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HomeMy WebLinkAboutContracts & Agreements_9-2004_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 20th day of January, 2004, 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 Trautwein Construction, Inc. of the City of Riverside,County of Riverside, 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 Sunset Drive Water Main, complete all as required by the Contract Documents and Specifications for 2003 - 2004 CAPITAL IMPROVEMENT PROGRAM, SUNSET DRIVE WATER MAIN, Project No. 1-0437. 2. THE CONTRACT SUM: $169,240 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 Thirty (30) calendar days from and after the date of the Notice to Proceed, and not to be completed any later than March 5, 2004. 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$2500 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$2500 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. 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. 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. CD 2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By+Bmatrydino, M - Redlands, unty of California ATTEST: City erk, City f d ds County of San Bernardino, California (SEAL) Trautwein Construction Inc. Name of C;Itrfor 41 By: Signature of zed Agent Mark Trautwein Title or Signature of Authorized Agent(if necessary) President Title 773764A Contractors License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department 2003 -2004 CAPITAL IMPROVEMENT PROGRAM, SUNSET DRIVE WATER MAIN, Project No. 1-0437 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 23rd day of January 20 04 Trautwein Construction Inc. ontractor) Mark Trautwein President (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 BOND NUMBER 6227458 PREMIUM: $2,437.00 EXECUTED IN DUPLICATE PERFORMANCE BOND Whereas,the City Council oftbe City of Redlands, State of California,and TRAUTWEIN CONSTRUCTION, INC. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install water main pipeline,which said agreement dated_ JANUARY 20 20_ 04__., and identified as Construedon of 2003 - 2004 CAPITAL 1WROVEMEENT PROGRAM, SUNSET DRrW WATER MAIN, Projed No. 1.0437 is hereby referred to and made a pad hereof;and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said project, OF AMERICA Now,tberefore,said Principal and FIRST NATIONAL INSURANCE COMPANY-. as surety, are held firmly bound unto the City of Redlands(hereinafter call"City"), in the penal sum of ONE HUNDRED SIXTY-NINE THOUSAND TWO HUNDRED FORTY Dollars(LI-69,240-00 - - I 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. executor, 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 pan 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 surely 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 title 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, to witness Nvbereof,this inAmment has been duly executed by the Principal and surety above named, on JANUARY 22, 20 04 (SEAL) YV TRAUTWEIN CONSTRUCTION, INC. FIRST NATIONAy ,�IW 'S N% COMPANY ERICA (C traA ZN- '—`-\ BY: Z/7�A MICHAEL STONC,�049tore) ATTORN&-IN-FACT Address: 2677 N. MAIN STREET SUITE 600 SANTA ANA, CA 92705 (Sea), and Notarial Acknowledgment of Telephone( 714 ) 437-3052 Surety) CD 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ?� County of RIVERSIDE On �1T before me, R. STANDLEY *, pate Name and Title of Officer le.g..'Jane Doe.Notary Public') personally appeared MICHAEL D. STONG 1 Name(s)of Signer(s) TS [9 personally known to me L_:_ proved to me on the basis of satisfactory n evidence r� y to be the person whose name is/WL< subscribed to the within instrument and acknowledged to me that he/she/they executed R.9 e`er the same in his/he*44eTr authorized COf`'Y T ('53277 capacity(ie�), and that by his/iie�i�ei� R PU>-91.tc. s(gnature(,s-'on the instrument the personja�;o My Cornm,atv,Rs;OECOuPlN RNtq the entity upon behalf of which the person(,4 � 2004 acted, executed the instrument_ WITNESS my hand and official seal_ Place Notary Seal Above Signature of Notary Pub c � 1 OPTIONAL h' 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. 