HomeMy WebLinkAbout2008-405
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RESOLUTION NO. 2008-405
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 4 TO SERVICES AGREEMENT WITH LAN ENGINEERING
3 CORPORATION FOR PROVISION OF PROFESSIONAL PROJECT MANAGEMENT
4 SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE
BNSF RAILROAD.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is authorized to execute Amendment No.4 to the
Services Agreement with LAN Engineering Corporation for provision of professional project
management services for the design of Mt. Vernon Avenue Viaduct over the BNSF Railroad
(attached and incorporated herein as Exhibit "A").
SECTION 2. That the Director of Finance is authorized to augment the purchase order
13 in a total amount not to exceed $40,740.
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SECTION 3. This Amendment No.4 shall not take effect or become operative until
fully signed and executed by the parties and no party shall be obligated hereunder until the time
of such full execution. No oral agreements, amendments, modifications or waivers are intended
or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 4. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
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2008-405
1 RESOLUTION ... APPROVING AMENDMENT NO. 4 TO SERVICES
AGREEMENT WITH LAN ENGINEERING CORPORATION FOR PROVISION OF
2 PROFESSIONAL PROJECT MANAGEMENT SERVICES FOR THE DESIGN OF THE
3 MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at ajoint regular
meeting thereof, held
on the 20th
, 2008, by the following vote, to wit:
day of October
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Council Members: AYES
X
ESTRADA
BAXTER x
BRINKER X
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DERRY X
KELLEY X
JOHNSON x
MC CAMMACK x
ABSTAIN
ABSENT
NAYS
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~l~rk
The foregoing resolution is hereby approved this ~-J.Nfday of October, 2008.
o u
Patric J. Morris,
f San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
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111111 III
2008-405
EXHIBIT "A"
AMENDMENT NO.4 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this 20th day of October. 2008, between Lim
& Nascimento Engineering Corporation ("Contractor") and the CITY OF SAN BERNARDINO
("City)" .
WITNESSETH:
A. WHEREAS, on March 15, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-73, approving a Services Agreement with
Contractor for Professional Civil Engineering Project Management Services for
management of the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad; and,
B. WHEREAS, on July 6, 2004, the Mayor and Common Council of City adopted
Resolution No. 2004-215, approving Amendment No.1 to Services Agreement
with Contractor for Professional Civil Engineering Project Management Services
for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad; and,
C. WHEREAS, on December 20, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-399, approving Amendment No. 2 to Services
Agreement with' Contractor for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
D. WHEREAS, on September 17, 2007, the Mayor and Common Council of City
adopted Resolution No. 2007-382, approving Amendment No.3 to Services
Agreement with Contractor for Professional Civil Engineering Project
Management Services for management of the design of the Mt. V ernon Avenue
Viaduct over the BNSF Railroad; and,
E. WHEREAS, City has requested additional services not covered in said Services
Agreement, Amendment No.1, Amendment No.2 or Amendment 3; and,
F. WHEREAS, Contractor is agreeable to providing said additional services subject
to approval of proposed Amendment No. 4 to said Services Agreement (see
Attachment "A")' and
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G. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said additional services.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 of said Services Agreement is amended to read as follows: Contractor shall furnish
Professional Civil Engineering Project Management Services for management of the design
of the Mt. Vernon Avenue Viaduct over the BNSF Railroad, in accordance with the attached
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1;11111 III
2008-405
Exhibit" A"
Amendment No.4 10 Services AgreeJ)lent -Lim & Nascimenlo Engineering Corporation
Page 2 00
proposal from Contractor, dated September 18, 2008, attached hereto and incorporated herein
as Attachment "A".
2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
Agreement, Contractor shall be paid an additional not-to-exceed amount of $40,740.00* for
a total not-to-exceed amount as follows:
a) Staff approved Purchase Order (less than $25,000) . . . . . .. $24,650.00
b) Services Agreement approved per Reso. No. 2004-73 . . . .. 49,000.00
c) Amendment No. I to Services Agreement. . . . . . . . .. . . . .. 74,918.00
d) Amendment No.2 to Services Agreement. . . . . . . . . . . . . .. 55,700.00
e) Amendment No.3 to Services Agreement.................. . . . . .92,100.00
f) Amendment No.4 to Services Agreement (this request). . . . . .40.740.00
Total not-to-exceed amount. . . . . . . . . . . . . .$337,108.00
*Subject to division of costs as identified in Attachment A.
