HomeMy WebLinkAboutContracts & Agreements_157-2002_CCv0001.pdf CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
E Crve
OCT 95 2002
TILDEN,Ci),1
CONTRACT
BETWEEN
THE CITY OF REDLANDS
AND
"PRIME CONTRACTOR"
Danny Letner, Inc. dba Letner Roofing Company
CITY OF REDIANDS
k.SMILEY PUBIAC LIBRARY
EXTERIOR IMPROVEMENTS
05/10102
CONTRACT FOR THE
CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
1. PARTIES AND DATE.
This Contract is made and entered into this 26 day of September, 2002, by and
between the The City of Redlands (hereinafter called the"Owner")and Danny Letner, Inc.
dba Letner Roofing Company (hereinafter called the "Contractor").
2. RECITALS.
2.1 The Owner is a public agency organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on July
3rd, 2002 has submitted a bid proposal for construction of one or more of the Bid
Categories necessary to complete A.K. Smiley Public Library Exterior Improvements
described in the Contract.
2.3 Owner has duly opened and considered the Contractor's bid proposal, and
duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the
other Bid Documents, and has given written notice to Contractor on September 11, 2002.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance
and Payment Bonds, the certification from the County Clerk verifying, Pursuant to Code of
Civil Procedure Section 995.660, that the Payment Bond surety's certificate of authority
has not been surrendered, revoked, canceled, annulled or suspended or, in the event that
it has been suspended, that it has been renewed, and evidences of insurance coverage as
required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following
documents, including all exhibits, drawings, specifications and documents therein, and
attachments and addenda thereto:
CI"IVOF RI DI CONTRACT - 1
K.S%IILIO, PUBLIC LIBRARY
LX 1I RIOR IMPROVEMENTS
a. Notice Inviting Bids
b. Information to Bidders
c. Contract Bid Forms
d. Contract
e. Contract Appendix
f. Specifications (under separate cover)
g. General Conditions
h. Drawings (under separate cover)
Scope of Work Summary (under separate cover)
Performance Bond
Payment Bond
Drug-Free Workplace Certification
m. Addendum No. 1 dated July 23, 2002
n. Addendum No. 2 dated August 01 , 2002
o. Addendum No. 3 dated September 03, 2002
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the
Owner all labor, materials, tools, equipment, services, and incidental and customary work
for the construction of Bid Category#7 necessary to fully and adequately complete A.K.
Smiley Public Library Exterior Improvements, including any alternates selected by the
Owner, and all structures and facilities described in the Contract (hereinafter the "Work"),
for a total of One Hundred Fifty Two Thousand Seven Hundred Seventy-One Dollars
and No Cents ($152,771.00), (with a breakdown as follows: Base Bid -$131,000; Alt.
15 - $7,500.00; Alt. 16 - $1,500.00; Alt. 17 -$7,571.00; Alt. 18 - $5,200.00), as specified
in the Contract Bid Forms submitted by the Contractor in response to the above referenced
Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the
applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike
manner, and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Contractor represents and
maintains that it is skilled in the professional calling necessary to perform the Work.
Contractor warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Work assigned to them. Finally, Contractor further represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, and that such
licenses and approvals shall be maintained throughout the term of this Contract.
CIT} or RI/DLANDS
A,K.s+�IIL05 PUBLIC LIBRARY CONTRACT - 2
I NT13HIM IMPROVEMENTS
i}/10/{P
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within Eighty
(80) Calendar Days, beginning ten (10) Calendar Days after the date on which the Letter
of Award is sent by the Owner to the Contractor. Moreover, Contractor shall perform its
Work in strict accordance with any completion schedule, construction schedule or project
milestones developed pursuant to provisions of the Contract, including but not limited the
Project Schedule located in the Specifications.
Contractor agrees that liquidated damages will apply in the amount of Two Hundred
Fifty Dollars and No/100 ($250.00) PER DAY as provided by the applicable provisions of
the General Conditions, found in Part "B" of the Contract Appendix, for each and every
calendar day of delay beyond the Contract Time, beyond any completion schedule,
construction schedule or Project milestones established in or pursuant to the Project
Schedule, or beyond the time indicated in the Project Schedule for any individual contract
activity.
3.5 Owner's Basic Obligation.
Owner agrees to engage and does hereby engage Contractor as an independent
contractor to furnish all materials and to perform all Work according to the terms and
conditions herein contained for the sum set forth above. Except as otherwise provided in
the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory
performance by the Contractor of the services and obligations required by this Contract,
the above referenced compensation in accordance with compensation provisions set forth
in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the
California Labor Code, which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
that Code, and agrees to comply with such provisions before commencing the performance
of the Work. A certification form for this purpose is enclosed with this Contract, and shall
be executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Contract, the prevailing
party in such action shall be entitled to have and recover from the losing party reasonable
attorneys' fees and all other costs of such action.
110 0 F K 110IANDS
CONTRACT 3
K SOIIIIIY NI'BLIC LIBRARY -
\11 R1OR IMPROVEMENTS
03/10102
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors,
and assigns agree to the full performance of all of the provisions contained in this Contract.
Contractor may not either voluntarily or by action of law, assign any obligation assumed by
Contractor hereunder without the prior written consent of the Owner.
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of
the Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
Contractor Surety
Danny Letner, Inc. American Motorists Insurance Company
dba Letner Roofing Company 7470 N. Figueroa Street
1490 N. Glasse Street Los Angeles, CA 90041
Orange, California 92867 Attn: Christie Clarkson
Attn: Robert Oughton
Vice President
Owner
City of Redlands
A.K. Smiley Public Library
125 West Vine St.
Redlands, California 92373
Attn: Larry Burgess
With Copies To:
Tilden-Coil Constructors, Inc.
