Loading...
HomeMy WebLinkAboutContracts & Agreements_137-2004AGREEMENT THIS AGREEMENT, made and entered into this 7th day of September, 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 TDS Engineering, of the City of Westlake Village, County of Ventura, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The contractor will furnish all materials and will perform all of the work to perform construction of the Traffic Signal UPS System Installations project, complete, all as shown, specified, and made a part of Contract No. 209300-7150/41015. 2. For the Contract Sum of $348,000.00, in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed within ninety (90) work days from and after the date of the Notice to Proceed. 4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it, the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Perfoiiiiance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the contractor, its employees or agents in connection with the performance of the contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials, employees, and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of $375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contracts code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, theCity shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL ATTEST: Cityerk, City of R County of San Berna :in•, alifornia CONTRACTOR SEAL By: By: ,6-11 *kayo City of Redlands Co ty of San Bernardino, California TDS Engineering Name of Contractor Signature of Authorized Agent David R. Wuertz, President Signatory's Title Signature of Authorized Agent (if necessary) David R. Wuertz, Secretary Signatory's Title (if necessary) 667073 Contractor's License No. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura on Date personally appeared before me, Elisha A. Wuertz, Notary Public David R. Wuertz Name and Title of Officer (e.g., `Jane Doe, Notary Public') X, personally known to me — OR — LI prove EL9SHA W A. UERT s • �,) COMM. #1416669 R U C; NOTARY PUBLIC - CALIFORNOA U VENTURA COUNTY 1 My Commission Exp. May 1T, Name(s) of Signer(s) d to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN • S my hind and officia,.hseal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 9 7 r� tt Signer(s) Other Than Named Above: None Signature ol'Nolary Pubhc Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: David R. Wuertz Li Individual k Corporate Officer Title(s)President, Secretary, Treasurer Partner — C Limited EJ General ❑ Attorney -in -Fact LT: Trustee E Guardian or Conservator E Other: Signer Is Representing: TDS Engineering, A California Corporation Signer's Name: Individual Corporate Officer Title(s): Li Partner — ❑ Limited i General Li Attorney -in -Fact • Trustee ❑. Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here WORKERS' COMPENSATION INSURANCE CERTIFICATION TRAFFIC SIGNAL UPS SYSTEM INSTALLATIONS CONTRACT No. 209300-7150/41015 Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code Section 1861) Date TDS Engineering Name of Contractor By: • Signature of Authorized Agent David R. Wuertz, President Signatory's Title 667073 Contractor's License No. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 7 ../ 2-OL-A Date personally appeared before me, Elisha A. Wuertz, Notary Public David R. Wuertz Name and Title of Officer (e.g.. `Jane Doe. Notary Public") Name(s) of Signer(s) X l personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r2TELAUE1 RI COMM. #1416669 R U C; NOTARY PUBLIC - CALIFORMA U VENTURA COUNTY 1 My Commiouion Exp. May 1T, 2N7 # WITNESS my hand and official seal. 17\0/ (A.--& Signalurb ()Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C��r1�a �� P„\�,.�,�� Document Date: 17 Signer(s) Other Than Named Above: None Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: David R. Wuertz Individual X Corporate Officer Title(s)President, Secretary, Treasurer Partner — 0 Limited :J General ❑ Attorney -in -Fact Trustee Guardian or Conservator LI Other: Signer Is Representing: TDS Engineering, A California Corporation RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Individual ill Corporate Officer Title(s): Li Partner — ❑ Limited `i General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Sep 14 04 10:11a TDS ENGINEERING 8054940757 p.4 PREMIUM $4,698.00 EXECUTED IN TRIPLICATE PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as City), and TDS Engineering (hereinafter designated as Principal) have entered into an agreementwhereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated September 7, 2004, and identified as Contract No. 209300-7150/41015, is hereby referred to and made apart hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of*THREE HUNDRED FORTY-EIGHT THOUSAND AND 00 / 100* dollars ($ 348,000.