3. All other terms and conditions of the original Services Agreement, Amendment No.1,
Amendment No. 2 and Amendment No. 3 as approved by Resolution Nos. 2004-73, 2004-
215,2004-399 and 2007-382, respectively, shall remain unchanged.
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2008-405
Exhibit "A"
Amendment No.4 to Services Agreement -Lim & Nascimento Engineering COIporation
Page 3 of3
AMENDMENT NO.4 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
LlM & NASCIMENTO ENGINEERING
CORPORAT N
Date: IJ/lJ /CJ8
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by:
Si
(J. WILL-Mill{ NIfS CI M~ /c:I, I"rE5 (p.&v .,
Print NameITitle
Date: Af~"f
by:
BERNARDINO
ATTEST:
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Approved as to form:
JAMES F. PENMAN,
City Arney
By:
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011111 III
2008-405
ATTACHMENT "A"
IMI
LIM & NASCIMENTO ENGINEERING CORPORATION
Thursday, September 18,2008
Mr. Robert Eisenbeisz
City Engineer
City of San Bernardino
300 N. "0" Street, 3rd Floor
San Bernardino, CA 92418
Subject: Mount Vernon Avenue Bridge
Replacement Project
Supplemental Request No.5 (City Amendment No.4)
Dear Mr. Eisenbeisz:
On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project Management/Coordination Services for the Mount Vernon Avenue Bridge
Project. Originally the role was envisioned to provide a Senior Project Manager to
oversight the City's consultant. The original budget authorized by the City was $24,650.
Subsequently, the City terminated its consultant and asked LAN to take on a proactive
development role, leading a team to clear the environmental process and complete the
preliminary engineering including handling the coordination with the BNSF to lead to an
agreement for the replacement of the bridge. On February 16, 2004, LAN requested a
supplement (no. 1) to increase its budget to cover the additional scope in the amount of
$49,000 bringing the total to $73,650. On June 10, 2004, LAN requested a supplement
(no. 2) to increase its budget to cover the additional scope in the amount of $74,918.00
bringing the total to $148,568. On October 1,2004, LAN requested additional budget
(no. 3) to cover additional scope in the amount of $55,700.00 bringing the total to
$204,268.00. On May 18, 2007, LAN requested additional budget (no. 4) to cover
additional scope in the amount of $92,100. The City approved all four supplements.
Working together with the City, Caltrans, FHWA and BNSF, progress has continued to
be made. Principal achievements include preparing funding paperwork, preparing
staging and scheduling plans for use with the railroad, coordination with Caltrans Local
Assistance and Headquarters, organizing and implementing a Value Analysis Study,
oversighting the City's environmental consultant which resulted in the approval of the
Finding of Adverse Effect, submittal and partial approval of the Memorandum of
Agreement and lastly submittal of the Environmental Assessment to Caltrans.
In the process of the above work, LAN has expended nearly its budget. In view of the
above, we are requesting additional funds to allow us to complete additional
coordination with Caltrans on funding and continuous oversight reviews of the
Environmental Assessment and its Technical Studies. In addition, it has been
expressed that the City would like to continue Project Development Team meetings.
Lastly, revisions to the staging/scheduling plans are necessary to reflect comments from
the Value Analysis Study.
We understand the City is poised to retain a PS&E design team and therefore assume
that our role as Project Management support should be complete once we resolve the
pending issues of Funding and the Environmental Document.
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ATIACHMENT"A"
LIM & NASCIMENTO ENGINEERING CORPORATION
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SCODe of Services
The following is a detailed description of our Scope of Services.
Proiect ManaaemenllCoordination
Schedule and lead Project Development Team Meetings, assess needs for direction and
advise the City, manage the City's consultants to undertake project development
expediently, working towards the goal of obtaining environmental clearance and
agreement with BNSF.
Coordinate with City, Caltrans, BNSF, FHWA, Jones & Stokes and other members of
the design team as needed to develop the project.
Meetinas
Call, hold, and lead project team meetings as needed.
