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05231 - J C CONSTRUCTION CIVIC DRIVE WALL REHAB CP 05-17
CITY OF PALM[ SPRINGS CALIFORNIA P 0 Box 2743, Palm Springs, California 92263, (760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION FOR: r PUBLIC ANT)/OR ❑ PRIVATE IMPROVEMENTS TO ,I,C.Construction ACCEPTANCE DATE: May 1,2006 67325 Mission Court PROJECT CF905-17,Civic Drive Wall Cathedral City, CA 92234 Rehabilitation AGREEMENT NO. 5231 MINUTE ORDER NO 7809 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE LMPROVEMENTS Curbing L.F Curbme L F Street Paving S.F Sueet Paving S.F. Sidewalks S.F Sidewalks S.F. Driveway Approaches S.F. Driveway Approaches S.F. Bike Paths EA. Bike Paths S F. Sewer Mains L F. Sewer Mains L F Sewer Laterals L F. Sewer Laterals L F Sewed Manholes EA Sewer Manholes EA. Storm Drains L F Storm Drains L.F. Survey Monuments EA Survey Monuments EA Lighting/Landscaping L S. Two Foot Block Will Extension 855 L.S. Location:South side of Civic Drive between Civic Drive North and Civic Drive South C.P.S.Drawing No(s). 1,-4-4.102 Permit No. 13784 Contractor(s)actually doing the wort: J. C.Construction Notify your banding companyfbank to release the following bonds No. in the amount of F Performance o511a lm No. 273323 in the amount of S 34,200 Payment Delta/ota No. in the amount of S Monuments No. in the amount of $ Maintenance Security No. in the amcunt of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co/Bank American Contractors Indemnitv Company Comments: FINAL CONTRACT P AMOUNT,S 34,200 I Submitted by ILbl� Dated `- Street Maintenance Manager �i0 wJ Approved by: �:/✓`--�` _--_ Dated. Director of Public Works/City Engineer \� Distribution:Original to Engineering Project File,Copics to Addressee,City Clerk,Engineering NOA Binder,Srreer Maintenance Manager,Budding,and Faciluies Index No- 0603 J C Construction Civic Drive Wall Rehab CP 05-17 A5231 MO 7809 02-15-06 CITY OF PALM SPRINGS -- — ----- CONTRACT SERVICES AGREEMENT FOR Neighborhood Wall Rehabilitation, City Project#05-17 JC Construction THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this ,Y day of Yi 1 aoob , by and between the CITY OF PALM SPRINGS, a municipal c rporation (herein "City") and J.C. Construction. (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 work 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. Contractorshall 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 Thirty Four Thousand Two Hundred Dollars and no cents ($34,200)("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. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Tony Rios, Field Operations Manager, 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. Peto Agres, Street Maintenance Manager, 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. H:\USERS\CarrieR\Data\DOCUMENT\CONT SVCS AGMNTS\0517-JC Construction-Neighborhood Wall Rehab.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 maybe assigned ortransferred,voluntarily or by operation of law,without the priorwritten 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 4.1 Insurance. The Contractorshall 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) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which 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"A". 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 4.1 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 Contractor's activities orthe activities of any person or persons for which the Contractor is otherwise responsible. H:\USERS\CarrieR\Data\DOCUMENnCONT SVCS AGMNTS\0517-JC Construction-Neighborhood Wall Rehab.wpd -2- 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 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 orproperty, losses, costs, penalties,obligations,errors, omissions or liabilities,(herein"claims or liabilities")that may be asserted orclaimed 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 Contractor's 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 attorneys'fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered against the 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 or proceeding 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. H:\USERS\CarrieR\Data\DOCUMENT\CONT SVCS AGMNTS\0517-JC Construction-Neighborhood Wall Rebab.wpd -3- 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. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time,with orwithout 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 Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under orthrough 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. 