3612 Mission Inn Avenue
Riverside, CA 92501
Attn: Dayne Brassard, Project Manager
Any notice so given shall be considered received by the other party three (3) days
after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the
above address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
CIIN OF RI DLANDS CONTRACT - 4
A K SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05 10 02
CONTRACTOR CITY OF REDLANDS
Danny Letner,WO.
dba Letner -,/0 mg Company
By:
By:
NaMe: 'obert Oughton Name Karl N. Haws,Mayor
Vice President Attest:
Title TAti Lorrie poyte , City Clerk
Tax ID. Number: 33-0603152 APPROVED AS TO FORM:
License: C39 - 689961 By: *AA
Dl M ugh
Counsel, ity of Redlands
CITY OF REDLANDS CONTRACT - 5
AK.S MILKY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05,10,02
CERTIFICATION
LABOR CODE - SECTION 1861
I,the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Danny Letner, Inc dba Letner Roofing Company
By:
Signature
Robert Oughton
Name
Vice President
Title
I. 7 77 2
Date
CONTRACT (EXHIBIT A)
CITY Of RI DI \NDS
SMILEY PI,In IC I{BRAM
xterrof wl.nts
07.2 02
ATTACHMENT NO. 1 TO AGREEMENT
BIDDER'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Every employer, the Gtate, shall secure the payment of compensation in one or more of
the following ways:
A. By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this State.
B. By securing from the Director of Industrial Re|a80ns, a certificate of consent to
S8|Ansure, which may be given upon furnishing proof satisfactory to the Director of
Industrial Re|ationu, of ability to self-insure and to pay any compensation that may
become due to his employee.
(�. For all political subdivisions of the State, including each member of a pooling
arrangement under a joint exercise of powers agreement (but not the State itae|O,
by securing from the Director of Industrial Relations, a certificate of consent to
self-insure against workers' compensation claims which certificate may be given
upon furnishing proof satisfactory to the director of ability to administer workers'
compensation claims propor|y, and to pay workers' compensation claims that may
become due to its employees. On or before May 31, 1979, a political subdivision
of the State, which, on December 31, 1978, was uninsured for its liability to pay
oornpenSatiVn, shall file a properly completed and executed application for a
certificate of consent to self-insure against workers' compensation claims. The
certificate shall be issued and be subject to the provisions of Section 3702.
I am aware of the provisions of Section 3700 of the Labor Code, which require every
ernp|Vya[, including uub-cont[aotora, to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of the
code, and I will comply with such provisions before commencing the performance of the
work of this Contract.
Letner Roofing Company
Contracto
Si6nature of Officer
Robert Oughton, Vice President
Typed Name of Officer
CITY OF REDLANDS BIDDER'S CERTIFICATE
A.K. SMILEY PUBLIC LIBRARY REGARDING WORKER'S COMPENSATION
EXTERIOR IMPROVEMENTS ATTACHMENT NO. 1 TO AGREEMENT- 1
05/10/02
. �
ATTACHMENT NO. 2 TO AGREEMENT
DRUG-FREE WORKPLACE CERTIFICATION
This Drug-Free Workplace Certification form is required from all successful bidders pursuant to
the requirements mandated by Government Code, Section 8350 et. seg., the Drug-Free
Workplace Act of 1900. The Drug-Free Workplace Act of 1990 requires that every person or
organization awarded a contract or grant for the procurement of any property or service from any
State agency must certify that it will provide a drug-free workplace by doing certain specified acts.
In addiUoO, the Act provides that each contract or grant awarded bye State agency may be
subject to suspension of payments or termination of the contract or grant and the contractor or
grantee may be subject to debarment from future contnaoting, if the contracting agency
determines that specified acts have occurred.
Pursuant to Government Code Section 8355, every person or organization awarded a contract or
grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the
following:
A. Publishing a statement notifying employees that the unlawful rnanutBctuna,
distribution, dispensation, possession or use of a controlled substance is prohibited
in the person's or organization's workplace and specifying actions, which will be
taken against employees for violations of the prohibition;
B. Establishing a drug-free awareness program to inform employees about all of the
following:
1. The dangers of drug abuse in the workplace.
2. The person's or organization's policy of maintaining a drug-free (controlled
substances, tobacco and alcohol) workplace.
3. The availability of drug counse\ing, rehabilitation and employee-assistance
programs.
•
4. The penalties that may be imposed upon employees for drug abuse
violations.
C. Requiring that each employee engaged in the performance of the contract or grant
be given a copy of the statement required by subdivision (A.) and that, as a
condition of employment on the contract or grant, the employee agrees to abide by
the terms of the statement.
I, the undensigned, agree to fulfill the terms and requirements of Government Code Section 8355
listed above and will publish a statement notifying employees concerning (A.) the prohibition of
controlled substance at the workplace, (B.) establishing a drug-free awareness program, and (C.)
requiring that each employee engaged in the performance of the contract be given a copy of the
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY A| I ACHMENT NO. 2 TO AGREEMENT -1
EXTERIOR IMPROVEMENTS
05/10/02
. ^ `
statement required by Section 8355(A.) and requiring that the employee agree to abide by the
terms of that statement.
I also understand that if the OWNER determines that I have either (A.) made a false certification
herein, or (B.) violated this certification by failing to carry out the requirements of Section 8355,
that the contract awarded herein is subject to tmrnninaUon, suspension of paynnents, or both.
further understand that, should I violate the terms of the [)rug-Free Workplace Act of 1890. I may
be subject to debarment in accordance with the requirements of Section 8350 et seq.
I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq. and
hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.
. October 17, 2002
Date
Contractorr
1/11
Signatur of icer
Robert Oughton, Vice President
Typed Name of Officer
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO. 2 TO AGREEMENT -1
EXTERIOR IMPROVEMENTS
05/10/02
Exhibit 'B'
Conditional Waiver And Release Upon Progress Payment
(California Civil Code No. 3262 (d) (1)
Upon receipt by the undersigned of a check from
(Maker of Check)
in the sum of$
payable to
(Payee or Payees of Check)
and when check has been properly endorsed and has been paid by the bank upon which is
drawn, this document shall become effective to release pro rata tanto any mechanic's lien, stop
notice or bond right the undersigned has on the job of
(Owner)
located at
(Job Description)
to the following extent. This release covers a progress payment for labor,services,equipment or
material furnished to
(Your Customer)
through and does not cover any retention or items
(Date)
furnished after said date. Before any recipient of this document relies on it, said party should
verify evidence of payment to the undersigned.