Railroad Enaineerina / BNSF Coordination/Aareements
Revise alternative staging/scheduling plans for the demolition and reconstruction of the
Mount Vernon
Environmental Proiect ManaaemenllCoordination
Coordination between Caltrans Environmental and Jones and Stokes, which includes
following up on reviews and submittals, and other tasks as necessary that would be
required when processing an environmental document through the Local Assistance
process. Quality Control/Quality Assurance (QC/QA) review prior to documents being
submitted to Caltrans, which would ensure that the submittal would be complete and
uses appropriate Caltrans format.
Fee ProDosal
LAN proposes to perform the above civil engineering services on a time and material
basis, for a fee not to exceed $40,740 without prior authorization from the City. This is
an on-call, as-needed effort.
Person Hrs RatelHr Subtotal
William Nascimento, PE, SE 48 $175.00 $ 8,400
Alicia Colburn 230 $110.00 $ 25,300
Todd Dudley 32 $ 130.00 $4,160
Ray Andresek 32 $90.00 $2,880
Total
$ 40,740
This additional supplement brings the total cost to $337,108.00
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2008-405
ATIACHMENT "N'
LIM & NASCIMENTO ENGINEERING CORPORATION
IMI
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (949) 357-9015
Sincerely,
LAN Engineering Corp.
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G. J. William Nascimento, PE, SE
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Thiscertificalcisexccutcd Li
such insLnnce as is afforded those ies.
Cel"lilklte on.......ce
Thisccrtificale is issued Il$a maaerorinformtlion only andconfers norighlsupon the ccrtilicateholder. Thisoertificatc is not.. insunmcepoJiey and docs not affirmatively orncptivdy amend, exICnd, or
ahcr the covcnge afforded by the policies listed below. Policy limits ~ no less than those lisIcd, al1bouJh: policies n&I:y include additional subJimits not listed below. Policy limib may be rcWced by dams
"'.......
nis ilto certify dlat (Name ud addreu 0' Insured)
Mutuallnsw1lDCC
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BM0068
LIM & NASCIMENTO ENGINEERING
20 EMPIRE DRIVE
LAKE FOREST. CA 92630
~ Libert):
tP Mutual...
is,1l the iauedllc oflhill ccrtitbIe. iasurcd by the CoInpey underlho poIicy(ia) listed below. The m.nncc IIIIWUaI by Ihe listed poIicy(ies) is subject to aU tbelrlaml, exc.... ani condidons and
isnotaltcftd lam or concIitim of - CCI'IhcC or ocher document with rsnect to which this CIItificIIIe mIY be iIIucd.
E.plnd.. Type Eltllm. Dab(.) PoIIev N.lO_.I Umlts ofLlability
Continuous. 0910112008/0910112009 WC2-161-%535~38 Cove.... afforded UDder WC low of Employen LIability
fo- Extended tho fol1owlq ......, Bodily I.Jory By Acelde.t
f0-
X Policy Term CA $1,000,000 Each Aedd..t
Bodlly IlIjory By DIseue
$1,000,000 Polley Limit
Worken Compelll8t1o. Bodlly IlIjury By DIseue
$1,000,000 _ Ponou
1211512007/1211512008 TB2-161-%535~57 Go.en! A_te-Otber tba. ProdICompleled Opentlo..
Ge.enl Liability $4 000,000
@ Claims Made I ProcIoctslCompJeted Opendo.. AanPte
$4 000 000
X Occarmtcc Bodily Injury and Property Dama.. LIability Per
$2 000 000 Oet:arreace
I Retro DIlte I Penoooland Advertlslnl InJnry Por Penon I
$1 000 000 I o......izlItIon
Otber LIability OtIIer LIability
$500 000 FIRE DAMAGES $5,000 MEDICAL EXPENSES
1211512007/1211512008 AS7-161-%535~7 Each A<ddent - SiDlle Limit. B. L ..d P. D. CombiDed
Automobile LlabUlty $1 000,000
Eoeb PenGII
~Owned I Eac. Aceideat or Oceurre.ee
X Non-Owned
X Hired
Each AecJdeat or Oceurrenee
C Project: Mt Vernon A venue Viaduct over tho BNSF Roi1n:od (bridgej/ S4COO66)
0 Per items 3 and 4 offonn LG3180 0505. City of San Bemudino. Dewlopmem Scrvic:c Dcp8rtment Public: WorbIEngineering are additional insuml on the General Liability
M policy irrequired by a wri.... _ with tho N......!nJuml, but only for tho co_ and IImitJ provided by tho policy and odditionoI insun:d
M endoncllWint.
