HomeMy WebLinkAboutMINUTES - 03092004 - C.16 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAVVK GEOLOGIC;
HAZARD ABATEMENT DISTRICT CHAD 6
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR G�
DATE: March.2,2004
SUBJECT: RATIFY the decision of the General Manager of Blackhawk Geologic Hazard Abatement District
(CHAD) to award An emergency repair contract to Engineered Soil Repairs (ESR), Walnut Creek,
California in the amount of$32,566.00, for the repair of landslide damage on the slope of Alamo Creek
within the property of 3130 Blackhawk Meadow Drive, Danville area; and AUTHORIZE the General
Manager of the Blackhawk Geologic Hazard Abatement District (CHAD) to execute contract change
orders as may be required up to 10%of the contract amount or$3,256.60.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Ratify the decision of Richard Short, General Manager of the Blackhawk Geologic Hazard Abatement District
(CHAD), to award a contract in the sum of $32,566.00 to Engineered Soil Repairs, Walnut Creek, CA and
authorize a ten percent (10%) contingency for contract changes as may be required, for the repair of landslide
damage on the slope of Alamo Creek within the property of 3130 Blackhawk Meadow Drive, Danville,
California,effective January 20, 2004 through February 10, 2004.
II Financial.Impact:
No impact on the County General Fund. The funding is one-hundred percent (100%) Blackhawk CHAD. The
proposed contract is consistent with the adopted FY 03/04 program budget.
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,,e16ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE THER
SIGNATURE S a
ACTION OF B A ON MARCH 09� 2004 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
VOTE OF SUPERVISORS the date shown.
XX UNANIMOUS(ABSENT I & IV
AYES _ NOES: MARCH 09 2004
ABSENT: ABSTAIN: ATTESTED:
JOHN SWEETEN,Clerk of the Board of Supervisors and County
Administrator
SE:cmm
a\GrpData\SpDist\Board Ordersl2004103.02-04 BO Emergency Repair Slackhawk.doe o�
Orifi.Div: Public works(Special Districts)
Contact: Skip Epperly(313-.2253) By � }Deputy
cc: County Administrator
County Counsel
&leinfelder.Inc.
SUBJECT: RATIFY the decision of the General Manager of Blackhawk Geologic Hazard Abatement District
(CHAD) to award An emergency repair contract to Engineered Soil Repairs (ESR), Walnut Creek,
California in the amount of$32,566.00, for the repair of landslide damage on the slope of Alamo
Creek within the property of 3130 Blackhawk Meadow Drive, Danville area, effective January 20,
2004 through February 10,2004 and
AUTHORIZE the General Manager of the Blackhawk Geologic Hazard Abatement District(GRAD)
to execute contract change orders as may he required up to 10% of the contract amount or$3,256.60.
DATE: March 2,2004
PAGE: 2
TIT. Reasons for Recommendation and Bac round:
For several years, continued erosion has occurred at the toe of the slopes of Alamo Creek which bisects the
property of 3130 Blackhawk Meadow Drive. The progressive nature of this erosion, in the subject location,
has created a 60-foot high near-vertical slope that threatens the driveway and only access to the property
residence. The General Manager has determined that this condition poses an immanent threat to the upslope
driveway and access to the property. Furthermore, this condition, left unabated may produce a significant
failure requiring substantially more resources to repair.
The General Manager has been successful in negotiating a cost-sharing agreement with the property owner
that reimburses the District 50%of the construction costs of the repair.
License Agreements providing the GHAD with sufficient rights to enter upon and repair the landslide have
been executed with the property owner. Additional agreements specifying the cost-sharing terms have been
executed with the property owner.
Board Resolution 98/329 defines exceptions to procedures related to advertising and awarding of CHAD
maintenance and repair contracts. Section I.D.2 Emergencies authorizes the GRAD General Manager to
waive the standard contract and bidding award procedures when in the reasonable judgment the project is
necessary to prevent or mitigate an emergency.
III. Consequences of Negative_Action:
Without Board approval, the slope conditions may worsen further jeopardizing road improvements and
access to 3130 Blackhawk Meadow Drive, and producing a much larger and more costly repair.
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CONTRACT
{Geologic Hazard Abat6ment District Standard Farm Constructirn Agree en
I. SPECIAL TERMS. These s�ecial terms are incorporated below by reference.
Parties: Public Agency—$lackhawk Geologic Hazard Abatement District
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Contractor: Engineered Sails Repairs
1267 Spngbook Road
Walnut�ree;California 94596
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Effective Date: January-0,2004
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Project blame,Number an4 Location: 3130 Blackhawk Meado-,v Drive
I Emergency Landslide Repair Prcj ct
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Completion Time: 154orking days
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Public Agency's Agent:Klginfelder, Inc
Contract Price: Thirty Two Thousand Five Hundred Fifty Six($12,556.00 t
Liquidated Damages: $20 amount per calendar day.