Date:
(Company Name)
(Signature)
(Title)
Exhibit 'B'
Unconditional Waiver And Release Upon Progress Payment
(California Civil Code No. 3262 (d) (2)
The undersigned has been paid and has received a progress payment in the sum of:
for labor, services, equipment or material furnished to:
(Your Customer)
on the job of
(Owner)
located at
(Job Description)
and does hereby release pro tanto any mechanic's lien, stop notice or bond right that the
undersigned has on the above referenced job to the following extent. This release covers a
progress payment for labor, services, equipment or material furnished to:
(Your Customer)
through and does not cover any retention or items furnished
(Date)
after that date.
Date:
(Company Name)
(Signature)
(Title)
Note: This document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign it, even if you
have not been paid, use a conditional release form.
Exhibit 'B'
Conditional Waiver And Release Upon Final Payment
(California Civil Code No. 3262 (d) (3)
Upon receipt by the undersigned of a check from
(Maker of Check)
in the sum of:
payable to
(Payee or Payees of Check)
and when check has been properly endorsed and has been paid by the bank upon which is
drawn, this document shall become effective to release any mechanic's lien,stop notice or bond
right the undersigned has on the job of
(Owner)
located at:
(Job Description)
This release covers the final payment to the undersigned for all labor, services, equipment or
material furnished on the job, except for disputed claims for additional work in the amount of
$ . Before any recipient of this document relies on it,
the party should verify evidence of payment to the undersigned.
Date: •
(Company Name)
(Signature)
(Title)
Note: Single or joint payee may be used. Release effective when check clears the bank with
proper endorsement.
Exhibit 'B'
Unconditional Waiver And Release Upon Final Payment
(California Civil Code No. 3262 (d) (4)
The undersigned has been paid in full for all labor, services, equipment or material furnished to
(Your Customer)
on the job of
(Owner)
located at
(Job Description)
and does hereby waive and release any right to a mechanic's lien,stop notice,or any right against
a labor and material bond on the job,except for disputed claims for extra work in the amount of:
Date:
(Company Name)
(Signature)
•
(Title)
Note: This document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign it,even if you
have not been paid. If you have not been paid, use a conditional release form.
Exhibit •
'C '
TILDEN-COIL CONSTRUCTORS, INC.
SAFETY PROGRAM
CODE OF SAFE WORK PRACTICES
General Conditions:
1. All persons shall follow these safety rules, render every possible aid to safe operations, and report all unsafe
conditions or practices to immediate supervisor.
2. Foremen shall insist on employees observing and obeying every rule,regulation and order,as is necessary to the
safe conduct of the work, and shall such action as is necessary to obtain observance.
3. Job supervision shall be responsible for regularly inspecting work areas at frequent intervals for both unsafe
physical conditions,including methods and processes,and the unsafe actions of employees. They shall arrange for
the correction of such conditions.
4. All employees shall be given accident prevention instructions,particularly those regarding hazards and safety
precautions applicable to the type of work in question. Instructions should be given to correspond with the
progress of the job.
5. There will be a tailgate/safety meeting held once a month minimum. Frequency of meetings is dependant upon
job requirements. All workmen of the job will attend and sign the attendance list,listing the name and company
they are employed by.
6. Anyone under the influence of intoxicating liquor or drugs shall not be allowed on the job. No alcohol or
drugs will be allowed on the jobsite at any time.
7. Scrap and form lumber with protruding nails and all other debris shall be kept reasonably free from work areas,
passageways, and stairs in and around the jobsite.
8. Employees shall not enter manholes, underground vaults, chambers, tanks, silos, or other similar places that
receive little ventilation,unless it has been determined that the air contains no flammable or toxic gases or vapors.
Ventilate thoroughly if no means of testing is available. NEVER ENTER ALONE.
9. Employees should be alert to see that all guards and other protective devices are in proper place and adjusted,
and shall report deficiencies promptly to the foreman or superintendent.
10. All injuries shall be reported promptly to an authorized representative of the employer so that arrangements
can be made for medical or first-aid treatment.
11. When lifting heavy objects, use the large muscles of the leg instead of the smaller muscles of the back.
12. Tennis shoes or shoes with thin/work soles shall not be work by any trade.
13. Arrange work so that you are able to face ladder and use both hands while climbing.
14. Gasoline shall not be used for cleaning purposes.
15. No burning,welding,or other source of ignition shall be applied to any enclosed tank or vessel,even if there
are some openings, until it has first been determined that no possibility of explosion exists and authority for the
work is obtained from the employer's representative.
16. Subcontractors are to provide their men with hard hats. Hard hats shall be work when overhead work is going
on, per OSHA requirements, or in any situations that the project superintendent and/or manager feels head
protection is required.
17. No radios, glass bottles or dogs will be allowed on the jobsite.
18. Everyone on the job will wear a shirt and long pants at all times.
19. Toxic wastes or chemicals will not be disposed of on the jobsite. If it is necessary to have toxic materials on
the jobsite,the containers must be clearly identified and properly disposed of.
Use of Tools and Equipment
20. Keep faces of hammers in good conditions to avoid flying nails and bruised fingers.
21. Do not lift or lower portable electric tools by means of the power cord. Use a rope or handle.
22. Do not use broken or damaged tools and equipment. Return to warehouse or repair as necessary for safe use.
Advise superintendent immediately.
23. Never block safety guard or skillsaws or any other tools .
24. Old and unsafe ladders are not to be used.
25. Fire extinguishers to be available when required, and at all times when welding.
Machinery and Vehicles
26. Do not attempt to operate machinery or equipment without special permission unless that is one of your
regular duties.
27. Loose or frayed clothing,dangling ties,finger rings,etc.shall not be worn around moving machinery or other
sources of entanglement.