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IMPORTANT (rdle c:ertllbt: IIoIder is.. ADDf110NAL INSURED. the po&y(ia) III\lIIt be endorwd. A......... on dill ~~ does not co.fCf....... tbe ceti"'lIoIder in lieu _Of.... CIIllor-.nl(s). If
SUBROGATION IS WAIVED. suIIjecl: Ig 1M foms"'~of1hepolicy.1latIIn pDlieicsmay require........... A __ OIl1his~doanot confer rf&I* IolheCleltlftclte holder In lleuofsuch ........__...
The li:lllowin,IppIieaOllIy wilh IelpCCtto I--=c lilr...,1:IrriIn reai*nd'" Florida: AI pnwidId filr In FIa. StIt., 32G.02(S)(e). iMliJeed "*"- poIky may... boClllCldIod 011'" ...lOdays..... nodce ~ die illM'a'
to the DcpMmentorHwy SIIlky" Mellor Vehlola, such 30. lIllliI;II; Ig COlIIIIlCIICIC.... dllellOlb ilNcei.! by die o.p.anent.
Notic:eorcancellltioa: (nDI........Illl....numberofdaysil~beIow). Nodceofc-JlllbtdoallOClpp/ywlapolk:y(Ia)_l;IIICCledduclo_~ofpranilllll. ..IIleSlakdaplnaion_dlcClOlllflMY
willnocClllllCI<<R:ducelhei_llli:rdedllllderdlelboYepoliciellllltll....Jld8ysllOtk:eofllldl~'*...maUedlOlhebdowlbledCertifklteHolder.
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Office, ORANGE. CA Phone: 714-937-1400 "~r 6' J
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Certificate Holder. MY LE-NGUYEN
Attn: Michael W Grubbs, Project Manager Autborized ReDreseatative
C~ty of San Bernard~no, Development Servlce Department
PUblic Work/Engineering
300 North D
San Bernardino, CA 92418-0001
Da.. I..ued, 11/11/2008 Prepared By: JF
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LG 3180 0505 - Liberty Direct Solutions for Contractors
ITEM 3. ADDmONAL INSURED-ONGOING OPERATIONS-AUTOMATIC STATUS
CG 2033 07 04 Additional Insured - Owners, Lessees, or Contractors Is added to your polley.
A. SectIon II - Who Is An Insured is amended to include as an additional insured any person or organization
for whom you are perfonnlng operations when you and such person or organization have agreed in writing in
a contract or agreement that such person or organization be added as an additional insured on your policy.
Such person or organization is an additional insured only with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the
additional insured.
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the
failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b. Supervisory, Inspection, architectural or engineering activities.
2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment fumished in connection with such work, on the
project (other than service, maintenance or repairs) to be performed by or on behalf of the additional
insured(s) at the location of the covered operations has been completed; or
b. That portion of "your work" out of which the injury or damage arises has been put to its intended use
by any person or organization other than another contractor or subcontractor engaged in perfonning
operations for a principal as a part of the same project.
ITEM 4. OPTIONAL COVERAGE. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS _
COMPLETED OPERATIONS - WHEN SHOWN IN SCHEDULE
xx If this box Is checked, CG 2037 07 04 Addltlonsllnsured - Owners, Lessees or Contractors _
Completed Operations is added to your policy as follows:
SectIon 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the attached Schedule endorsement, but only with respect to liability for "bodily injury" or "property
damage" caused, in whole or In part, by "your work" at the location designated and desaibed in the schedule of
this endorsement performed for that additional insured and Included in the "products-compleled operations
hazard".
The coverage provided by Item 4. applies in conjunction with CG 2033 07 04, as provided by Item 3., above.
