HomeMy WebLinkAboutCDC/2010-31
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RESOLUTION NO. CDC/2010-31
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AWARDING A PUBLIC WORKS
CONSTRUCTION CONTRACT ("CONSTRUCTION CONTRACT"),
APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE
DIRECTOR OF TlIE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO ("AGENCY") TO EXECUTE THE CONSTRUCTION
CONTRACT BY AND BETWEEN THE AGENCY AND WEKA, INC. AND
AUTHORIZING THE FUNDING OF SAID CONSTRlJCTION CONTRACT
AMOUNT (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing at
12 Section 33000 and is authorized to construct improvements located within the approved
13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL;
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15 WHEREAS, the Community Development Commission of the City of San Bernardino (the
16 "Commission"), as the governing board of the Agency, seeks to enter into a Public Works
17 Construction Contract (the "Construction Contract"), by and between the Agency and Weka, Inc.
18 ("Contractor"), in the form as attached hereto as Exhibit "A" for the relocation and construction of a
19 sanitary sewer line for the new State Courthouse to be located at 247 West 3rd Street. San
20 Bernardino, in the Central City East Redevelopment Project Area; and
21 WHEREAS, on April 21, 2008, the Mayor and Common Council of the City of San
22 Bernardino ("Council") approved and consented to a Real Property Acquisition Agreement
23 ("Agreement") for the disposition of that certain real property consisting of approximately 7.7 acres
24 (APN: 0135-221-22) located at 247 West yd Street which is bounded by yd Street to the north,
25 Arrowhead A venue to the west and 2nd Street to the south ("Property") in the Centra! City East
26 Redevelopment Project Area ("Project Area"), to the Judicial Council of California Administrative
27 Office of the Court ("AOC"); and
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1 WHEREAS, the Agreement provides for the Property to be developed into a new
2 Courthouse with 36 new courtrooms, Office of the Clerk of the Court, Executive Offices, security
3 operations, and holding areas with 485 parking spaces totaling approximately 356,000 square feet
4 with a 12 story building and costing approximately $303 million ("Project"); and
5 WHEREAS, the Agreement also provides for the Agency to relocate the existing sanitary
6 sewer line and other infrastructure located below the surface of the Property prior to the close of
7 escrow for the Project; and
8 WHEREAS, bids to relocate and construct the sanitary sewer line were solicited on April 28,
9 2010, and five (5) bids were received on May 25, 2010, with the Contractor as the lowest
10 responsible bidder in the amount of$389,236; and
11 WHEREAS, on November 17, 2008 and May 4, 2009, the Agency entered into the
12 Agreement for a sanitary sewer line relocation study and Amendment No.1 to said Agreement for
13 engineering design/construction management with Willdan Engineering for $67,654 and $212,277
14 respectively; and
15 WHEREAS the balance of said Agreement and Amendment No.1 is $165,743; and
16 WHEREAS, Agency Staff recommends that the Commission (i) award the Construction
17 Contract to the Contractor as the lowest responsible bidder, (ii) approve and authorize the Interim
18 Executive Director of the Agency to execute said Construction Contract in the form as attached
19 hereto as Exhibit "A", and (iii) authorize the expenditures of a portion of the funds from the EB-5
20 foreign investor loan to the Agency in the form of the Tax Exempt Promissory Note Series 2009
21 (the "Note") and the Loan Agreement with CMB Infrastructure Investment Group III, L.P. to pay
22 for the construction and construction management of the sanitary sewer line: and
23 WHEREAS, this Commission will defer until a later date, any further action pursuant to
24 Health and Safety Code Section 33445 relative to the use of tax increment revenues for the payment
25 in whole or in part of the costs of the construction of the sanitary sewer line under the Construction
26 Contract and the repayment or refinancing of the Note, whether in whole or in part.
27 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
28 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
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1 FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true and
3 correct.
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Section 2.
The Commission hereby awards the publicly bid contract to the Contractor as
5 the lowest responsible bidder and approves the Construction Contract between the Agency and the
6 Contractor attached hereto, incorporated herein by reference, and waives any irregularities in the bid
7 as submitted by the Contractor as permitted by the bid documents.
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Section 3.
The Interim Executive Director of the Agency is hereby authorized to execute
9 the Construction Contract on behalf of the Agency in substantially the form attached hereto as
10 Exhibit "A," together with such changes therein as may be approved by the Interim Executive
11 Director of the Agency and Agency Counsel. The Interim Executive Director of the Agency or such
12 other designated representative of the Agency is further authorized to do any and all things and take
13 any and all actions as may be deemed necessary or advisable to effectuate the purposes of the
14 Construction Contract, including making non-substantive modifications to the Construction
15 Contract.
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Section 4.
This Commission hereby authorizes the payment of the costs of the
17 Construction Contract and the cost of the Construction Management for the sanitary sewer line
18 project to be funded in its entirety at this time from the net available proceeds of the Note and defer
19 the consideration of a resolution pursuant to Health and Safety Code 33445 to a later date.
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Section 5.
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Commission.
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This Resolution shall take effect from and after its date of adoption by this
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CDC/2010-31
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AWARDING A PUBLIC WORKS
CONSTRUCTION CONTRACT ("CONSTRUCTION CONTRACT"),
APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO ("AGENCY") TO EXECUTE THE CONSTRUCTION
CONTRACT BY AND BETWEEN THE AGENCY AND WEKA, INC. AND
AUTHORIZING THE FUNDING OF SAID CONSTRUCTION CONTRACT
AMOUNT (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a j oint regular
9 thereof, held on the ~~~_day of June
10 Commission Members: Ayes Nays
11 MARQUEZ X
12 DESJARDINS X
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13 BRINKER X
14 SHORETT X
15 KELLEY X
16 JOHNSON X
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17 MC CAMMACK X
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meeting
,2010, by the following vote to wit:
Abstain
Absent
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Secretary
9~day of_June
,2010.
The foregoing Resolution is hereby approved this
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~
atric J. Morris, Chm on
1Unity Development Commission
of the City of San Bernardino
25 Approved as to Form:
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Agency Co sel
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EXHIBIT "A"
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Form of Public Works Construction Contract
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EXHIBIT "A"
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Form of Public Works Construction Contract
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PUBLIC WORKS CONSTRUCTION CONTRACT
WEKA, INC.
THIS PUBLIC WORKS CONSTRUCTION CONTRACT (the "contract or Contract") is made
and entered into this ih day of June, 2010, by and between Redevelopment Agency of the City of San
Bernardino (referred to herein as the "Owner" or the "Agency") and Weka, Inc. (the "Contractor").
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
1. THE CONTRACT DOCUMENTS. The complete Contract is comprised of and includes:
a. the Notice Inviting Bids
b. the Instructions to Bidders
c. this Contract
d. the Bidder's Infonnation and Signature page
e. the Bid Form
f the Bidder's Acknowledgement of Addenda
g. the Workers' Compensation Certificate
h. the accepted Bid
1. the Bid Schedule
J. the Non-Collusion At1idavit
k. the Certification of Insurance Coverage
1. the Certification (Fair Employment and Housing Commission Regulations)
m. Public Contract Code Section 10285.1
n. Public Contract Code Section 10162 Questionnaire and Public Contract Code 10232 Statement
o. Certificate and Designation of Subcontractors
p. the Performance Bond
q. the Labor and Material Bond
1'. the General Conditions
s. the Special Conditions
1. the Specifications and Plans
u. any Addendums
v. the complete plans and provisions, regulations, ordinances, codes, and laws incorporated
therein or herein by reference or otherwise applicable to the work.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said
documents. The documents comprising the complete Contract are hereinafter referred to
collectively as the Contract Documents.
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2. THE WORK. The Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor
and materials (except that specifically mentioned as being furnished by others) necessary to
perforn1 and complete the work in a good and workerlike manner as called for, and in the manner
designated in, and in strict conformity with the Plans, Detail Specifications, and other Contract
Documents which are identified by the signatures of the parties to this Contract and are,
collectively entitled:
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 WEST 3rd STREET, SAN BERNARDINO, CA
3. CONTRACT PRICE. The Agency agrees to pay and the Contractor agrees to accept, in full
payment for the work above agreed to be done, the following compensation, to-wit: Amounts as
determined by applying unit prices contained in the Contractor's Bid Schedule to the actual
quantities used for the work.
For the purpose of fixing the amount of bonds referred to in Section 3-1.02 of the Instructions to
Bidders, it is estimated by both Parties that the total Contract price based on the foregoing is three
hundred eighty-nine thousand two hundred thirty-six dollars ($389,236.00).
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting
the true value of any work done or any work omitted, or of any extra work which the Contractor
may be required to do, or respecting the size of any payment to the Contractor during the
performance of this Contract, the dispute shall be decided by Arbitration pursuant to California
Code of Civil Procedures 1281, et seq., and the decision shall be subject to appellate review by the
San Bernardino Superior Court. Under no condition shall there be a cessation of work by the
Contractor during any such dispute. This Section does not exclude recovery of damages by either
party for delays.
5. PAYMENT. Not later than the 20th day of each calendar month, the Contractor shall submit a
partial payment request to the Agency on the basis of an estimate approved by the Engineer of the
work performed since the last partial payment request during the preceding month by the
Contractor with ten percent (10%) of the amount of each such estimate retained by the Agency,
until completion of the work and the recordation of a Notice of Completion of all work covered by
this Contract. The Agency shall make any partial payments provided for in this Contract to the
Contractor within thirty (30) calendar days after the Agency's receipt of an undisputed and
properly executed partial payment request from the Contractor.
The Agency shall pay the Contractor interest on the amount of any portion of a partial payment,
excluding retention amounts, not made to the Contractor within thirty (30) calendar days after the
Agency's receipt of an undisputed and properly executed partial payment request from the
Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon
receipt of a partial payment request from the Contractor, the Agency shall review the partial
payment request for the purpose of determining whether or not the partial payment request is a
proper partial payment request. Any partial payment request determined by the Agency not to be
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a proper partial payment request suitable for payment shall be returned to the Contractor by the
Agency within seven (7) calendar days after the Agency's receipt of such partial payment request.
A partial payment request returned to the Contractor by the Agency under the provisions of this
Section shall be accompanied by a written document setting forth the reason(s) why the partial
payment request is not proper. The number of days for the Agency to make a certain partial
payment provided for in this Contract, without incurring interest pursuant to this Section, shall be
reduced by the number of days by which the Agency exceeds the seven (7) day return period for
such partial payment request, if determined to be improper, as set forth in this Section. For the
purposes of this Section, a "partial payment" means all payments due to the Contractor under this
Contract, exclusive of that portion of the final payment designated as retention earnings. Also, for
the purposes of this Section, a partial payment request shall be considered properly executed by
the Agency, if funds are available to pay the partial payment request and payment is not delayed
due to an audit inquiry by the Agency's financial officer. The Agency will release Contractor's
retention earnings within forty-five (45) calendar days after recordation of Notice of Completion.
as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the
work by the Agency shall constitute the Agency's acceptance of the work.