28. Machinery shall not be repaired or adjusted while in operation,nor shall oiling of moving parts be attempted,
except on equipment that is designed or fitted with safeguards to protect the person performing the work.
29. Do not work under vehicles or equipment or machinery supported by jacks or chain hoists without protective
blocking that will prevent injury if jacks or hoists should fail.
30. Operation of tractors,skiploaders,forklifts,bulldozers,and carryalls should be handled with care where there is
possibility of overturning in dangerous areas like edges of deep fills, cut banks and steep slopes.
31. Pickup and/or delivery of supplies or equipment shall be limited to normal working hours (7:00 a.m.- 3:30
p.m.) unless previously arranged with Project Manager.
Osha Rules and Regulations to Be Followed at All Times
/. ~. Exhibit "D"
This form should be sent to the Joirenticeshi Committee
of the craft or trade in the area of the site of the public work. If
you have any questionsofthe address ~rr~r'.^` Joint PUBLIC WK�������
ApprenticeshipCommittee, contact thenearest office of the
WORKS
� '-xn of Apprenticeship Standards (DAS). Consult your CONTRACT AWARD INFORMATION directory under California, State of, Industrial
"."uons, for the DAS office in your area.
^^= OF CONTRACTOR CONTRACTOR'S STATE LICENSE NO.
Letner Roofing Company 689961
""^=^","°'" "^.u"" ADDRESS — °.""= ^ °,"EE`, c.rr. ZIP CODE .^m^ "=o« a TELEPHONE NO
1490 N. Glassell Street
Orange, CA 92867 714/633-0030
^^", x LOCATION OF PUBLIC WORKS PROJECT DATE OF CONTRACT AWARD
September 26, 2002
A.K. Smiley Public LExterior Improvements
125 W. Vine Street DATE OF EXPECTED OR ^"`"^`'== Or ""='"=`
Redlands, CA 92373 September 17, 3002
^^", ^ ADDRESS OF ,Uauc ^ar°c, ^~^xu.*: CONTRACT ESTIMATED NUMBER or JOURNEYMEN HOURS
City of Redlands
824
35 Cajon Street
eprilandn, CIX 92373
APPRENTICES
O,""~^`.o" O, APPRENTICE | NUMBER TO BE "",Lo.co| ^~~"u,.°°,c DATES TO BE EMPLOYED
Roofers Varies Indefinite
Check One Of The Boxes Below
Please Note: Your election of options be/ow/ is not to be deemed a request for the immediate dispatch of
apprentices. Contractors must make a separate request for actual dispatch.
We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code
of Regulations. We voluntarily choose to comply with the applicable Joint Apprenticeship Committee
Standards for the duration of this job only, with regard to training apprentices and to the payment of'
training contributions.
Box 2 ' We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code
of Regu|ations, but do not agree to be bound by the applicable Joint Apprenticeship Committee Standards in
training the apprentices; ins1ead, we agree to employ and train apprentice(s) in accordance with the
California Apprenticeship Council regulations, including Section 230.1 of the California Code of Ragu|a/inna,
governing employment of apprentices on public work projects.
Box 3 IX We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards. We will request dispatch of apprentices for this job in accordance
with Section 230.1 (A), California Code of Regulations.
•
Box 4 ' We will not request the dispatch of apprentice(s) since apprentices are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signature -
d Name Robert Oughton
Vice President October 17 2003
Title Date '
State of California — Department of Industrial Relations
o^s 140 (REV 8/91) DIVISION OF APPRENTICESHIP STANDARDS
Exhibit "D"
State of California
Department of Industrial Relations
California Apprenticeship Council
P. 0. Box 420603
San Francisco, CA 94142
TRAINING FUND CONTRIBUTIONS
Please use a separate form for each jobsite,
listing the occupations for the jobsite. One check,
payable to the 'California Apprenticeship Council, California Apprenticeship
may be submitted for all jobsites and/or Council
occupations. Training fund contributions are not
accepted by the California Apprenticeship Council
for federal public works projects, or for non- -:-
apprenticeable occupations such as laborers,
utility technicians, teamsters, etc.
NAME AND ADDRESS OF CONTRACTOR/SUBCONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE.NUMBER -
Letner Roofing Company
1490 N. Glassell Street 689961
Orange, CA 92867
CONTRACT OR PROJECT NUMBER
#22004
SAME ANC ADDRESS OF PUBLIC AGENCY AWARDING CONTR,,CT JOBSiTE LOCATION (INCLUDE COUNTY)
A.K. Smiley Public Library
City of Redlands
125 W. Vine Street
35 Cajon Street Redlands, CA 92373 San BarnardinD CbaTty -
Redlands, CA 92373
PERIOD COVERED BY CONTRIBUTION
CLASSIFICATION(S) OF WORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC.) HOURS CONT. RATE AMOUNT
PER HOUR
Union Roofers Locals BUR 220 & 36 Tile 2361 Signatory
SIGNATURE DATE
Jerald McNatt October 23, 2002
I /
TITLE AREA CODE & TELEPHONE NUMBER
Vice Presideniy 714/633-0030
/
CAC 2 (REV. 10/91)
L/ TRAINING FUND CONTRIBUTIONS L.C. 1777.5
LABOR CODE SECTION
§1771. Requirement of Prevailing Local Rate for Work under Contract.
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public
works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency
with its own forces. This section is applicable to contracts let for maintenance work.
§1775.Forfeiture for Paying Less than Prevailing Rate; Rights of Workers; Stipulation in Contract;Action for Recovery by
Division of Labor Standards Enforcement.
The contractor and any subcontractor under him or her shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded,forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid
less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public
work done under the contract by him or her or, except as provided in subdivision (b), by any subcontractor under him or her. The
amount of this penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake,
inadvertence, or neglect of the contractor or subcontractor in failing to pay the correct rate of prevailing wages,or the previous record
of the contractor in meeting his or her prevailing wage obligations, or the willful failure by the contractor or subcontractor to pay
the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not
excusable if the contractor or subcontractor had knowledge of his or her obligations under this part. The difference between the
prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid
less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract
shall cause to be inserted in the contract a stipulation that this section will be complied with.