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Federal Taxpayer's I.D.Na. s
2. SIGNATURES &ACKNOWLEDGMENT. ? f
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Public Agency, Blackhawk Geological Hazard Abateinent isl rict,I
$y:Richard,D. Short,General Manager
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Contractor, herealso certifying awareness of and compliance wit Labor
Code Sections 18311 and 3700 concerning
Workers'Compezisation Law, t
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(Designate official cap ity in the business)
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(Designate official capacity in the businessy
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Note to Contractor: For corporations, the contract must be signed by two office The first
signature must be that of the Cha rman of the board, president or vice president; the;second
signature must be that of the secretary, assistant secretary, chief financial officer or assistant
treasurer. (Civil Code, Sectidn 1190 and Corporations Code, Suction 313.)l The
acknowledgment below must be signed by a Notary Public. j
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CERTI LATE OF ACKNOWLEDGMENT
State of California } )
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County of }
On the date written below, before ane, the undersigned Notary Public, CR
signing above for Contradtor,personally }
e (or proved to me on ;the basis of satisfactory evidence) to be the pers n whose
name(4) is/am-subscribed to the within instrument and acknowledged to me that het lel y
executed the same in hislhe Mmir Authorized capacity(ies}, and that by his�MZeir ignature(4
on the instrument the person(s� or�he entity upon behalf of which the persprf(s�-act , eXCecuted
the instrument.
WffNESS my hand and official seal. fANYA CHI CHIZL�
COMMission t 137W 53
Dated: 2-� Nojory Public Ga€ifornfa
4NO�ts Seal) + dontra Cos CO tY
(Notary Public)
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3. CORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date,
these parties promise and agree as set forth in this contract,incorporating by thesip references the material in
Section 8,SPECIAL TERMS.
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(b) Contractor shall, at his own cosand expense, and in a workmanlike manner, ly and faithfully
perform and complete the work; and wit furnish all materials, labor, services ar�d trans turn necessary,
convenient and proper in order fairly to perform the requirements of this contract, all stridly in accordance
with the Public Agency's plans,drawings land specifications and in accordance wi�the ace tell proposal.
(c) The work can be changed onlyth Public Agency's prier written order �pecifyin such change and
its cost agreed to by the parties; and Public Agency shall never have to pay more that#. specified in
Section 1, SPECIAL'PERMS,without such an order. �
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4. TIME,• NOTICE TO PROCEED. Contractor shall start this work as directed in the s cificlations or the
Notice to Proceed; and shall complete it as specified in Section 4, SPECIAL PROVISIONS.
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S. LIQUIDATED DAMAGES. If the 'Contractor fails to complete this contract and thi work within the
time fixed thereof, allowance being made for contingencies as provided herein he b es liable to the
Public Agency for all its loss and da:mag therefrom; and because, from the nature of the ase,'it is and will
be impracticable and extremely difficult ito ascertain and fix the Public Agency's actual amge from any
delay in performance hereof,it is agreed fat Contractor will pay as liquidated damages to e Public Agency
the reasonable sum specified in Section i4, SPECIAL PROVISIONS, the result of the T artieis' reasonable
endeavor to estimate fair average comperis-ation thereof, for each calendar day's delay in fir ishitit said work;
and if the same be not paid, Public Agen y may, in addition to its other remedies deduct e same from any
money due or to become due Contractor Oder this contract. If the Public Agency for any cause authorizes
or contributes to a delay, suspension of work or extension of time, its duration Ohall be addeO to the time
allowed for completion, but it shall not b deemed a waiver nor be used to defeatany right of the Agency to
damages for non-completion or delay thereunder_ Pursuant to Government':, Code Section 4215, the
Contractor shall not be assessed liquidated damages for delay in completion of the work, whdn such delay
was caused by the failure of the Public Agency or the owner of a utility to provide for rem vapor relocation
of existing utility facilities. j
6. INDOCUMENTS. Tl eans p ldrawings and specifications or special ecial ro�isions of the
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Public Agency's call for proposals, and Contractor's accepted proposal for this work are h eby'incorporated
into this contract; and they are intended to cooperate, so that anything exhibited in the plart I or drawings and
not mentioned in the specifications or sl ecial provisions, or vice versa, is to be execute as>if exhibited,
mentioned and set forth in both, to the true intent and meaning thereof when taken I together; and
differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in
Section 1,SPECIAL TERMS.
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7. PAYMENT. (a) For his strict and!literal fulfillment of these promises and condi ons and as full
compensation for all this work, the Public Agency shall pay the Contractor the sum specified �in Section 1,
SPECIAL TERMS, except that in unit price contracts that payment shall be for;finished quatities at unit
proposal prices.
(b) The Contractor shall be paid for1 work done through the 25th of the preceding c endar month, as
determined by Public Agency, minus 10% thereof, but not until defective work and rngerials have been
removed,replaced.,and made good.
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8. PAYMENTS WITHHELD. (a) Thr Public Agency or its Agent may withhold any pa ymept,or because
of later discovered evidence nullify all o any certificate for payment, to such extent and period of time only
as may be necessary to protect the PublicAgency from loss because of-
(1)
f(1) Defective work not remedied,or uncompleted work,or
(2) Claims fled or reasonable evidence indicating probable filing,or
(3) Failure to properly pay 4ubcontractors or for material or labor,or
(4) Reasonable doubt that flee work can be completed for the balance then uny aid,or
(5) Damage to another conttactor, or
(6) Damage to the Public A#envy,other than damage due to delays
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(b) The Public Agency shall usereasonable diligence to discover and report to the Contractor, as the
work progresses, the materials and Ibor which are not satisfactory to it, so as to a void unnecessary
trouble or cost to the Contractor in making goad any defective work or parts,
(c) 35 calendar days after the Public Af gency files its notice of completion of the entire v rork� it shall issue
a certificate to the Contractor and mat pay the balance of the contract price after deducting all amounts
withheld under this contract, provide the contractor shows that all claims for labor d materials have
been paid, no claims have been pre,ented to the Public Agency based on acts or missions of the
Contractor, and no liens or withhold notices have been filed against the work or site, and provided there
are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims
against Contractor.