6.2 Non-liability of Citv 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. A:\USERS\CarrieR\Data\DOCUMFN'nCONT SVCS AGMNTS\0517-IC Construction-Neighborhood Wall Rehab.wpd -4- 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. 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 party'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 H:\USERS\CarrieR\Data\DOCUMENT�CONT SVCS AGMNTSN0517-JC Construction-Neighborhood Wall Rehab.wpd -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS A'rTE$T: a municipal corporation ,✓ G' City Clerk , ,a' City Mtlirnag"er APPROVED BY CITY COUNCIL � City Attorney Corporations require two notarized signatures:One signature must be iron Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,-Xsistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR: Name: JC Construction Check one:_individual_Partnership_Corporation Address: 67325 Mission Court Cathedral City, CA 92234 By: /C— By: Signature(notarizzeed') Signature(notarized) Name: ��2CS Name: Title: O(,y (?4'— Title: (This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of the following:Chairman of the Board,President or any Vice the following: Secretary,Chief Financial Officer or any President) Assistant Treasurer) Slate of r r11.�_I State of Countyy of I�iJCYSidE ias County of Iss On e brvai' tot c`Ioow On before me, .rrlt:. RounW , mu tt.I"� J ie before me, personally appeared L6U5 E. RIOS personally appeared persanally_knewn-te-me(or proved to me on the basis of satisfactory personally known to me(or proved to me on the basis of satisfactory evidence)to be die person(s)whose name(a)rs/are subscribed to the evidence)to be the person(s)wbose names)is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed within instrument and acknowledged to me thathe/she/theyexecuted the the same in his/herkheir authorized capacity(ies), and that by same in histher/their authorized capacity(ies),and that by his/her/their hus/Irerkheir signature(s)on the instrument the person(s),or the entity signature(s)on the instrument the person(s),orthe entity upon behalf of upon behalf of which the person(oacted,executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Tvr4414 Notary Signature: Notary eal: e -a- Notary Seal: CARRIE ROVNEY � Notary CommissionS 1348457;-rd Notary Public-California Riverside county My yComm.Expires Mar 26,2006 H:\USERS\CarrieR\Data\DOCUMENI'\CONT SVCS AGMNTS\0517-JC Construction-Neighborhood Wall Rehab.wpd -6- EXHIBIT"A" SCOPE OF WORK Work to include the following: Mobilization, Traffic Control, PM-10 Requirements, Call USA Alert, remove and dispose of any damaged blocks and resulting materials, provide and install 8in x 8in x 16in concrete block, natural color, paint both sides of concrete block with one coat of Sherwin Williams Weather-Clad Exterior Latex"Beige"coloror match existing color of existing block wall and all appurtenance work per Detail-Section A-A, Sheet 2A of plan titled"Street Improvement Plan for Civic Drive between Alejo Road and Livmore Avenue% dated 08/14/69 as revised per Revision 1 dated 10/11/05 and conformance to California Building Code 2001 Edition, Standard Specifications for Public Works Construction 2003 Edition and all laws, ordinances and regulations of the City of Palm Springs. 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 Street Maintenance Manager and the subject property owner. The work shall be done in accordance with the Standard Specifications for Public Works Construction"Greenbook", 2003 Edition. Insofar as references may be made to California Building Code, such work shall comply with 2001 Edition of the California Building Code (Title 24) which adopts the 2000 UBC, 2000 UMC, 2000UPC and the 2002 NEC to the referenced portions of the technical provisions only. Provided that wherever the tern"Standard Specifications"is used without the prefix "California Building Code", it shall mean the Standard Specifications for Public Works Construction "Greenbook", 2003 Edition, as specified above. Contractor shall be given seven (7) working days to complete the work from the date specified in the Notice to Proceed. Please note that no work shall be performed on holidays observed by the City of Palm Springs. The holiday observed that may affect this project work schedule will be Monday, February 20, 2006, and no work shall be performed on this day. Section 4.1(d) -Additional Insurance - No additional insurance is required. Section 4.3 - Performance Bond - Performance Bond is hereby waived. Pursuant to Section 2.4 