If a worker employed by a subcontractor on a public works project is not paid the general prevailing per them wages by the
subcontractor,the prime contractor of the project is not liable for any penalties under subdivision (a)unless the prime contractor had
knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime
contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works
project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per them wages by the subcontractor
to the employees, by periodic review of the certified payroll records of the subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages,
the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining
sufficient funds due the subcontractor for work performed on the public works project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall
obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified
general prevailing rate of per them wages to his or her employees on the public works project and any amounts due pursuant
to Section 1813.
The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by
the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay
workers the general prevailing rate of per them wages.If the Division of Labor Standards Enforcement determines that employees of
a subcontractor were not paid the general prevailing rate of per them wages and if the body awarding the contract under which the
employees performed work did not retain sufficient money under the contract to pay those employees the balance of wages owed
under the general prevailing rate of per them wages, the contractor shall withhold an amount of moneys due the subcontractor
sufficient to pay those employees the general prevailing rate of per them wages if requested by the Division of Labor Standards
Enforcement. The contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the
Division of Labor Standards Enforcement that the wage complaint has been resolved.If notice of the resolution of the wage complaint
has not been received by the contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works
project, whichever occurs later, the contractor shall pay all moneys retained from the subcontractor to the awarding body. The
moneys shall be retained by the awarding body pending the final decision of an enforcement action, and be forwarded to the Labor
Commissioner for disbursement pursuant to subdivision (d) if the subcontractor does not prevail in the action. Wages for workers
who cannot be located after a diligent search by the Labor Commissioner shall be deposited in the Industrial Relations Unpaid Wage
Fund pursuant to subdivision (c) of Section 96.7. Penalties shall be paid into the General Fund.
If the subcontractor prevails in the enforcement action, the awarding body shall release any funds retained pursuant to this subdivision
to the contractor within 10 working days from the date of the final decision of the court.
To the extent that there is insufficient money due a contractor to cover all penalties and amounts due in accordance with this section
or Section 1813, and in all cases where the contract does not provide for a money payment by the awarding body to the contractor,
the awarding body shall notify the Division of Labor Standards Enforcement of the violation and the division, if necessary with the
assistance of the awarding body, may maintain an action in any court of competent jurisdiction to recover the penalties and the
amounts due provided in this section. This action shall be commenced not later than 180 days after the filing of a valid notice of
completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not
later than 180 days after acceptance of the public work,whichever last occurs.No issue other than that of the liability of the contractor
and subcontractor for the penalties allegedly forfeited and amounts due shall be determined in the action, and the burden shall be upon
the contractor and subcontractor to establish that the penalties and amounts demanded in the action are not due.
The contractor and subcontractor shall be jointly and severally liable in an enforcement action for any wages due. Following entry
of a judgment for joint and several liability, the division shall first exhaust all reasonable remedies to collect the amount due from the
subcontractor before pursuing the claim for wages against the contractor.From the amount collected from the subcontractor,the wage
claim shall be satisfied prior to the amount being applied to penalties.
Out of any money withheld, recovered, or both, there shall first be paid the amount due each worker, and if insufficient funds are
withheld, recovered, or both,to pay each worker in full,the money shall be prorated among all workers.
This section shall remain in effect only until January 1,2003,and as of that date is repealed,unless a later enacted statute,that is enacted
before January 1, 2003,deletes or extends that date.
§1776. Payroll Record of Wages Paid;Inspection; Effect of Noncompliance;Penalties.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address,social security number, work
classification,straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in connection with the public work.
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the
following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or
her employees on the public works project.
(b) The payroll records enumerated under subdivision shall be certified and shall be available for inspection at all reasonable hours at
the principal office of the contractor on the following basis.
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or
his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished
upon request to a representative of the body awarding the contract,the Division of Labor Standards Enforcement, and the
Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public
for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the
contract, the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement.If the requested payroll
records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records,
reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made.
The public shall not be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division.
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested
the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or
obliterated in a manner so as to prevent disclosure of an individual' s name, address, and social security number.The name and address
of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a),
including the street address,city and county, and shall,within five working days,provide a notice of a change of location and address.
(g) The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the
records enumerated in subdivision(a).In the event that the contractor or subcontractor fails to comply within the 10-day period, he
or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five
dollars ($25) for each calendar day,or portion thereof, for each worker, until strict compliance is effectuated.Upon the request of the
Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress
payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor
to comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250),
Division 7, Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8 (commencing with Section 1798), Part
4, Division 3, Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for
reproducing copies of records required by this section.
(j) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is
enacted before January 1,2003,deletes or extends that date.
§1777.5. Employment of Apprentices on Public Works.
Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is
employed, and shall be employed only at the work of the craft or trade to which he or she is registered.
Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements
under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed on public works. The employment and
training of each apprentice shall be in accordance with the apprenticeship standards and apprentice agreements under which he or she
is training.
When the contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him or
her, in performing any of the work under the contract or subcontract, employs workers in any apprenticeable craft or trade, the
contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft
or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor under the apprenticeship
standards for the employment and training of apprentices in the area or industry affected. However, approval as established by the
joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint
apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor
shall submit contract award information to the applicable joint apprenticeship committee that includes an estimate of journeyman
hours to be performed under the contract,the number of apprentices to be employed, and the approximate dates the apprentices will
be employed. There is an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship
standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in
apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for
approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio
of work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio
stipulated in the apprenticeship standards under which the joint apprenticeship committee operates,but,except as otherwise provided
in this section, in no case shall the ratio be less than one hour of apprentices work for every five hours of labor performed by a
journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five
journeymen.
Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint
apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by
journeymen so employed,except for the land surveyor classification. The contractor shall employ apprentices for the number of hours
computed as above before the end of the contract.However,the contractor shall endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly
apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards,upon application of a joint
apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade
classification.
The contractor or subcontractor,if he or she is covered by this section, upon the issuance of the approval certificate, or if he or she
has been previously approved in the craft or trade,shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the apprenticeship standards. Upon proper showing by the contractor that he or she employs apprentices in the craft
or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five
hours of labor performed by a journeyman or, in the land surveyor classification, one apprentice for each five journeymen, the
Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio as set forth in this
section. This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work
through a general or prime contractor,when the contracts of general contractors or those specialty contractors involve less than thirty
thousand dollars ($30,000) or 20 working days. Any work performed by a journeyman in excess of eight hours per day or 40 hours
per week shall not be used to calculate the hourly ratio required by this section.
"Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance
with rules and regulations prescribed by the California Apprenticeship Council.The joint apprenticeship committee has the discretion
to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship,exempting a contractor from the
1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(b) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(c) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either on a statewide basis or on a local basis.
(d) Assignment of an apprentice to any work performed under a public works contract would create a condition that would
jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to
which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
When exemptions are granted to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local
or statewide basis,the member contractors will not be required to submit individual applications for approval to local joint
apprenticeship committees, if they are already covered by the local apprenticeship standards.
A contractor to whom the contract is awarded,or any subcontractor under him or her, who,in performing any of the work
under the contract,employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to
a fund or funds to administer and conduct the apprenticeship program in any craft or trade in the area of the site of the public
work,to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute
to the fund or funds in each craft or trade in which he or she employs journeymen or apprentices on the public work in the
same amount or upon the same basis and in the same manner as the other contractors do, but, where the trust fund
administrators are unable to accept the funds, contractors not signatory to the trust agreement shall pay a like amount to the
California Apprenticeship Council.The contractor or subcontractor may add the amount of the contributions in computing
his or her bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of the
contributions to the fund or funds as set forth in Section 227.
The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The
stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime
contractor.
All decisions of the joint apprenticeship committee under this section are subject to Section 3081.
§1813.Penalty when Workman Required to Work Excess Hours;Stipulation in Contract;Cognizance and Report of Violations.
The contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit
twenty-five dollars ($25) for each workman employed in the execution of the contract by the contractor or by any subcontractor for
each calendar day during which the workman is required or permitted to work more than 8 hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding
body shall cause to be inserted therein a stipulation to this effect. The awarding body shall take cognizance of all violations of this
article committed in the course of the execution of the contract,and shall report them to the officer of the state or political subdivision
who is authorized to pay the contractor money due him or her under the contract.
§1815.Work Performed in Excess of Specified Hour Limitations;Compensation.Notwithstanding the provisions of Sections 1810
to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said
sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be
permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic
rate of pay.
EXHIBIT 'D'
•
AFFIDAVIT OF PREVAILING WAGE
I certify under the penalty of perjury that we have paid the specified prevailing wages and amounts
pursuant to Labor Code section 1813 on the project.
Signature
Date:
Name & Title (please print)
Company
Note: To be filed at project completion.
Exhibit "D"
LABOR COMMISSIONER,STATE OF CAUFORNIA
Department of Industrial Relations 0 F
DIVISION OF LABOR STANDARDS ENFORCEMENT .........
.•• uREK4 •••
Bureau of Field Enforcement .* •..
.**
333 liest Third Street, Roam 140
• OP 7,1
San Permrdinn, a 92401
rr
0 - 6 fTli
CONTRACTOR 4162
v. ilk
.0ift
0.0 /
CATE
IN REPLY. REFER TO CASE NUMBER:
PUBLIC WORKS FRINGE BENEFIT STATEMENT
PROJECT / CONTRACT NUMBER
ADDRESS / LOCATION
NAME or PLAN
HEALTH AND CONTRIBUTIONS
MADE:
WELFARE ADDRESS
WEEKLY
NAME OF ADMINISTRATOR
MONTHLY
ADDRESS
QUARTERLY
CLASSIFICATION(5) OF WORKERS AMOUNT OF CONTRIBUTION PER
CLASSIFICATION PER HOUR
I I ANNUALLY
NAME OF PLAN
PENSION CONTRIBUTIONS
MADE:
ADDRESS
WEEKLY
NAME OF ADMINISTRATOR
II MONTHLY
ADDRESS
QUARTERLY
CLASSIFICATION(S) OF WORKERS AMOUNT OF CONTRIBUTION PER
CLASSIFICATION PER HOUR
ANNUALLY
PLEASE COMPLETE THE REVERSE SIDE
PW • z6 15/S7) PUBLIC WORKS FRINGE BENEFIT STATEMENT
Exhibit "D"
LABOR COMMISSIONER,STATE OF CAUFORNIA
Department of Industrial Relations P`•••0 F• • Ty
DIVISION OF LABOR STANDARDS ENFORCEMENT c ,•••EUaeK,4 ••••,F
Bureau of Field Enforcement /
303 West 'Third Street, Room 140 ij:• C....- 71
Sen Bernardino, CA 92401 0x -",'- ''
u i
CONTRACTOR: 1 y 41/ mI
r 7 - „4 0i
I `� :a• '
CgLIFORN\P
_I I
L— i
LATE• IN REPLY, REFER TO CASE NUMBER:
PUBLIC WORKS FRINGE BENEFIT STATEMENT
PRO/ECT/ CONTRACT NUMBER
ADDRESS / LOCATION
NAME OF PLAN
CONTRIBUTIONS
HEALTH AND MADE:
WELFARE ADDRESS
WEEKLY
NAME OF ADMINISTRATOR
II MONTHLY
ADDRESS y
IQUARTERLY
CLASSIFICATION(5) OF WORKERS AMOUNT OF CONTRIBUTION PER
CLASSIFICATION PER HOUR- I I ANNUALLY
NAME OF PLAN
• CONTRIBUTIONS
PENSION MADE:
ADDRESS
' I I WEEKLY
NAME OP ADMINISTRATOR
II MONTHLY
ADDRESS
• I I QUARTERLY
CLASSIFICATION(S) OF WORKERS AMOUNT OF CONTRIBUTION PER
CLASSIFICATION PER HOUR I I ANNUALLY
PLEASE COMPLETE THE REVERSE SIDE
PW• 26 (5/67) PUBLIC WORKS FRINGE BENEFIT STATEMENT
WeatV....---m•-• •••••••,.•-•••-•-•••,.c.-•••• •••••-w.Amcg.w...,.r4.gcc...%;:•,mcco•,..c#-P3410ccalcao-VcW4WAMSOW-WIWAI
'.2.176••'•••'-••••''.--?'-'-','•'"''•:-r•-'',IWW -....',-<•-•.•,•,.--,,,,,.„ .-.....-,-....t41,--. 4"......--..„.,/,-„.,--\'''''L'..Vt,,•*_-,,,,,,,_-,,,,,,,,,,„:••••••4-.4%,...-'W,.....,,,,. .,..._•••,....,..n4.1•••,••• •.. ..e.,-Ig•,•,A•g,••1.,•.,0•••••••M.•,- •.•,-......‘...,,,,; -- -,-,•••........, V1..,
'''*'*C-a'''I''S'' ';';''4t5't*41k'-'eZSIII''''W' t''..""••'''''''''''------"-'"'--.----'-'•''''''''''''',•••'`'''' ..""'-‘'''''`"'"''''''''' '',. `'`‘'' ''''-.-'"'=='::,`, .',,,,,--,Z:.,''.., '',,,,,,,,''',. ',\-„,:,-..' k,,''',-t,,„',.-,'-''Wrft:gartti,r.r.tFfeqOVi .,'.A,IY,,,,,t,Vfl,:',t;,;-,'. ;,,,,,,S7,,,,,,,,,,T,,,,,,,,,,,,,,,,,,,,,,,e, ,,v.,
>'r''',.-',.'S'',...-,;''g-,r .Z.i,' ,,,. .',..j0*:tk.,,.,`,Y''',Z.,-.'-,-,VF:,..',k,t4,t;:Mi,Y,,-,,Z',in, -,:',i'Zi'.,:]'g,,,,,,:,,,,,Wrqn-,,,,, ,,,,,,-, .,.. .^V,,:-r;.:,t,-',..--,A,''",:,,n\, ''';,"'`'',,,,,..,,,,°t,-''..-.<*..i.,,,-,W..atVkW-.,Wt;,-,*',:erAt,V-. ..,,:e.r=ai.. ,-,%-Mt--rVt% •'t.#gCfef':.,-g,,,,,i'j..t,,,,,f,,,'.Zit:',,,,,t6SWf P-,-VM>,,U.VA-AI,;g;',..ftt,V*Z-*tS.:S:*r,, ,V,VA—AV).4
,':„''_.'*_''..'xwk,,,,..":.,g,,,,o'ma-ome'-S-mm'As",•••••W•••••4••g•-•_•;••,•••;•,,,,,,,E,,,,•-•",,V,,,,,,A,S.S-...,,,, ,,,,,,,,.*,',=-.. ,'',,,',2S-r'Mf,t....',.a....-,,,,,,-,S,,,,......,..,-,,,,,,-, -
••••••••••• •,,V.•-&-e,',...-••••4,,,,,,,,,••bo,,,,,,,,,,,,w•••••,,,,,,,i•••••••,..,,,...„..,-,„•,,,...„,__,_----------—• -- - . - .-. . .
--••••r••/;-.W.'r-•,.•••••,k,..a••••,•••,-,o,--•••-•,5,•-•-••-,•-•--,-•-•••,,•-•••,
•
, .
•
•
. • . - •
•
•
6 • _
E.'
111111111111111
. „
. 1 .
-6-;
,
.0
t11 Q .
CI a
..<
....
64 .
1Z
6 . 6 ' 15
i Iii
t§
y
o I4 III lilal illgkNill
le
I
0
I *it 5
i II li 1 lel I I F, II
*cc
§ . 0 I ••.,
tc
i x 0
<
1111a1 1 I ..
I IIII * 11011
au'
R cz
0.
CC ,
6 1 a I
co 5
(.9 cc cr
0 I 0 I ..... Ill 1
U.
cc
0
(f) W —
0
. _...-w
•,c
..c
a _
8 g g 0
.---
•
. .
I
....
rs,
E.-- 0s.z.
! 1 ! I g ,.. !
o
I I
• ci -
§
.....
:
O..
.
gi
K. ii K
W 41. ci
t-
II I I
Cr
I
1 1"-61.
,.....---- -.---
_.
_ --
.?s .
. ..J U.
_ ......_
. E .
""i Lti W
-J ...
......„
. .
' ..
NOTICE TO PUBLIC ENTITY ...
For Privacy Considerations .
Fold back along dotted line prior to copying for release to
general public (private persons) .
(Paper Size then 8-1/2 x 11) .
. .
.14
u -402
BOND PREMIUM BASED ON BOND NO. 3SM 048 697 00
FINAL CONTRACT PRICE CONTRACT PERFORMANCE BOND PREMIUM: $1 ,910.00
CALIFORNIA PUBLIC WORK EXECUTED IN DUPLICATE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the [ ] CITY OF REDLANDS
(sometimes referred to hereinafter as "Obligee") has awarded to
DANNY LETNER, * , hereinafter designated as the "Contractor" an agreement for the work
described as follows:
[A.K. SMILEY PUBLIC LIBRARY EXTERIOR IMPROVEMENTS
* INC. dba LETNER ROOFING COMPANY
(Hereinafter referred to as the "Public Work"' and WHEREAS, the work to be performed by the
Contractor is more particularly set forth in that certain contract for the said Public Work dated
SEPT. 26, 2002 , incorporated herein by this reference; and
WHEREAS, the Contractor is required by said Public works Contract to perform the terms thereof
and to provide a bond both for the performance and guaranty thereof.
