkie or Type of Doc ra* Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Clalmed by Wi r(s) Signees Name: Signer's Name: O kXtViclual 0Ir>dfvfduai ❑ Corporate Officer—T"Wsy ❑Corporate Offfoer—Title(s): O Partner—❑United O General 0 Partner—❑Urnded ❑General ® Attorney in Fact Top of sono h" O Attorney in Fact Top a&%0*i»n ❑ 'tirustee ❑Thx tee ❑ Gutman or Conservator D Guardian or Conservator O Other: ❑Other: Signer Is Representing: Suer Is Representing: aaoorlftdw INowyAm ado,-OW06Bob Am,R06waro¢•Cl,rwAx1KCA4rs+s$lox•ww..wmr6Aw)oq Um#5W7 RwpdrwToWme14ON6784W Bond No.24045594 EXECUTED IN DUPLICATE Premium is Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Sukut Construction, Inc. (hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to demolish designated wastewater facilities,which said agreement, dated_MAV —20and identified as CALIFORNIA STREET LANDFILL—PHASE 3 EXPANSION PROJECT, Project No. 72321 is hereby referred to and made a part hereof, and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the work,to file a good and suf6ient payment bond with the City of Redlands 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 Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, laborers;material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two million three hundred sixty eight thousand one hundred nine Dollars $ 2,368,109.00 )for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on May 4, 2012 (SEAL) (SEAL) Sukut Construction,Inc. Safeco Insurance Company of America Uon torr"(Surew-1 4 BY: (Signature) Rhonda C.Abel (Signature) Attorney-I -Fact Address: 790 The City Drive South,Suite 200 Orange, CA 92868 (Seal and Notarial Acknowledgment of Surety) Telephone(714 ) 634-5719 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On MAY 0 4 2012 before me Jeri Apodaca Notary Public .,, aur.e"M*waIW3 ft cow personally appeared Rhonda C. Abel who proved to me on the basis of ssfis6ctory evidence to be the person(s)whose name(s)Wttstfr subscribed to the within instrument and acknowledged to me that Wsite/t*executed the same in Vfther/W&authorized capacity*), and that by f`fiEfierlU'rbit si s(i)on the JERI APODACA instrument the person(#), or the entity upon behalf of Commission# 1904081 which the person(ss)acted,executed the instrument. -d Notary Public-California z z Orange County '- I certify under PENALTY OF PERJURY under the laws My Comm.Expires Oct 12,2014 of the State of CalHomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Pro.�y SW Ab" ` a 0r vuwc OPTIONAL Though the#*nnatlon below it not required by law;7t mey prod wstnabre to Pe OOM MOV on tha docarner# and COW"AW*UU&&d rantovW and reattedlrnarrt of this corm to ervgw dloaarrerrt. DescAption of Attached Document Title or Type of Document: Doaxnerrt Date: Number of Pager. Signets)Ohw Than Named Above: C"ac"ies)ChWmod by Signer(s) Signets Name: Signer's Name: ❑ kxfvkiuW ❑kxffvkkW ❑ Corporate Of kw—T l*s): ❑Corporate Officer—Tft(s): ❑ Partner—❑iJr*W ❑GerwaJ ❑Partner—❑Umited ❑General ® Attrney in Fact Top of h" ❑Attorney In Fad two ❑ Trustee ❑Trustee O Gusman or Consenretor ❑Guardan or Conservator ❑ Other: ❑Other: Signer Is Representing: Suer is PAKwesenting: o9oorNow rtr,yA..oerb •ow06 sow An,Paso 2102CA013134W-www eknktiorry V rrmMM woK*c+Tb&f...,.eoo.� �rIisowER©F arir rs HOT vAio udvb_ ss lits PF2dNTED ow>�EQ s�►CKt�©i,rf+ro, 526561$ This Power of Attorney flints qse act$ named herein,and they have no authorhy to bind the Company except in the inarft�r and#►the event herein stated. Certificate No. First National Insurance Company of America 1 General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS. That First National insurance Company of America,General Insurance Company of America,and Safeco Insurance Company of America are corporations duly organs tires the laws of the State of New Hampshire(herein collectively called the 'Companies),pursuant to and by authority herein set forth does hereby name,Constitute and appoint, RHONDA C,ABED,JERI APODACA,NANETTE MYERS,MICHAEL-D.PARIZINO,JAMES A.SCHALLER,RAGHEiLE RHEAULT,KIM