of the Standard Specifications, Payment bond is required. H:\USERS\CarrieR\Data\DOCUMEN'nCONT SVCS AGMNTS\0517-JC Construction-Neighborhood Wall Rehab.wpd -7- EXHIBIT "B" SCHEDULE OF COMPENSATION Quantity Unit Description of Work Estimate Unit Price Amount Mobilization, Traffic Control, PM-10 Requirements,Call USA 855 L.F. $40 $ 34,200 Alert, remove and dispose of any damaged blocks and resulting materials, provide and install Bin x Bin x 16in concrete block, natural color, paint both sides of concrete block with one coat of Sherwin Williams Weather-Clad Exterior Latex"Beige"color or match existing color of existing block wall and all appurtenance work per Detail-Section A-A, Sheet 2A of plan titled "Street Improvement Plan for Civic Drive between Alejo Road and Livmore Avenue", dated 08/14/69 as revised per Revision 1 dated 10/11/05 and conformance to California Building Code 2001 Edition, Standard Specifications for Public Works Construction 2003 Edition and all laws,ordinances and regulations of the City of Palm Springs. H:\USERS\CarrieR\Data\DOCUMEN'ACONT SVCS AGMNTS\0517-JC Construction-Neighborhood Wall Rehab.wpd -8- MAR-01-2006 WED 01 :44 PM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 02/03 BONA# 273328 PAYMENT BOND K1VOW ALL MEN BY THESE PRESENTS,that Luis E. Rios DBA: ,1C Construction as contractor, and American Contractors Indemnity Companyds Surety, are held firmly bound unto the City of Palm Springs,a Charter City,organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: Thirty tour thousand two hundred and 00/100th: for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,and assigns,jointly and severally,firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: CIVIC.DRIVE WAIL!••REHA1 WITATION CITY PROJECT NO. 05-17 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment or other supplies used in,upon,for or about the performance of the Work contracted to be done,or for any work or labor thereon of any kind,or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted,withheld,'and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof,and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials,provisions,provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed,or any person,company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done,or any person who performs work or labor upon the same,or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth and also will pay, in case suit is brought upon this bond,a reasonable attorney's fee,as shall be fixed by the Court.This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURUS ON NEXT PAGE Page I of 2-Payment pond-CPY05-17 MAR-01-2006 WED 01 :44 PM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 03/03 BOND# 273328 / CONTRACTOR: Luis E. Rios DBAc dC Construction / U� c — BY Fly: Signature(notarized) Signature(notarized) Name: E grb S Name: Title: 0 W yt.ey-' Title: (Two notarized signatures are required by Corporations: (Two notarized signatures are requ' od by Corporationsa This Payment Bond must be signed in the above space by one of This Payment Bond must be signed i e above space by one of the following: Chairman of the Board, President or any Vice the 1b11owing:Secretary,ChiefFin cial Officer oranyAssistant President) Treasurer) Statcof 2.16&rv'ttL I State of I Countypo�f R i\CY o i de- Iss County of Iss On N�1Q.1"C.)') Q�i 200(a Lefore me, on _ b--fore me, CQI i ICI CtlYlu� t 1 )rr lirpersonallyappeared ____personallyappearcd personally-known-to-me (or proved to me on the basis of personally known/to me (or proved to me on the basis of satisfactory evidence)to he the person(,O whose names)Ware- satisfactory evidfiice)to be the person(s)whose name(s)is/arc Subscribed lolhewithin instrument and acknowledged tomethat subsenbedtotl66withininstrumentandacknowledgedto Inc thal he/sheitlicy executed the same in his/her/their authorized he/she/they ecutcd the slpue in his/her/their authorized capacity(ies), and that by his/ber/fheir signature(s) on the capacily(ie and that by his/her/their signature(s) on the instrument the person(s);or the entity upon behalf of which the instrumen the person(s),or the entity upon behalf of which the person(E)acted,executed the instrmment person(s acted,executed the instrument. 