1� Description of Attached Document y Title or Type of Document: _ C' Document Date: Number of Pages: i 5 Signer(s) Other Than Named Above: 5 Capacity(ies) Claimed by Signer r Signer's Name: Individual Top of thurnti here . (ly Corporate Officer—Title(s): ;l Partner—C. Limited I-], General Attorney in Fact 5' - �, Trustee y ' Guardian or Conservator 5 Other: ,y i Signer Is Representing: '1999 National Notary Association 9150 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•wwv.nanonaln naryorg Prod.N.5907 Reorder.Call Tr,{I-Free 1-8,10-876-6827 BOND NUMBER 6227458 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN DUPLICATE LAJ30R AND MATERIAL BOND Whereas,the City Council of the City of Redlands., State of California,and TRAUTWEIN CONSTRUCTION, INC. _(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees,to install water main pipeline,which said agreement, dated—JANUARY 20 2024 and identified as 2003 -2004 CAPITAL INTROVEMENT PROGRAM,SUNSET DRIVE WATER MAIN, Project No. 1-0437 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 $UffiCient 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, thervf6re, 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"e of Civil Procedure in the sum of ONE HUNDRED SIXTY-NINE * Dollars($169,240.00)for materials furnished or labor thereon of any kind, or for amounts due under the UnetWP-1;yment 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. *THOUSAND TWO HUNDRED FORTY NO/100 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 tight 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 JANUARY 22 20 04 TRAU'1WEIN CONSTR;JCTION, INPL) FIRST NATIONAL INSURANCE COMPANY OFAWRICA Su B sipature) MICHAELD. S ON Rare) ATM EUN---FA-CT Address: 2677 N. MAIN STREET SUITE 600 SXNNTA ANA, CA (Seal and Notarial Acknowledgment of Surety Telephone Cl 14 ) 417-1012 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE ss. i4 Onbefore me, R. STANDLEY ; Gate Name and Title of Officer;e. , g., Jane Doe,Notary Pubic personally appeared MICHAEL D. STONG h Namefs}of Signer(s) [9 personally known to me [_i proved to me on the basis of satisfactory evidence r� to be the person whose name-isi 5 subscribed to the within instrument and acknowledged to me that he/she/they executed R. STANDLEY the same in hislheftt�tetr authorized T COMM.#1263272 mm - i or PUBLIC c o on capacity(iet), and that by hiss % so ctr signature(,s-`on the instrument the person.(,`or Comm, t �- G ,20014 . 7 the entity upon behalf of which the personal acted, executed the instrument WITNESS my hand and offici, l seal. ' s 6 /rIjA; Place Notary Seal Above Si-a tune of Notary P !fc T OPTIONAL 5 Though the information below is not required by taw,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: h Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: r 11 Individual op of tritimb Corporate Officer—Title(s): 1.1 Partner—[-j LimitedC_i General ! �' attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: _ — -__-- —...– J tda=.�r U3 ..,_,. �_�� fon.•93.n,Ge Soca,'wee FG. x;;,_> GitS;,wu Fh. ,v 2CG�•uw v 'fanalnua .. No. 907 -;_.,rte_..u, Fina.860-276-9827 " , n ���r��U��U�� �� Q���UnK��8U �� IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk nSupanC8CO0pony0rAme[iC8nECU000y |D5Ur8nc8Con8p8ny). itiSoUrdutvtODOtifvyOUthatthe7errOri3nORiSk Insurance Act of2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement ofcertain surety bond |OSS8G by the United States government under a formula established hvthis Act. Under this formula, the United States government pays 90%of losses caused by certified acts of terrorism that exceed astatutorily established doduotitdptObepaid bythe insurance company providing the bond. The Act also establishes $100 billion cap for the of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds maybe subject tothis cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed bythose bonds, any statutes governing the terms 0fthose bonds orany generally applicable rules of|8w. At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24, 2003 ^ POWER FIRST NATIONAL INSURANCE COMPANY OF AMERIC, OF ATTORNEY 4333 BROOKLYN AVE NE SEATTLE,WASHINGTON 98105 ► 4333 Brooklyn Avenuc N.E. Seattle, WA 98105 No. 6966 KNOWALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington coT)oration,does hereby appoint D.S'l O.G;kjtcrsi&, its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity anti surety bonds or undertakings and other docurnents of a character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if s.;, instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 7_ ---- -- day of F ebnuvy — --— _1996 R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for tha purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authorti tt execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On am instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond o undertaking of the company, the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall no be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this � day of 21,6� ��'SvwPaCit Cp�A SEAL 19 2 8 t. Q� * R.A.PIERSON,SECRETARY S-1049/FNEF 7198 01:05/2000 PDF A_ORV. CERTIFICATE OF LIABILITY INSURANCE OP ID E DATE{MMtDDWYY} PRODUCER TRAUT-1 O1 22/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Schrimmer-Cavanagh ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 120 E. La Habra Blvd. #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. La Habra CA 90631 Phone: 562-691-6786 Fax:562-694-2124 INSURERS AFFORDING COVERAGE NAIC# INSURED._ INSURER A_ La.....ark American Insurance INSURER @ ,e., Eag._ 7...r.n— Corp. Trautwein Construction INSURER State Fund 19792 El Rivino Rd NSURER Riverside CA 92509 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 CLAIMS INSIR DDILI 00LICY EFFECTIVE POLICY EXPIRATION .......... TR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDiYYj DA'I E(MMJDDJYYj LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE »$ 1000000 GENERAL LIABILITY DAMAGE TO RENTED LHAl24$61 12/01/03 12/01/04 PREMISES(Eacccurence} 100000 ... . ...... ...... CLAIMS MADE OCCUR MED EXP(Any one person) ! s5000 PERSONAL&ADV INJURY $ 1000000 -- --- -- GENERAL AGGREGATE $2000000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ ]Q Q Q Q Q Q POLICY x I PE 0 LOC _ _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B ANY AUTO CBP 9544932 12/01/03 12/01/04 '' IEaaccident> $ 1004000 X ALL OWNED AUTOS X SCHEDULED AUTOS : " BODILY INJURY $ (Per person; X HIRED AUTOS X NON-OWNED AUTOSBODILY INJURY $ -{Per accident; PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG-_ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4000000 A X OCCUR CLAIMS MADE LHA210470 12/01/03 12/01/04 AGGREGATE $ 4000000 DEDUCTIBLE ._. __.... __..... _.._ __... ..._ .._. RETENTION $ __ $ WORKERS COMPENSATION AND .J - EMPLOYERS'LIABILITY X TORY LIMITS ER _ C ANY PROPRIETORIPARTNERIEXECUTNE 1610213 03 12101/03 12/01/04 "-EL EACH"ACCIDENT " $ 1000000 ._.. OFFICER/MEMBER EXCLUDED? ..-_..... . f yes,describe under E L DISEASE-EA EMPLOYEE; $ 1000000 SPECIAL PROVISIONS bebu: OTHER LE .DISEASE POLICY LIMIT $ 1000000 I, i DESCRIPTION OF OPERATIONS!LOCATIONS J VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS PROJECT: 2003-2004 CAPITAL IMPROVEMENTS PROGRAM, SUNSET DRIVE WATER MAIN. NO. 1-0437. THE CITY OF REDLANDS, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS AND BOYLE ENGINEERING ARE ADDITIONAL INSURED. THE INSURANCE IS PRIMARY AND NON-CONTRIBUTING. SEE ATTACHED CG2010 11/85 ENDORSEMENT. WORKERS COMPENSATION WAIVER OF SUBROGATION IS APPLICABLE. CONTRACTOR SHALL CERTIFICATE HOLDER CANCELLATION CTYREDL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 3005 S DATE THEREOF,THE ISSUING INSURER WILL l MAIL 30 DAYS WRITTEN P.O. BOX 3005 CITY OF RNOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT SHALL 35 CAJON