LUU,.,.,::....,.... ail of the aty of NEWPORT§MH.ate of CALIFORNIA each individually ifthere be more than one named,its true and lawful aftDrnqy4n40dtDmake,execute,seal,acknowledge and deliver,for and on its behalf Be surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety '" ' in pursuance of these presents and shall be as binding upon the Compan as if they have been duly signed by the president and attested by the secretary of the Companiesan titer own proper persons. IN WITNESS WHEREOF,this Power ofAttomey has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 26th day of M&C* 2012 First National-insurance Company of America y 5 r0 � General Insurance Company of America r ' r Safeco,insurancetOmpany of America rn By: V Gregory W.Davenport,Assistant Secretary I STATE OF WASHINGTON ss > I ' COUNTY OF KING On this 26th day of March- 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to to the Assistant Secretary of First National M v Insurance Company of America,General insurance Company of Amend,and Safeco Insurance Company of America,and that he,as suet;ging autiaonzed so to do,execute the >%U) ' foregoing instrument for the therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C W IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and yearfirst above written. 0 o i 0 �4F By: Q O i KD Riley,Nota ublic t=C' i� E G ,.. �,r.... tti 11 ; This Power of Attorney is made anti execuled pursuant to and by authority of the following By-law and Authorizations of First National insurance Company of America, General 4 o L6 Insurance Company of America,and Safeco,insurance Company of America,which are now in full force and effect reading as foilowc � i m ARTICLE IV-OFFICERS-Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and , 0.0 subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, .� i E seal,acknowledge and deliver as surety any and act undertakings,bonds,recxlgnizances and other surety obligations, Such attomays-in-fac f su*d to the limitations set forth in their 4y 1 O respective powers of attorney,shelf have full power to bind the Corporation by their signature and executed,such instruments shall be as bites as if signed by the President and 4- �- attested to by the Secretary: Any power or authority granted t4 any representative or attomey-in-fact under the provisions of this article may be revoked-at any time by the Board,the tp 0 ? Chairman,the President or by the offer or granting such power or authority. NN 'S � Certificate of Designation-Time President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such �v) Zattorneys-in-fact as may be n to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and o other surety obligations. 0 Authorization-By unanimous;cent of ft Company's Board of Directors,the Company consents that facsimile or mechanically reprodwW signalure of any assistant secretary 1 of the Company, wherever-appearing upon,a certified copy of any:power of attorney issued by the Company in connection with surely bonds,shall be valid and biding upon: the Company with the same force and efffct as It lough manually affixed. 1,David M.Carey,the undersigned, ary,of First National Insurance Company of America,General Insurance Company of Amadcaj mid Safeco Insurance Company of America do hereby certify that the or al power of attomey of which the foregoing is a full above and foregoing is a true and correct copy oi'the Pow of Attorney executed by said Companies,which is in full force and aft andbras riot been revoked. MAY 0 42011 IN TESTIMONY WHEREOF,I have hereuntoset Band and affixed the seats of said Companies this day of 26 X11511-10117 11 fE CPA�� t �10 24`f 19 5 31Y David M.Carey�Assistantecre#aty POA-FNICA,LICA&SICA LMS_12874_012012-3 Company i UP lu:JR CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) 05/03112 THIS CERTIFICATE IS ISSUED 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). CONTACT PRODUCER 949-553-9800 NAME: The Wooditch Company Insurance PHONE FAX Services,Inc. 949-553-0670 AIC N0_E#J, 1 Park Plaza,Suite 400 E-MAIL Irvine,CA 92614 ADDRESS: PRODUCER William