Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05313 - ALCORN FENCE CO CP 06-07 INDIAN CANYON FLOOD GATES
N,ll 'w��4�hre��ll�qlp.n� 1 -WI'[{6�, ,�.,^✓)�.r�;7(yin;�.il:�l;i(IP��i611�i, �.` ,y°�� x;,`f,. �,rci' , File Edit Generate Letters Transactions ,Reports 'Maintenance Quit i.,,,.-, ....- P 11 --......, . Gen.Letters Transactlolts; 1 I wY - xd Program -- -- i....- �-.orts..... �dahIt L...: 1a ce Hel F 6 rq�xy.,�ln � kYlklc,v"w ,. .. „ ,_•r,T .,-"'-- --. .. .- _.... __�.._....,...--.�, .. ..,.... Grn ENG � � ;,.. ', " "' 11p'� INEERING ___ � [Active' � .. . w+ A5313. � DQCl1e1t Descrlpton 11ndiart Canyon Food Gates CP 06-07 _ Financials ' ' ApprOWN Date; 07M 7f2006 u. , Expire.Date: 12J31 Y2P46 Oloserl�Date:=y.W -1-- - Owed: 00(1 Company. JAICOrn Fence _ _ _- —- X fW. ENGNEERING e • _— . —1 Paid: 0.00 l contact Insurance Departw I Plv O -w ;Cxt:F- W, , Address: 9901 Glenvaks Blvd_ 5000, pia+ Address2: Zip: 91352 Country. . . I F e Ma il: ---—,-- SeIWICe: NOC In nra Status: andPolicies are OK Document ' - ------------ Tracking Items (D61 click heading to Sort) N7TrRinfi Gotl- Item A,•. due By Com leted AmtAtltled AmtPali p;!' ;' under$25k GM may auth --to CM for sig f 1 1 J 0.00 0.00%distrib to dept in file f 1 I f 0.001 0.00"kdh NOC to recorder via Feli e l f 1 1 0.00 0.001,4'. kdh NOC 2006-0857716 1 f 11 0.00 0.00t ' way°1,a aaFa A i I �!M .i„sw It9�;ib ��,`^�:. , rw;w+;��,w;�.T�, neixt ,FiiadY4oVc �TrknoRes, ,.,- YlerwDo� .4elete'Doo • �� x'y`.� III��� Sc0n911t tort ,..v, r �� ��� ,�.�. } w~/+ ^� wJ :'� f �� ✓ _ � i .f WF'R�u#k��! of ��` � .��' , ��: at���� ,f Alcori i , en(.0 uui,il. ii iy CP 06-07,Indian Cyn Flood Gates AGREEMENT #5313 CM signed, 7-17-06 CITY OF PALM SPRINGS — — — -- — -- CONTRACT SERVICES AGREEMENT FOR Alcorn Fence Company (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 1 day of June, 2006, by and between the CITY OF PALM SPRINGS,a municipal corporation (herein "City") and Alcorn Fence Company (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit"A"and incorporated herein by reference. Contractor warrants that all vvork and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirteen Thousand Six Hundred Seventy Five Dollars($13,675.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of Compensation. 1 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Bob Jenkins is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Pete Agres is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. OG'.iCI6-,AL Ct: H:\USERS\PETEU)ATA\DOCUMENT\00 FORM-Contract Service AOmt Short Form-Alcom.wpd -1. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void_ 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its agents or employees, are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4A Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Workers Compensation Insurance. A policy of worker's compensation insurance in an amountwhich fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit S. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 4A shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractors activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require RMSERSTEMDATAWCUMENTWO FORM-Contract Service Agmt Short Form-Alcom.wpd the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents,employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractors negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attomeys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered againstthe City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action orproceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 4.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 4 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2006. IT:',USERSTETE\DATA\D0CUMFNT\00 FORM-Contract Service Agent Short Form-Aleom.wpd -3- 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Anainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of,any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 62 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any,between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. F7:0SM\PETE\DATAM0CIItvtEi M00 FORM-Contract Service Agnt Short Form-Alcom.wpd 4- 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A parry's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE i i i H.,\USERS\Pr-:TESDATA\DOCIIMENT\00 FORM-Contract Service Agnt Short Fonn-Alcorrmpd -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS ATTEST:' a municipal corpo City Clerk City f�Arag CONT TOR: APPROVED BY CITY MANAGER By� I J"4 P !r�t�lafna4d ram! Corporations require two notarized signatures:one from each of the following:A.Chairman of the Board,President,or any Vice By: President;and Secretary,Assistant Secretary,Treasurer, Assistant Secretary,or Chief Financial Ofgoer PrirtSN@JRR"INZON SECRETARY/PREASURER/CFID Mailing Address ALC0 rc e..i CE C 0 1 c.^.^7 :nn�.�Lr Rlytr .star "ml4ylt:(, �1:r a'%USrRS\P)r1lu7ATAT OCUN NT\00 FORM-Contract Service Agmt Short Form-Alcom.wpd -6. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CAi.T2'ORNTA County of LOS ANGELES On JUNE 20, 2006 before me, JACQUELINE GORDON Date Namo and Talk,of Officer(e.g. 'Jana Doc,Notary Puble) personally appeared GREG ERICKSON / Name(sI of signar(�) ©personally known to me-OR aeterg rwideRee to be the person(JI) whose name(" is/*tpsubscribed to the within instrument and acknowledged to me that he/41WAIP executed the same in his/IIBn/tIM authorized capacity(iog),and that by his/9&Vfi a signature(t.) on the instrument the person(&), w , C """1 11 1n „11, IIIII11,,11111111"11111111111°II"1"„=or the entity upon behalf of which the person(iN acted, )ACIIM111111,1111 - t1UEI-(PIE GDRDO(� =executed the instrument. OI`r9lm- 1441489 c "•�" NOTARY PUBLIC - CAI,IFORNIA � ;1111111111111111` "" LOS ANCFtES COUNTY (-.