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9. INSURANCE. (Labor Code Se`&, . 1860-61) Can signing this contract, Contractor mint give Public
Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Re ations, or (2) a
certificate of Workers' Compensation insurance issued by an admitted insurer,;or (3) exact copy of
duplicate thereof certified by the Director or the insurer. Contractor is aware of and coi riplies with labor
Code Section 3700 and the Workers' 01smpensation Law. Said certificates shall name those entities or
individuals listed in Section 3-1.05 of the Special Provisions,
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for a Vroval good and
sufficient bonds with sureties, in amount() specified in the specifications or special provisions,'guaranteeing
his faithful performance of this contract ad his payment for all labor and materials hereulithout
11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, fault of the
Public Agency or its agent(s), to supply;sufficient materials or workmen to complete s agreement and
work as provided herein, for a period of 10 days or more after written notice thereof by Public Agency,
the Public Agency may furnish same andeduct the reasonable expenses thereof ftom the cAmtract price.
12. LAWS APPLY. General. Both parties recognize the applicability of various ederal, state and
local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with
Section 1720, and including Sections 1735, 1777.5, and 1777.6 forbidding discrzminatio and intend that
this agreement complies therewith. The e parties specifically stipulate that the relevatit penalties and
forfeitures provided in the Labor Code, e pecially in Sections 1775 and 1513, concerning prevailing wages
and hours, shall apply to this agreement though fully stipulated herein.
13. SUBCONTRACTORS. Public ontract Code Sections 410041.14 are incorporate herein.
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14. WAGE RATES. (a) Pursuant to Labor Cade Section 1773, the Difector of the Department of
Industrial Relations has ascertained th� general prevailing rates of wages per;diem, ai td ft r holiday and
overtime work, in the locality in which this work is to be performed, for each cry, class' cation, or type of
workman needed to execute this contract and said rates are as specified in the call for bid 3 for this work and
are on file with the Public Agency, and hereby incorporated herein.
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(b) This schedule of wages is based o� a working day of 8 hours unless otherwise spec led; and the daily
rate is the hourly rate multiplied by the Aumber of hours constituting the workin'day. W ien less than those
numbers of hours are worked, the daily wage rate is proportionately reduced, belt the hourly nate remains as
stated. E
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(c) The Contractor, and all his subco itractors, roust pay at least these rates to all persons of this work,
including all travel, subsistence, and(rine benefit payments provided for by applicable co lective bargaining
agreements. All skilled labor not listed above must be paid at least the wage scale established: by collective
bargaining agreement for such labor in the locality where such work is being;perform . If it becomes
necessary for the Contractor or any sub ontractor to employ any person in a craft, classi icaton or type of
work(except executive, supervisory, administrative, clerical or other non-manuaf workers is such for which
no minimum wage rate is specified, the (Contractor shall immediately notify the 1Public A Dgency which shall
apply from the time of the initial empiyment of the person affected and during the co tm* uance of such
employment.
15. HOURS OF LABOR. Eight hgVrs of labor in one calendar day constitutes a leg day's work, and
no workman employed at any time on this work by the Contractor or by any subcontracto shall be required
or permitted to work longer thereon except as provided in Labor Code Sections 1$10-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this w rk in accordance
with Labor Code Sections 1777.5 and 1717.6, forbidding discrimination.
17. DE SIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public gency desires to
promote the industries and economy of Contra Costa County, and the Contractor thereof is ne uraged to use
the products, workmen, laborers and mechanics of this County in every case inhere therice, fitness and
quality are equal.
18. ASSIGNMENT. The agreern 'nt binds the heirs, successors, assigns, and repr sentatives of the
Contractor,but he cannot assign it in whole or in part,nor any monies due or to become due under it, without
the prior written consent of the Public Agency and the Contractor's surety or'sureties, unless they have
waived notice of assignment.
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19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/of materials, of approval of
work and/or materials inspected, or statement by any officer, agent or employee of th Public .agency
indicating the work or any part thereof complies with the requirements of payments thereof, or any
combination of these acts, shall not re ieve the Contractor of his obligation ',to fulfill this contract as
prescribed; nor shall the Public Agency, be thereby estopped from bringing any action for; damages or
enforcement arising from the failure to comply with any of the terms and conditions hereof.
20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and sh l /told harmless
and indemnify from the liabilities as defin in this section.
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(b) The indemnitees benefited and protected by this promise are those entities and ind vidals listed in
Section 3-1.06 of the Special Provisions.
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(c) The liabilities protected against are any liability or claim for damage of any kind Ilegedly suffered,
incurred or threatened because of actions defined below, including but not limited to pers�nal injury, death,
property damage, trespass, nuisance, inverse condemnation, patent infringement, or any combination of
these,regardless of whether or not such liability,claim or damage was unforeseeable at aiy time before the
Public Agency approved the improvement plans or accepted the improvements as comple ed, and including
the defense of any suit(s)or action(s)at law or equity concerning these.