6. TIME FOR COMPLETION. All work under this Contract shall be completed within a period
of ninety (90) working days from the date of the Contractor's receipt of Notice to Proceed from
the Agency.
7. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its
employees or those under it by Contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by
delay authorized by the Agency, or by any justifiable cause which the Engineer shall authorize,
then the Contractor shall make out a written claim addressed to the Agency setting forth the reason
for the delay and the extension of the time requested and forward a copy of the claim to the
Engineer for approval. The Engineer will evaluate the claim and if the claim is justifiable, will
request the Agency's approval. No such extension will be allowed unless written claim therefore
has been made within three (3) days after the delay became apparent.
This Section does not exclude the recovery of damages for delay by either party under other
provisions in the Contract Documents and Contractor specifically acknowledges that he has read
and agrees to the provisions of Section 4-1.05 in the Special Provisions relating to liquidated
damages.
8. LABOR PROVISIONS. The work is a "public work" as defined in Labor Code Section 1720, et
seq. The Contractor and all subcontractors shall pay each craft or worker employed on this Project
not less than higher of the prevailing wage rates specified under the State of California Department
of Industrial Relations requirements and specifications. The Engineer shall have the right to
interview any craft or worker on the Project in order to verify payment of prevailing wage rates in
accordance with the State of California Department of Industrial Relations Requirements and
Section 1773 of the Labor Code. Prevailing wage shall comply with current rates and all updates.
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9. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As used
in the following provision, the term "laborers" and "mechanics" include watchmen and guards.
a. Overtime Requirements. Neither the Contractor nor any subcontractor contracting for any
part of the Project which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any work week in which he or she
is employed on such work to work in excess of forty (40) hours in such work week unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
(1 Yz ) times the basic rate of pay for all hours worked in excess of forty (40) hours in such
work week, whichever is greater.
b. Violation, Liability for Unpaid Wages, Liquidated Damages. In the event of any violation
of the provision set forth in paragraph a. above, the Contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and
subcontractor shall be liable to the Agency for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the Section set forth in paragraph a. above,
in the sum of $10 for each calendar day on which such individual was required or
pennitted to work in excess of the standard work week of forty (40) hours without
payment of the overtime wages required by the Section set forth in paragraph a. above.
c. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any monies payable on account of work performed
by the Contractor or subcontractor under any such contract or any other Agency contract
with the same Contractor, or any other federally-assisted contract subject to the contract
Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the Section set forth
in paragraph b. above.
d. Working Conditions. Neither the Contractor nor any subcontractor may require any
laborer or mechanic employed in the perfonnance of any contract to work in surroundings
or under working conditions that are unsanitary, hazardous or dangerous to his health or
safety as determined under construction safety and health standards (29 CFR Part 1926)
issued by the Department of Labor.
e. Subcontracts. The Contractor and any subcontractor shall insert in any subcontracts the
Sections set forth in paragraphs a. through d. and also a Section requiring the subcontractor
to include these Sections in any lower tier subcontracts. The Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the
Sections set forth in paragraphs a. through d.
10. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the US Department of
Transportation Federal Highway Administration, Title 49, Code of Federal Regulations, Part 21,
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as they may be amended from time to time (hereinafter referred to as the "Regulations"), which
are herein incorporated by reference and made a part of this Contract.
11. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the Contract covers a
program set forth in Appendix B of the Regulations.
12. [RESERVED]
13. CIVIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive
Orders and such rules as are promulgated to assure that no person shall, on the grounds of age,
race, color, religion, creed, sex, sexual orientation, marital status, national origin, ancestry, familial
status, source of income, medical condition, mental or physical disability or any other protected
classes of persons and groups of persons as may be considered as such by any local, State or
Federal law and as shall be required pursuant to Health & Safety Code Sections 33050, 33435 and
Section 33436, be excluded from participating in any activity conducted with or benefiting from
Federal assistance. This Provision binds the Contractor from the bid solicitation period through
the completion of this contract. This provision shall be inserted in all subcontracts, subleases and
other Contracts at all tiers.
14. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Contractor of the Contractor's obligations under this Contract and the Regulations
relative to nondiscrimination on the grounds of race, color or national origin.
15. INFORMATION AND REPORTS. The Contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of the Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor shall certify to the Agency, as
appropriate, and shall set forth what efforts it has made to obtain the information.
16. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this contract, the Agency shall impose such Contract sanctions
as it may determine to be appropriate, including but not limited to:
a. Withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
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17. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting
system. The Agency or any of their duly authorized representatives shall have access to any
books, documents, paper, and records of the Contractor which are directly pertinent to this
Contract or the work for the purposes of making an audit, examination, excerpts, and
transcriptions. The Contractor shall maintain all required records for three (3) years after the
Agency makes final payment and all other pending matters are closed.
18. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract
are subject to regulations issued by the Agency. Information regarding these rights is available
from the Agency.
19. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the
part of the Contractor or its subcontractors may result in the suspension or termination of this
Contract or such other action that may be necessary to enforce the rights of the Agency under this
Contract. The duties and obligations imposed by the Contract Documents and the rights and
remedies available there under shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
20. TERMINATION OF CONTRACT BY AGENCY
a. The Agency may, by written notice, terminate this Contract in whole or in part at any time,
either for the Agency's convenience or because of the Contractor's failure to fulfill its
Contract obligations. Upon receipt of such notice, services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have been
accumulated in performing this Contract. whether completed or in process, delivered to the
Agency.
b. If the termination is for the convenience of the Agency, an equitable adjustment in the
contract price shall be made, but no amount shall be allowed for anticipated profit on
unperformed services.
c. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may
take over the work and prosecute the same to completion by contract or otherwise. In such
case, the Contractor shall be liable to the Agency for any additional cost occasioned to the
Agency thereby.
d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that
the Contractor had not so failed, the tem1ination shall be deemed to have been effected for
the convenience of the Agency. In such event, adjustment in the Contract price shall be
made as provided in paragraph b of this Section.
e. The rights and remedies of the Agency provided in this Section are in addition to any other
rights and remedies provided by law or under this contract.
21. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this
Contract in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations of directives issued pursuant thereto. The Contractor shall take
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such action with respect to any subcontract or procurement as the Agency may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, however, that in
the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the Contractor may request the Agency to enter into such
litigation to protect the interests of the Agency and, in addition.
22. CONTRACTOR CLAIMS OF $375,000 OR LESS. Claims by the Contractor relating to the
work for (a) a time extension, (b) money or damages arising from work done by, or on behalf of,
the Contractor on the work for which payment is not expressly provided for or to which the
Contractor is not otherwise entitled, or (c) an amount that is disputed by the Agency, with a value
of $375,000 or less, are subject to the claims procedures set forth in California Public Contract
Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated
documents, conditions and specifications. A copy of California Public Contract Code Sections
20104 through 20104.6 is attached to this Contract as Exhibit "A".
23. INSURANCE REQUIREMENTS. The Contractor shall maintain insurance policies issued
by an insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as
set forth in the then most current edition of "Bests Insurance Guide," as follows:
(1) Comprehensive General Liability Insurance. The Contractor shall maintain
comprehensive general liability insurance of not less than One Million Dollars
($1,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Contractor and each of its subcontractors shall maintain
comprehensive automobile liability insurance of not less than $100,000.00 combined
single limit per occurrence for each vehicle leased or owned by the Contractor or its
subcontractors and used in performing work under this Contract.
(3) Workers' Compensation Insurance. The Contractor and each of its subcontractors shall
maintain workers' compensation coverage in accordance with California workers'
compensation laws for all workers under the Contractor's and/or subcontractor's
employment performing work under this Contract.
Concurrent with the execution of this Contract and prior to the commencement of any work by
the Contractor, the Contractor shall deliver to the Agency, copies of policies or certificates
evidencing the existence of the insurance coverage required herein, which coverage shall
remain in full force and effect continuously throughout the term of this Contract. Each policy
of insurance that Contractor purchases in satisfaction of the insurance requirements of this
Contract shall name the Agency, the City of San Bernardino, and the County of San Bernardino
as an additional insured and shall provide that the policy may not be cancelled, terminated or
modified, except upon thirty (30) days' prior written notice to the Agency.
Concurrent with the execution of this Contract and prior to the commencement of any work by
the Contractor, the Contractor shall deliver to the Agency, copies of policies or certificates
evidencing the existence of the insurance coverage required herein, which coverage shall
remain in full force and effect continuously throughout the term of this Contract. Each policy
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of insurance that Contractor purchases in satisfaction of the insurance requirements of this
Contract shall name the Agency as an additional insured and shall provide that the policy may
not be cancelled, terminated or modified, except upon thirty (30) days' prior written notice to
the Agency.
24. ASSIGNMENT OF CERTAIN RIGHTS TO THE AGENCY. In entering into this Contract
or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor
andlor subcontractor offers and agrees to assign to the Agency all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under
the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the
Business and professions Code), arising from purchases of goods, services, or materials pursuant
to this Contract or the subcontract. This assignment shall be made and become effective at the time
the Agency tenders final payment to the Contractor, without further acknowledgement by the
parties.
25. ENERGY CONSERVATION REQUIREMENTS. The Contractor agrees to comply with
mandatory standards and policies relating to energy efficiency that are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Public Law 94-163).
III
III
III
III
III
III
III
III
III
III
III
III
III
III
8
P:\Agendas\Agenda Attachmcnls\Agenda Attachments\Agrmts-Amend 2010\06-07-]0 Weka, Inc. - Public Works Construction Contract doc
CDC/2010-31
IN WITNESS WHEREOF, three identical counterparts of this Contract, each of which shall for all
purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day
and year first herein written.
Date:
&/tb / -z,o; (;)
f (
AGENCY:
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By ().~ rf)
Emil A. Marzullo, Intenm Executive Director
Approved as to Form and Legal Content:
By: \ /covlrtl--
A;~~6iJs;1
CONTRACTOR:
Weka, Inc.
Date: JU.h~ ll\ I ?DID
~:>(P B(o{'\(..'S\c\..e Ave.. 1 S-\-e ~ J ('2e~IIA~1.ij {A q~373
Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code)
fit; TDI 00
Contractor's License
J.f J3 0 /d-D n
Contractor's License Expiration Date
.-j1 5 ~ &(p t.c Cj S (e.