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as therein provided, or his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials, officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on SEPTEMBER 14 , 2004. Bond No. 08591295 FIDELITY DEPOSIT) TDS ENGINEERING (SEAL) COMP ' OF 'Y ►�� __Arin'�tpal— — By: — Signature David R. Wuertz, President (Notarial Acknowledgments of Principal and Surety) y: (SEAL) Sign. e MICHAEL A. Q.I-GJ Address: ATTORNEY -IN -ACT 801 N. BRAND B GLENDALE,CA 91203 Telephone:(818 ) 409-2800 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 PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, wh' . . w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d i < < o nate, constitute and appoint Michael A. QUIGLEY, of Aliso Viejo, California, its true an ni'rl� tto Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and i-ta is an ��+ : d undertakings and the execution of such bonds or undertakings in purse ent : g upon said Company, as fully and amply, to all intents and purposes, a ' • �fiul a hedged b the regularly elected officers of the Company at its office n Blt�i��ne 4Ylid� p • ns. This power of attorney revokes that issued on behalf of Michael The said Assistant ci'etar Section 2, of the By - hat the extract set forth on the reverse side hereof is a true copy of Article VI, any, and is now in force. IN WITNESS W LROF, 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 26th day of June, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: T. E. Smith Assistant Secretary Paul C. Rogers LLAilL Vice President State of Maryland ss: City of Baltimore On this 26th day of June, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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 sworn, severally and each :for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 1, 2005 POA-F 012-0626 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of California County. of ORANGE ss. On September 14, 2004 , before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") • personally appeared MICHAEL A. QUIGLEY Name(s) of Signer(s) • personally known to me ❑ proved to me on the basis of satisfactory evidence MEG QUIGLEY COMM. # 1461771 Notary Public California 61 ORANGE COUNTY My Comm. Expires anuary 10, 2008 to be the person(x) whose name() is/KKK subscribed to the within instrument and acknowledged to me that he/KIN[ Kiy executed the same in h la:mite& authorized capacity(i x), and that by histardtpatcc signature(K) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. nd off' ial seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove v. uable to p and could prevent fraudulent removal and reattachment of hi form Description of Attached Document Title or Type ofDocument: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Li Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General L-1 Attorney in Fact L7 Trustee ❑ Guardian or Conservator h� Other: Signer Is Representing: RIGHT THUINBPRINT OF SIGNER, Top of thumb here F • r ;dl AI uw mz rr. cr. **r cr v , s wrmv my ~erca ersen"e7serc evsemar ysar ©1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www,natlonalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6527 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance. Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the -Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance companydeductible is l.% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been coininitted by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. . But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation). or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American. Insurance Company 2003 surety terrorism disclosure notice CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 7 "/ 1 _ before me, Elisha A. Wuertz, Notary Public Date personally appeared David R. Wuertz Name and Title of Officer (e.g.. 'Jane Doe, Notary Public') ) i personally known to me — OR — Cl proved R U 6".e4N''° . ELISHA A. WUERTZ COMN. #1416669 Rs NOTARY PUBLIC - CALWORMIA U VENTURA COUNTY 1 My Committ,eion Exp. May I7,1N7 J Name(s) of Signer(s) to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hared and official deaf. Signature ol'Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fr,en Document Date: Signer(s) Other Than Named Above: None Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: David R. Wuertz Individual XI Corporate Officer Title(s)President, Secretary, Treasurer Partner — u Limited J General ❑ Attorney -in -Fact L: Trustee Guardian or Conservator LI Other: Signer Is Representing: TDS Engineering, A California Corporation RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Individual -.:i Corporate Officer Title(s): Li Partner — ❑ Limited li General Attorney -in -Fact J Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: J"l✓;,:.r'l,.r./*_,i"1l../..�1 1.