19I1NESS my hand and official seal. WI ;SS my hand and official seal. An � Notary Signature: `-""'" ""`� I� tary Signature: Notary Seal: Notary Seal: 4MyComm.ExpnssIyar26 CARRIEROVNEY Commission#1348467 Notary public-California Riverside County ,2006 8mety. America pCo ntractors Tridelinity Co;Rpar,s, Katrina De Masi Title, Attorney in Fart On before me, Notary Seal: personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/am ****SEE ATTACHED NOTARY ACKNOWLEDGEMENT**** subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hioer/their authorized eapacity(ics), 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 hand and official seal. Notary Signature: Page 2 of 2-Payment Bond-CP#05-17 American Contractors Indemnity Company 9h 9841 Airport Blvd.,9"'Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW A,LL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Sheryl Smith,Kim Parry or Katrina De Masi of Sacramento,California its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizarices and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ **********3,000,000,00********** . This Power of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6"' day of December, 1990. "RESOLVED that the Chief Executive Officer}President or any Vice President,Executive Vice President,Secretary or Assistant Secretory,shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize then?to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,connects of tnden?nity and other writings obligatory in the nature thereofand, 2 To remove, at any time,any such Attorney-in-Fact and revoke the authority given RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certfcate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and banding upon the Company in thef attire with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15"day of December,2003. CTORS AMERICAN C NTRACTORS INDEMNITY COMPANY .3 INCORPORATED SEPT.26,1990 -mac By: g Robert F.T comas,Chief Executive Officer STATE OF CALIFORNIA •G(ffdRMa• § COUNTY OF LOS ANGELES § On this 15" day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my(nand and official seal. DEBORAH REESE Commbsbrs CR 1406149 Signature of Notary Lw Angeles County My Commission expires March 18,2007 rM'Comm.Ezpres Marla,2007 I,Jeannie J.Kim,Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 3rd day of March 20% . n 6 i Co I . In Bond No. 273328 Joann J.Kim, Co porate Secretary Agency No. #9010 Rev POAl2/15103 fie Uj, 0 r; "`\ill I�') ji CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SACRAMENTO Ow, • On March 3rd 2006 before me, KIM D_ PARRY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER- E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared, KATRINA DE HASI 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), orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 'IM D. I'Ar KIRY COMM.It 1507937 (v) 9NOTAPYPUBLIC-CALIFORNIAW SACRAMENTO COUNTY COMM.EXP.AUG.17 2008 (SEAL) NOTARY PUBLIC SIG ATURE 40 OPTIONAL INFORMATION Mal0 13, TITLE OR TYPE OF DOCUMENT sJ DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE Ak5 Q� ACORD- CERTIFICATE OF LIABILITY INSURANCE DATF(MM/°° vYY) 4/11 2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DIMA, INSURANCE SERVICES INC ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 271 E IMPERIAL EMY STE 611 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FULLERTON CA 92871 714-578-9580 INSURERS AFFORDING COVERAGE NAIC# INSURED LUIS RIOS _INSURER A• MERCURY CASUA_LTY COMPANY _ DBA. JC CONSTRUCTION INSURER B, 67-325 MISSION CRT INSURER C; CATHEDRAL CITY, CA922 INSURER D: NSURER E, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVF_FOR THE POLICY PERIOD INDICATED,NOTWM18TAN DING 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, RXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGRFOATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, LTA INf,Rtl P F• N POLICY NUMBER p�r Y FF UIYIYYE RRATGY EXPI pA Y N LIMITS GENERAL LIABILITY EACH OCCURRENCE F COMMERCIAL GENERAL LIABILITY �— _ _ PREMISES(Ee,occurnlycn S • CLAIMSMADE F__I OCCUR MED FXP(AnY one Person) S `� PER80NAL&ADV INJURY $ _ GENERAL AGGREGATF S GERL AGGREGATE LIMIT APPLIES PER PRODUCTS.COMPIOP AGG S POLICY PROS JECT LOC AUTOMOBILE LIARILITY COMBINED SINGLE LIMIT F ALL OW O BODILOccident) 7 1 ALL OWNED AUTOS DODILYINJURY X SCHEDULED AUTOS (Per person) S A HIRED AUTOS AC11070950 03/17/06 03/17/07 BODILYINJURY NOIV•OWNFDAUTOS (Perccaidanh) W PROPF,RTY DAMAGE S (PnrOreidenl) GARAGE LIABILITY AUTO ONLY-EAACCIDENT S _ ANYAUTO OTHER THAN FAACC a AUTOONLY: AGG $ EXCESSIUMRFELLA LIABILITY EACH OCCURRENCE R OCCUR EI CLAIMSMADF AGGREGATE DEDUCTIBLE RETENTION S $ - WORKF.RBCOMPENSATIONANO _ 70flYLIMITS CR E^MPLOYER9'I,IABII.ITY F.J.,F.ACH ACCIDENT "m ANY PROPRIETORPARTNERIENECOTIVF, - "'• OFFICERIMEMOER EXCLOO1509 El DISEASE-EA EMPLOYE- ,? If oadavarlh-Lin&r S�E�IAL PROVISIONS below I E,I- DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENIDORSFMFNT I SPECIAL PROVISIONS CERTIFICATE HOLDER �. CANCELLATION SHOULD ANY OP THE,ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL,_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBI-IGATION OR IJABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RFPRFSFNTATIVES, AU •O -rD REPRBOENTATIVE rR p ACORD 25(2001100) u CQ ACORD CORPORATION 1908 Rpr 11. 