•WITNESS my hand and official seal. t " rr.1 My Comm.Fxplre6 Sent.23,2007 nmlynuugnlulupmu ullunllullun111uqun111umnuwwpnn1un111111n' signature of Nota u6IIC� JA QDELTNE GORDON-i� TARY 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: "CONTRACT AGREEMENT" Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: GREG ERICKSON Signer's Name: ❑ Individual ❑ Individual IN Corporate Officer ❑ Corporate Officer Title(s): PRESIDENT Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other' Tap Cf lhumh hero Signer Is Representing: Signer Is Representing: ALCORN FENCE COMPANY 9901 GLENOAKS BLVD. SUN VALLEY CA. 91352 0 1994 Natlendl Notary Aaeocl-Ilon-8226 Rammet Ave. P.0 Box 71 f1a•Canoga Perk,CA 91309-7164 Prod,No.5907 Reorder Cell Tell-Frco 1-600-870.0027 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LQS ANGELES On JUNE 20, 2006 before me, JACQUELINE GORDON Data Name and Tilo of Officer(e.g 'Jana Doe,Notary Public') personally appeared GLORIA Y. VENZON f Namals)of signer(:) ©personally known to me—OR—B-p�a an the basis of be the person(ID) whose name is/spn subscribed to the within instrument and acknowledged to me that Ae/she/Fawy executed the same in hWher3hak authorized capacity(i1k),and that by lWher/ signature(o on the instrument the person(M), L, IIn.IIIIIIIIIIIIIII,IIJACQUELINE Illllllllllllllnlllllllnnlllllll llm or the entity upon behalf of which the person(d) acted, lunnlllllpuplu II In GORDON executed the instrument. COMM # 1441489 m N yg NOTARY PUBLIC - CAL15ORNIA Ln WITNESS my hand and official seal. fLOS ANGELES COUNTY my Comm.Expires Sept.23,2007 IIIIIIIIIII,IIIIIIIIIPIIImIIIIIIIInIIIIn,nIIIIIIIIIy,uuwuuumllllllullluuullllllllllllpppwnul ^ L�GJL��1 Signature of Wish,Public OPTIONAL JACQUELINE GORDON—NOTARY PUBLIC Though the information below is not required bylaw,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: "CONTRACT AGREEMENT" Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: GLORIA Y. VENZON Signer's Name: ❑ Individual ❑ Individual ® Corporate Officer ❑ Corporate Officer Title(s): SEC'Y/TREAS/CFO Title(s): ❑ Partner—O Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ALCORN FENCE COMPANY 9901 GLENOAKS 13LVD_ SUN VALLEY CA. 91352 C 1994 National Notary Assoclehen.8236 Remmal Ave.,P 0 Bex 7184•Canc9i Park,CA 91302.7164 Prod,No,5907 I9oordor Cali Toll-Free 1,e00.876i627 EXHIBIT"A" SCOPE OF WORK Remove and dispose damaged flood gates; Install, complete and in place, one set of pipe swing gates(2-24.5 feet long)at a location approximately 400 feet south of Palm Springs Train Station access road; Mobilization, Traffic Control, PM-10 Requirements `, Call USA Alert, and all appurtenant work. NOTE: Contractor to use existing demountable and non-demountable pasts and foundations. Also, remove debris and sand from monument frame, cover and sleeve. See attached drawing. It shall be the Contractor's responsibility to protect all existing improvements. The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work, and the Contractor, at its expense, shall make any repairs that result from its operation, to the approval of the Engineer and the subject property owner. The work shall be done in accordance with the Standard Specifications for Public Works Construction "Greenbook", 2003 Edition. 5 working days to complete the work. See attached for insurance requirements, plans and specifications for swing gates. California Wage Rate Requirements:The Contractorshall pay the general prevailing rate of diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. The Contractor and any subcontractors shall pay not less than said specific rates and shall post a copy of said wage rates at the project site, Federal Wage Rates: If there is any difference between the State or Federal wage rates, the Contractor must pay the higher of the 2 rates. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City's Municipal Code. The Contractor will be issued a NO FEE construction permit by the City of Palm Springs for this repair work. " PM-10 Requirements will be as follows: 1. On-site water truck to control dust and track-out as needed per City Municipal Code 8.50.021 2. No Dust Control Plan is required 3. No AQMD sign is required 4. Soil or other potential dust generating materials transported onto or from the site using public streets, shall first be watered sufficiently to prevent generation of dust and then covered so as to prevent any spillage during transport. If deemed necessary, the Public Works and Engineering Division may specify additional measures. HAUSERSTrTL-1DATAIDOCUMCNMOO FORM-Contract Service Agmt Short Form-Alcorn.wpd -7- EXHIBIT"B" SCHEDULE OF COMPENSATION Remove and dispose damaged flood gates; Install, complete and in place, one set of pipe swing gates (2-24.5 feet long) at a location approximately 400 feet south of Palm Springs train station access road; Mobilization, Traffic Control, PM-10 Requirements ', Call USA Alert, and all appurtenant work. Contractor to use existing demountable and non-demountable posts and foundations. See attached drawing. Lump Sum $ 13,675.00 See attached for insurance requirements, plans and specifications for swing gates. H:\USERS\CamcR\Data1DOCUMENT\CONT SVCS ACMNTS\00 FORM-Contract Service Agmt Short Form-A.lcornmpd -8- r EXHIBIT "B" r r rates cont fined there? are not less than those�requir by the IYr Contract. The "S ement bf Compliance" kfall be for 1� furnished by the ity, or on ny form wi h ' dentical wo xng. The Contractor all be responsi le for the su fission of codes of payrolls om all subcontracto \` I by he 15th o the month, he ntractor has t submit' ed sat ' actory payroll for all--'work p formed during he thly p i d ending on or b fo.r/fthe 1st of hat month, the ty will retain an amount equal -0 10 percent o the estima - d value of the wo performed wring the month • .-om th next onthly estimate, except that suc retention shal no exceed $1 , 000, nor be lei! s t ji $1, 000. Retentions fo failure to s mit satisfactor ayrolls shall be in a it on to all o er retentions vided for in th Cont ct. e retention f r r failure •o su it payrolls for a monthly eriod will be `■ relea d for pa ent on the thly estimat for partial pa nts next fol Awing the ate at all the satisfactory p yrolls for which th retent ' n was ma e are submitted. 7-11 1NSURtANM AMOUNTS r The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best ' s Financial Rating of VII or better, and (3) with companies with a Best ' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable. The limits of liability for insurance, as required by Section 7- 3 and 7-d of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where required by laws and regulations: 1. Workers ' Compensation: a) State: Statutory Amount Or minimum $1, 000, 000 b) Employer' s Liability: $1, 000, 000 2. Comprehensive General Liability: ' a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate Property Damage: IiWL0 A RESPONSIBILITIES OF THE CONTRACTOR EC 0 t6 7-PAGE ri EXHIBIT 1113" 1 $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. N c) Persona]. injury, with employment exclusion r deleted: $ 1, 000, 000 Annual Aggregate 3. Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : $1, 000, 000 Each Person $1, 000, 000 Each Occurrence b) Property Damage $1, 000, 000 Each Occurrence Or a combined single limit of $1, 000, 000 7^7:2 .P, TS 7-12.1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City' s Municipal Code. Th Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289. 7-1 '-2 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement- of the Work, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. 1-13 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance, as required in Section 7-16 of these Special Provisions. The use of water W-Zr O 5- -PAGE Y/a k EXHIBIT surfaces appear "weathered" and earth-tone in color. The Contractor shall provide approved product specifications at the pre--construction meeting, and shall test the product prior to treating the pipe swing gate metal surfaces. The gates shall be manufactured as shown in the project drawings, and shall swing free of all adjacent obstructions encountered at the project locations from an open and closed position. The "Road Closed" signs installed on each swing gate shall be a type of metal sign constructed to fold closed by means of a hinged joint, such that the sign can not be read by traffic when folded. The signs shall include a latch suitable for fixing the sign in a folded closed position. All costs for construction and installation of pipe swing gates, including all materials (galvanized steel pipe, sheet metal, 'traffic signs, monument frame and cover, concrete foundations, galvanized chain, and various items as shown in the detail drawings) , finish treatment with Permeon or other approved product, required welding and all appurtenant work as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer, shall be included as part of the lump sum bid item for pipe swing gates . - END OF SECTION - J -PAGE Y3 1 L EXHIBIT a ar�o be level 1 d/2"-2" below top of cu b or adjacent dscape- 10-7.4 ,,ILLIN' ENANCE ,AND'P T ESTABLISHMENT PERIOD. r � 10-7:4.1 Main nanae Period. Th�'mainten ce pe od sha1 be 30 after co letion of 1" landsca i iristallation and irrigation impro\ ements as determined pan roved by the Engineer. T�ae C nLractor ,'sha�1 notify it Engineer en install tioxl is com lets and schedl�,le a prel_�imina y walk-through i Mainte ) e period sh 1�1 begin afte a/ll punch last items have been¢ompl ted and writtvten confirmation has been rece 'ved. 1 .4 .2 Replacement -\ Unacceptable Material- acceptable mat rial will\beall dead qqr dam�ed plants inoperable rrigation equi ment and roken/damageld rocks. if at any time during the maint nance p/eritd damage oc.�irs, the Contract r shall iml�ediately correc1c su/ph dat�sage. Once t�e unacceptable / aterial h been repaired /5r re la. ed, that ne materia3' wild' h ve a new 0�ay mainLena ce period ronz'thc date ' t was repaired o replaced_ ' It to he benefit of the Contra tor•' to repair o replace a y ur�acceptabl material Mmediately, s •ce the Contrac \-he all pay liquidated damages fo} each caleri�r day beyond30-day i1aintenance riod- Pru ing is to e done on t�rees'�and shrubs • n a ;remedi ' s or��y to c r�ct form deficienci� i // 10/=7.5 FINAL WAi:It THROUGH inal walk-tIhloug is to be sdch du ed t the nd of the 30%day mai tenance period. nalik-throu shall be\�done by t\ia( Engineer, and be,'follewed by unch list o items to ble compl6t d before the job'is deemed c o m l ted- i� / Final acceptance f the pr97e t sha],.l ocr onl aft the Cii Y has ermined that all items of work h e been com l ed and that al plan, materiai,,has been est blisheY. 10--8 SWING GATES 10-8.1 MATERIALS- The pipe swing gates shall be fabricated from commercial quality, or beLLe.., weldable 3Leel- All material3 shall ha protected by galvanizing. The materials shaii meet tha requirements of Section 80-4 "Chain Link Fence" of the State of California, Department of Transportation Standard ,Specifications, 1992 (=!diLiO,i. All metal surfaces shall be finish-treated wiLh Pe=eon, or other approved surfacing material, such that the galvanized metal n ' CITYWIDE FLOODA ATES -- OITY PROJECTAO. 99-18 CONSTRUQTiON E)� S 1/,1'?/00 SPECInC-AR(.1VISIONS SFGTIpN 1 P •.PTCr•]2- GARNET CL CL R/W —� AVENuE 5W 50, R/W 22,5' 2' rr ACCESS ROAD CURB FRCE `. ! TO THE TRAIN STATION z > I ' U W c Z � > a i a NOTE- i� DEMOUNTABLE POST AND FUNDATIO0 I. INSTALL ONE SET OF PIPE SWING GATES 42 X 24.5' LONG) WITH TWO DEMOUNTABLE ? y , PROPOSED GATE LOCATIONq POST FUNDATIONS AND ONE DEMOUNTABLE POST, AND THREE NON-DEMOUNTABLE NORTH END POSTS AND FOUNDATIONS. l 2, GATES SHALL SWING OPEN SOUTHERLY. `r` STREET SECTION - NORTH END LOCATION �y1r J m��9rF R/Wo R/W 4' 20.5' S' f °� \\ r / F TZ I �\\ \aMRD RAIL \\" .r�� I� DEMOl1N F POST AND FUNDATION em TO scxtE \� \fir /� \ / / _41 / PROPOSED ,G LOCATLC+N NOT�S: £ N j f SOUTH END STAL ❑ SET PIPE SW N GATE (2 24.5` LO 2 ITH ➢EM�S4�STABLE z f f P FUNDA S A NE DEMOU \LE POS ND THR NON- EM0 RBLE \\ a Z''w POSTS F011 f3(�TIONS.i TIxgH ]Fu _ ice 2, TES SNAL SWING bPE NOR L� AND C FQR EXIS GU RD, AIL. ¢r CAU ❑N� EXIS TIN `�i FIB TICS ❑ [7 OiJ )EAST SI{IE, A f f' z� STREET SECTION LOOIGNG NORTH — SOUTH END LOCATION tir INDIAN CANYON DRIVE- FLOOD GATE LOCATIONS NOT TO SCALE L (VARIES - SEE PLANS) L , Lf2 "gym WELD CALTRANS C-2 SIGN WITH rL 1 ~ G, ➢[AMOND GRA➢E REFLECT, SHEETING L d 1 7 R 0 O+ F I 4 LGl 7 _ DEMOUNTABLE u 6 17 POST AND 14 9 FOUNDATION L' CSEE DWG. No,S) EXISTING ASPHALT CONCRETE PAVEMENT -ry7 N DOUBLE PIPE SAYING GATE M cz �i • 1/4' WEEP HOLE FRONT VIEW -" 'v • I ® L FOUR DIAM TER NOTES: 1 Ql GALVANIZED IRON PIPE 1.66' O.D. CI 1/4' NOM.) FOR 24', 24.5' AND 26' LONG GATES. 1 6' I a• 03 GATE REST. ONE-HALF OF GALVANIZED IRON PIPE, 2.375' O.O. (2' NOMJ FOR 24' WELD 'i 24.5' AND 26' LONG GATES. GRIND TO FIT VERTICAL POST. FIELD WELD. I 5 I I v 3 a 9 11 WELD © HINGE BOLTS 5/8'. WELD THREADED END AFTER INSTALLATION. g7 STANDARD HINGE CLAMPS. WELD THREADED END OF BOLTS AFTER INSTALLATION. 3/8' GALVANIZED CHAIN. FIELD WELD ONE LINK TO VERTICAL POST. PROVIDE OPENING IN LINKS FOR PADLOCK AS SHOWN. CHAIN SHALL BE OF SUFFICIENT //yr/� WELD DETAIL B LENGTH TO ENCIRCLE HORIZONTAL PIPE. -D 9 ENDS OF PIPES TO BE JOINED SHALL BE GRII"D TO FIT NEATLY BEFORE WELDING. r�S 12 NOT TO SCALE 6' O !2 $ ID MATERIALS AND CONSTRUCTION METHODS SHALL CONFORM TO THE APPLICABLE L--j 10 3/4' :w AC PORTION OF SECTIONS 206-6, 210-3 AND 304-3 OF 'STANDARD SPECIFICATIOMS FOR PUBLIC WORKS CONSTRUCTION', LATEST EDITION. rR DETAIL =-- IN m A a H.4'FGATn+.i.-K--tv&kEB--EH-THE NOT TO SCALE B L : _ - wX OPEN GATE PQ IFF SHALL-BE—£$VERED-- • }-_ ® 1/4' U-BAR, 3' LONG.WELD TO EACH GATE FOR LOCK CHAIN. ,4 ® PADLOCKS WILL BE PROVIDED la.--: pti"""`5` -2925 BY THE CITY OF PALM SPRINGS, .., M1, ® 3/8' BOLT (4' LONG) WITH NUT FOR COVER REMOVAL Cl/2' HOLE) ,., �. �' .' � .' .• �": © I/8' METAL SHEET PANELS •� a • DOUBLE PIPE SWING GATE® FOR SECTION C-C SEE DRAWING R. FOUNDATION COVER DETAIL 2� FOR DEMOUNTABLE POSTS NOT TO SCALE ACIQ2�'" CERTIFICATE OF LIABILITY INSURANCE Datl(MMICRIIy) (3/19/2006 Produtof Dam RemDleskl THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Garrett/MoSler Insurance Services, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 12 Truman COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92620 INSIJRERS AFFORDING 949-559-6700 INSURER Travelers Property Casualty Co. of www.pparrett-mosier.com A America OB84519 INSURER SeaBright Insurance Company nNured INSURER Alcorn Pence Company (LA Office) Alcorn Fence Company dba: Alias Fence Company INSURER 9901 Glenoaks Boulevard Sun Valley CA 91352 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER M DAT VV MM%DE Y LIMIT$ GENERAL LIABILITY EACPI OCCURRENCE s A CDMMERCIALGENCRALLIAB DTECO2394AS22TIL06 2/28/2006 2/28/2007 FIREDAMAGS pn oneGrc) z CLAIMS MADE OCCUR [S000 ONAL&ADV INJURY S 1 OOO DOD GENERAL AGGREGATE, S 2 00D 000 GtN L AU-0 Ugly APPLIES P X PRODUCTS-COMP/OP AGG x 2 D00 OOD POLICY 7PROJECT LOC S AUTOMOBILE LIABILITY CONFINED SINGLE uMl r A ANY ALTO DT8102394A510TIL06 2/28/2006 2/28/2007 1,002,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Perron) 5 HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Prr ncclden[) PROPERTY DAMAGE (PeraccldenQ S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGGS EXCESS LIABILITY EACH OCCURRENCE S OCCUR 71 CLAIMS MADE AGGREGATE 5 S OF,DUCTIBLC j RETENTION 5 s WORKERS'COMPENSATION 41STATUTORY LIMIT 1HER EMPLOYERS'LIABILITY EL EACH ACCIDENT s 1.000000 B BB1060234 4/1/2006 4/1/2001 EL DISEASE-EA EMPLOYEE $ 1 DOD000 EL DISEASE-POLICY LIMIT 1 SCRIPTION OF OP4RA1 ONSILOCAJ Ivy VEFTCIESIIXCLUSIONS ADDED BY tNUUIR I IIKUVI IUNS RE: Palm Springs Station Rd. Flood Gates. City of Palm Springs is added as Additional Insured and this insurance is primary per COD2461002 attached,with respect to work performed for them by Alcorn Fence Company; Alcorn Fence Compan dba: Atlas Fence Company under General Liability coverage. As respects General Liability coverage, a Waiver of Subrogation is hereby included, per OGD3160704 attached. As respects Workers' Compensation coverage, a Waiver of Subrogation Is hereby included, per WC040306 (4-84) attached. CERTIFICATE HOLDER CANCELLATION Palm Springs StatiOn RD.Flood Gates SHOULD ANY 01!THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- PO Box 2743 SENTATIVES 10 Days for Non-Payment of Prcmium Palm Springs CA 92263 AUTIIORIZED RFPRESENTATIVt n Steve MOSIer ACORD 25-S (7197) 0ACORD CORPORATION 1986 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMED The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) created at www.e CertsONLINE.com I DTECO2394A522TIL06 COMMERCIAL GENERAL LIABILITY Alcorn Fence Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL. INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) This insurance does not apply to "bodily in- to include any person or organization you are re- jury" or "property damage" caused by "your quired to include as an additional insured on this work" included in the "products-completed policy by a written contract or written agreement operations hazard" unless you are required to in effect during this policy period and signed and provide such coverage For the additional in- executed by you prior to the loss for which cover- sured by a written contract or written agree- age is sought. The person or organization does ment in effect during this policy period and not qualify as an additional insured with respect to signed and executed by you prior to the loss the independent acts or omissions of such person for which coverage is sought and then only or organization. The person or organization is for the period of time required by such con- only an additional insured with respect to liability tract or agreement and in no event beyond caused by"your work"forthat additional insured. the expiration date of the policy. 