STREET, STE 15A IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REDLANDS CA 92.373 REPRESENTATIVES, AUTHORIZED REPRESENTATIVE .r ACORD 25(2001108) Joan S. Cavanagh 9 ACORD CORPORATION 1988 HOLD'E'R,CODE" CTRRAIL1NUFDEMaicuction OP ID EC [SATE 01/22/04 INDEMNIFY, HOLD HARMLESS & DEFEND CITY AND ITS ELECTED OFFICIALS, AGENTS AND EMPLOYEE AND THE CONSULTANT FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES OR LIABILITY, INCLUDING ATTORNEY'S FEES, ARISING FROM INJURY OR DEATH TO PERSONS OR DAMAGE TO PROPERTY OCCASIONED BY ANY ACT, OMISSION OR FAILURE TO ACT OF CONTRACTOR, ITS SUBCONTRACTORS, AND ANY OFFICERS, AGENTS AND EMPLOYEES IN PERFORMING THE WORK REQUIRED BY THIS AGREEMENT. CONTRACTOR'S OBLIGATIONS UNDER THESE PROVISIONS SHALL NOT BE LIMITED TO IN ANY WAY BY ANY TERMS OF THIS AGREEMENT, OR THE INSURANCE LIMITS. POLICY NUMBER: 161021303 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION COVERAGE PART SCHEDULE Name of Person or Organization: Blanket waiver as required by written contract. CITY OF REDLANDS, ITS OFFICERS, EMPLOYEES& VOLUNTEERS AND BOYLE ENGINEERING RE: 2003-2004 CAPITAL IMPROVEMENTS PROGRAM, SUNSET DRIVE WATER MAIN. NO. 1-0437. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) We waive the right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSURED AFTER THE POLICY IS WRITTEN Copyright Insurance Services office, Inc. 1992 CG2404(Ed. 10 93) INSU7RED NAME: TRAITIANTIN CONSTRUCTION POLICY NUMBER: LHA 124861 COMMERCIAL GENERAL LIABLITY THIS ENDORSEME,VTC1L4A,GES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF REDLANDS, ITS OFFICERS, EMPLOYEES,& VOLUNTEERS AND BOYLE ENGINEERING PROJECT: 2003-2004 CAPITAL IMPROVEMENTS PROGRAM,SUNSET DRIVE WATER MAIN. NO. 1-0437. (IF NO ENTITY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) WHO IS AN INSURED (SECTION 111) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF"YOUR WORK" FOIL THAT INSURED. Coverage provided by this Policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract. CG 20 10 1185 COPYRIGHT,INSURANCE—SERVICES OFFICE, INC., 1984 Recorded in Official Records, County of San Bernardino 3/29/2004 12:35 PM �^ LARRY WALKER AR RECORDING REQUESTED BY Auditor/Controller — Recorder AND WHEN RECORDED MAIL TO R Regular Mail (' Name Office of the City Clerk Dock 2004—0211226 Titles: 1 Pages: 1 City of Redlands Fees 0.00 Street Taxes 9.66 Address P.0.Box 3005 Other 0.00 City& Redlands,California 92373 PAI—D----$O.o0 State L J NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Redlands-Municipal Utilities Department 3. The full address of the owner is P.O. Box 3005 Redlands CA 92373 4. The nature of the interest or estate of the owner is; In fee. o er an ee,s i inee an to , or examp e, pur ser con 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenantsoras tenants in common are: NAMES ADDRESSES 6. A werk of improvement on the property hereinafter described was completed on March 19 2004 2003-2004 Ca ital I proverrient Pro ram Sunset Drive Watermain Pro'ect No. 1-0437 The work done was: 7. The name of the contractor, if any,for such work of improvement was:TrautWeln Construction Inc. a as Janua 20 2004 e on r & The property on which said work of improvement was completed is in the incorporated area of Redlands County of San Bernardino, State of California,and is described as follows: North side of W. Sunset Drive between Valle Vista Drive and Mari osa Drive 9. The Street address of said property is None Dated: March 21 2004 ((If no street address has n ffici ly assigned, ho„ en t .tar; or�„e::.,uo, . ..r lca oo, rod c nineer Signature of owner or corporate o icer of r names in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Chief of Water Resources the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 21 20 04 ,at Redlands ,California. (Date of signature) (City where signed.) u a a ric ie 01 V-1tul (PersorTai s lureofof thes e individual who is swearing that the eco contents ofof the notice of completion are true.)