S.Wooditch CUSTOM ER ID#:SLIKUTC1 ! AFFORDING COVERAGE If INSURED Sukut Construction,Inc. -INSURER A:American Contractor Ins Co RRG 4010 W.Chandler Avenue INSURER BACIG Insurance Company 984 Company- -------- --------- Santa Ana,CA 92704 -INSURER C. _INSURER D'. _INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADULT91JEIR, 0OLICY7EFPOLICY EXP F LTR TYPE OF INSURANCE INSR f WVQ I POLICY NUMBER _ I M/DD[YYYY)1(MwDDfYyYYI1J LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 T A X COMMERCIAL GENERAL LIABILITY X !GL11000021 PRIMARY 06/01111 06/01/12 '-oA T PREMISES(Ea occurrence $ 100,000 CLAIMS-MADE OCCUR j MED EXP(Any one person) $ 5,000 GI_11X00021 06/01/11 06/01/12 PERSONAL&ADV INJURY I 1 2,000,000 F_ EXCESS FOLLOW FORM GENERAL AGGREGATE $ 4,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-CO�PIOPAGG 4,000,000 Cj i POLICY I X1 JPRO E LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ------ (Ea accident) 1$ 2,000,000 A X I ANY AUTO !;AL11000011 PRIMARY 06/01/11 1 06/01/12 BODILY INJURY(Per person) 1 ALL OWNED AUTOS BODILY INJURY(Per accident)1 $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) NON-OWNED AUTOS F UMBRELLA LIAB OCCUR EACH OCCURRENCE I EXCESS LAB CLAIMS-MAD !AGGREGATE I $ —--------------------------- a! DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION 1 WC STATU- I IOTH-; AND EMPLOYERS'LIABILITY L - ------TORY LIMITS ER B MYIN ANY PROPETORIPARTNER/EXECUTIVE WC1 1000052(ADR) 1 06/01/11 E L.EACH ACCIDENT 1 1 06/01/12 1 OFFICERIMEMBER EXCLUDED? ;N/A� X 4- ,000,000 (Mandatory in NH) 1WC11000051 (NON-ADR) 06/01/11 06101/12 I E.L.DISEASE-EA EMPLOYEE' S 1,000,000 If desc ice under UeS`CRIP­HON OF OPERATIONS below E.L DISEASE-POLICY LIMIT 1 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) *Except 10 Days Notice of Cancellation for Non-Payment of Premium. RE:Sukut Job#151084;California Street Landfill Phase 3 Expansion Project; Pr ject No.723,21.City of Redlands and the Consultant are named as Ad itional Insureds as respects General Liability per attached endorsement. �*SEE NOTES' alaipWr-wv CERTIFICATE HOLDER CANCELLATION REDLANC 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 St.,Suite 4 Redlands,CA 92373 AUTHORIZED REPRESENTATIVE 1988-2009 ACORD CORPORATION, All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD SUKUTC1 PAGE 2 NOTEPAD INSUREDS NAME Sukut Construction,Inc. QP ID:JR DATE 05/03/12 ___-_- ___..--_-- -..........._.--_-- Shoulif Polioy be cancelled before the expiration date fhe Woociitch Company will mail 30(thirty)days written notice to those dertificate Holders which require such action per contract or agreement.* i I I ' f � E I I r i � t I 1 NOTEPAD, HOLDER CODE REDLANC SUKUTCI � PAGE 3 INSURED'S NAME Sukut Construction,Inc. OP ID:JR DATE 05103/12 This Insurance shall apply as Primary and Non-Contributory per attached endorsement. Waiver of Subrogation for Workers'Compensation:See Attached Endorsement. i I i II f r I � i f f j I ' 1 i r ' ADDITIONAL INSURED-- OWNERS, LESSEES OR CO — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name ofPerson orOrganization: Where Required By Written Contract WHO IS AN INSURED(Section ||) is amended to include as an insured the person ororganization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. With respect to these additional insureds, this insurance does not apply to"bodily injury,""property damage"or personal and advertising injury"arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving or failure to prepare or approve maps,drawings, opinions, reports, surveys, change orders,designs nrspecifications; or (2) Supervisory, inspection o/engineering services. WHERE SPECIFICALLY REQUIRED BY CONTRACT, IT IS FURTHER UNDERSTOOD AND AGREED THAT THE INSURANCE PROVIDED 8YTHIS ENDORSEMENT |SPRIMARY. OTHER INSURANCE(}RSELF INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AS A NAMED INSURED SHALL APPLY AS EXCESS AND DOES NOT CONTRIBUTE WITH THE INSURANCE PROVIDED BYTHIS ENDORSEMENT. HOWEVER,THIS INSURANCE IS ALWAYS EXCESS TO COVERAGE AFFORDED TO THE ADDITIONAL INSURED BY OTHERS WHO HAVE NAMED THE ADDITIONAL INSURED ASANADDITIONAL INSURED. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions,provisions, agreements or limitations of the mentioned Policy, other than as above stated, This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/2011 Policy No,: GL11000021 Endorsement No-: Insured: SuxutConstruction,Inc. Premium$ Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By ` ~ ' WORKERS COMPENSATIONAND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OFOUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA VVehave the right hnrecover our payments fnoma eUob|eforan |njurycoveredbydhiepoicy.VVevi|| nutenfone 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 ofyour employees while engaged in the work described inthe Schedule. The additional premium for this endorsement shall be ° % of the California workers' compensation premium otherwise due onsuch remuneration. Schedule Person orOrganization Job Description ANY PERSON OR ORGANIZATION WHO THE NAMED INSURED IS REQUIRED BY WRITTEN CONTRACT TO WAIVE RIGHTS AGAINST. HOWEVER, THE WRITTEN CONTRACT MUST BE EXECUTED BEFORE ANY LOSS INVOLVING THE PERSON ORORGANIZATION OCCURS. *NO ADDITIONAL PREMIUM TOBEAPPLIED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 0601/2011 Policy No.VVC11O00052 Endorsement No. Policy Effective Date: 0801/2011to0601/2012 Pnamium$ Insured: SukotConstruction,Inc. Carrier NamexCodaAC|0Insurance Company Countersigned by vvuU403V6 (Ed.4-84) Page I of - ' WORKERS COMPENSATIONAND EMPLOYERS LIABILITY INSURANCE POLICY VVC04D3U6 (Ed�4-84) WAIVER DFOUR RIGHT TORECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA VVehave the right torecover our payments fnoman e liable for an injury covered bythis policy.VVewill not enforce our right against the person or organization named in the Schedule. (This agreement applies only 0mthe 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 inthe Schedule, The additional premium for this endorsement nhe|| be ^ % of the California workers' compensation premium otherwise due nnsuch remuneration. Schedule Person orOrganization Job Description ANY PERSON OR ORGANIZATION WHO THE NAMED INSURED /S REQUIRED BY WRITTEN CONTRACT TO WAIVE RIGHTS AGAINST. HOWEVER, THE WRITTEN CONTRACT MUST BE EXECUTED BEFORE ANY LOSS INVOLVING THE PERSON OR ORGANIZATION OCCURS. *NO ADDITIONAL PREMIUM TOBEAPPLIED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 0801/2011 Policy No,VVC11OOOO51 Endorsement No. Policy Effective Date: 0601/2011to0601/2012 Premium$ Insured: SukmConstruction,Inc. Carrier Name/Coua:AC|SInsurance Company Countersigned by VVCO4030O (Ed�4-a4) Page of WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract- City of Redlands Municipal Utilities Department CALIFORNIA STREET LANDFILL- PHASE 3 EXPANSION PROJECT, Project No. 72321 Labor Code section 3700 provides, in part: "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 11th day of May 2012 Sukut Construction, Inc. Contra --------(5-ig—nature)7 Paul Kuliev, CFO (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 9097486411 Treasury 04:57:42 p.m. OS-10-2012Phone# Phone BUSINESS TAX CERTIFICATE CITY OF REDLANDS This receipt does not purport to be evidence of qualifications,nor does it authorize or prohibit anything Finance Department-Revenue Division in connection with the conduct of a lawful business or occupation in a lawful manner, nor does It 35 CaJon Street,Suite 16B-P.0.Box 3005 regulate the activities in a field regulated by the State of California. Redlands,CA 92373-1505 Phone; (900)798-7667 Business Name: Sukut Construction Inc BUSINESS TAX NUMBER: 1005551 Business Location: Job Site Redlands,CA 92373 Business Type: 028 Description: Gen Const Ist Owner Name: Michael Crawford 2nd Owner Name: Jerry Pabbruwee Effective Date: May 08,2012 Expiration Date: December 31,2012 SUKUT CONSTRUCTION INC THIS BOX IS FOR THE BUSINESS TYPE MESSAGE 4010 W CHANDLER AVE Restricted to license holder only SANTA ANA,CA 92704-5202 THIS MUST BE DISPLAYED IN PLACE OF BUSINESS NOT TRANSFERABLE Post-ir Fax Note 7671 Date pa a 5-ha 11-z- TO From