Bond Number
9
P:\Agendas\Agenda Attachments\Agenda Attachrnents\Agrmls.Amend 2010\06.07-10 Weka, Inc - Public Works Construction Contract doc
CDC/2010-31
EXHIBIT" A"
CALIFORNIA CODES
PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375,000) or less which
arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a
contract between a contractor and a public agency when the public
agency has elected to resolve any disputes pursuant to Article 7.1
(co~nencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and
3106 of the Civil Code, except that "public work" does not include
any work or improvement contracted for by the state or the Regents of
the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a
time extension, (B) payment of money or damages arising from work
done by, or on behalf of, the contractor pursuant to the contract for
a public work and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or (C) an
amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be
set forth in the plans or specifications for any work which may give
rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
20104.2. For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed on or
before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000),
the local agency shall respond in writing to any written claim within
45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the clairn, any additional documentation
supporting the claim or relating to defenses to the claim the local
agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
10
P .\Agendas\Agenda Attachments\Agenda Attachmenls\Agrmts-All1end 20 I 0\06-07-1 0 Web. [ne - Public \Varks Construction Contract-doc
CDC/2010-31
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 15 days after
receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and
less than or equal to three hundred seventy-five thousand dollars
($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 30 days after
receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,
or the local agency fails to respond within the time prescribed, the
claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of
the local agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer
for settlement of the issues in dispute. Upon a demand, the local
agency shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any
portion remains in dispute, the claimant may file a claim as provided
in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code. For purposes of those provisions, the running of the
period of time within which a claim must be filed shall be tolled
from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result of
the meet and confer process, including any period of time utilized
by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this
article is intended nor shall be construed to change the time
periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
11
P\Agendas\Agenda Attachments\Agenda Attachments\Agrmts.Amcnd 2010\06-07- J 0 Weka, Inc. - Public Works Construction Contract doc
CDC/2010-31
20104.4. The following procedures are established for all civil
actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection within
15 days by both parties of a disinterested third person as mediator,
shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to
the court or by stipulation of both parties. If the parties fail to
select a mediator within the IS-day period, any party may petition
the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation
of the parties, arbitrators appointed for purposes of this article
shall be experienced in construction law, and, upon stipulation of
the parties, mediators and arbitrators shall be paid necessary and
reasonable hourly rates of pay not to exceed their customary rate,
and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall these fees
or expenses be paid by state or county funds.
(3) In addit ion to Chapter 2.5 (commencing with Section 1141. 10)
of Title 3 of Part 3 of the Code of Civil Procedure, any party who
after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to
payment of costs and fees under that chapter, pay the attorney's fees
of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses
to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any
portion of a claim which is undisputed except as otherwise provided
in the contract.
(b) In any suit filed under Section 20104.4, the local agency
shall pay interest at the legal rate on any arbitration award or
judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
12
P'\Agendas\Agenda Attachments\Agenda Attachmcnts\Agrmts-Amcnd 20 I 0\06-07.) () Weka, Inc - Public Works Construction Contract doc
CDC/2010-31
BID FORM
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
The undersigned We. "" . ~ tJ_. . (the "Bidder") hereby declar~s and certifies to
the Redevelopment Agency ~f the City of San Bernardino (the "Agency") that the Bidder has
carefully examined the location of the proposed Work identified below, that the Bidder has
examined the Plans and Specifications for the work, and that the Bidder has read the
accompanying instructions to Bidders (the "Bid Package').
The Bidder hereby proposes to furnish any and all required labor, materials, transportation and
service to the Agency for the Work described as:
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS
AT 247 W. 3rd ST., SAN BERNARDINO, CA
In strict conformity with Plans, Specifications and Special Provisions for the Work. Utility
modifications or relocations shall be per the applicable utility company requirements. The Bidder
hereby proposes and agrees if this bid is deemed by the Agency to be complete, as the lowest
responsible bid, that the Bidder will promptly execute the Contract in the form included in the
Bid Package for the performance of the Work as specified in the Bid Package, and that the
Bidder will take in full payment therefor the following unit prices or iump sum prices, as set
forth below in the Bid Schedule:
All Bidders are hereby apprised that the Agency has not obtained the fmal written approvals of
the attached Plans and Specifications from the Development Services Department of the City of
San Bernardino. It is anticipated that such fmal approvals will be obtained prior to the date of
the award of the Contract for the Work by the governing body of the Agency. All Bidders must
recognize that minor deviations could occur between the version of the Plans and Specifications
as attached hereto and the fmal version that is approved by the Development Services
Department. Under all circumstances, the fmalPlans and Specifications as approved in writing
by the Development Services Department shall be those Plans and specifications to be
designated as the Work and which shall become a part of the fmally awarded Contract for the
undertaking of the Work.
B-1
CDC/2010-31
ADDENDUM NO.1
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
2. New Bid Schedule
Payment
Item Section
Sec-IO
Quantity
& Unit
LS
DESCRIPTION OF ITEMS
With unit price written in words
(For Example: Two Hundred Fifty Dollars&
Twenty-Five Cents per Ea)
Unit Price
In Figures
Total
In Figures
$ 17. m,tJ:;J
,
2
Sec-6
3
Sec-9
LS
LS
MOBILIZATION/DEMOBILIZATION, at the Lump
Sum price of . AIA/llrt/
<1't/"I1-ft'~/I -fhOiAt;NJ t:=~ur M.:,~,Ar/:l;(-i
-tv-J'Irrt:v 11m&-
/ Dollars &
!/Iii Cents
LS
$ 1,J(p#.rJt;?
,
$ ~,OQP.O;)
4
Sec-9
2EA
PREPARATION, IMPLEMENTATION, AND
MAINTENANCE COMPLIANCE WITH NPDES
GENERAL PERMIT, INCLUDING SWPPP AND
INSTALLATION OF BMPS , at the Lump Sum price
of
()'1",fh':;.15'iJl/ Y,'vc:.- hlllA/irli
LS
$ ~. L(CO,Or!)
5
Sec-ll
7EA
Dollars &
Cents
/I/O
PREPARATION, IMPLEMENTATION AND
MAINTENANCE OF THE TRAFFIC
CONTROLIDETOUR PLANS, at the Lump Sum price
of
(/ "t: +J,/) ", $&1 /l{j
Dollars & LS
!flIt?
Cents
$ ~'Itl().()O
PROVIDE, INSTALL, AND MAINTAIN
CONSTRUCTION NOTIFICATION SIGN FOR
DURATION OF THE PROJECT, at the Unit price of
()"~fJ./)J,,,A/lJ 'of""" hUlldr"/
$ 'I~(}ti. vO
. lEA
/,v0
Dollars &
Cents per EA
REMOVE EXISTING SEWER MANHOLE,
BACKFILL AND RECOMP ACT, at the Unit price of
€'11~ -1-/"/)",<",,,/ +/ArD hll"'/r~/
$ j.2t7D.tJO
I lEA
/11'('
Dollars &
Cents per EA
CDC/2010-31
ADDENDUM NO.1
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
Payment
Item Section
6
Sec-ll
Ouantitv
& Unit
DESCRIPTION OF ITEMS
With unit price written in words
(For Example: Two Hundred Fifty Dollars&
Twenty-Five Cents per Ea)
Unit Price
In Fi2ures
Total
In Fi2ures
992 LF
REMOVE EXISTING SEWER PIPE, BACKFILL
AND RECOMPACT, at the Unit price of
si'.Lff"1'1\
$ I>; ~7~,()O
,
Dollars
/1M Cents per LF
&
$ Icf,,/Oo
ILF
7
Sec-ll
2EA
REMOVE EXISTING STORM DRAIN INLET,
BACKFILL AND RECOMP ACT, at the Unit price of
(eve/! h "",,/ r(tJ
8
See-II
NO
Dollars &
Cents per EA
$ 7tl&. f)t'
lEA
$ " 't()t-? iJo
145 LF REMOVE EXISTING STORM DRAIN PIPE,
BACKFILL AND RECOMPACT, at the Unit price of
-t-/.v-ell-l/~ -ft.. 0'<'_
/ .
9
Sec-33
NlJ
Dollars &
Cents per LF
$ ;{$.~o
ILF
$ 3;33>.tJv
235 LF FURNISH AND INSTALL 30-INCH PVC (SDR-26)
SEWER PIPE, INCLUDING EXCAVATION,
BEDDING, FITTINGS, CONNECTIONS,
BACKFILLING, COMPACTING, TEMPORARY
AC PAVING AND PLACEMENT OF FINAL AC
PAVING, COMPLETE IN PLACE, at the Unit price
of
'j"vO
41"Jllr<lf'w~~ j:;p",r
./
Dollars
/1/,0 Cents per LF
&
$ ~, ,()(}
ILF
$ S-e. 6 SIt? 6'0
10 Sec-33
860 LF FURNISH AND INSTALL I8-INCH PVC (SDR-26)
SEWER PIPE, INCLUDING EXCAVATION,
BEDDING, FITTINGS, CONNECTIONS,
BACKFILLING, COMPACTING, TEMPORARY
AC PAVING AND PLACEMENT OF FINAL AC
PAVING, COMPLETE IN PLACE, at the Unit price
of
One. JtiA/lJr~'/ .[o....r-fv 5li/lt'l
/
Dollars &
vf//J Cents per LF
$ 1'17.1)0
ILF
$ 1~(;ll/<tJ.dlP
CDC/2010-31
ADDENDUM NO.1
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
Payment
Item Section
Quantity
& Unit
11 Sec-33
2LF
DESCRIPTION OF ITEMS
With unit urice written in words
(For Example: Two Hundred Fifty Dollars&
Twenty-Five Cents per Ea)
Unit Price
In Fil!ures
Total
In Fil!ures
FURNISH AND INSTALL lO-INCH (PRIVATE)
PVC (SDR-26) SEWER PIPE, INCLUDING
EXCAVATION, BEDDING, FITTINGS,
CONNECTIONS, BACKFILLING, AND
COMPACTING COMPLETE IN PLACE, at the Unit
price of
-rhr!~ h~^dr(J uff'all
$ 636.190
$ 5ig~lfJo
/LF
Dollars &
.Nn Cents per LF
12 Sec-34
6EA
FURNISH AND INSTALL SEWER MANHOLE
STRUCTURES PER CITY OF SAN BERNARDINO
STD. PLAN NO. 301 WITH MANHOLE FRAME
AND COVER PER CITY STD NO. 304 WITH ALL
APPURTENANCES, COMPLETE IN PLACE, at the
Unit price of
~1'V~ ..J.hlJlA~Qilj -#lree hlAmlre4
13
Sec-
33B
1,100 LF
.Ai.O
Dollars &
Cents per EA
$ 5/> {){),fH}
lEA
$ S(, :?tJP. cOO
VIDEO INSPECTION OF SEWER
IMPROVEMENTS INCLUDES VIDEO SERVICES
AND REPORTING FOR ALL SEWER
IMPROVEMENTS, at the Unit price of
fJ^e
Dollars &
MO Cents per LF
$ 1.0&
/LF
$ I, }Ot!.{J.!?
14 Sec-35 200 TN FURNISH AND PLACE CLASS II AGGREGATE
BASE PER CITY OF SAN BERNARDINO STD.
PLAN NO. 310 & 306, COMPLETE IN PLACE
(ASSUMED 6 INCHES), at the Unit price of
.f1,.,,,,,.ft -r"",tJ
,..to
Dollars &
Cents per TON
$ ~ e..DO
/TN
$ ~ '100.00
CDC/2010-31
ADDENDUM NO.1
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
Payment
Item Section
15 Sec-35
Quantity
& Unit
DESCRIPTION OF ITEMS
With unit price written in words
(For Example: Two Hundred Fifty Dollars&
Twenty-Five Cents per Ea)
U nit Price
In Fil!:ures
Total
In Fh!ures
133 TN FURNISH AND PLACE ASPHALT CONCRETE
PAVEMENT PG-64-10 PER CITY OF SAN
BERNARDINO STD. PLAN NO. 310 & 306,
COMPLETE IN PLACE (ASSUMED 6 INCHES), at
the Unit price of
Ollr.. hl/Ajrpd "("'/blt+e~1I
16 Sec-16
JIlfO
Dollars &
Cents per TON
$ If 8~PCl
ITN
$ '>; (,1' l/ ()t!J
60 LF REMOVE AND CONSTRUCT CONCRETE CURB
AND GUTTER FROM SCORE LINE TO SCORE
LINE TO MATCH EXISTING PER CITY OF SAN
BERNARDINO STD. PLAN NO. 200., at the Unit
price of
~",r+V
I
$ lfo.oo
ILF
$ ~. '101).D/I
NO
Dollars &
Cents per LF
17
Sec-16
120 SF
REMOVE AND CONSTRUCT CONCRETE
SIDEWALK FROM SCORE LINE TO SCORE
LINE TO MATCH EXISTING PER CITY OF SAN
BERNARDINO STD. PLAN NO. 202 CASE B., at the
Unit price of
r;.-,\hf
u
Dollars &
"'JJ Cents per SF
$ f. 00
ISF
$
q~(}.&tl
18 Sec-27
77LF CONSTRUCT CONCRETE ENCASEMENT PER
EASTERN MUNICIPAL WATER DISTRICT
STANDARD DRAWING NO. SB-157, CONCRETE
ENCASEMENT NO.1, at the Unit price of
{)II~ "IAA/ire' ~/-tIl.:7 (-ji./e.,
NO
Dollars &
Cents per SF
$ 1:>'>.Ot>
ILF
$ ~,b25.t?tJ
.
CDC/2010-31
ADDENDUM NO.1
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
CDC/2010-31
ADDENDUM NO.1
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
25 Sec-5 LS TRANSPORT AND DISPOSE OF 40 CF OF
ASPHALT, at the Lump Sum price of /
t\A~ ..fhJllA.ft> "J ({,/i'/! 111.1II/r~
Dollars &
tf\1t/ Cents
26 Sec-33 LS SEWER BYPASSING AND DEWATERING, at the
Lump Sum of i-tllJuS~I1/
S (k-tv
/
Dollars &
LS $ 1/?EJp.lJe;
LS $ b~ (JOt). 0.1
IV/) Cents
Total Bid Price (in numbers) $
3gCf, '236.()0
I
k'I/,/n'/ fA/
x
Dollars &
/I/O
Cents
CDC/2010-31
BID SCHEDULE NOTES:
The unit price for each item identified on the Bid Schedule must be written in words and also
shown in figures. All blank spaces appearing on the Bid Schedule must be filled in. In case of
discrepancy in Bid Amounts, unit prices shall govern over extended amounts, and words
shall govern over figures. The Agency reserves the right to verify and correct all mathematical
calculations as necessary to determine the lowest responsible Bidder and thus determine the basis
for the award of the Contract to the resulting lowest responsible Bidder.
The total price must be extended for each item of work and the total of all items inserted in the
space provided. Bidders shall complete and submit the entire BID DOCUMENTS section as
their bid to the Agency. Failure to properly complete and submit the entire Bid Document
Section as of this Bid will result in said Bid being non-responsive.
Total bid price for the entire contract work shall include the cost of permits, labor, materials,
equipment parts, implements, taxes and supplies necessary to complete the Work, as based on the
Agency estimate of quantities of labor and materials.
BIDDER declares that this Bid is based upon careful examination of the work site, Bid and
Contract Documents.
B-8
CDC/2010-31
ADDENDUM NO.2
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W 3RD ST., SAN BERNARDINO, CA
BIDDER'S INFORMATION AND SIGNATURE
It is the understanding of the undersigned that the Work hereinabove described shall be commenced
within ~ working days from the date of the "Notice to Proceed" is issued by the Agency, and shall be
completed within ....2!L Working Days from the date of said notice, as directed in SECTION 4 of the
Special Provisions.
The undersigned represents that the pipes complying with the requirements of the Bid line items 9, 10,
and 11 are readily available to the Bidder and that the Bidder reasonably expects to complete the work
within said 90 Working Day period of time with no delays caused by inability to timely obtain the pipe
required by this Bid.
The undersigned further agrees that in case of default in executing the Contract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this Bid shall
be paid to the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency") as
liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor,
LICENSE
NO.: V; 7 DiDO
CLASSIFICATION: A
Weke'A I ~~ .
~),(o 't)Y'DDk.s\Je Av-e.) D+C, 4-
Jt-.r1lltnd&, CA- q.) 0'7 3
BUSINESS PHONE: ~ TCJ g --3~d-1 CELL PHONE: Clfj S;)~- "/371
EXPIRATIOZ I
DATE: ~ 3() ;;),6/1
, I
FIRM NAME:
BUSINESS ADDRESS:
If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners
composing the firm, If a corporation, give the names of the president, secretary, treasurer and manager
thereof: C i,.
or.po rtl-"/IOt,
Legal Status of Firm
NAME(S)
'J" C\.-( e-ti I-h m \..e '7 res.
TV.tt'\- t- I-hm \.e. V. to ISee. '
t,eo-'1L4 HI M ~. C Sf)
f3>~\Jfj/\ \hl'\1\;k, tD..j)Wwe/
ADDRESS(ES)
11)1 M-endoCj~t\ w.\.~ . Y!-eJIt,vlJ C'A-1.J571
~ 84:0 c,~ I~ ( /-11 ~ IJAtJ J CA &'/ Z3'lft;
i 1">7 /Vlt>t'\l1oC/'Vlc) LU~. '(k."lt~ls fA- 1;;-37'1
11Y1 tv\<,,~tctYtL> /'o1--~ 1 ~l6.ivk (lJl-4Z--31tf
Dated: S / 'Z'-f , 2010
P:ICourt House 247 W 3rd StlSewer Line Rele onlBid DoeslAddendum No.2 to 4-28-20 1 O--BID DOCS.doe
CDCj2010-31
BIDDER'S ACKNOWLEDGE:MENT OF ADDENDA
Addendum 1
Addendum 2
~~~
Ignature
~~
Signature
Addendum 3 ##'/
Signature
Addendum 4
Signature
We,ht\. ~c...
BIDDER'S FIRM NAME
B-IO
!-'} II J j~
Date
r/J}JJQ
Date
,/1'iJ
Date
Date
DESIGNATION OF SUB-CONTRACTORS
In compliance with the provisions of S~Bt~6fio4~o8!4110 of California Public Contract
Code of the State of California, and any amendments thereof, each bidder shall set forth
the name and location of each subcontractor who will perform work or labor or render
service to the Contractor.
Name & Address
Under Which
Licensed
Sub-Contractor's
Phone-No.
Sub-Contract
Amount
Work to Be
Performed
1. PlilN'l (.,11\,0.1 ir:"-r;-",,,1:P0
f .
PI) lbc .M'~
1("",/.\" . tA q'.)H'I
elf 'p'~i3?'()
(909) ]o7-btot
$ iv 7tJD.{IO
,
IV1 , "I if ;pvq-!" v
./
2. f'IlMllOlc B>A;fr/t 0
~ 00 I :,.fr;il\ p Ad.
ru)/(r~/rI" c't} Cj~~01
C A;tI ;If'? I !?crJ
.'1~L
~ (;81- O~V /
JSII
rft,'/lMcks
$ I ~ 1(10. &{)
3. Sr'f.Kk", t:,'lV;r(hlMrnf~1
'In 14ifs+1 e.f{{f; Etm:f
J:,n B~m~lrr/;.~,/ (;.4 q{'{1I
cAli ~ 1O'1/'(
(ql1t) g8f!')0 It?
$ l'{, lOI). 10
,
}1.1Z<,rdRvtJ d(A.1 "111
I
4.
LJ
$
5.
LJ
$
6.
LJ
$
7.
LJ
$
IF ADDITIONAL SPACE IS REQUIRED, PLEASE DUPLICATE THIS SHEET
DO NOT WRITE ON THE BACK
B-ll
CDC/2010-31
'VORKERS' COMPENSATION INSURANCE
CERTIFICATION
The Bidder shall execute the following form as required by the California Labor Code Section 1860 and
1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with provisions of that code, and I will c'omp1y with such
provisions before commencing the performance of the work of this contract.
Date:
!: /2 i-t } J~
We,kA ~~
j .
( Bidder)
By: ~~~
/Jt~e-tl ~\o't\ \-e --=Y(-t5l Je.vt-
( Title) )
Attest ~ /#
By: ~/6
S<kvev'\ ).\1 M \..e I Co -,fwh-t'r
( Title)
B-12
CDC/2010-31
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 ( Chapter 376, Stats. 1985 ), the
Bidder hereby declares under penalty of perjury that the bidder has ' , has not
/ been convicted within the preceding three (3) years of any offenses referred to in
that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award of,
or performance of any Public Works contract, as defmed in Public Contract Section 1101,
with any public entity as defmed in Public Contract Code Section 1100, including the
Regents of the University of California or the Trustees of the California State University.
The term "Bidder" is understood to include any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, as referred to in
Section 10285.1.
NOTE:
-
The Bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided.
The above statement is part of the Bid. Signing this Bid' on the signature portion
thereof shall also constitute signature of this Statement.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
B-13
CDC/2010-31
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of
perjury, the following questionnaire:
Has the bidder, any officer of the Bidder, or any employee of the Bidder who has a
proprietary interest in the Bidder, ever qeen disqualified, removed, or otherwise
prevented from bidding on, or completing a federal, state or local government
project because of a violation oflaw or a safety regulation?
Yes
No
/
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of
perjury that no more than one fmal unappealable fmding of contempt of court by a federal court has
been issued against the Bidder within the immediately preceding two-year period because of the
Bidder's failure to comply with an order of a fe'dera!' court which orders the Bidder to comply with an
order of the National Labor Relations Board.
S-/' 7- i1 ( , D
Date:
'We.. ktt \ ~l' .
(Bidder)
By:
~~
~ \1 ~.'
SA.,ted m I'Y\ \-e \ -rf-tSIJttvf-
( Title)
Attest
By:
~4
~
S+eA~ 1t1m\.{, Cf)~b~
.
( Title)
Note: The above Questionnaire and Statement are a part of the Bid. Signing this Bid on the signature
portion thereof shall also constitute signature of this Questionnaire and Statement. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
B-14
CDC/2010-31
CERTIFICATION
(Fair Employment and Housing Commission Regulations)
By my signature on this Bid I certify, under penalty of perjury under the laws of the
State of California, that the foregoing questionnaire and statements of Public
Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the
Bidder has complied with the requirements of Section 8103 of the Fair Employment
and Housing Commission Regulations (Chapter 5, Title 2 of the California
Administrative Code). By my signature on this Bid I further certify, under penalty of
perjury under the laws of the State of California and the United States of America,
that the Title 23 United States Code, Section 112, Non-Collusion Affidavit and the
Title 49 Code of Federal Regulations, Part 29, Debarment and Suspension
Certification are true and correct.
Date: :> )lL( / ID
--
We, kP. kt- .
(Firm Name of Bidder)
SIGN
~
HERE
. Jc.xe J ~\ I'Y) k ~(,i':7\ den.:!-
( Print Name of Person Signing)
Business Address: ~J.lo 1$( c?DkslO-e frvt..) Sk,61
((..e~ I A-,~tls. L~A q;)3 7 3
Address of Residence: 1 , ;) 1 rnenJvc' ~o !Uti.-"
\(;~Jlk~&. Clt '1~'7tf_
B-15
CDC/2010-31
NON-COLLUSION AFFIDAVIT
To the Redevelopment Agency of the City of San Bernardino
The undersigned in submitting a bid for performing the following work by contract, being duly
sworn, deposes and says:
That he or she is of the party making the foregoing Bid, that the Bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; thatthe bid is genuine and not collusive or sham; that the
Bidder has not directly or indirectly induced or solicited any other Bidder to put in a
false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall
refrain from bidding; communication, or conference with anyone to fix any overhead,
profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any
advantage against the public body awarding the Contract on anyone interested in the
proposed Contract; or take any action in restraint of free competitive bidding in
connection with such Contract; that all statements contained in the Bid are true; and
further, that the Bidder has not, directly or indirectly, submitted his or her Bid price or
any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to
any corporation, partnership, company association, organization, Bid depository, or to
any member or agent thereof to effectuate a collusive or sham Bid.
We-""'ti ~?
I
Firm Name
~ ~ ~ u~ook5\de /tiff. 3k. try
J
Retiltilul~1 {' A- q;)37 3
Business Address
..V~~~
/' Signature of ~idder
-StifeJ \-hmk ~("-tS\deNt
Printed Name and Titlel
Hd-1 t~DC(VlD VJtl~
R -eJl ta1d-s I CIt L1'?--37+
Place of Residence
Subscribed and sworn to before me this
Signed S-e.-e a.-----\.\A c--he d
Notary Public in and for the County of
day of
,2010
, State of California.
My Commission expires on
Year
We-k4, ~.
BIDDER'S FIRM NAME
B-17
CDC/2010-31
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~.€<'mm~~.€<'RX!RX!RX!~RX!~~.7S{'7RX!RX!~&Xr~.€<'RX!RX!RX!.€<'~.€<'RX!.€<'<.&7.€<'<.&7RX!RX!RX!.€<'.€<'~
County of Sax" ~rV1t{,rtJl(\O
t;; /Z-Ll \ID
}
IV b+ 4,,(' '- ~ tI-- h L c...
State of California
Date
before me, t'V\. LA- VCl-l"\ \,rJ.c...
:r t\.-v-.e ,j t-h Y\'\ ~
Here Inser Name and Title of the 0 icer
On
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(~ whose name(~ is/~ subscribed to the
within instrument and acknowledged to me that
he/sAe/tl:lQy executed the same in his/RefltReir authorized
capacity(~, and that by his/tlefItheif signature(-e) on the
instrument the person(~, or the entity upon behalf of
which the person(~ acted, executed the instrument.
M. LA VAN WAY
COMM. #1684177 :J:I
NOTARY PUBLIC. CALIFORNIA ~
. SAN BERNARDINO COUNTY
. My Comm. Expires Aug, e, 2010
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the docu
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~,=;;=,~~~~~~~~~~~~~~~~:=,.--"~~~~~~~
@2007 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chafsworth, CA 91313-2402' www.NafionaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CDC/2010-31
REFERENCES
Date
:; h ~1 ) Ie
. ,
The following are the names, addresses, and phone numbers for three public
agencies for which
BIDDER has performed similar work within the past two years:
1.
S-e.-(. ~ }t-c, c l-t-e. '" ~ f i \e vt l.--~' s \- .
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CDC/2010-31
FORM OF BID BOND
K1\OW ALL MEN BY THESE PRESENTS, that we, the undersigned,
Weka, Inc.
as Principal,
and
Western Surety Company
as Suretv, are hereby-and-fumly-bound. :unto--the _REDEVE-LO-P~!E:r-;:r-AGENCY-OF _THE.CITY.OF.-SAL'L-
BEi.iL'l'ARDINO (Ae:encv}, State of California, hereinafter referred to as "Obligee" in the penal sum often percent 00%)
of the total amount of the Bid of the Principal submitted to the Obligee for the Work descrlbed below, for the payment of
which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, mAT:
WHEREAS, the Principal bas submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter
into a contract in writing, for the
Sanitary Sewer Improvements 247 W 3rd Street in San Bernardino CA
(Copy here the exact title description a/work, inch/ding location as it appears on the proposal)
for which bids are to be opened on
May 25 2010
( Insert date of opening)
NOW, THEREFORE,
a. If saic. Bid shall be rejected, or in the alternate,
b. Ifsaic. Bid shall be accepted and the Principal shall execute a Contr2.ct in the Form of Contract attacbed to
the Bid Documents (properly completed in accordance with said Bid) and shall furnish a bond for his
faithful performance of said Contract, and shall in all other respects perform the agreement created by the
acceptance of said Bid,
then this obligation shall be void; othen,..ise, the same shaU remain in force and effect; it being expressLy understood and
agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount cftbis-
obligation as herein stated. .
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no
way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety
does hereby waive notice of any such extension.
Signed, this 24th
day of
May
,2010.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are
corporatiGlls have caused their cOI]Jorate seals to be hereto afflxed and these :pre~ents to be signed by their proper officers,
the day ar.d year first mentioned.
Weka, Inc.
(SEAL)
Western Surety Company
By mf0-M2}
/ Signature
Shannon M Lopez, Attorney-in-Fact
Printed Name and ntle
(SEAL)
:Tl,\.:r-e..J H-11Y\. h --:Vr#s \del"'*-
Printed Name and Title
NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this fonn
(This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on
this page will result in rejection of bid.)
B-16
CDC/2010-31
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
0{7~~~~-&r~~~~~~-&r~~~~-&r~~~;:X~-&r~~~~~~~~~;:X~&<
State of California }
County of .s c"- v--. 'be\' V\ t!--li J\ O""l. 0
On ~ ,,~~ \ 0 before me, jV\. Wv V"" ~:;:1 ~.!.'!"~~::.:2:~b \.. c-
.J ~lJ e J \-t\ ~ \-e-
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personf.31 whose nameEs1 is/arQ subscribed to the
within instrument and acknowledged to me that
he/sAe~ executed the same in his/l:iGr/~ir authorized
capacity(iesT, and that by his/A€'r/ti:lQjr signaturefs) on the
instrument the person(~, or the entity upon behalf of
which the person('S} acted, executed the instrument.
::0
::0
~
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
'.
WITNESS
Place Notary Seal Above
Signature
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:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
o Trustee
D Guardian or Conservator
o Other:
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
.
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~,~~;<;,~,<;;~<;.~~~~~~~~~~~~~~~~~~~
@2007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CDC/2010-31
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of
San Bernardino
On May 24,2010
before me
S. Lynn Ewer, Notary Public
, personally appeared
Shannon M Lopez
who proved to me on the basis of satisfactory evidence 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(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Signature r:
~-=~?~-
~
/
<-=
..(Seal)
r~~'~.~~-A.1
_ _. . _ _ _ 1IiiII'_
.... s. LYNN EW~FI
V; . COMM.#1807411 i"l
". NOTARY PUBLIC-CAllFORNlA ~
U ... . SAN BERNARDINO, COUNTY ..
3., MyComm. EXP.JULY28,2Dl:,f
-- ..... ...-.. - .... ... .... ~ ~~.... ....-~ - --
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
~ ~g~~~i~ OFFICER
Title(s)
Bid Bond
Title or Type of Document
g PARTNERS t;l ~~~i~~L
~ ATTORNEY-IN-FACT
. ~f~CONSBRV.'\TOR
1
Number of Pages
May 24,2010
Date of Document
SIGNER IS REPRESENTING:
Western Surety Company
Weka, Inc.
Signer(s) other than Named Above
Western SuretY Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Peter M Davis, Kenzie K Thompson, Shannon M Lopez, Gale Delo, Martin M Davis,
Individually
of Redlands, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be here~o affixed on this 9th day of November, 2009.