�r..i"lJJ�r`���„fJ�^1Jll./'l��/1"`Jl✓�l� =/fll RIGHT THUMBPRINT OF SIGNER Top of thumb here Sep 14 04 10:11a TDS ENGINEERING 8054940757 p.5 PAYMENT BOND Premium frig ttr::, included EXECUTED IN TRIPLICATE WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and TDS Engineering (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated September 7, 2004, and identified as Contract No. 209300-7150/41015, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, arc held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of *THREE HUNDRED FORTY-EIGHT THOUSAND AND 00/ 100* dollars ($ 348 , 000.00 ) 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 herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.: It is hereby expressly stipulated and agreed that this bond shall inure to the benefit 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 the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the lei ins of the agreement or to the work or to the specifications. IN WITNESS WEEEREOF, this instrument has been duly executed by the Principal and surety named, on SEPTEMBER 14 , 2004. Bond No, 08591295 FIDELIT TDS N.�EERING (SEAL) COMPANY -OF rincipal By: Signature David R. Wuertz, President (Notarial Acknowledgments of Principal and Surety) Suret II I D YLAND Signa re l�j -Address: A 801 N. BRAN GLENDALE,CA 91203 CT (SEAL) LVD Telephone: ( 818 ) 409-2800 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 PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, wh' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s " i 1� 'nate, constitute and appoint Michael A. QUIGLEY, of Aliso Viejo, California, its true an Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and it5 any �4 ttI nd undertakings and the execution of such bonds or undertakings in purs ���t g upon said Company, as fully and amply, to all intents and purposes, a ul^y ee 2-wledged by the regularly elected officers of the Company at its office in �n�el(111 p�ns. This power of attorney revokes that issued on behalf of Michael P The said Assistant Wc hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- y �tf�,Cd any, and is now in force. IN WITNESS W ER OF, 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 26th day of June, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland Iss: City of Baltimore J On this 26th day of June, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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 sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 1, 2005 POA-F 012-0626 ( CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ea. SN. V^c..8aca RS.:9e4,%U.M.c. ie494v.4". On . September 14, 2004, before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MICHAEL A. QUIGLEY Name(s) of Signers) El personally known to me ❑ proved to me on the basis of satisfactory evidence MEG QUIGLEY in COMM. •# i461771 Q ' ' i Notary Public California 0) ORANGE COUNTY • 7° My Comm, Expirtae an al 10, 2008 Place Notary Seal Above to be the person(x) whose name0s) is/ subscribed to the within instrument and acknowledged to me that he/SIxelitxy executed the same in hisitternlitt authorized capacity(ix.), and that by his/1 a[x signature(K) on the instrument the person(N), or the entity upon behalf of which the person() acted, executed the instrument. Though the information below is not required by law, it may prove valu le to pers and could prevent fraudulent removal and reattachment of this arm to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than. Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual O Corporate Officer •--- Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other:. Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of humb here C� 1999 National Notary Association • 9350 De Soto Ave., P.O. Sox 2402 • Chatsworth, CA 91313-2402 • www,natIonalnotaryorg Prod. No. 6907 Reorder: Call Toll -Free 1.800-876.6827 • ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share -in insurance company losses resulting from acts of terrorism (as defined in the -Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance companydeductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 9 - % 7- c3-1 before me, Elisha A. Wuertz, Notary Public Date personally appeared David R. Wuertz X ii personally known to me — OR Name and Tide of Officer (e.g.. "Jane Doe. Notary Public") Name(s) of Signer(s) — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. s ELISHA A. WUERTZ 3 R rt, COMM. #1416669 R U C; NOTARY PUBLIC - CALIFORNIA u VENTURA COUNTY 1 My Committsion Exp. May IT. 2N7 i WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PV.r)--0d..1S-- -• 1`P�' (../ \of Signaturtt a Notary Public Document Date: 1 t 01-4 Signer(s) Other Than Named Above: None Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: David R. Wuertz Li Individual k Corporate Officer Title(s)President, Secretary, Treasurer El Partner — LI Limited El General L] Attorney -in -Fact Li] Trustee Guardian or Conservator Other: Signer Is Representing: TDS Engineering, A California Corporation RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Individual Ci Corporate Officer Title(s): Li Partner — LI Limited 1i General El Attorney -in -Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here f STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-14-2004 CITY OF REDLANDS DEPARTMENT OF PUBLIC WORKS PO BOX 3005 REDLANDS CA 92373 GROUP: 000044 POLICY NUMBER: 10435-2004 CERTIFICATE ID: 158 CERTIFICATE EXPIRES: 10-01-2005 10-01-2004/10-01-2005 JOB: JOB NO. 209300-7150-41015 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. e . AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 — DAVID R WUERTZ „ P,S T, — EXCLUDED. ENDORSEMENT ##2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-1996 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF REDLANDS EMPLOYER T D S ENGINEERING (A CORP.) 2899 AGOURA RD STE 171 WESTLAKE VLG CA 91361 SCIF 10262E Accept thls certificate only If you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" [TBT,CN] PRINTED: 09-14.2004 PAGE 1 OF 1 ACORD CERTIFICATE OF LIABILITY INSURANCE r TM DATE (MM/DD/YYYY) 09/14/2004 PRODUCER (805)579-1900 Insurance West Corporation 2450 Tapo Street Simi Valley, CA 93063 ACJ FAX (805)579-1916 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED TDS Engineering, A California Corporation 2899 Agoura Road Ste. 171 Westlake Village, CA 91361 Fax#805-435-3745 INSURER A: Transportation Ins. Co. INSURER B: American Casualty Company INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 107982 5442 01/13/2004 01/13/2005 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurence) $ 100 000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 X $ 2 , 000 Ded for PD PERSONAL & ADV INJURY $ 1,000,000 Per Occurrence. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 P- PRO POLICY LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1079825456 01/13/2004 01/13/2005 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 1079825473 01/13/2004 01/13/2005 EACH OCCURRENCE $ 8,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 8,000,000 DEDUCTIBLE RETENTION $ 10,000 $ $ X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC RY S 1 A I U- 0I H- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Redlands, its elected officials, officers, agents and employees are named as additional additional insured per the terms of the blanket additional insured endorsement G-17957-G99 form attached. CERTIFICATE HOLDER CANCELLATION The City of Redlands P 0 Box 3005 Redlands, CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL xxx) MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ocgmayxwoxi CxxxxxVYCQxRxXtxxxxTxxXmsVxxXXX soarrpecomvxmovo9opi MitXXXkilIMAIXAMCAXXXXXXXXXX ApTHrRESENTATIq ACORD 25 (2001/08) ©ACORD CORPORATION 1988 aVA TDS Engineerincr 1079825442- G-17957-699 (Ed, 10/01) For All the Commitments You Mahe' IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS -COMPLETED OPERATIONS HAZARD." SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THiS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: The City of Redlands, its elected officials, officers, agents and employees. (Coverage under this endorsement is not affected by an entry or lack of entry hi the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to Include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury," B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of insurance are inclusive of, and not In addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional Insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injuryor property damage arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or b. 5 years from the completion of "your work" on the project which Is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional Insured does not apply to "bodily Injury," "property Pane 1 of 2 damage," or "personal and advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: following1. The Duties l of Occurrence, Offense, Claim orSuitCondition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a Toss we cover under this Coverage Part; Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: (3) G-17957-099 (Ed, 10/01) 4. Other Insurance b. Excess Insurance This insurance is excess over any other Insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance Is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement, When this insurance Is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional Insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 2 of 2 Company Profile arrant c InsCirance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 39306 0212 2479-4 January 01, 1982 UNLIMITED -NORMAL Property & Casualty MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Ye, Last Revised - August 17, 2004 07:34 AM Copyright © California Department of Insurance Disclaimer Recorded in Official Records, County of San Bernardino RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 CITY CLERK CITY OF REDLANDS 35 CAJON STREET P.O. BOX 3005 REDLANDS CA 92373 L 1 LARRY WALKER Auditor/Controller — Recorder R Regular Mail Doc#: 2004- 0918151 i i i iu i i 12/13/2004 4:20 PM sw Titles: 1 Pages: 3 Fees 0.00 Taxes 0.00 Other 0.00 PAID $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Notice pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work. 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 3. The full address of the owner is: 35 CAJON STREET, P 0 BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate of the owner is; In fee. 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on December 6, 2004. The work done was: Traffic Signal UPS System Installations, Contract No. 209300-7150/41015. 