2006 /: 56RM HP LRSERJET FRX p. 2 Vehicle Schedule At MERCURY CASUALTY COMPANY Policy Number Policy Period Producer Name and Code AC 11076950 03/17/2006 03/17/2001 I DM INSURANCE SERVICES 4537 Named insured: LUIS RIOS DBA: JC CONSTRUCTION Description of Vehicles V n Yr Make Bad Type!Tonnage Model ol^nr Serial Number cost or Value r` eW 1 1985 MCKKT 5T TRUCK TRACTOR E 1M3K131K9FT003386 70,001 0512004 U 2 1979 1 T UTILITY L TCL3492 11877 10,000 01/2000 U 3 1981 1 T UTILITY L 174RN44E 4B 0022608 5.000 01/ 0000 U 4 1s83 E-VRti CET— 1 j CK & T-SOX L 1GB C34M4DV119126 15,000 02 J2001 U 5 1O94 FORD 3 T DUMP H 1FDY595X3RVA14638 40,000 0 /2002 U 6 20c0 1/2 T PICKUP L 576JN3217Y5101518 18.000 O1/2000 U a Garaging Address ("Same" means kept at mailing address) 1 SAME 2 SAME 3 SAME 4 SAME 5 SAME 6 SAME Vah LPIAI Names and Addresses of Loss Payees(LP), Additional Intarests(AH and Registered Owners(RO) 5 LP LYON FINANCIAL SERVICES 14EO CHANNEL FKWY MARSHALL MN $5256 COVERAGES PREMIUMS Liability Veh# 1 Veh# 2 Veh# 3 Vet, # s Veh # s Vah# 5 BI $ .000 each person $ ,000 each accident PD $ ,DOC each accident or 1139 456 456 501 501 456 $ 750 DOC Combined Sin le Limit Uninsured Motorist - BI $ ,000 Combined Single Limit 10 10 10 10 10 10 $ 1.5 000 each person $ 20,000 each accid ant Uninared Motorist - PD B 8 8 8 $ 3500 Maximum Collision Deductible Waiver 6 6 Excess Medical Expense Providing For Reimbursement to Company $ each person ❑ No Excess,No Raimbursamant Compmhendve-Oeduotib(e(s) Veh LOOo Veh Vat Vat Vey 1000 Veh 384 251 Collision-Deductiblelsl Vet 1000 Veh Veh Veh Vey 1000 Veh 1113 725 Towne and Labor-Amount Par Disablement Vah Veh Veh Veh Vat Veh Rental Car Bona lit $ each day S Maximum Premiums Per Vehicle 2652 474 474 519 1493 474 SEE NEXT PAGE UC-36 7,1996 Date Mailed: 02/28/2006 Apr 11 2000 7: 56RM HP LRSERJET FAX p. 1 Vehicle Schedule A% MERCURY CASUALTY COMPANY Policy Number - Fro PoIIcV Period Producer Name and Code AC 110'I0950 03/17/2006 03/17/200I DMA INSURANCE SERVICES 4537 Named Insured: LUIS RIOS DRA; JC CONSTRUCTION Description of Vehicles Yr Meke I Body Type/Tonneue Model o%"n' Serial Number Cost or Value rc ew 7 1999 PLYM U H I 1/2 T VAN L 2P4FP25B%%R470947 L8,000 O1/1999 U 8 2001 112 T PICKUP L 387HC13Y710761803 17,000 1112002 U 9 1974 L 112 T PICKUP W/TOOL BOX L CKY144F477194 2,450 Og/2005 U 10 UP L JT4RNSBDXF5043014 2,000 02/2006 U vah Garaging Address("Same" means kept at mailing addressl 7 SAME 81 SAME 9 SAME 10 SAME Van LP/AI Names and Addresses of Lass Peyees(LP),Additional Interests(Al) and Registered Owners(RO) COVERAGES PREMIUMS Liability Veh# 7 Veh# S Veh# 9 Veh # ao Veh # Veh# BI $ ,000 each person $ ,000 each accident PD $ ,000 each accident or 456 456 456 456 $ 750 000 Combined Single Limit Uninwrad Motorist - BI g ,000 Combined Single Limit 10 10 10 10 $ 15 000 each person 3 30,000 each accident Uninsured Motorist - PD 8 8 a 8 35047 Maximum C.116.n Dedoettble Waiver 6 Exeeaa Medical IExpenae Providing For Reimburamment to Company 9 mach Person ❑ No Excess, No Reimbursement Camprohanaive-Deductible(.) Veh Vas 1000 Veh Veh Veh Van 73 9 Calfaion-Deductlblola) Veh Veh 1000 Veh Veh Veh Veh 173 Towing and Labor-Amcunt Per Disablement Veh Veh Vah Veh Van Vah Rental Car Benefit $ each de $ Maximum Premiums Per Vehicle 474 718 474 474 UC-39 70996 Date Mailed: 02/28/2005 Mar 07 2006 12: 25PM HP LRSERJET FFIX P. 1 AMR& CERTIFICATE OF LIABILITY INSURANCE DATE,hRNpb Yry, PRODICw 7 06 THIS CERTIFICATE; IS ISSUED AS A NATTER OF INPORMATWN DM INSURMWE SERVICES INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOBB NOT AMEND, E%TENO OR AL 271 E IMPERI IM STE 6].1 ALTER THE COVERAGE FORGED BY THE POLICIES BELOW. MLLPIRTON CA 92871 724-570-9580 INSURERS AFFORDING COVERAGE NAICM Ineuneo LUI9 RIGS INStRiFR A' ME.RCUAY CASUALTX COHP- 1�►H _� OR&: 3C CONSTRUCTION INSURER B: _ 67-325 MISSION CRT WSURERC: _ CATHEDRAL CITY, CR922 NSURERo NRVRen e COVERAGES THE POLICIES OF INSURANCR LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RECIUNEMENT.TERM DR CONbMON OF ANY CONTRACT OR OTHER DOCUMIN7 WITH MBSPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLCIfS DESCRIBED HEREIN N SUBJECT TO All.THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCH POI.ICIE;LAGOREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMS I!A FOLNSY NUNDER O CTIVIF. OnICVlNPI I LIMITS GENERAL IJABM7Y T EACH OCCURRENCE S CCPIL GENERAL LIABILITY PREMSE-SIE�RNo�aci�rmel L 7:MSNADE OCCUR MEBEXNAnvD p w) s - PERSONALRAOVINJORY S GENERAL AGGREGATE L GENI.AGGREGATE I.WT APPLIES PER; PRODUCTS.CONPWAGG L FOUDY j 0 LOC AUTOMOURELIAREJTY CpAPN�SSIGLG I.MR _ (gRINdNNd) L ]50,000 ANYAUTo ALLOWNEDAUTOS pOpLYINNRY - It ECADULED AUTD3 BODLYMRIII 3 A _ HIFEDAU1011 AC11070950 03/17/05 03/17/06 SODILY(WURV _NON•OWNEDAUTDS IPlramWM) S PROPERTY DAMAGE 3 IFA(AmMrRI OLMOE LVBLRY AUTOOWY.EAACCNENT I El ANYAUTO OTHER THAN AU70ONLY- AGO S EI(COMMBRELLA LIABILITY EACH OCCURRENCE 3 OCCUR MARMALADE AGGREGATE 3 R DEWCTOLE 3 ry RETENTIDN 3 3 4 WORNEH601"lNSATIONAHD T ER RNPLOVERT LIABRJTY M1W AROIMNT0IYMATNNrAL�n+T YE L.EACHACCDENT L DIPICONRNN!R ENiLUDE61 EJ.,GIFEAS!-!A lIYT+LOYG 3 Ilyy�,uu EULrMIYWr PECALPROVIAON6 W9. E.L DISEASE-POLICY I,RIIT A OTHER OE6GRIPTION OFOFERhT10N511.00ATM1N31VEHICLE31 ENCL11310FLRADOF.DBV EnDiMSEAHFNTI3FRCIAI PRDVIBIONS CEATIFICAlrE HOLDER CANCELLATION SHOULD ANY OF THE AAOVE DESCRIBED lOLICIlS BE CANCELLED REFORE 7HE EXPIRATION CITY OF PALM SPRINGS DATR THEREOF.TIE ISGUNG IN3URRR WIU,q KAVOR TO MAIL-,,,_ DAYS WRITTEN DEPT. OF PUBLIC WORKS AND NOTICE TO TIE CERM.ICAM NDLDEq NAMED TD THE LEFT,RUT FAILURE TO DO 30 SHALL ENGINEERING 1WO3E HD OS.IGATION OR LAlRU7Y OF ANY NND VFDM TM INSURER,R6 AGENTS OR 3900 E TANIQUITZ CANYON RD .PnE6EHTATIVEC. PALM SPRINGS CA 92262 A pR1yE0 REPR!0QM THE ACORD 2S�9DD1103� IOACORD CORPORATION 19BB Best's Rating Center- Search Results Page 1 Page I of 1 Best IS11 " W",' ', ter 1 View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page I of 1 2 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with mercury casualty To refine your search, please use our Advanced Search or view our Online Helpfor more information. New Search 'I Imercury casualty View results starting with: A B C D E F G H I J K L M N 0 P Q R S T U V W X Y Z Re Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ . Outlook/ AMB# Company Name Rating Implication Long-Term - Implication T Short-Term Domicile 00595 Mercury Casualty Company A+,)l Stable US:Califon (Property/Casualty-insurance Company) 18195 Mercury Casualty Group A+ Stable US: Califon (Property/Casualty-A.M.Best Consolidated Group) Note: Financial Strength Ratings as of 0310912006 01:08 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating,, 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 stren 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,includin policyholders.View our entire notice for complete details. Customer Service Product Suppo t I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright @ 2006 A.M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www:3.ambest.com/ratings/RatingsSearch.asp 03/09/06 04/10/2006 13:04 9515064399 ORR AND ASSOCIATES PAGE 01J02 Policy NBrnhee A87095G1IDOT DOQEntered. 4/7/2006 ACORDL CERTIFICATE OF LIABILITY INSURANCE D 4/7/2006 AJ7/2006 PRODUCER OM i ASSOCIATES INSURANCE SLRVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 27403 YJSaA Road, Suite 210 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Temecula, CA 925-41 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- (600)561-2747 _ INSURERS AFFORDING COVERAGE NAIC INSURED ,TC CONSTRUCTION INS.URERA_ASPEN INSURANCR•.__ Lt7IS RIDS INSURERS_ _ 67326 MXGSIO14 CT - -� - INSURER C_ CATHEDRAL CITY, CA 92234 INSURER D INSURERE - COV(;RAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATI D.NOTWITHSTANDING ANY RPQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHCR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED SY THr POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POI.ICIES AGGREGATC LIMITS SHOWN MAY HAVE BEEN REDUCED DY PAID CLAIMS. 1NAR ADD' —' --_ -- PWJCY NUNEER POLICY EFFECTIVE PbLICY EXP a ION -- LIMITS ---- EA®I GENERAL LIABILITY EACH OCCURRENCE _ SL,000,000 A X COMMERCIALOENERALLIAEILITY 709501EOT 4/7/2006 d/7/2007 epFMlsEVAGE s(Ees �ncal_ E100,000 CU11M5 MADE OCCUR MEO EXP(Any One parson) I 3,000 PERSONAL A ADV INJURY E1,COO,000 ._.I __,.. _•.... � GENERAL AGGREGATE. S2r000,000 GEN'LAOGPEGATE LIMIT APPLIES PER: ICOI�PIOPG 6Tl000106 POLICY 00 1 AUTOMDRILE LIAMUTV COMBINED SINGLE LIMIT S _- -11 ANY AUTO IEf accltlenl) ALL OWNED AUTOS I7 INJURY Ivwp- __--- W -`-- SCHEDULED AUTOS {Pal'ILY INJ --_ HIRED AUTOS I -,--- S _ NON-OWNED AUTOS BODILYINJURY -- ^I (Pw acemenl) PROPERTY DAMAGE S (Per acOldanq GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT IS _ .I ANY AUTO OTHER THAN EA ACC S _ _ AUTO ONLY' AGG 5 EXCEESIUMBRELLA UARY.IT F-AChI OCCURRENCE_ — 5 OCCUR OLAIMGMAOE AGGREGATE _ S nEOLIC'I'IBLE — RETENTION i �— _ WORHERS OOMPENSATION AND T W"ti fATU• II EK-LOVERS'LIAUIUTY }I TC LIMU J.. ..EB _ �ANY PROPRIETORMARTNERIEXECUTIVE I ELEACHAOC(DENT OFRCEPW[MBRR EXCLUDED? E.L.DISEASE-fiA EMPLOYEE Ir R.d-crEP Under -. 