(d) The actions causing liability are any act or omission (negligent or non-negligent) # connection with
the matters covered by this contract and attributable to the contractor, subcontractor(s), or f ny officer(s),
agent(s)or employee(s) of one or more of them. i
(e) bion-Conditions: The promise and agreement in this section is not conditioned or dependent on
whether or not any indemnitee has prepared, supplied., or approved any plan(s), drawing( ), sl ecification(s)
or special provision(s) in connection with this work, has insurance or other indemnificatiog covering any of
these matters, or that the alleged damage resulted partly from any negligent or willful n}isc nduct of any
indemnitee.
21. EXCAVATION. Contractor shall comply with the provisions of Labor Coder Se `on 6705, if
applicable, by submitting to .Public Agency a detailed plan showing the design of shoring,bra ing, sloping,
or other provisions to be made for worker protection from the hazard of caving ground during trench
excavation. it
22. RECORD RETENTION. Except for records delivered to Public Agency, Con to shall retain,
for a period of at least five years after Contractor's receipt of the final payment under,thi contract, all
records prepared in the performance of this contract or otherwise pertaining to the work, incl ding without
limitation bidding, financial and payroll records. Upon request by Public Agency, Cont-actor shall make
such records available to Public Agency, or to authorized representatives of the 4ate and federal
governments,at no additional charge and without restriction or limitation on their use.
23. CONFLICT WITH BID. It is finther expressly agreed by and between the parties hereto that
should there be any conflict between the terms of this contract and the proposal of said Co itrm-.tor,then this
contract shall control and nothing herein shall be considered as an acceptance of said terms, of 3aid proposal
conflicting herewith.
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24. USE DE PRIVATE PROPERTY. Contractor shall not use private property fopurpose in
connection with the work absent a prior,written agreement with the affected property owne s).
25. RENTAL ANIS WAGE RATES. The statement of prevailing wages appearing Equipment
Rental Rates and General: Prevailing Wage Rates is hereby specifically referred to and by thi reference is
made a part of this contract. €
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EXECUTED IN DUPLICATE.
PREMIUM IS BASET? ON THE AL CONTRACT AMOUNT.
3 BOND ER: 0703658
PREMI : $469.00
FAARFUL PERFORMANCE BOND
KNOW ALL NfEN BY TB �E PRESENT, THAT WHEREAS, the Blackhaw Geologic
Hazard Abatement District, hereinafter designated the "Ownee, has, on
JANUARY . 20 , 2004, awarded to ENGINEERED SOIL * ,hereinafter meted as
the `Trincipai", a contract fo the construction of the 3130 BLACI AWK A 1EADOW
EMERGENCY LANDSLIDE REPAIR PROJECT,Blackhawk,California.
WHEREAS,said Principal is wired under the ternas of said contract to furnish a bond for
the faithful performance of sai4 contract.
NOW, THEREFOR,! WE, the PRINCIPAL and
FINANCIAL PACIFIC INSURANCE COMPANY
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3850 ATHERTON ROAD, ROdKLIN, CA 95765
{NAME AND ADDRESS OF INSURED,}
as Surety, are held and! firmly bound unto the Owner the penal sum of
THIRTY-TWO THOUSAND **dollars ($32,556.00----------) lawful money of the ;United
States,for the payment of whch sum well and truly to be made,we bind oursely ,our heirs,
executors,administrators and puecessors,jointly and severally,firmly by these pre sent.
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THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above bonde I Principle,
his or its heirs, executors, adhrinistrators, successors, or assigns, shall in all ` gs stand to
and abide by, and well and'i,truly keep faithfully perform the covenants, con `tions, and
agreements in the said contrast and any alterations made as therein provided, o his or their
part, to be kept and performed at the time and i .m
n the anner therein specifi anti in all
respects according to their tree intent and meaning, and shall indemnify and sa a harmless,
the Owner,its officers and agents as therein stipulated,then this obligation shall come null
and void,otherwise it shall be and remain in full force and virtue and Principal ar d Surety,in
the event suit is brought on 's bond,will pay to the Owner such reasonable rney's fees
as shall be fixed by the court
As a condition precedent tc the satisfactory completion of the said contract, the above
obligation in the said amount jshall hold good for a period of one(1)year after the corripletion
and acceptance of the said w rk, during which time if the above bonded Princip 9, his or its
heirs, executors, adminisb7ators, successors or assigns shall fad to make full, complete, and
satis#`aetory repair and replarlements or totally protect the said Owner:from l or damage
made evident during said period of one year from the date of acceptance of sal work, and
resulting from or caused by defective materials and/or faulty workmanship in the progecution
of the work done, the abov obligation in the said amount shall remain in fu J force and
effect.However,anything in thiis paragraph to the contrary not withstanding,the bligation of
the Surety hereunder shall continue so long as any obligation of the Principal rem `
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*REPAIRS, INC.
*, FIVE HUNDRED FIFTY-SIX DOLLARS AND 00/100.
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And the said Surety, for value received, hereby stipulates and agrees that change,
extension of time, alteration, or addition of the terms of the contract or to the ork';to be
performed thereunder or theificat.ions accompanying the same shall, in any N vay,.affect
its obligation of this bond,andit does hereby wive notice of any cage,extensi n of time,
alteration or addition to the terns of the contract or to the work or to the;specifi 'ons. Said
Surety hereby wives the provisions of Sections 2919 and 2845 of the Civil Code the State
ofCalifornia.
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IN WITNESS 'ixlBEREOF, thL above banded parties have executed this instrurnentunder
their seals this 23RD tray of JANUARY ,240 +,the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its urmigned
representative,pursuant to auth)rity of its governing body.
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ENGINEERED SOIL REPAIRS, INC.