7. The name of the contractor for such work of improvement was: TDS Engineering 2899 Agoura Road, Suite 171, Westlake Village CA 91361-3200 September 7, 2004 (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Redlands, County of San Bernardino, State of California, and is described as follows: Various signalized intersections within city right-of-way, see Attachment A. 9. The street address of said property is: N/A Dated: December 8, 2004 Senior Civil Engineer, Public Works Department, City of Redlands VERIFICATION I, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and 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 December 8, 2004, at Redlands, California. Public Works Director, Public Woks Department, City of Redlands ATTACHMENT A CITY OF REDLANDS PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL LOCATIONS Traffic Signals Redlands Blvd. & California Street Redlands Blvd. & New Jersey Street Redlands Blvd. & Nevada Street Redlands Blvd. & Iowa Street Redlands Blvd. & Alabama Street Redlands Blvd. & Tennessee Street Redlands Blvd. & Texas Street / Center Street Redlands Blvd. & Eureka Street Redlands Blvd. & Third Street Redlands Blvd. & Orange Street Redlands Blvd. & Sixth Street Redlands Blvd. & Citrus Avenue Redlands Blvd. & Fern Avenue / Church Street Redlands Blvd. & Cypress Avenue Redlands Blvd. & Shopping Center Redlands Blvd. & Palm Avenue Redlands Blvd. & Highland Avenue Barton Road & Terracina Blvd. Barton Road & Alabama Street Barton Road & Bellevue Avenue Brookside Avenue & San Mateo Street Brookside Avenue & Center Street Brookside Avenue / Citrus Avenue & Eureka Street Citrus Avenue & Orange Street / Cajon Street Citrus Avenue & Church Street Citrus Avenue & Redlands High School Crosswalk Citrus Avenue & University Street Citrus Avenue & Judson Street / Ford Street Lugonia Avenue & California Street Lugonia Avenue & Alabama Street Lugonia Avenue & Citrus Plaza Drive Lugonia Avenue & Tennessee Street Lugonia Avenue & Home Depot Driveway Lugonia Avenue & Texas Street San Bernardino Avenue & Texas Street San Bernardino Avenue & Orange Street Colton Avenue & Industrial Park Avenue Colton Avenue & Tennessee Street Colton Avenue & Texas Street Colton Avenue & Church Street Colton Avenue & University of Redlands Crosswalk (west) Colton Avenue & University of Redlands Crosswalk (center) Colton Avenue & University of Redlands Crosswalk (east) Cajon Street & Fern Avenue Cajon Street & Olive Avenue Orange Street & State Street Orange Street & Stuart Avenue Orange Street & Pennsylvania Avenue Orange Street & Gravel Haul Road Eureka Street & Oriental Avenue New York Street & ESRI Crosswalk Alabama Street & Industrial Park Avenue Alabama Street & Orange Tree Lane / Coulston Avenue California Street & Orange Tree Lane Fee Waiver - The Legendary Ink Spots - Councilmember Harrison moved to approve the waiver of fees and charges for use of the Redlands Bowl by The Legendary Ink Spots on September 11, 2004, and to affirm this is a City - sponsored event which will be included under the City's insurance program. Motion seconded by Councilmember George and carried unanimously. Agreement - San Bernardino County Flood Control District - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously approved a letter of agreement with the San Bernardino County Flood Control District in conjunction with the Fire Department's submission of a pre -disaster mitigation grant application to the Department of Homeland Security/Federal Emergency Management Agency for a project entitled "Redlands U-WIN" (Redlands Urban Wildland Interface Network), and authorized the City Attorney to work with staff to prepare an agreement for execution by the Mayor and City Clerk. Contract Award - Traffic Signal UPS System - Bids were opened and publicly declared on September 26, 2004, by the City Clerk for the construction of the Traffic Signal UPS System UPS (Uninterrupted Power System) System Installations project; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was TDS Engineering in the amount of $348,000.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously approved this recommendation. Mutual Water Company Stock Leases - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously approved the lease of nine (9) shares of Crafton Water Company stock to John Mayles and five (5) shares of Crafton Water Company stock to Debbie Prutsman for the 2004-05 water delivery season. Water Resources Institute Perchlorate Documentary Program - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously approved funding in the amount of $1,000.00 of the City's participation in the Water Resources Institute Perchlorate Documentary Underwriter Program sponsored by the Water Resources Institute at California State University -San Bernardino. Agreement - Perchlorate Blending Systems - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously approved a license to install two (2) temporary perchlorate blending systems and demonstration blend agreement with Lockheed -Martin Corporation and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. September 7, 2004 Page 3