5�PCIALPIR 510NSbnl" R:Dl5EA8E-POLICY LIMIT ; OTM R OESORmTION OP CPERATI0N51 LOCATIONS I VEHICL581 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROV1916NB CRRTIPICATE HOLDER IS NAKED AS ADDITIONAL INSURED PER ATTACHED CC 2010 11 85 ENDORSEt$NT FORM. A10 DAYS NOI 30 DAYS ALL OTHER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OR THE ABOVE bESCRIBEO POUCIRS BE CANCELLED BEFORE THE EXPIRATION CITY E. PALM TZ CANYON DATE THEREOF,THE ISSUING MSURER WILL ENDEAVOR TO MAIL*SO OAY9 WRITTEN 3200 E. TABQUITZ CANYON WAY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT'RAILURE TO 00 GO SHALL PAW SPRINGS, CA 92262 ImPOGE ND OSLIGATgN OR LIABILITY bF ANY HIND UPON THE INSURER,ITS AGENTS OR FAX: 750�322-5325 ATTN: CARRIE ROVMEY REPRESENTATIVE AUTNpRI2ED REOnENTATIVIR ACOFID 26(2001108) M ACORD CORPORATION 198$ Prodllaad U%nq FDllnd BO55 P Ile AafNIEN,tWngf00tlEBPFF romi ImproeN�F PIItlIIPInnS f00,y0A-1PlT 04/10/2006 13:04 9515064399 ORR AND ASSOCIATES PAGE 02/02 POLICY NUMBER: AS709501 EOT COMMERCIAL.GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Co 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL.GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Cli Y oP PALM SPRINGS 3200 G.TAHQU ITZ CANYON WAY PALM SPRINGS,CA 92262 (If no entry appears above., information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN MURED (Section 11)is amended to include as an insured the person or organization shown in thc 'Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. L. CQ201011. 85 CG20101185 Best's Rating Center- Company Information for Aspen Insurance UK Limited Page 1 of I Rating Center I View Ratings:Financial Strength Issuer Credit Securities Advanced_Search Other Web Centel Rating Methodology Industry Research Rafingsoetinaions Aspen Insurance UK Limited Search Bests Ratings (view securhies for related issuers) Assigned to companies that A.M.Best N:84806 have,in our opinion,an PYE!ss Releases excellent ability to meet their Related Products , Address:30 Fenchurch Street Phone:44-20-7929-4000 ongoing obligations to __ _�_ London EC3M 3BD,UNITED Fax 44-20-7929-4111 policyholders Industry 8 Regional I KINGDOM Country Risk ... .. Best's Ratings__0-�, to-G_t_Raed _ .I Col-tact an Analyst j Financial Strength Ratings view Deiinigions Issuer Credit Ratings _View Derin do Rating:A(Excellent) Long-Term:a Financial Size Category:XI($750 million to$1 billion) Outlook: Stable Outlook: Stable Action:Assigned ' Action:Affirmed Date: October 26,2004 M- Effective Date: October 26,2004 ==T Denotes Under ReviewBe_st's Ratings Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Grouf a _ Best's Company Report-includes Best's Financial Strength Rating and rationale along witl c analytical commentary, detailed business overview and key financial data. -r Report Revision Date:02/01/2005 (represents the latest significant change). Historical Reports are available in Best's Company Report Archive. Financial and Analytical Products Best's Statement File-Global Best's Insurance-Reports-Life& Non-Life, Non-US Best's ReinsuranceCenter-Premium Data&Reports(Basic Service) Customer__Service I Product Support I Member Center.1 Contact Info I Careei About A.M. Best 1 Site Map I Private Policy I Security I Terms of Use I Legal & Lic Copyright©2005 A.M.Best Company,Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,USA hUp://www3.ambest.com/ratings/rullProfile.asp?B1=0&AMBNum=8zt806&AltSre=1&A... 12/30/2005 Mar Uy cOUe 9: 04RM HP LRSERJEJ FFIX p. 2 03i022006 ^ 16:32 N0.030 9005 BROKER COPY SK STATE P.O. BOX 420807, SAN FRANCISGO,CA 94142-0807 CoMPBNswnoN FUNDFUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: DE-D2-200i GROUP 000224 POLICY NUMNit; W24920-20M CERTIFICATE 10: so CERTFICATE IXPIRE5 06-29-ZWG 00-29-20o5/0E-Ee-200G CITY OF PALM SPRINGS SK DDT OF FSLIC MORNS 320 E TAHDUITI CANYON WAV I PALM SPRINGS CA 02292-6050 I This Is to certify tMt we have issued a valid Workers' Compensation Insuvanee policy in a form approved by the California insurance Cenanitsionor to the employer named below for the pcliev period Indicated. Ws policy