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WESTERN SURETY COMPANY
;2/~PI B~fl ~. V' P 'd
au . ru at, emor Ice resl ent
State of South Dakota
County of Minnehaha
} ss
On this 9th day of November, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2012
+.........................."''''...c.,c.,..'''........ +
~ D. KRELL ~
I I
~~NOTARY PUBLIC~~
s~SOUTH DAKOTA~I
I I
+........................."'......""..c......... +
~
~P,b1i'
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 24 t h day of May 20 1 0
........~
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WESTERN SURETY COMPANY
q. ~~I,~s"re~
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY CaMP ANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
ACORQM CERTIFICA TE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
06/09/2010
PRODUCER (909)793-2373 FAX (909)798-6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Davis & Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
License No. 0186657 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
470 E. Highland Ave, PO Box 40
Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIC#
INSURED Weka Inc. ; INSURER A Liberty Surplus Insurance Corp
SNIPE Equipment LLC INSURER B American States Ins. Co. 19704
826 Brookside Suite G INSURER C RSUI Indemnity Company
Redlands, CA 92373 INSURER D- Majestic Insurance Company
I INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD'L ~~~~CJ..F:~5~ ~~nME~bl~
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY DGLLA207355038 04/01/2010 04/01/2011 EACH OCCURRENCE $ 1,000,00
- ~~~~~ ~tac~c~~~rence I
~ COMMERCIAL GENERAL LIABILITY $ 50,000
- ~ - CLAIMS MADE m OCCUR MED EXP (Anyone person) $ Excluded
A PERSONAL & ADV INJURY $ 1,000,00
-
GENERAL AGGREGATE $ 2,000,00
- 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $
I POLICY [Xl j~2T n LOC $5MIL POLICY MAX CAP
AUTOMOBILE L1ABILnY OlC13430361 06/04/2010 06/04/2011 COMBINED SINGLE LIMIT
- $
X ANY AUTO lEa accident) l,OOO,OOC
-
- ALL OWNED AUTOS BODIL Y INJURY
$
SCHEDULED AUTOS IPer person)
B -
- HIRED AUTOS BODIL Y INJURY
$
NON. OWNED AUTOS IPer accident)
-
PROPERTY DAMAGE $
IPer accident)
~RAGE LIABILITY AUTO ONL Y . EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONL Y AGG $
EXCESS I UMBRELLA L1ABILnY NHA225708 04/01/2010 04/01/2011 EACH OCCURRENCE $ 8,000,000
~ OCCUR 0 CLAIMS MADE AGGREGATE $ 8,000,000
C $
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION C20080612303 05/01/2010 05/01/2011 X I {b~l~~~s I IUd~.
AND EMPLOYERS' LIABILITY Y/N I,OOO,OOC
D ANY PROPRIETOR/PARTNERiEXECUTIVE D E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? I,OOO,OOC
(Mandatory In NH) EL DISEASE. EA EMPLOYEE $
If yes, descnbe under $ 1,000,000
SPECIAL PROVISIONS below E L DISEASE. POLICY LIMIT
OTHER
~ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e: Sanitary Sewer Improvements, 247 W 3rd Street, San Bernardino,CA. Certificate Holder *see attached
addendum Holder is Additional Insured as repects to General Liability per CGL20101185 as required by
Nritten contract; Primary per CGL1031 0403;Waiver of Subrogation per CGL1025 0103. Additional Insured as
o Auto Liab as required by contract per CA7110 0307, includes Waiver of Subro;Primary per CA0001 0306.
o day notice of cancellation for non oavment.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of San Bernardino NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Redevelopment Agency IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
201 N. E Street, Ste 301 REPRESENTATIVES.
San Bernardino, CA 92401 AUTHOR~DREPRESENTATIVE ~~h
I Ross Jones/KDK
ACORD 25 (2009/01)
@> 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
City of San Bernardino
Certificate issued to City of San Bernardino
Davis & Graeber Insurance Services, Inc.
06/09/2010
Complete Additional Insured: City of San Bernardino, Redevelopment Agency of the City of San Bernardino
and the County of San Bernardino
Commercial General Liability
fLSI
CO'l)orat:ion
~ ~t'lIlhtf'HI' U!\l:t1r M\lw31 (',ru\lfI
LIBERTY SURPLUS INSURANCE CORPORATION
(A New [-Iltmp.hirc gtlltk Im",.n"" Comp.ny, herein. fret Ih. "Comp.ny'1
ENDORSEMENT NO.4
Effective Date: 4-1-10
Policy NumberDGLLA207355038
Issued To: W'EKA INe.; SNIPE EQUIPMENT LLC
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B)
Thjg endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
& required by written coomct. ~igned by both parties prior to any "occurrence" in which coverage is SQught under this
policy. (Commercial Only)
(If no entry appears above, information requited to complete this endorsement will be shown in the Declarations as
applicable to this endorserru:nt.)
WHO IS AN INSURED (SectiQn II) is amended to include as an insured the person or organizaticm shown in the
Schedule, but only with respect to liability arisinp; nut of "your work" for that ins1.lIed by or for you.
~
eGL 2010 1185
Commercial General Liability
f LSI.
Corporation
~ jl.il:n~l'nrJj'1C11r U~I\~.l (~nU'1
LIBERTY SURPLUS INSURANCE CORPORATION
(A New H~Olp.hire ~t...ck In.umncc Comp.ny. hereinafter the "l..ompany'1
ENDORSEMENT NO. 14
Effective Date;
Policy Number:
Issued To:
4-1-1 0
DGLLA207355038
WEKA INC j SNIPE EQUIPMENT ILC
THIS ENDORSEMENT CHANGES THE POLICY. PI.EASE READ IT CAREFULLY.
PRIMARY INSURANCE CLAUSE ENDORSEMENT
To the extent that thiH insl.lmnce is afforded to any additional in~ured under the policy, such insurance shall apply a.~
primary and not contributinp; with any insurance carried by such additional insured, as required by written contract.
Nothing herein contained shall be held to waive, vary, alter or ex.tend any condition or provision of the polic)' orher than
as above stated.
~
eGL 1031 0403
Commercial General Liability
f !;.~I
... ."'l:mtll~J' hr Lj\~fl~' MI\netl (;l\....,~
LIBERTY SURPLUS INSURANCE CORPORATION
(A New Hnmp~hjtc ~wck [nsurnncc: Cump:tny, herein1Ut.:r the "Cmnpilonyj
ENDORSEMENT NO. ]6
Effective Date:4-1-1 0
Policy Number; DGLLA207355038
Issued To: WEKA INC.; SNIPE EQUIPMENT LLC
THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFULLY.
W AlVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
It is hereb)' agreed that Section IV, item 8. Transfer of Rights of Recovery Against Others to Us, is modified as follows:
SCHEDULE
Name of Person or Organization:
As required by wdttec contract.
(If no entry appears above, information required to complete this endorsement will be shown ill the Declarations as
applicable to thi.. endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTIlERS 1'0 US Ccmdition (Section IV -
COMMF..RO..AJ. GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right Llf recovery we may have against tne person or organization shown ill the Schedule above because of
payment~ we make for injury or damage arising out of your ongoing optrati(Jfis or "your work" done under a conmcr
with that person or organization. This waiver applies only to the pel'Son or orgauiz.ation shown in the Schedule above.
~
CGL 1025 0103
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ....
Policy#01 C/3430361
Weka, Inc.
COMMERCIAL AUTO
CA 71 10 03 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO PLUS ENDORSEMENT
BUSINESS AUTO COVERAGE FORM
This endorsement modifies insurance provided under the following:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
EXTENDED CANCELLATION CONDITION
Paragraph 2.b. of the CANCELLATION Common
Policy Condition is replaced by the following:
b. 60 days before the effective date of cancellation
if we cancel for any other reason.
TEMPORARY SUBSTITUTE AUTO - PHYSICAL
DAMAGE COVERAGE
Under paragraph C. - CERTAIN TRAILERS, MO-
BILE EQUIPMENT AND TEMPORARY SUBSTITUTE
AUTOS of SECTION 1 - COVERED AUTOS, the
following is added:
If Physical Damage coverage is provided by this Cov-
erage Form, then you have coverage for:
Any "auto" you do not own while used with the per-
mission of its owner as a temporary substitute for a
covered "auto" you own that is out of service be-
cause of its breakdown, repair, servicing, "loss" or
destruction.
BROAD FORM NAMED INSURED
SECTION II - LIABILITY COVERAGE - A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
d. Any business entity newly acquired or formed by
you during the policy period provided you own
50% or more of the business entity and the
business entity is not separately insured for
Business Auto Coverage. Coverage is extended
up to a maximum of 180 days following acquisi-
tion or formation of the business entity. Coverage
under this provision is afforded only until the end
of the policy period.
BLANKET ADDITIONAL INSURED -4
SECTION II - LIABILITY COVERAGE - A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
e. Any person or organization for whom you are re-
quired by an ''insured contract" to provide insur-
ance is an "insured", subject to the following
additional provisions:
(1) The "insured contract" must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
to the "bodily injury" or "property damage".
(2) This person or organization is an "insured"
only to the extent you are liable due to your
ongoing operations for that insured, whether
the work is performed by you or for you, and
only to the extent you are held liable for an
"accident" occurring while a covered "auto"
is being driven by you or one of your em-
ployees.
(3) There is no coverage provided to this person
or organization for "bodily injury" to its em-
ployees, nor for "property damage" to its
property.
(4) Coverage for this person or organization
shall be limited to the extent of your negli-
gence or fault according to the applicable
principles of comparative negligence or fault.
(5) The defense of any claim or "suit" must be
tendered by this person or organization as
soon as practicable to all other insurers
which potentially provide insurance for such
claim or "suit".
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1997
CA 71 10 03 07
Page 1 of 6
EP
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ,..,
(6) The coverage provided will not exceed the
lesser of:
(a) The coverage and/or limits of this policy;
or
(b) The coverage and/or limits required by
the "insured contract".
(7) A person's or organization's status as an
"insured" under this subparagraph d ends
when your operations for that "insured" are
completed.
EMPLOYEE AS INSURED
Under Paragraph A. of Section II - LIABILITY COV-
ERAGE item f. is added as follows:
Your "employee" while using his owned "auto", or an
"auto" owned by a member of his or her household,
in your business or your personal affairs, provided you
do not own, hire or borrow that "auto". This coverage
is excess to any other collectible insurance coverage.
FELLOW EMPLOYEE COVERAGE
Exclusion 5. FELLOW EMPLOYEE of SECTION II
LIABILITY COVERAGE - B. EXCLUSIONS is
amended by the addition of the following:
However, this exclusion does not apply if the "bodily
injury" results from the use of a covered "auto" you
own or hire, and provided that any coverage under
this provision only applies in excess over any other
collectible insurance.
~ BLANKET WAIVER OF SUBROGATION
We waive the right of recovery we may have for pay-
ments made for "bodily injury" or "property damage"
on behalf of the persons or organizations added as
"insureds" under Section II - LIABILITY COVERAGE
- A.1.D. BROAD FORM NAMED INSURED and
A.1.e. BLANKET ADDITIONAL INSURED.
PHYSICAL DAMAGE - ADDITIONAL TRANS-
PORTATION EXPENSE COVERAGE
The first sentence of paragraph A.4. of SECTION III
- PHYSICAL DAMAGE COVERAGE is amended as
follows:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred
by you because of the total theft of a covered "auto"
of the private passenger type.
PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVER-
AGE, A.4. COVERAGE EXTENSIONS, is
amended by adding the following:
c. Personal Effects Coverage
For any Owned "auto" that is involved in a
covered "loss", we will pay up to $500 for
"personal effects" that are lost or damaged
as a result of the covered "loss", without
applying a deductible.
EXTRA EXPENSE - BROADENED COVERAGE
Paragraph A. - COVERAGE of SECTION III
PHYSICAL DAMAGE COVERAGE is amended to
add:
5. We will pay for the expense of returning a stolen
covered "auto" to you.
AIRBAG COVERAGE
Under paragraph B. - EXCLUSIONS of SECTION III
- PHYSICAL DAMAGE COVERAGE, the following is
added:
The exclusion relating to mechanical breakdown does
not apply to the accidental discharge of an airbag.
NEW VEHICLE REPLACEMENT COST
Under Paragraph C - LIMIT OF INSURANCE of
Section III - PHYSICAL DAMAGE COVERAGE sec-
tion 2 is amended as follows:
2. An adjustment for depreciation and physical con-
dition will be made in determining actual cash
value in the event of a total loss. However, in the
event of a total loss to your "new vehicle" to
which this coverage applies, as shown in the
declarations, we will pay at your option:
a. The verifiable "new vehicle" purchase price
you paid for your damaged vehicle, not in-
cluding any insurance or warranties pur-
chased;
b. The purchase price, as negotiated by us, of
a new vehicle of the same make, model and
equipment, not including any furnishings,
parts or equipment not installed by the
manufacturer or manufacturer's dealership.
If the same model is not available pay the
purchase price of the most similar model
available;
Page 2 of 6
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ....
c. The market value of your damaged vehicle,
not including any furnishings, parts or equip-
ment not installed by the manufacturer or
manufacturer's dealership.
This coverage applies only to a covered "auto"
of the private passenger, light truck or medium
truck type (20,000 Ibs or less gross vehicle
weight) and does not apply to initiation or set up
costs associated with loans or leases.
TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COV-
ERAGE, if two or more "company" policies or cover-
age forms apply to the same accident, the following
applies to paragraph D. Deductible:
a. If the applicable Business Auto deduct-
ible is the smaller (or smallest) deduct-
ible it will be waived; or
b. If the applicable Business Auto deduct-
ible is not the smaller (or smallest) de-
ductible it will be reduced by the amount
of the smaller (or smallest) deductible;
or
c. If the loss involves two or more Busi-
ness Auto coverage forms or policies
the smaller (or smallest) deductible will
be waived.
For the purpose of this endorsement
"company" means:
a. Safeco Insurance Company of America
b. American States Insurance Company
c. General Insurance Company of America
d. American Economy Insurance Company
e. First National Insurance Company of
America
f. American States Insurance Company of
Texas
g. American States Preferred Insurance
Company
h. Safeco Insurance Company of Illinois
LOAN/LEASE GAP COVERAGE
Under paragraph C - LIMIT OF INSURANCE of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
4. The most we will pay for a total "loss" in anyone
"accident" is the greater of the following, subject
to a $1,500 maximum limit:
CA 71 10 03 07
a. Actual cash value of the damaged or stolen
property as of the time of the "loss", less an
adjustment for depreciation and physical
condition; or
b. Balance due under the terms of the loan or
lease that the damaged covered "auto" is
subject to at the time of the "oss", less any
one or all of the following adjustments:
(1) Overdue payment and financial
penalties associated with those
payments as of the date of the
"'loss".
(2) Financial penalties imposed under a
lease due to high mileage, exces-
sive use or abnormal wear and tear.
(3) Costs for extended warranties, Cre-
dit Life Insurance, Health, Accident
or Disability Insurance purchased
with the loan or lease.
(4) Transfer or rollover balances from
previous loans or leases.
(5) Final payment due under a "'Balloon
Loan".
(6) The dollar amount of any
un-repaired damage that occurred
prior to the "total loss" of a covered
"'auto".
(7) Security deposits not refunded by a
lessor.
(8) All refunds payable or paid to you
as a result of the early termination
of a [ease agreement or any war-
ranty or extended service agree-
ment on a covered "auto".
(9) Any amount representing taxes.
(10) Loan or lease termination fees
GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under paragraph D. - DEDUCTIBLE of SECTION III
_ PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is
repaired rather than replaced.
AMENDED DUTIES IN THE EVENT OF ACCI-
DENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITION 2.a. -
DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
Page 3 of 6
EP
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ....
"accident" applies only when the "accident" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you
are a corporation.
UNINTENTIONAL
HAZARDS
FAILURE TO DISCLOSE
SECTION IV - BUSINESS AUTO CONDITIONS
B.2. is amended by the addition of the following:
If you unintentionally fail to disclose any hazards ex-
isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
such failure. However, this provision does not affect
our right to collect additional premium or exercise our
right of cancellation or non-renewal.
HIRED AUTO - LIMITED WORLD WIDE COVER-
AGE
Under Section IV - Business Conditions, Paragraph
B.7.b.e(1) is replaced by the following:
(1) The "accident" or "loss" results
from the use of an "auto" hi red for
30 days or less.
RESULTANT MENTAL ANGUISH COVERAGE
SECTION V - DEFINITIONS - C. is replaced by the
following:
"Bodily injury" means bodily injury, sickness or dis-
ease sustained by a person including mental anguish
or death resulting from any of these.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability cov-
erage and if Comprehensive, Specified Causes of
Loss or Collision coverages are provided under this
Coverage Form for any "auto" you own, then the
Physical Damage Coverages provided are extended
to "autos" you hire or borrow.
The most we will pay for loss to any hired "auto" is
$50,000 or Actual Cash Value or Cost of Repair,
whichever is smallest, minus a deductible. The de-
ductible will be equal to the largest deductible appli-
cable to any owned "auto" of the private passenger
or light truck type for that coverage. Hired Auto Phy-
sical Damage coverage is excess over any other col-
lectible insurance. Subject to the above limit,
deducti ble and excess provIsions, we will provide
coverage equal to the broadest coverage applicable
to any covered "auto" you own.
HIRED AUTO PHYSICAL DAMAGE COVERAGE -
LOSS OF USE
SECTION III - PHYSICAL DAMAGE A.4.b. Form
does not apply.
Subject to a maximum of $1,000 per accident, we will
cover loss of use of a hired "auto" if it results from
an accident, you are legally liable and the lessor in-
curs an actual financial loss.
RENTAL REIMBURSEMENT COVERAGE
A. We will pay for rental reimbursement expenses
Incurred by you for the rental of an "auto" be-
cause of a covered "loss" to a covered "auto".
Payment applies in addition to the otherwise ap-
plicable amount of each coverage you have on a
covered "auto". No deductibles apply to this
coverage.
B. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the "loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days:
1. The number of days reasonably required to
repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it takes
to locate the covered "auto" and return it to
you.
2. 30 days.
C. Our payment is limited to the lesser of the fol-
lowing amounts:
1. Necessary and actual expenses incurred.
2. $50 per day.
D. This coverage does not apply while there are
spare or reserve "autos" available to you for your
operations.
E. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not al-
ready provided for under the PHYSICAL DAM-
AGE COVERAGE Coverage Extension.
F. The Rental Reimbursement Coverage described
above does not apply to a covered "auto" that is
described or designated as a covered "auto" on
Page 4 of 6
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ....
Rental Reimbursement
CA 99 23.
Coverage
Form
AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT COVERAGE
A. Coverage
1. We will pay with respect to a covered "auto"
for "loss" to any electronic equipment that
receives or transmits audio, visual or data
signals and that is not designed solely for the
reproduction of sound. This coverage applies
only if the equipment is permanently installed
in the covered "auto" at the time of the
"loss" or the equipment is removable from a
housing unit which is permanently installed
in the covered "auto" at the time of the
"loss", and such equipment is designed to
be solely operated by use of the power from
the "auto's" electrical system, in or upon the
covered "auto".
2. We will pay with respect to a covered "auto"
for "loss" to any accessories used with the
electronic equipment described in paragraph
A.1. above.
However, this does not include tapes,
records or discs.
3. If Audio, Visual and Data Electronic Equip-
ment Coverage form CA 99 60 or CA 99 94
is attached to this policy, then the Audio, Vi-
sual and Data Electronic Equipment Cover-
age described above does not apply.
B. Exclusions
The exclusions that apply to PHYSICAL DAM-
AGE COVERAGE, except for the exclusion relat-
ing to Audio, Visual and Data Electronic
Equipment, also apply to this coverage. In addi-
tion, the following exclusions apply:
We will not pay for either any electronic equip-
ment or accessories used with such electronic
equipment that is:
1. Necessary for the normal operation of the
covered "auto" for the monitoring of the
covered "auto's" operating system; or
2. Both:
a. an integral part of the same unit housing
any sound reproducing equipment de-
signed solely for the reproduction of
sound if the sound reproducing
equipment is permanently installed in
the covered "auto"; and
b. permanently installed in the opening of
the dash or console normally used by
CA 71 10 03 07
the manufacturer for the installation of a
radio.
C. Limit of Insurance
With respect to this coverage, the LIMIT OF IN-
SURANCE provision of PHYSICAL DAMAGE
COVERAGE is replaced by the following:
1. The most we will pay for "loss" to audio, vi-
sual or data electronic equipment and any
accessories used with this equipment as a
result of anyone "accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
"loss"; or
b. The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
c. $1,000.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value at the time of the "loss".
3. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of the betterment.
D. Deductible
1. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a "loss" to the
covered "auto" under the Business Auto
Coverage Form's Comprehensive or Colli-
sion Coverage, then for each covered "auto"
our obligation to pay for, repair, return or re-
place damaged or stolen property will be re-
duced by the applicable deductible shown in
the Declarations. Any Comprehensive Cov-
erage deductible shown in the Declarations
does not apply to "loss" to audio, visual or
data electronic equipment caused by fire or
lightning.
2. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a "loss" to the
covered "auto" under the Business Auto
Coverage Form's Specified Causes of Loss
Coverage, then for each covered "auto" our
obligation to pay for, repair, return or replace
damaged or stolen property will be reduced
by a $100 deductible.
3. If "loss" occurs solely to the audio, visual or
data electronic equipment or accessories
used with this equipment, then for each cov-
ered "auto" our obligation to pay for, repair,
Pags 5 of 6
EP
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ....
return or replace damaged or stolen property
will be reduced by a $100 deductible.
4. In the event that there is more than one ap-
plicable deductible, only the highest deduct-
ible will apply. In no event will more than one
deductible apply.
SECTION V - DEFINITIONS is amended by adding
the following:
Q. "Personal effects" means your tangible
property that is worn or carried by you, ex-
cept for tools, jewelry, money, or securities.