LG 3180 0505
Page 1 of2
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LG 3180 0505 - liberty Direct Solutions for Contractors
Thil encIon<<nInt II executod by the
Thlleooo......m 111_ by the company _ deligllltlld by In Il1try In the box oppoolt8 ill narno
( ) LIBERTY MUTUAL INSURANCE COMPANY
Pl1lfTllum [X) LIBERTY MUTUAL FIRE INSURANCE COMPANY
( J LIBERTY INSURANCE CORPORATION
Effective Date: t2l1512007 ElqlInItIon Date: 1211512008 [ ) LM INSURANCE CORPORATION
[ ] THE FIRST LIBERTY INSURANCE CORPORATION
For al1aChmontto Polley No. TB2-161-065359-057
Aud~ BaaiI:
lasued to: L1M & NASCIMENTO ENGINEERING
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Countersigned by... ...... ......... ......... ......... .. ............ ...... ......... ......
Authorized Representative
ISlued: 121112007 JF
SaI.. Office and No. ORANGE. CA I 0602
LG 3180 0505
Page 2 of 2
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CUe-: 10898 8085359
ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (IIIIIDDm'YV)
11/11108
- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Helmsman Inaul'8nce Agency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CA Ucen..: 0E48175 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 95401
Hoffman EsQMa,IL 80195-5401 INSURERS AFFORDING COVERAGE NAJC .
IlllURE. INSURER '" L10Yda
Llm & Nuclrnento Engl....rlng INSURER B:
20 empire Drive INSURER c:
llIke Fonat, CA 92830 INSURER D:
INSURER E:
COVERAGES
THE POlICIES OF INSURANCE USTEO BELOW HAIlE SEEN ISSUED TO THE INSURED NAMED /4BOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING
/W'( REQUIREMENT, TERM OR CONDITION OF /W'( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED SYTHE POUCIEB DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POUCIE8. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
TYPI CIf' INIURANCE
_......UAIIIIJT't
COMMERCIAl. GENERAL LIA8I.ITY
CLAIMS MADE D CXCUR
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$
$
MED EXP one ,
PERSONAL. &NN INJURY ,
GENERALAOGREGATE S
PRODUCTS. COMPIOP AGO S
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All OWNED AUTOS
SCHEDULa> AUTOS
HIRED AUTOS
NON-OWNEIl AUTOS
GARAClI!UAR/TY
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EXCEIMIMBREUA LIA8LJTY
OCCUR 0 ClAIMS MADE
DEDUCTIBLE
RETENTION $
WORKEJIa COMNNIATION AND
--....... UAIIIIJT't
ANY JIlROrru.:.. ORIPARTNERIEXECUTJVE
OFFICERIMEMBER EXa.UDED?
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A ana ProfeuIon8l PLlMOO108 10101108 10101109
SIR: $75,000
A Promalonal Uab PLlM00208001 10101108 10101/09
DESCRPnON OF OPERAnDNIl LOCAnotIS/Y!HICLI!I' ~ I...... ADDeD BY !NDOIUIEMENT, P!CW. PRCMIION8
Project: Mt Vernon Avenue Viaduct 0YlII' the BNSF Railroad (brldgetl
54COO98).
CERnFICATE HOLDER
CANCEUATION
atfOUI.D NI'I Of THE A8OY! D!ICRI8!D POLICI!IB! CANC!LLED 8EPORE THE I!XPtRATIDN
City of San Bernardino, DATE THEREOF, THl.IS8UING IllUReR WILL END!A.VOft TO MAL --3a.... DAYS WRmEN
Development Sarvlce Depsrtmsnt N011CI: TO THE CERTIFICATE HOLDIR NAMeD TO THI LUT. BUT FALURe TO DO 10 SHALl
Public WorklEngl....rlng IMPOSE NO OIII.JGATION OR LIA8LITY OF Nl'lIOND UPON THE INSURER, ITS AGeNTS OR
Attn: Mlcha.1 W Grubbs Pro] Mgr REPRUENTATIVU.
300 North D ~~
San I .CA
ACORD 25 (2001/08) 1 of 2
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1ECG
Ii ACORD CORPORATION t988
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IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the poIlcy(las) musl be endorsed. A statement
on this certificate does not confer rights to the certlfIcata holdar In lieu of such endorsameni(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poIicias may
require an endorsement. A statamant on this certiftcate does not confer rights to the certificata
holder In lieu of such andorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this fonn does not constituta a contract betwaen
the issuing Insurer(s), authorized representative or producer, and the certificata holder, nor does R
afllnnatively or negatively amend, extend or altar the coverage afforded by the poIk:1as Hstad thereon.
ACORD 25-8 (200tlO8) 2 of 2
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