la not subject to eancellaolon by the Fund except opont0 Pays advance written noelce to the employer. We will also give you ROdays advance no** should thls policy be canoolW prior to its normal expiration. The certificate of IMuranas is not at insurance policy and does not amend extend or alter the coverage afforded S by the policy %$red herein Notwithstanding My requlromer� lerm or oondilien of any contract or other docu%ord I wWt respect M which this oerGfieate of nalealte" be Issued or to Which h May Pevtall% the InxeMCe afforded by the Policy desorlibed heroin Is subject to all the terms, exclusion. and Wr Scion, of swell policy. yTHOMZW R9EMTAT PRESIDENT i UNLESS INDICATED OTMEMaSE W ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: TNIV NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EWLDYOt OR A HUSBAND NO WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPRiHENEIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALZFOMRA WORKERS' COMPENSATION BENEFITS; NKDYEFS EXCLUDED UNDER CALIFORNTA WORKERB' COMPENSATION LAW. �_—EWLOYERIS LIABILITY LIMIT INCLUDING DEFENSE COSTS, 91,000,000 PER OCCURRENCE. ENDORSEMENT A20B5 LNTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-29-2004 15 ATTA04EC TO AND FORMS A PART OF THIS POLICY. iELOLOYER RIDS, LUIS Wig 4 C CONSTRICTION SK 47it5 MISSION CT CATHEDRAL CITY CA E2284 ' Itay.a•wN PRINTED 03 02-2906 Best's Rating Center- Search Results Page 1 Page 1 of 2 Best + ffl W �,J View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers:Felect one Search Results page 1 of 1 6 Rated .and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with american contractors To refine your search, please use our Advanced Search or view our Online Help for more information. New search american contractors View results starting with: A B C D E F G H IJKLMN O P O R S T U V W X Y Z Re Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ .. Outlook/ AMB# Company Name Rating Implication Long-Term Implication R Short-Term Domicile 19379 American Contractors Group US:Texas (Property/Casualty-Company Consolidated Financial Statement) 11019 American Contractors Indemn A/ Stable a Stable US: Califon Company (Property/Casualty-Insurance Company) 10010 American Contractors Insurance Co A Stable US:Texas RRG (Property/Casualty-Insurance Company) 18067 $American_Contractors Insurance A Stable US:Texas Group (Property/Casualty-A.M.Best Consolidated Group) 86794 American Contractors Insurance A Stable Bermuda Group Ltd (Property/Casualty-Insurance Company) 56012 American Contractors Reinsurance Cayman Isl Co Ltd (Property/Casualty-Captive) Note: Financial Strength Ratings as of 0310912006 01:08 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * 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 stren 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,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers htth://www3.aiiibest.com/ratings/RatingsSearch.asp 03/09/06 Page 1 of 2 Kathie Hart From: Troy Butzlaff Sent: April 11, 2006 2:02 PM To: Kathie Hart Subject: RE: JC Construction (Civic Drive block wall) Kathie: am fine with the insurance coverage as stipulated. I've asked Public Works to monitor the contractor to insure that he is only using the vehicles on the schedule during the course of the construction project. Troy Troy L. Butzlaff Assistant City Manager �I v/gfNN City of Palm Springs 3200 E. Tahquitz Canyon Way Tel: (760) 322-8336 P.O. Box 2743 Fax: (760) 323-8207 Palm Springs, CA 92263-2743 TDD: (760) 864-9527 www.ci.palm-springs.ca.us Troy B@ci.palm-springs caus From: Kathie Hart Sent: Tuesday, April 11, 2006 1:27 PM To: Troy Butzlaff Cc: Carrie Rovney; Jay Thompson Subject: IC Construction (Civic Drive block wall) Troy Attached is the Cert of Ins for the above agreement along with the list of scheduled vehicles covered. Will this be acceptable? Previously you had stated you would accept $750,000 rather than the normal $1 million. Please advise. Thx! ICE dp Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way 04/11/06 CONTRACT ABSTRACT Contract Company Name: J.C. Construction Company Contact: Luis E Rios or Tony Rios Summary of Services: CP#05-17, Civic Drive Wall Rehabilitation Contract Price: $34,200 Funding Source: 520•-5641-43240/001-4171-43200/261-1395-54051 Contract Tenn: �2687 Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals CounciU Age ttey Approval Date: February 15, 2006 Minute Order : 7809 Agreement Number: 5231 Contract Compliance Exhibits: -�� Signatures: g Insurance P Bonds: Vj Contract prepared by: Submitted on: By: