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HomeMy WebLinkAbout2004-154A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. 2004-154 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO YEAGER SKANSKA, INC. FOR INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER THE BNSF RAILROAD PER LETTER PROPOSAL, DATED JUNE 7, 2004. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Yeager Skanska, Inc. at 1995 Agua Mansa Road, Riverside, CA 92508 is a responsible bidder for Installation of Temporary Support for the Mt. Vernon Bridge over the BNSF Railroad per letter proposal dated June 7, 2004. A contract is awarded accordingly to said bidder in a not -to -exceed amount of $165,000.00; however, the exact amount will be determined based on time and material per section 9-1.03 of the California Standard Specifications for construction of local streets and roads, dated July 2002, but such award shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached as Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifications thereto 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, 2111 modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. 2004-154 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO YEAGER SKANSKA, INC. FOR INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER THE BNSF RAILROAD PER LETTER PROPOSAL, DATED JUNE 7, 2004. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ] t. reg. meeting thereof, held on the 7th day of June 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GINNIS x DERRY x KELLEY X JOHNSON x MC CAMMACK x City Clerk The foregoing resolution is hereby approved this -7'114 day of June , 2004. W Cl ammack, Mayor Pro Tem an Bernardino Approved as to form and legal content: L, ? -0 jq6es F. Penman, y Attorney 2004-154 EXHIBIT "A" AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 7th day of June , 2004, between the City of San Bernardino (hereinafter "City"), and Yeager Skanska, Inc. (hereinafter "Contractor"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, subject to the bonding requirements indicated below, Contractor agrees with the City, at Contractor's own proper cost and expense to perform all work necessary, including supplying all necessary equipment and material, to complete, in good workmanlike and substantial manner, the INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER BNSF RAILROAD in strict conformity with letter proposal, dated June 7, 2004, and designs to be provided by City, and also in accordance with Standard Specifications for Public Works/Construction, 2003 Edition, on file in the Office of the City Engineer, Public Works Division, Department of Development Services City of San Bernardino, which said Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The Payment and Faithful Performance Bonds shall be filed with the Engineer before the contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds, including payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in California 3. Contractor agrees to receive and accept the time and material rates set forth in the section 9-1.03 of the California Standard Specifications for construction of local streets and roads, dated July 2002, as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement in an amount not to exceed $165,000.00; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the 2004-154 EXHIBIT "A" manner and according to the letter proposal, dated June 7, 2004, and designs to be provided by the City, and requirements of the Engineer under them. 4. The Contractor herein covenants by and for himself or herself, his or herheirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. 5. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 6. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. 7. INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. 8. The Contractor shall indemnify and save harmless the City of San Bernardino, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5- 1.06, "Contractor's Liability". 9. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgements and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 10. LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by/or agent of the insurance company and shall be notarized to that affect. 2004-154 EXHIBIT "A" - ACCORD Forms are not acceptable nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) 11. Contractor shall maintain minimum limits of insurance no less than: a) General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Products/Completed: $1,000,000.00 c) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage. d) Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. e) Course of Construction: Completed value of the project. 12. A combined single limit policy with aggregate limits in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) shall be considered equivalent to the said required minimum limits set forth hereinabove. 13. WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance before execution of the contract. 2004-154 EXHIBIT "A" IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR Name of Firm: YEAGER SKANSKA, INC. BY: TITLE: Douglas d Aadland, Vice President MAILING ADDRESS: 1995 Agua Mansa Road _Riverside, CA 9250) PHONE NO.:(909 )_684-5380 CITY OF SAN BERNARDINO Wend} w_ ammack, Mayor Pro Tem City of San Bernardino ATTEST: kackt0,ta4 , RACHEL CLARK, City Clerk } APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney BY: 0 f vvvr eti 2004-154 Yeager SKANSKA June 7, 2004 Mr. Mike Grubbs, Acting City Engineer 300 North D Street, Third Floor San Bernardino, CA 92418 Fax 909-384-5155 Phone 909-384-5179 Temporary Support of Mount Vernon Overhead Gentlemen: EXHIBIT "B" Yeager Skanska Inc 1995 Ague Manse Road Riverside, CA 92509 Pttte 9OM84-5360 Fax 909-684-1644 Wet Reference is made to your meeting that was took place on June 4, 2004 at the Mount Vernon Overhead Bridge in San Bernardino. The purpose of this meeting was to view extensive cracking that has developed in the webs of various floor beams and has forced the closure of the structure to all vehicular traffic. Methods of temporarily supporting the structure and performing this work under an agreed emergency contract were also discussed. Based on our discussion in the field, we have estimated the cost of temporarily supporting the cracked floor beams in spans 7, 14, 18 and 19 to be $165,000.00. This estimate is based on the following and is subject to revision pending an approved final design: Six (6) complete timber falsework bents, transversely braced and longitudinally supported at the existing bridge supports. K-rail protection at all locations with the exception of span 7. The estimated cost includes the purchase of all materials necessary to provide the temporary supports. These materials would become the property of the agency issuing the emergency contract. 2004-154 EXHIBIT "B" ��Yeager SKANSKA June 7, 2004 Yeager Skanska, hic. proposes to furnish labor, equipment and materials to complete this work in accordance Section 9-1.03, Force Account Payment, of the State of California Standard Specifications for Construction of Local Streets and Roads dated July 2002 with the following understanding: 1. Premium time may be necessary to minimize impacts to on -going Yeager Skanska, Inc. projects. 2. Railroad insurance, flagging, traffic control and security to be provided by others. 3. Certain materials may require lead times of approximately 2 weeks. 4. Temporary support system to be designed by others. Thank you for considering Yeager Skanska, Inc. as the contractor that can provide the services necessary to complete this work. Should you have any questions, please call me at the number listed above. Best regards, James L. Moore Vice President 2004-154 PERFORMANCE BOND Premium: $1,172.00 KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 that Yeager Skanska Inc. 1995 Agua Mansa Road Riverside, CA 92509 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 (Here insert full name and address or legal title of Owner) as Obligee, hereafter called Owner, in the amount of One Hundred Sixty Five Thousand Dollars and 00/100 Dollars (s165,000.00 ), for the payment whereof Contractors and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 7 , 2004 , entered into a contract with Owner for Installation of Temporary Support for the Mt. Vernon Bridge over BNSF Railroad in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with Its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 10th day of June 2004 James L Moore, Vice presiders (Witness) L 1 J nifer E. Dirking (witness) a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract once," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract fails due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Uougw ,.(yAalpfand, vice president TRAVELERS ASUALTY AND SURETY COMPANY OF AMERICA sY ( mow. Bonnie . AtT tnip Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Dorurimni F,311, February 1970 edition. Page'i ui 2 S-1870-E (07-97) 2004-154 LABOR AND MATERIAL TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PAYMENT BOND Hartford, Connecticut 06183 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond No. 104276277 KNOW ALL MEN BY THESE PRESENTS: that Yeager Skanska Inc. (Here insert full name and address or legal title of Contractor) 1995 Agua Mansa Road Riverside, CA 92509 as Principal, hereinafter called Principal., and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called Surety, are held firmly bound unto City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner for the use and benefit of Claimants as herainbelow defined, in the amount of One Hundred Sixty Five Thousand Dollars and 00/100 Dollars ($165,000.00 ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severafy, firmly by these presents. WHEREAS, Principal has by written agreement dated June 7 1 2004 , entered into a contract with Owner for Installation of Temporary Support for the Mt. Vernon Bridge over BNSF Railroad In accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referrer) to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that If Principal shall promptly make payment to all claimants as hereinafter defined for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject however, to the following conditions: 1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract labor and material being construed to Include that part of water, gas, power, light, heat oil, gasoline, telephone service or rental of equipment directly arop irable to the Contract. 2) -he above -named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after We date on which the last of such daimarl work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such daimant , prosecute the su It to final judgment for such sum or rums as may be ;ustly due claimant, and have execufen thereon. The Owner shall not be liable forthe payment of any costs or expenses of any such suit. 3) No suit or action shah be commenced hereunder by any claimant: (a) Unless daimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above -named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fumished the last of the materials for which said claim is made, staling with substantial accuracy the amount claimed and the name of the party to whom the ATTEST: James L Moore, Vice President materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mall, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where on office is regularly maintained for the transaction of business, or served in any manner In which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, It being understood, however, that if any limitation embodied in this bond is prohibited by any taw controlling the rnnshiction hereof such limitation shall be deemed to be amended so as to be equal to We minimum period of limitation permitted by such law. (c) Other than in a state court of competent juriscidion in and for the county or other political subdivislon of the state In which the Project, or any part thereof, is situated, or in the United States District Court for the district In which the Project, or any part thereof, is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said Improvement, whether or not claim for the amount of such lien he. presented under and against this bond. Signed and sealed this 10th day of June 2004 r cat rt5 VriSUr�i T t T VUiwrr. By: _ _V_l____ `I ram_ Jennife irking (waresso— ay ~" Bonnie T. Atnip Printed in cooperation with the American Institute of Architects (AiA) by ITaveiers Casualty and Surety Company o America. this document conforms exactly to the language used In AIA Decurnent Ai 1, February 1970 edition. Page 2 of 2 OF Thelanguagein 3-1871-F (07-97) 2004-154 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 14, 2004 before me, Patricia Macias Notary Public, personally appeared Douglas J. Aadland ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons(&) whose name is/are subscribed to the within instrument and acknowledged to me that he/slieAhey executed the same in hislt ed*& authorized capacity(ies), and that by his/heB4he4 •+•••••••+•••••••••••++••+•••••••••••{ signature(s) on the instrument the person(s), or the PATRICIA MACIAS i entity upon behalf of which the person(s) acted, COMM #14727e0 executed the instrument. "WMY Pnetlo • CmV0 AA FATFOW COUWY ; .:.+•••...+•.:�:..ea :.�:':°:n::::�.�".::°:::; WITNESS my hand and official seal. I l�i 62� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance and Labor and Material Payment Bonds Document Date: June 10, 2004 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Douglas J. Aadland ❑ Individual ® Corporate Officer in Title(s): Vice President Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: Yeager Skanska Inc. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s)• Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: NIGHT THUMBPRINT OF SIGNER TOP OF THUMB HERE 2004-154 STATE OF CALIFORNIA COUNTY OF ALAMEDA ss. On June 10, 2004, before me, NERISSA S. BARTOLOME, Notary Public, personally appeared Bonnie T. Atnip, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NERISSA S. BARTOLOME Commission M 1426484 \ Notary Public • Calitomia Alameda County My Comm. Expires Jun 24, 2007 IngA4,4 4 O Nerissa S. Bartolome, Notary Public - California (Seal) Description of Attached Document: Yeager Skanska Inc. City of San Bernardino Installation of Temporary Support for the Mt. Vernon Bridge over BNSF Railroad Bond No.104276277 2004-154 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James W. Untiedt, Dermod E. Houweling, Jeffrey W. Parkhurst, Bonnie T. Atnip, Jennifer E. Dirking, Nerissa S. Bartolome, of Fremont, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 26th day of September, 2003. STATE OF CONNECTICUT }SS. Hartford ;4�]Ih�rL1] 71:/:f�317ti17 y��p \@ gJ� OSL rGI.SU,tY' J't\F41MFOgD.� ye- W IURiFORD. < Z �`,' 9 g 2(�- O \ems. J � CDNN. o • t TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 26th day of September, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 0My commission expires June 30, 2006 Notary Public 0 Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this loth day of June ,2004. wryp ,,ttY �ry0 L6U 7F07F0.0A By KoriM.Johanson Assistant Secretary, Bond 2004-154 la Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. 2004-1 54 =r..n01111 ACORD- CERTIFICATE OF INSURANCE DATE ;MMID 06/11/0/04• PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 39300 Civic Center Dr. Ste 390 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fremont, 94538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 510 -578-2000 COMPANIES AFFORDING COVERAGE License No. OC38887 coMPANvASt. Paul Fire & Marine RED INSU Yeager Skanska Inc. COMB NV P.O. Box 87 - ---- - --- - - COMPANY Riverside, CA 92502 c COMPANY D COVERAGES -I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRCO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MWDD/YY) DATE(MMIDDIYY) A GENERAL LIABILITY KK06500089 08/31/03 08/31/04 GENERAL AGGREGATE $4 000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE � `AI OCCUR PRODUCTS AGG $4 O00,000 _ ' I$4, 000 000 PERSONAL B ADV INJURY I OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $2 000,000 XZr Pro ect_ -_-_ , $2 000,000 FIRE DAMAGE (Any one fire) II/w'1 re ate FMEXP (Any one Person) $ 5,000 A AUTOMOBILE LIABILITY KK06500089 X_ ANY AUTO 77Y�08/31/04 COMBINED SINGLE LIMIT $2 OOO OOO r i ALL OWNED AUTOS - - I - ' BODILY INJURY $ SCHEDULED AUTOS (Perperson) AUTOS _HIRED NON OWNED AUTOS BODILY INJURY (Per accident) $ � PROPERTY DAMAGE $ LIABILITY LIABTY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY � UMBRELLA FORM � EACH OCCURRENCE AGGREGATE $ $ _ _— OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND WVK6500171 08/31/03 08/31/04 X' STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT _ $1 , 000,000 THE PROPRIETORI PARTNERS/EXECUTIVE INCL DISEASE -POLICY LIMIT $1 , 0 0 0, 0 0 0 OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE $1,000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS Re: Installation of Temporary support for the Mt. Vernon Bridge over (See Attached Schedule.) CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of San Bernardino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENI)ND g Department of Development Svcs. iD_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Work Division rDs mxxx 300 North I'D" Street ]&xwMxaumxMQ xB�mooxx¢c xx�Escx AUTHORIZEDREPRESENTA d_ San Bernardino, CA 92418-0001 w. ACORD 25S (3193)`1 of 2 #M226932 I DX N ©ACORD CORPORATION 1993 MUM I DESCRIPTIONS (Continued from page 1.) ' BNSF railroad. city of San Bernardino is included as additional insured per attached endorsement. 1(93)2 of 2 #M226932 2004-154 The ST. Paul ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY- INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection. How Coverage Is Changed There are two changes, which are described below. 1. The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: • your work for that person or organization; • your completed work for that person or organization if your contract or agreement requires such coverage; • premises you own, rent, or lease from that person or organization; or • your maintenance, operations, or use of equipment leased from that person or organization. We explain what we mean by your work and your completed work in the Products and completed work total section. If the additional protected person is an architect, engineer, or surveyor, we won't cover injury or damage arising out of the performance or failure to perform Architect, engineer, or surveyor professional services. Architect, engineer, or surveyor professional services includes: • the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; and • supervisory, inspection, or engineering services. 2. The following is added to the other primary insurance section. This change broadens coverage. We'll consider this insurance to be primary to and non-contributory with the insurance issued directly to additional protected persons listed below if: • Your contract specifically requires that we consider this insurance to be primary or primary and non-contributory; or • You request before a loss that we consider this insurance to be primary or primary and non-contributory insurance. Other Terms All other terms of your policy remain the same. Person Or Organization: City of San Bernardino, Development Services/Public Works, 300 North "D" Street, San Bernardino, CA 92418-0001 Named of Insured Policy Number Yeager Skanska Inc. KK06500089 Effective Date V 8/31/03 Processing Date June 11,2004 G0322 Rev. 12-97 Printed in U.S.A. Endorsement A , 2004-154 STATE OF CALIFORNIA COUNTY OF ALAMEDA ss. On June 11, 2004, before me, NERISSA S. BARTOLOME, Notary Public, personally appeared Deepa Neupane, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NERISSA S. BARTOLOME Commission # 1426484 s Notary Public - California > Alameda County .y My Comm. Expires Jun 24.200) -- 9114 4.4- Nerissa S. Bartolome, Notary Public - California (Seal) Description of Attached Document: Yeager Skanska Inc. City of San Bernardino Installation of Temporary support for Mt. Vernon Bridge over BNSF Railroad Additional Protected Persons Endorsement