Principal
(Seal)
Signature of Princip4
Title of Signatory
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FINANCIAL PACIFIC INSURANCE COMPANY
Surety
(Seal) Signature of Surety
JOHN J. DALEY ATTQRNEY-IN-PACT
Title of Signatory
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S7A7ECSF Caltftamia
SS
COUNTY OF Contra CastEt
On "NITARY 23, 2004 3 before me, Tanya Chinchilla,Nuts PublIC
PERSOMALLYAPFEARED John J.Qeley
personafty,tnown to rete
XgE*M tRl to be the person(j)whose n rue(�d 4y4m subscribed to the t
within instrument and acknowledged tc me that he/a%dft executed
the sewieinh%sjftrA**authorized c ity(iKkand that byhq&g�*
signature(j}on the instrument the persi n(4,or the entity upon beha y.
of which the person(Ij rusted,executed�e instrument.
WITNESSmyhand and ofcitulseal 7AlVY CHINCHILLA
ornmi ion 137515
C �.
Notary R jbile - COII#ornla T;
Contra Costa County
40, My Comm.Expi*SeA 16 2006
Signature
This arreaYfor ficial Notarial Sean
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OPTIONAL
Though the data below is not requir Sri by taw,it may prove valuable to persons relying on the do mment and 0ould
prevent fraudulent reattachment of this farm.
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CAPACITY CLAIMED 8Y SINNER DESCRIPTION QF ATTAC HEDDOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER # PERFORMANCE BOND# 0743658
TITLE OF TYPE OF MOCUMENT
TM-E(S)
0 PARTNER(S) 0 um"10
A"€TORNEY-IN-FACT NYMBER OF F AGES
0 TRUSTEE(S)
C] t"UARDIAWCONSERVATOR
n OTH R:
JANUARY '23, 20(1
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DATE OF COC MENT
SIGNER IS REPRESENnNG: !
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NPS OF PERSON(S)OR BMW(MS)
FINANCIAL PACIFIC INSPRA--CE COMPANY
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SIGNER@ OTHER T# A NAMEQ ABOVE
(D-,232(RE". ) ALL-PURPOSE ACKNOWLEDGEMENT s
EXECUTER IN DUPLICATE. �
PRE IUS IS BASER ON THE FINAL C b NTRACT AMOUNT.
BOND R: C703658
PAYh!10ENT BOND ! PREMI : $469.00
KNOW ALL N EN By TIMSI PRESENTS,THAT, WHEREAS,the I'316ckhawk eo ogic
H.d Ah went Dict, hereinitfier desired as the "towner" hasj on
A AU .til— 2004, awarded to ENGINEERED SOIL REa IRS k h ein�lfer
designated as the "Principal", a!contract for the construction of the 313th BLA VK
WADOW DRIW ENmRGEN'(>Y LANDSLIDE REPAIR.PROJECT, in WE ckhawk,
California. r
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WBEREAS, said Principal is required to furnish a bond in connection 8vith said corltract
providing that if said Principal,�r any of his or its subcontractors, shall fail to pa for any
materials, provisions, or ether supplies used in, upon, for, or about the performan of the
work contracted to be done, or for any work or labor done thereon of any kind,the SuretY of
this bond will pay the same to th6 extent hereinafter set forth.
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NOW, THEREFOR, j WE, the Principal ! =and
FINANCIAL PACIFIC INSUR14NCE COMPANY
3850 ATHERTON ROAD, ROC IN, CA 95765
(1'4tAlE AND ADDRESS OF SUR.EM a
as Surety, are held and firmly bound unto the Owner the penal of
" - * dollars!1111ad
00-------- ).lawful.money of the United S ' for
the payment of which sum truly to be made,we bind ourselves,oVr heirs,elecutors,
administrators and successors,jo�ntly and severally,fim-iIy by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,that if said Prince,his or'ts heirs,
executors, administrators or supcessors, or assigns, shall. tail to pay ,or any n aterials,
provisions, or other supplies used in, or for any work or labor thereon cif any kir J or for
amount due under the Unemployment Insurance Act with respect to such,work orabo , of
the Revenue and Taxation Code of the State of California with respect toch work. r labor,
as required by the provisions of Chapter HL Division V, Title I,of the Government Co&--of
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the State of California, and provided that the persons, companies of corporaitons so
furnishmg said materials, provisions, or other supplies, appliances, or power use, i a, upon,
for, or about the performance of the work contracted to be executed or perform orany
person who performs work or labor upon same, or any person who supplies both v rork°and
materials, thereto, shall have complied with the provisions of said Government Cc de, then
said Surety will pay the same inor to an amount not exceeding the amount hereinvq set
forth,and also will pay in caset is brought upon this band,such reasona�le attorny's fees
faced to the owner as shall be ed byshe court`
This bond shall insure to the bnefit of any and all persons, companies;, and corl oraoons
entitled to file claims under&-fidi,3overnment Code, so as to give a right of action to there or
their assigns in any suit brought upon this bond. And the said Surety, for value i eceryed,
hereby stipulates and agrees that no change, extension of time, alteration,'or additin to the
*INC.
**THOUSAND, FIVE HUNDRED FIFTY-SIX DOI+ARS AND 00(100. !
terms of the contract or to the work to be performed thereunder or the sp 6 cations
accompanying the same shallin any way, affect its obligations on this bond, int does
hereby waive notice of any change,extension of time,alteration,or addition the term
of the contract or to theor to the specifications. Said Surety; hereby ves the
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Company and/or Surety that Tissue bonds and insurance security shahs be licei tsed to do
business in the State of Cali rnia and shall be a company acceptable to the I Mac ihawk
Geologic Hazard Abatement c#.
IN WITNESSEREOF, tt e above bonded parties have executed this instrur ient'iunder
their seals this .23RD ; day of_. JANUARY , W04, the narne, and
corporate seal of each pursuan to authority of its governing body. 4
ENGINEERED SOIL REAIRS, INC.
— - Principal
Signature of Principa(Seal)
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Title of Signatory
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FINANCIAL PACIFIC INSURANCE COMPANY
i Surety(Seal)
E
Signature of Surety
` � E
JOAN J. DALEY A4TORNEY-IN-FACT
Title of Signatory
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STATE OF CaldbrNa
SS
COUNTY OF Contra Costa
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on JANUARY 23, 2004! before me, Tanya Chinchilla,Notary Public
PERSONAUYAPPEAPED Jahn J, $a€ey
a
personalty known to me(amMm&nqq
Xj&=jW to be the prrsonW whose na ne(W ism subscribed to the
within instrument and acknowledged to me that helMSA�ft executed I
the sarrae in histla&*autharizod crxtAu kXiA.k and that by hi re
sign ature(ig)on the instrument the persd*4d.or the entity upon behalf'
of which the person{ atter executed{he instrument
TANYA rINI€€Li A
Commis€ 375153
W7 ES.S my hand and official seal Notary �'u 1c California
Contra costoicounty
Nty Comm.E)pires$ep 162tlOb
Signature
This aredfor Official otar rrl seat
OPTIONAL
Though the data below is not require!by law,it may prove valuable to persons relying on the d umet and could
prevent fraudulent reattachment of this form.
1
CAPACITY'CLAIMED BY SIQNER DESCRIPTION OF ATTAC 4Eb IDOCUMENT
CI INDIVIDUAL
0 CORPORATE OFFICER PAYMENT BOND## C 03 ' 8
TITLE OF,"TYPE OF E OCU ENT
T
0 PARTNER(S) EI LIMIT"
C3 GENERAL TWO (Q2) ! .
I ATroRNEY-IN-FACT NUMBER CE P GE$
CI TRIJSTEE(S)
C3 GUARDIAN/CONSERVATOR j
} OTHER:
JANUARY 23x 2004
DATA QF DOCL MENT
SIGNER IS REPRESENTING:
MW OF PEPSON(s)-OR amrfow
FINANCIAL PACIFIC INSURAN0 COMPANY
I
NIA
SIGNER(S)C}THER THAN NAMED ABOVE
10-IM(REV. ") AL, -PURPOSE ACKNOWLEDGEMENT
_ I _.. .... ..._ _. .. .._ _. ..... .. ........ ...............
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F 0 TIC A;;�tv W�,
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Bond # cs
Rider Containing
Disclosure Notice of`terrorism Covera' ge
The Terrorism Risk Insurance ,Act of 2002 requires Financial Pacific Insurance
Company (EPIC) to provide this disclosure notice. No action iso require on your part.
This Disclosure Notice is ir'corporated in and made part of the attached bond. The
actual coverage provided by this band for acts of terrorism is: limited by the terms,
conditions, exclusions, limns other provisions of the bond any end ernents and
generally applicable rules of.law.
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Effective November 26, 2008 any losses caused by a certified aft of terrc risco would be
partially reimbursed by tha United States of America to FDIC under 1a formula
established by the Terrorism Risk Act of 2002. Under this formula, The U ilted Mates of
America reimburses 90% 1 of covered terrorism losses exceeding he statutorily
established deductible paid Oy the insurance company providing the cove age.
There is a cap on FPICs lIlabllity to pay for such lasses if the aggreg to amount of
insured losses under The Act exceeds $100,000,000,000 during the applicable period
for all insured and insurers combined. In that case, we will not be liable or payment of
any amount, which exceeds that aggregate amount of$100,000, 100,000
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Your premium attributable t� coverage for terrorist acts certified sunder T Act is Zero
Dollars ($0.00). The cost oferrorism coverage is subject to change on any band where
premium Is charged annual
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Signed and Sealed this 234 day of JMuARY , 2004 i.
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Financial Pacific Insurance company !
z
J9 -. y , Att eJ-in-Fact
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[Corporate Sear
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STATE OF Calif0mis
SS
COMY OF Contra COSta
Can ,AjjjjARY'3 04 � before me, Tanya Chinchilla,Notar#1 Public
PEERSOAFAI..L.YAPP:ARED John J.Daley
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Personally known to tyre{
XVjdWjW to be the person4d whose na�e(10 islow subscribed to the
within instrument and acknowledged tO nw that hal*gft executed
the sante in h&jtjVMWaudwri,zed caj*i0fitt and that by h
signatura{jO on the instrtunent the pers4n(g or the entity upon behalf'
of which the person(W acted,executed Me instruntent; TANYA CHINCHILLA
Comrnls'ori 1375163 x
WITHESS my hand and eicial seal ai Notary Public { California a
Contra C35#t� County
My Comm. Sep 14 2006
Signature
This ares for t?, Seat
OPTIONAL.
Y a
Though the data below is not require by taw,it may prove valuable to persons relyln�on the d umqlnt and could
prevent fraudulent reattachment of Os form.