2. The insurance provided to the additional insured 3. Subpart (1)(a) of the Pollution exclusion under is limited as follows! Paragraph 2., Exclusions of Bodily Injury and a) In the event that the limits of liability stated in Property Damage Liability Coverage (Section I — the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily by a written contract or written agreement in injury" or "property damage" arises cut of "your effect during this policy period and signed and work" performed on premises which are owned or executed by you prior to the loss for which rented by the additional insured at the time "your coverage is sought, the insurance provided work" is performed, by this endorsement shall be limited to the 4, Any coverage provided by this endorsement to an limits of liability required by such contract or additional insured shall be excess over any other agreement. This endorsement shall not in- valid and collectible insurance available to the crease the limits stated in Section III — LIMITS additional insured whether primary, excess, con- OF INSURANCE. urgent or on any other basis unless a written b) The insurance provided to the additional in- contract or written agreement in effect during this sured does not apply to "bodily injury", "prop- policy period and signed and executed by you erty damage", "personal injury"or"advertising prior to the loss fvr which coverage i5 sought injury" arising out of an architect's engineer's specifically requires that this insurance apply on a or surveyor's rendering of or failure to render primary or non-contributory basis. When this m- any professional services including: surance is primary and there is other insurance I. The preparing, approving or Fading [o available to the additional insured From any source, we will share with that other insurance by prepare or approve maps, shop drawings, the method described in the policy. opinions, reports, surveys, field orders, change orders, or drawings and specifi- 5- As a condition of coverage, each additional cations;and insured must- Il. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur- formed as pad of any related architectural rence" or offense which may result in a claim or engineering activities. and prompt written notice of"suit". CG D2 46 10 02 Copyright,The Travelers Indemnity Company, 2002 Page 1 of 2 COMMERCIAL GENERAL LIABILITY b.) Immediately forward all legal papers to us, requirement, the terrn "insures against' refers cooperate in the investigation or settlement of to any self-insurance and to any insurer which 4. the claim or defense against the "suit," and issued a policy of insurance that may provide otherwise comply with policy conditions. coverage for the loss, regardless of whether c.) Tender the defense and indemnity of any the additional insured has actually requested claim or"suit"to any other insurer which also that the insurer provide the additional insured insures against a loss we cover under this with a defense and/or indemnity under that endorsement.This includes, but is not limited policy of insurance. to, any insurer which has issued a policy of d.) Agree to make available any other insurance insurance In which the additional insured that the additional insured has for a loss we qualities as an insured. For purposes of this cover under this endorsement. m m`- v o a a r uE Page 2 of 2 Copyright,The Travelers Indemnity Company, 2002 CG Q2 46 10 02 DDBSBS DTECO2394A522TIL06 ,Alcorn Fence Company COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to 5. This Provision B. does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section 1- a. Rupture, bursting, or operation of pros Coverages)is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building against any person or organization because of or structure, caused by or resulting from payments we make for injury or damage arising water; out of: premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Paragraph 6. of LIMITS OF INSURANCE .'your products". We waive this right where you (Section III)is deleted and replaced by the have agreed to do so as part of a written Contract, following: executed by you before the "bodily injury" or Subject to 5. above, the Damage To Prem- "property damage" occurs or the "personal injury" ises Rented To You Limit is the most we will or"advertising injury"offense is committed. pay under COVERAGE A. for the sum of all damages because of "property damage" D. BLANKET ADDITIONAL INSURED- INANAG- to ERS LESSORS OF PREMISES anyone premises while rented to you, or temporarily occupied by you with permission WHO IS AN INSURED (Section II) is amended to of the owner, caused by:fire; explosion; light- include as an insured any person or organization ning; smoke resulting from such fire, explo- (referred to below as "additional insured") with sion, or lightning; or water. The Damage To whom you have agreed in a written contract, exe- Premises Rented To You Limit will apply to cuted before the "bodily injury" or "property dam- all "property damage" proximately caused by age" occurs or the "personal injury" or "advertis- the Same "occurrence", whether such ing injury" offense is committed, to name as an damage results from: fire; explosion; additional insured, but only with respect to liability lightning; smoke resulting from such fire, arising out of the ownership, maintenance or use explosion, or lightning; or water; or any of that part of any premises leased to you, combination of any of these causes. subject to the following provisions: The Damage To Premises Rented To You 1. Limits of Insurance.The limits of insurance Limit will be the higher of: afforded to the additional insured shall be the a. $300,000; or limits which you agreed to provide in the writ- ten contract, or the limits shown on the b. The amount shown on the Declarations Declarations,whichever are less. for Damage To Premises Rented To You Limit. 2. The insurance afforded to the additional in- 4. Paragraph a. of the definition of"insured con- sured does not apply to: tract" (DEFINITIONS - Section V) is deleted a. Any"bodily injury"or"property damage" and replaced by the following: that occurs, or"personal injury" or"adver- a. A contract for a lease of premises. How tising injury" caused by an offense which ever, that portion of the contract for a is committed, after you cease to be a ten- lease of premises that indemnifies any ant in that premises; person or organization for damage to b. Any premises for which coverage is ex premises while rented to you, or tempo- cluded by endorsement; or rarily occupied by you with permission of c. Structural alterations, new construction or the owner, caused by: fire; explosion; demolition operations performed by or on lightning; smoke resulting from such fire, behalf of such additional insured. explosion, or lightning; or water, is not an 3_ The insurance afforded to the additional in- "insured contract"; sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL. THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. 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 Policy NoB81060234 Endorsement No. Insured Alcorn Fence Company Policy Effective Date4/1/2006 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4-84) 01998 by the Worker:'Compensation Insurance Rating Bureau of California.All rights reserved. Best's Rating Center- Search Results Page 1 Page 1 of 1 I Best's F View Ratings I4rt13ncIaLSt[a0gth LTiVer Credit Securities AdyaOccd Seo ch Other web Centers. Scled One Search Results Page 1 of 1 3 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with travelers property To refine your search, please use our Advanced Search or view our Online Help for more information. Now Socrc jte,weiers property - -- - View results starting with: A B C N E F G H I J K L M N 0 P Q R S T U V W X Y Z Reset lum Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ n Outlook/ AM89 Company Name T Ragnp Implication LonoJerm ''" Implication Shcrt•Term v Domicile 04461 Travelers Property Cssual�Co Of Amer A+ stable 83- Stable us Connecticut (Property/casualty-Insurance Company) 58165 Travelers Proo?e�Casually—CorpCation a- Stable US Connecticut (Property/Casualty-Holding Company) 11027 7mvelB[PLogertv Casualty InsuranCe_Co A+ stable 3a• Stable US.Connecticut (Property/Casualty.Insurance Company) Note: Financial Strength Ratings as of 0 711 712006 1 1:57 AM ES.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please note that Life/Health-A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR ratings. * Denotes Under Review Best's Ratings Visit Best's Ratin Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.These ratmgs are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,including those to policyholders.View our entire notice for complete details Custpmer Service I ProO_Vqlj�LupPort I Member Center.I Cpnlact Info I Careers About A M.Best I Site Mao Privacy Policy Security Terms of Use I Legal&Licensing Copyright M 2006 A.M.Bea Company Inc All rights reserved. A.M.Best Woddwidc Hoadquanars,Ambest Road,Oldwich Now Jorsoy,08858,U.S.A. 1-iiip://www3.ambest.com/ratings/RatiugsSearch.asp 07/17/06 Best's Rating Center- Search Results Page 1 Page 1 of 1 RatfillWter I View Ratings IjjnanciaH$sLca9tb Issuer Cryjljt Securities AMvapced Search Olhor Web Center; one search Results page 1 of 1 2 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with seaBright To refine your search, please use our Advanced Search or view our Online Help for more information. New Srinrcn aeaonghl View results starting with: A B C D E F G H I J K L M N O P 0 R S T U V W X Y Z Rosat USL Company Information Financial Strongth Ratings Issuer Credit Ratings outlook! _ _ Outlook/ 4 � AMBH " Company Nams Rating Implicetlen Lang-Term Implication T Short-Term T oomlcllo 11755 $Caarlehl Insurance Compamy A. Stable a- Stable US Illinois (Property/Casualty-Insurance Company) 51252 SeaBright Insurance HolOings Inc bbb- Stable US Illinois (Property/Casualty-Holding Company) Note:Financial Strength Ratings as of 0 711 712006 1 1:57AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please note that Life/Wealth -A-M, Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR ratings. " Denotes Under Review Bests Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.Those ratings are neither a warranty of a company's financial strength nor Its ability to meet its financial obligations,Including those to policyholders.View our entire not-lee for complete details Customer LVIce I Prod�CL$uppgr.I Mgm4er Center I Contact Info I Careers About A M.Best I Site Man I PpvaCO Poiicy I Security.I Terms of Use I Legal&Lim,nslnq copyright®2006 A M.Best Company,Inc.All rsghus reserved. A M.Best Worldwide HesdQuirtcrs Ambest Road,Cldwlck Now Jersey,0885E U.S.A litip://vww3.ambest.com/ratings/RatingsSearch-asp 07/17/06 Best's Rating Center- Search Results Page 1 Page 1 of 1 w Ra" �� n.. q i�sa_ti ,r ;,. Ir ter Member eenellits ,i.,.J view Ralini Eiaancial Strength Issuer Cr(_pg SCFurities Sdyanced Search other wcb Comers select one Search Results page 1 of 1 4 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with travelers casualty To refine your search, please use our Advanced Search or view our Online Help for more information. Nowsoarch Ivaveler oosunity View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Ru:ct4a Company Information Financial Strength Ratings Issuer Credit Ratings 0' Outlook/ h Outlook/ 4 � AMBk `r Company Name " Rating Implication "' Long-Term Implication „ Short-Term Domicile 020ol Travelers Casualty and surety-Company. A+ Stable aa- Stable US Connecticut (Property/Casualty-Insurance Company) 03609 Trr�vBlQa Casually and Surety al Arri A+ Stable aa- Stable US Connecticut (Property/Casualty-Insurance Company) 11024 j[aMeleM Ca;_ualty COmOany of CT q+ Stable aa- Stable US.Connecticut (Property/Casualty-Insurance Company) Ou465 Travelers Casual Insgrar>ge_Co of Amer A+ Stable sa- Stable US:Connecticut (Property/casualty-Insurance Company) Note: Financial Strength Ratings as of 0 711 712006 1 1:57AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR ratings. x Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a Company's balance sheet strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations.Including those to policyholders.View our entire notice for complete details. Customer Sennae I Product Support I MemLeLCcenter I Qontact Info 1 Ga�eers About-A.M.seat I Site Mao I Prly-acy Policy I Seeuri .I Terms of Use I Legal&Licensing Copyright©2006 A M.Best Company,Inc.All rights reseiveO A M f tit Worldwide Headquarters,Ambcst Road Oldwlck,New Jersey,08858,U.S.A http://www3.allibest.conVratings/RatingsSearch.asp?AltSre=9 07/17/06 PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square 3PE, Hartford, CT 06183 Bond No. 104633774 PREMIUM: $101.00 KNOW ALL MEN BY THESE PRESENTS: That ALCORN FENCE COMPANY, as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America, of Hartford, Connecticut, a Corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto CITY OF PALM SPRINGS, as Obligee, hereafter called Owner, in the amount of THIRTEEHN THOUSAND SIX HUNDRED SEVENTY FIVE AND hl0I100 Dollars ($13,675.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated JUNE 1.2006,entered into a contract with Owner for Remove and dispose damaged flood gates:Install,complete and in place.one set of pipe swing gates(2-24.5 feet Iona)at a)aod6on approximately 400 feet south of Palm Springs Train Station access road: Mobilization. Traffic Control. PM-10 Reguirements`. Call USA Alert,and all appurtenant work in accordance with Drawings and Specifications prepared by NIA which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such a contract between such bidder and Owner, and make available as that, if Contractor shall promptly and fadhfully perform said Contract, Work progresses (even though there should be a default or a then this obligation shall be null and void; otherwise it shall remain in succession of defaults under the contract or contracts of completion full force and effect. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, The Surety hereby waives notice of any alteration or extension of time including other costs and damages for which the Surety may be liable made by the Owner. hereunder,the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean Whenever Contractor shall be, and declared by Owner to be in default the total amount payable by Owner to Contractor under the Contract under the Contract, the Owner having performed Owner's obligations and any amendments thereto, less the amount properly paid by Owner thereunder, the Surety may promptly remedy the default, or shall to Contractor. promptly Any suit under this bond must be instituted before the expiration of two 1) Complete the Contract in accordance with its terms and conditions, (2)years from the date on which final payment under the Contract falls due or 2) Obtain a bid or bids for completing the Contract in accordance with No right of action shall accrue on this bond to or for the use of any its terms and Conditions, and upon determination by Surety of the person or corporation other than the Owner named herein or the heirs, lowest responsible bidder, or, K the Owner elects, upon determination executors,administrators or successors of the Owner. by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and Sealed this 19TH day of JUNE,2006. ALCORWrmCNY witness Pnncipal /� Travelers Casualty and Surety Ccimpdril Y,'O America /7 1/iycttiC/ %'�• fjlOf�tz/ Witness JU 'ITH K-CUNNINGHAM U Nl�I GHAMY Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document confomns exactly to the language used in AIA Document A311,February 1970 edition. S-1870-E (10-00) State of California NOTARY ACKNOWLEDGMENT County of Orange On June 19, 2006 before me, Charise May Notary (Date) (Name/Title-Notary Public) personally appeared Judith K- Cunningham ® 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/thek authorized capacity(ies), and �I{I CHARISE MAY that by ls/ller/their signature(s) on the instrument COMM 01380494 the person(s), or the entity upon behalf of which "tlrotNlA c the s erson acted, executed the instrument. P UKA14GE LuuNIY N 1l ( ) My Comm.a p.act_18,2006 Witness my hand and official seal. C&�� (Signature of Notary) OPTIONAL INFORMATION CAPACITY CLAIMED BY SIGNER(S) ❑ IND(VIDUAL ❑ CORPORATE ❑ OFFICER(S) (Title) ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY-rN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ un-II?R: SIGNER IS REPRESENTING: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PAYMENT BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Public Work) Hartford, Connecticut 06163 Bond No.: 104633774 Premium is included in the Performance Bond KNOW ALL BY THESE PRESENTS, That we, ALCORN FENCE COMPANY, as Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto CITY OF PALM SPRINGS, as Obligee, in the sum of THIRTEEN THOUSAND SIX HUNDRED SEVENTY FIVE AND NO/100 U.S. Dollars ($13,675.