R. "New vehicle" means any "auto" of which
you are the original owner and the "auto"
has not been previously titled and is less
than 365 days past the purchase date.
Page 6 of 6
Policy#01 CI3430361
Weka, Inc.
.... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ....
5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom
we make payment under this Coverage Form
has rights to recover damages from another,
those rights are transferred to us. That per-
son or organization must do everything nec-
essary to secure our rights and must do
nothing after "accident" or "loss" to impair
them.
B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the "insured" or
the "insured's" estate will not relieve us of
any obligations under this Coverage Form.
2. Concealment, Misrepresentation Or
Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. It is also void if you or any
other "insured", at any time, intentionally
conceal or misrepresent a material fact con-
cerning:
a. This Coverage Form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this Coverage Form.
3. Liberalization
If we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the re-
vision is effective in your state.
4. No Benefit To Bailee - Physical Damage
Coverages
We will not recognize any assignment or
grant any coverage for the benefit of any
person or organization holding, storing or
transporting property for a fee regardless of
any other provision of this Coverage Form.
. 5. Other Insurance
a. For any covered "auto" you own, this
Coverage Form provides primary insur-
ance. For any covered "auto" you don't
own, the insurance provided by this
Coverage Form is excess over any
other collectible insurance. However,
while a covered "auto" which is a
"trailer" is connected to another vehicle,
the Liability Coverage this Coverage
Form provides for the ''trailer'' is:
CA 00 01 03 06
Page 9 of 12
(1) Excess while it is connected to a
motor vehicle you do not own.
(2) Primary while it is connected to a
covered "auto" you own.
b. For Hired Auto Physical Damage Cov-
erage, any covered "auto" you lease,
hire, rent or borrow is deemed to be a
covered "auto" you own. However, any
"auto" that is leased, hired, rented or
borrowed with a driver is not a covered
"auto".
c. Regardless of the provisions of Para-
graph a. above, this Coverage Form's
Liability Coverage is primary for any li-
ability assumed under an "insured
contract" .
d. When this Coverage Form and any
other Coverage Form or policy covers
on the same basis, either excess or pri-
mary, we will pay only our share. Our
share is the proportion that the Limit of
Insurance of our Coverage Form bears
to the total of the limits of all the Cover-
age Forms and policies covering on the
same basis.
6. Premium Audit
a. The estimated premium for this Cover-
age Form is based on the exposures
you told us you would have when this
policy began. We will compute the final
premium due when we determine your
actual exposures. The estimated total
premium will be credited against the fi-
nal premium due and the first Named
Insured will be billed for the balance, if
any. The due date for the final premium
or retrospective premium is the date
shown as the due date on the bill. If the
estimated total premium exceeds the fi-
nal premium due, the first Named In-
sured will get a refund.
b. If this policy is issued for more than one
year, the premium for this Coverage
Form will be computed annually based
on our rates or premiums in effect at the
beginning of each year of the policy.
7. Polley Period, Coverage Territory
Under this Coverage Form, we cover
"accidents" and "Iossep," occurring:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage territory is:
a. The United States of America;
EP
Bond #58666986
Premium: $5,605
Bond Is Issued In Three (3) Counterparts
FORM OF PERFORMANCE BOND
Premium is for contract term
and is subject to adjustment
based on final contract price.
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, The Redevelopment Agency of the City of San Bernardino
State ofCalifomia, on June 7 ,2010 awarded
Weka, Inc.
hereinafter designated as the "Principal," the contract to
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS AT
247 W. 3rd ST., SAN BERNARDINO, CA
NOW THEREFORE, we the Principal and Western Surety Company
as Surety, are held andfinnly
bOlUld unto the Redevelopment Agency of the City of San Bernardino, hereinafter called the "Owner" and/or
"Agency," in the penal sum of Three Hundred Eighty-Nine Thousand Two Hundred Thirty-Six & No/10oDollars
($ 389,236.00 ), in lawful money of the United States, for the payment of which sum we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the above bounden Principal, his/herorits
heirs, executors, administrators, successors or assign, shall in all things stand to and abide by and keep and
perform the covenants, conditions and contracts in the said contract and any alteration thereof made as therein
provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their true intent and meaning, and shall indemnify and save harmless the.Agency,
its officers and agents, as therein stipulated, then this obligation shall become null and void: otherwise, it shall
be and. remain in full force and virtue, and also in case suit is brought upon such bond, the above bounden
principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the
prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the
judgment therein rendered.
And the surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract or to the work to be performed or materials and/or equipment to be
furnished there under or the Specifications accompanying the same, shall in anywise affect its obligations on
this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the Specifications.
IN WlTNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all
purposesbedeerned an original thereof, have been duly executed by the Principal and Surety above named, on
the 9th day of June 2010.
By . ):)I1G~t--~~~ (vt /
[SIGNATURE OF AUlHORIZED PRlNClrffi~ OFFICER
REPRESENTATIVE OF SURElY COMP
Shannon M. Lopez, Attorney-in-Fa .t
WGstern Surety Company
{TI,'PEOP. PRINT NAME OF SURElY COMPANY]
> /-;7,..~
/~// c~/>
IGNATURE OF AUTH6RIZED PRINCIPAL/OFFICER
REPRESENTATIVE OPQ.ONTR,ACTOR].
'}7.......--e d P; \ ,')\ \-e. W-cSl. t\-e .,,\~
Weka, Inc.
[TYPE ORPRINTNAMEOF CQNIRACTOR]
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of
San Bernardino
On June 9, 2010
before me
Kathleen Ryan, Notary Public
Shannon M. Lopez
, personally appeared
who proved to me on the basis of satisfactory evidence 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(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Signature
(Seal)
KATHLEEN RYAN
COMM. #1678-421
NOTARY PU8UC.C~Uf~tA 1IQ
SAN 8ERNAROllllO. COUIffi' ~
My Comm. EKp. AAV 2t. 2010
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
~ ~~~~0:i~ OFFICER
Title(s)
Performance Bond
Title or Type of Document
g P.^~RTNERS ~ ~~:~[~L
~ ATTORNEY-IN-FACT
. ~~~b)NSERY ATOR
1
Number of Pages
June 9, 2010
Date of Document
SIGNER IS REPRESENTING:
Western Surety Company
Weka, Inc.
Signer(s) other than Named Above
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Peter M Davis, Kenzie K Thompson, Shannon M Lopez, Gale Delo, Martin M Davis,
Individually
of Redlands, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 30th day of April, 2008.
WESTERN SURETY COMPANY
-!2/Tfi~
Paul . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
} ss
On this 30th day of April, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D.KRELL ~
r r
~~NOTARY PUBLIC~~
r~SOUTH DAKOTA~I
r I
+~~~~~~~~.~~~~~~~~~~~~~~+
~
~P"bli'
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
fcrce, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 9 th day of June , 2010
;."-;~;E1r"""'..
$q.~_-'-~-~C'O\
f/:!, ~~O!/-1",\~,:
i:!c"o eft,:i
~~\ " ,,,,f
~\""A";.f
,r..... .,~.
O(;rliofij>....
WESTERN SURETY COMPANY
q. ~lO~~~~.~toM'
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
Bond Is Issued In Three (3) Counterparts
Bond #58666986
Premium Is Included In Performance Bond
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY TIlESE PRESENTS: That we Western Surety Company as Surety, and
Weka, Inc. , as Principal, are held and frrmJy bound.. unto the
Redevelopment Agency of the City of San Bernardino, in the sum of Three Hundred Eighty-Nine Thousand Two
Hundred Thirty-Six & No/100 Dollars ($ 389,236.00 ), said sum being (100% of the estimated
amo~nt of the foregoing and annexed contract, to be paid to said Principal, Weka, Inc. , for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
TIlE CONDITION OF THIS OBLIGATIONS IS SUCH: That, if the above bounden Priricipal, as Contractor in the
annexed contract or hislher subcontractors, shall fail to pay for any materials, provisions, provender, or. other supplies or
teaI11s used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay any person,
coInpany or corporation renting or hiring teams or implements or machinery for or contributing to said work to be done,
or any person who supplies both work and materials therefore, or the amount due under the Employment Insurance Act
with respectto such work or labor, the surety will pay for the same, in an amount not exceeding the above obligation, and
also, ~ case suit is brought upon such bond, the above bounden principal and the said surety will pay a reasonable
attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as
costs in said suit and to be included in the judgment therein rendered. This obligation and bond shall insure to the benefit
of any and all persons entitled to file claims under Section 1184C of the Code of Civil Procedure and said persons or any
of them or their assigns shall have a right to action there under.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
June , A.D., 2010.
9th
day of
By
)9'~~1 ~-LfYt
I (Attorney in Fact)
\~../
(Seal)
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN BERNARDINO
Onthis day N/A of N/A 2010, before me
Public in and for the County of N/A
is subscribed to the within instrument as the Attorney in Fact of
to me ,that he has subscribed the name of N/A
and hislher own name as Attorney in Fact.
N/A a Notary
, known to me to be the pemOTI whose name
N/A and aclmowledged
thereto as Surety,
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above
written.
N/A
Notary Public in and for said County and State
(SEE ATTACHED ACKNOWLEDGMENT)
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of
San Bernardino
On June 9, 2010
before me
Kathleen Ryan, Notary Public
Shannon M. Lopez
, personally appeared
who proved to me on the basis of satisfactory evidence 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(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. ~~.. ~.
~~t. KATHLEEN RYANC
WITNESS my hand and official seal. III ~ '.';' '. . COMM./1671<421 n
lie ..- -- . NOTARY PUBLIC-CALIFORNIA 7J
U':.. SAN BERNAADINO. COUNTY ~
(Seal) . MyComm.Ex.,.JUlY26..2010
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
~ ~cfgiP~ii OFFICER
Title(s)
Labor And Material Bond
Title or Type of Document
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~ ATIORNEY-IN-F ACT
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Number of Pages
June 9, 2010
Date of Document
SIGNER IS REPRESENTING:
Western Surety Company
Weka, Inc.
Signer(s) other than Named Above
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Peter M Davis, Kenzie K Thompson, Shannon M Lopez, Gale Delo, Martin M Davis,
Individually
of Redlands, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 30th day of April, 2008.
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WESTERN SURETY COMPANY
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Paul . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
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On this 30th day of April, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY CaMP ANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30,2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D, KRELL ~
~~NOTARY PUBLIC~~
r~SOUTH DAKOTA~r
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+~~~~~~~~~~~~~~~~~~~~~~~+
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My commission expires
CERTIFICATE
t, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my nam~ and affixed the seal of the said corporation this 9 t h day of June , 2010
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WESTERN SURETY COMPANY
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Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.