CAPACITY CLAIMED BY S1 'NER DESCRIPTION O;F ATTAC IED DOCUMENT
0 INDIVIDUAL 1
C CORPORATE OFFICER
TITLE O�TYKE OF t OCUMER—T
El PARTNER(S) Cl L.1Mt'r `()
I1 GENE[ AL ONE (0 l.) I
ATTORNEY-IN-FACT [ NUMBER OF P GE$
C1
TRUSTEE(S)
0 GUARDIAN/CONSERVATOR # JANUARY 23„ 2004
OTHER:
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SIGNER It REPRESENTING:
t .
14AME OF PWWN(5)OR T~MTY )
FINANCIAL PACIFIC INSURAN�E COMPANY
N/A
SIGNERS C1'rHER TH NA fED ABOVE
� � ......� E`OWER OF ATI
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Financial Paciflc Insurance Compa4y
BOND NUMBER POWER N�MBER 703:658
703658
PRINCIPAL ENGINEERED SOL REPAIRS, Ik. PENAL SUM
($32,556.60)
KNOW ALL MEN BY THESE PRESENTS'that Financial Pacific Insurance Company,a California corporation(the"Company"),
does hereby make,constitute and appoint:
John J.Raley C.Smith,M.R. Prenger,L.B. Barnett
its true and lawful Attorneys-in-Fact,with limited powf6r and authority for and on behalf of the Company 4S surety,toxecute,deliver anti affix
the seat of the Company thereto if a seal is required o bonds,undertakings,recognizances or other writtop obligation in tike nature thereof as
follows: Bid Performance,Payment,Sl bdivision and Miscellaneous Bonds up to$11,U ti1000.00
and to bind the Company thereby. This Power of A torney is siggned and sealed by facsimile under a4d by thea thorn of the following
resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duty,held July 6 t919 which are now in
full force and effect.
f
RESOLVED, that the President or an Vice,President, in conjunction with the Secretary or any Assistants Secretary, may a�iint
attorneys-in-fact or agents with authority as defined oiitimited in the instrurrient evidencing the appointment in each c se,fpr and on behalf of
the Company,to execute and deliver an affix the seal of the Company to bonds,unbdertakings,recognizarlces,and sur tyship obligations of all
kinds;and said officers may remove any such attorney in-fact or agent and revoke any power of attorney pkeviously gr inted such person,
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation ihall be valid an binding upon the
Company when signed and sealed (if a seal be required) by one or more attorneys-in-fact pursuant to a#d within tb lirikits of the authority
evidenced by the power of attorney issued by the Coml)any to such person or persons.
RESOLVED FURTHER,that the signature o any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing he execution and delivery of any bond, undertaking,recogniz rice,or other suretyship
obligations of the Company;any such signature and se�l when soused shall have the same force and effect as though manu4lly affixed.
IN WITNESS WHEREOF,Financial Pacific Insurance Company has caused these presents to be;signed by its proper officers,and its
corporate seal to be hereunto affixed this 15th ofNove0ber,2002.
bd = Robert C.Kingsley,Presiders ! R.Itollingsliead,S c taffy
`.. "?- !
�ffj�jr�f��!lltltlkkktktilG�`�,���~~
STATE OF CALIFORNIA,COUNTY OF SACRAME14TO
On this 15th day of November,2002,personall'came before me Robert T, Kingsley and John R.Hollingshea ,to rile known to be the
individuals and officers of Financial Pacific Insurance gompany,who executed the above instrument,and they have ack towlMized the execution
of the same,and being by rile duly sworn,did severally t,epose and say that they are the said officers of the corporation a orestiid and that the seal
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such o tcers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation. i
�- AIN SCHREMP
�Im.#1298 9
W
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Pt
onn� 27,ZD05 Ann Schremp,Notary Public
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Compan , a California corporation DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and Inas not been revoked an furthermore,that the resolutions of th Board of Directors set
forth,and that the relevant provisions of the By-Laws bf the Company,are now in full force and effect.
Signed and sealed at Sacramento,this 23RD day of 1ANII.ARY '20
Joisa T. o0ingshead,S cretary
KPiniancial
Pacif c
Insurance Company
seal must
be af'ftxed
�EIRTIFICATE-OF LIABILITY INSURANCIE
DATE(MWDO/YYYY)
01 23ZO4
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS Itii(3RIGHTS UPON THE CERTIFICATE
(WC) Fief fernan l nurance Brkra , � HOLDER.THIS CERTIFICATE GOES NOT AMEND,EXTEND OR
1350 Carlback ve Suite 200 JAP- 4 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Walnut Creek CFL 9 S96
Phone-. 925-934-85010 Paxt925-934-8278 INSURERS AFFORDING COVERAGE NAIL#
iNst1>tED INSURER A: GEMINI INSURANCE COMPANY
j INSURER B, AMBRICAN STATRS INS. 'COMP
8ngine rot, Soil. Repairs, Inc. INSURER C: STATE COMPENSATION INS. -µ-
T!Sark N lV to
12 67 S r% gbrorak Road INSURER D: LLOYDS OF LONDON
Walnut Creek CA, 94 596 —
INSURER E:
COVERAGES
THE POLICIES OF WSURAI ICE LIc TEO BELO%'HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TEft OR C DITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR
MAY PERTAIN.THE INSURo ACE, FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF.SUCH
POLICIES.AGGREGATE.LII 0TS Sf,OWN MAY HAVE BEEN REDUCED BY PAIL}CLAIMS.
LTR-INSR-0 TYPE 1NSU#tAItCE _ POLICYNUMBER DATEMMfD DATE
LLAFBI i I EACH OCCURRENCE $1,000,000
A
�GENE:RAAL
x MMERC GENERAL LIABILITY f VCGP007937 12/30/03 I 1.2/30/04 PRemtSES(EeS50,000
J CLAI MADE L_ OCCUR MEL)EXP(Any"person) $ 5,000
PERSONAL&AM INJURY $1,000,000
- 111 i GENERAL AGGREGATE $210 0 0,0 0 0
GEN'L AGGRFGA rE LfRt'T APPLIES PER: 111 PRODUCTS-COmP/OP AGG s 2,000,000
} POLICY I
JPLc r F Loc
t
AUTOMOBILE IJJ 11ILIT�' COMBINED SINGLE LINT
$110001000
It ANY AUTO E OICGO795453 1.1/30/03 1.1/30/04 (Eaaccldenl)
ALL OWNEC ASSTO}
BODILY INJURY $
j
SCHEDULE AUTOS (Pet perswty
EX HIRED A
LITT #
I BODILY INJURY S
x NON-OWN AUTOS i 11(Perecadent)
! PROPERTY DAMAGE `s
E t (fret accident)
0
j GARAGE LIABIL AUTO ONLY-EA ACCIDENT 5
ANY AUTO EA ACC $�
OTHER THAN .�._� S r AUTO ONLY; AGG $
EXCESSIUMSRE L*ILITY ;EACH OCCURRENCE $
OCCUR 'CLAIMS MADE ;AGGREGATE s
� s .
DEDUCTIS 's
RETENTION 5e; S
WORKEM COWEkSA rtON A10TORY LIMITS ER
EMPLOYERS`LIASIL
C ' 1.65373903 10/01/03 10/01./04 E.L.EACH ACCIDENT 1$1,000,000
ANY PROPRIMB R EXCPAR Nf Fdi ECUTLVE E.L.DISEASE-EA EMPLOYEE $1,0 0 0,0 0 0
OFFICER/MEMBERX"
f it yy� degate under �.�...
sPECIALPROVISIONSI elaav E.L.-DISEASE-fsOLfCY LIMIT s 1,000,000
!OTNEA 1
D Profeslsiona L-tab. NB03AD"YL 11/30/03 11/30/04 Limit $500,000
Retention $35,000
DESCRIPTION OF OPERA I L AT IONS f VEML€S/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re. 3130 Black avr Meadow Drive Repair Project. Blackhawk Geologic Hazard
Abatement Dint ici, it elected and appointed officers, employees and
volunteers are nsi4ed as additional insured as per attached endorsement. *10
days notice for n n-payment of premium.
CERTIFICATE HOLDER CANCELLATION
BLA(MH6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING,iNsURER WILL ENDEAVOR TO MAIL 3 0* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DQ 90 SHALL
Abet nt strict Bleck wk logic c t Hazard IMPOSE NO OSLOATTON OR UA 31UTY OF ANY MM UPON THE INSUR€R,ITS AGENTS OR
4125 B 'ack4awk Plaza Cl., #103 REPRESENTATIVES.
I7anvil a Chi 94506 AUTHORIZ ATIVE
ACORD 25(2001108) ( 0 ACORD CORPORATION 1988
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IMPORTANT
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If th'e ce ificate holder is an ADDITIONAL INSURED,the polio(ies)must be endorsed.A statement
on this rtificate does not confer rights to the certificate holde(in lieu of such endorsement(s).
If SUBR GATION IS WAIVED,subject to the terms and condi ions of the policy,certain policies may
require n endorsement.A statement on this certificate does n t confer rights to the certificate
holder i lieu of such endorsement(s).
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DISCLAIMER
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The:Ceficate of Isurance on the reverse side of this form does not constitute a contract between
the issui g insurer(s), authorized representative or producer,and the certificate holder,nor does it
affirmatl ely or ne Iatively amend,extend or alter the coverage!,afforded by the policies listed thereon.
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CORD 25(2001108)
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Names! to ured: Engineered Soil Repairs, Inc.
VE 0182 07 03
Policy: V GP007937
Effective Gate: 12130/03
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THIS E DORSI4MENT CHANGES THE POLICY, PL ASE READ IT CAREFULLY.
BLANKET ADDITIONAL 1NSUREbENDORSEMENT
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This endoIsement modifies insurance provided under thy; following:
COMMERIAL.GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED
OPERATgNS LIABLITY COVERAGE PART
A. $e ion I I—Who is An Insured is amended to incl de as an insured any person
or o Vanizati�n for whom you are performing operations when you and such
person organization have agreed in writing in a ntract or agreement that such
per on or organization be added as an additional!insured on your policy. Such
person or organization is an additional insured on y with respect to your ongoing
ope ations performed for the insured. A person's organization's statuses an
insu red under this endorsement ends when your operations for the insured are
corr pleted. s
S. With respect to the insured afforded these additio6l insured, the following
add tional exclusion applies:
i
ThiE insurance does not apply to: j
t
!. ;The preparing, approving, or failing lo prepare or approve, maps,
shop drawings, opinions, reports, surveys, field orders, change
orders or drawings and specification ; and
2. Supervisory, inspection, architectural or engineering activities.
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VE 0182 07 03