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee, dated JUNE 1, 2006, for Remove and dispose damaged flood gates; Install, complete and in place, one set of pipe swing gates (2-24.5 feet long) at a location approximately 400 feet south of Palm Springs Train Station access road;*, Mobilization, Traffic Control, PM-10 Requirements*, Call USA Alert and all appurtenant work ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or incorporated in the performance of the construction work to be performed under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: 1_ A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the elate on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United Payment Bond- Page 1 of 2 States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 5. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraph 3 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 19TH day of JUNE, 2006. ALCORN FENCE COMPANY (Principal) By: A V�-- - 'G ]--10.'a0i1 Travelers Casualty and Surety Company of America y By: �,. JU ITH K. CUNNINGHAM, Att rney-in-Fact Payment Bond— Page 2 of 2 State of California NOTARY ACKNOWLEDGMENT County of Orange On June 19, 2006 _ before me, Charise May _,Notary (Dale) (Nameft itle-Notary Public) personally appeared Judith K. Cunningham ® 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 il'- - `" `�` same in his/her/tl authorized capacity(ies), and .+ CHARISE MAY w -._ COMM, 1380494 that by his/her/theiF signature(s) on the instrument '••w �� NUTARV r'06LIC•CALIFORNIA 7+ oaANce COUNTY X the person(&), or the entity upon behalf of which My comm.I*Oct, 18,2006 the person(&)acted, executed the instrument, r IL Witness my hand and official seal. (Si afore of Notary) OPTIONAL INFORMATION CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL ❑ CORPORATE , , _,__,.,_ ❑ OFr•1CF.R(S)_ (Title) ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEF(s) © GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA r r TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183.9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these Presents make, constitute and appoint: John M. Garrett, Steven C. Mosier, Judith K. Cunningham, Denise Bennett, Erika Nicholas, Sandi Ricard, and Charise May, of Irvine, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instimment(s): by his/her sole signature and act, any and all bonds,recobnizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as Cully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s} in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomays-in-Fact tmd Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED' That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to One or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, VOTED That any bond,reeogniLanoc,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasuier, any Assistant Treasurer, the Corporate Secretary or any Assistant Sccrettuy and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her cerfificae:or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers' President, any 8xecutive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power Of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of anomcy or certificate bearing such facsimile signature or facsimile seal shall be valid gird binding upon the Company and any such power so executed gird certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undenaking to which it is anached, (02-05)Unhnutcd IN WITNESS WIIEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 20th day of March,2006. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS Hanford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD WARtF� w HARTFORp, m Y 9 E 2 o gY LJ George W. Thompson Senior Vice President On this 20th day of March, 2006 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swum, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �.TlT *e+ P(lel\6 My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;and furthermore,that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut, Dated this 19TE day of JUNE 1200(, �r1.... JW1v ANp s9 2G�Sy,��j 1 c HA ONNR� n y„ry+rcrF' JD HARSFOga,•�' A Nicholas Seminara Senior Vice President k Page 1 of 2 Kathie Hart From: Troy Butzlaff Sent: July 17, 2006 10:30 AM To: Kathie Hart Subject: RE: A5313 -Alcorn Fence Yes. I will accept the insurance as stipulated, Troy �tAaMS i O Troy L. Butzlaff } Assistant City Manager •�ilryoHY• City of Palin Springs 3200 E.Tahquirz Canyon Way Tel: (760)322-8336 P.O. Box 2743 Fax: (760)323-8207 Palm Springs, CA 92263 2743 TDD: (760) 864-9527 www 0.,p lm-springs.ca.us lmyB'Uci.pahn-springs.ca_us From: Kathie Hart Sent: Monday, July 17, 2006 10:15 AM To: Troy Butzlaff Cc: Jay Thompson; Carrie Rovney Subject: A5313 - Alcorn Fence Troy: The above agreement is for the Indian Canyon Flood Gates, in the amount of S 13,675. They have sufficient insurance coverage; however, the rating of their WC w/ SeaBright Ins is rated at A-. We have had other contracts with this contractor and in the past you had determined it was acceptable. Will this be acceptable as well? Pls advise. Thx! kAvuel r Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 07/19/06