COMPANY
NOW, THEREFORE, we, DANNY LETNER, INC. dba LETNER ROOFING / the undersigned
Contractor, as Principal, and AMERICAN MOTORISTS INSURANCE **,_a corporation organized and
existing under the laws of the State of ILLINOIS , and duly authorized to transact business
under the laws of the State of California, Surety, are held and firmly bound unto the [
CITY OF REDLANDS JObigee in the sum of ONE HUNDRED FIFTY TWO THOUSAND
SEVEN HUNDRED SEVENTY ONE NO/100DOIlars ($ 152,771 .00 ), said sum being not less
than one hundred (100%) percent of the total amount payable by the said Obligee under the
terms of the said Public Works Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents. ** COMPANY
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the said Public
Works Contract and any alteration thereof made as therein provided, on his or its part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and
workmanship; and shall indemnify and save harmless the Obligee, its officers and agents, as
stipulated in said Public Works Contract, then this obligation shall become null and void; otherwise
it shall be and remain in full force and effect. In case suit is brought upon this bond, the said
Surety will pay to Obligee a reasonable attorney's fee to be fixed by the Court.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Public Works Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way 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.
CITY OF REDLANDS PERFORMANCE BOND - 1
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
No final settlement between the Obligee and the Contractor shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
Principal and Surety agree that if the Obligee is required to engage the services of any attorney in
connection with the enforcement of this bond, each shall pay the Obligee's reasonable attorney's
fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of
OCTOBER , 2002.
PRINCIPAL:
DANNY LETNER, INC. dba
LETNER ROOFIN . PANY
t —""111.1PJ11111
*411WIC'
p1.247.71ght
SURETY:
AMERICALA_ARIS44,4 ISU' vf AN4MPANY
4-4rAmminwir Ampr
By: ,
ttorney-I n-F
'fRTHA J. CHA§„E
The rate of premium on this bond is $12.50 per tho sand. T e total amount of premium
charges, $ 1,910.00
(The above must be filled in by corporate attorney.)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the
California Insurance Commissioner authorizing them to write surety insurance defined in Section
105 of the California Insurance Code, and if the work or project is financed, in whole or in part,
with federal grant or loan funds, must also appear on the Treasury Department's most current list
(Circular 570 as amended).
CITY OF REDLANDS PERFORMANCE BOND - 2
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
` *
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) AMERICAN MOTORISTS INSURANCE COMPANY
7470 N. FIGDEQ0A STREET
LOS ANGELES, CA 90041
(Name and Address of Agent or LOU JONES & ASSOCIATES
Representative forservice of 7470 N. FIGUEROA STREET
process in California, if LOS ANGELES, CA 90041
different from above)
(Telephone number of Surety and (223)257-8291
Agent or Representative for service
of process in California) /323\257-829I
STATE OF CALIFORNIA >
COUNTY OF ) ss.
On this day of , in the year 2002, before me,
. a Notary Public in and for said atste, personally appeared
. known to me to be the person whose name is subscribed to the
within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed
the name of the
(Surety) thereto and his own name as Attorney-In-Fact.
Notary Public in and for said State
(SEAL)
Commission expires:
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto.
Federal regulations (Code Sections 6041 and 0209) require non-corporated recipients of $600.00
or more to furnish their taxpayer identification number to the payer. The payer then in turn must
furnish Form 1099 to both the payee and Internal Revenue Service showing the total payments.
The regulations also provide that a penalty may be imposed for failure to furnish taxpayer
identification number.
In order to comply with these regu|eUono, we request your federal tax identification number or
social security number, whichever is applicable.
CITY OF REDLANDS PERFORMANCE BOND - 3
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
CALIFORNIA AI-L :4311RPOSEACKNOWLEDGMENT
STATE OF California
COUNTY OF Orange
On 10/28/2002 before me, Carol L Puckett
NAME,TITLE OF OFFICIER
personally appeared Danny Letner
NAME OF SIGNER
rX I Personally known to me •R --proved-te--me-ow the-basis • - •fierice to be the
person(*)whose name(*) is/ar0 subscribed to the within
instrument and acknowledged to me that he/Stwithey
executed the same in his/1 %1ther authorized capacity(ies),
and that by his/h&fthek signature(s)on the instrument the
-42;'44-47 cAROL L.pucKErr I
M #1310187 person , or the entity upon behalf of which the person(s)
COMM ..?„,
acted, executed the instrument.i,(1;f7-44.1 - pea.C-4CAU
1 mmil My - Exp.JAY 20,2045
WITNESS my hand and official seal
(SEAL) (SIGNATURE OF NOTARY)
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
INDIVIDUAL
X CORPORATE OFFICER City of Redlands, A.K. Smiley Public Library
President Payment Bond
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S)
Limited One (1)
General NUMBER OF PAGES NOTARIZED
- -
ATTORNEY-IN-FACT
GUARDIAN/CONSERVATOR
OTHER: October 23, 2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
Letner Roofing Company Martha J. Chase (under separate notarization)
NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
1
County of LOS ANGELES , 1
I
EMILY PRECIADO, NOTARY PUBLIC
,I On OCTOBER 23, 2002 , before me, ,
Date Name and Tale of Officer(e g„'Jane Doe,Notary Public")
4 personally appeared MARTHA J. CHASE 1
Name(s)of Signer(s) 011
lig personally known to me
4 1
17] proved to me on the basis of satisfactory
t, evidence
to be the person(s) whose name(s) is/are
,t; _ -,,,,ArVtit_ t :: •n e tam sm ,.„, subscribed to the within instrument and
i '',... Vir,,-1; Nasty Public—eilliforntr3 K acknowledged to me that he/she/they executed
the same in his/her/their authorized
' "Vn.:4“ My * .1 . .,*•' ,-Jun 23, _ ----
{i capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
i the entity upon behalf of which the person(s)
acted, executed the instrument.
i WITNESS my hand and official seal.
, ..
Place Notary Seal Above Signature of Notary Public
OPTIONAL
g Though the information below is not required by law, it may prove valuable to persons relying on the document
5,.
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:
g),
Signer(s)Other Than Named Above:
% g
i Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT
OF SIGNER
7 Individual
Too of thumb here
c,-(1 E.: Corporate Officer—Title(s): )1
x-, g
Partner—E Limited 7:: General ?,
Attorney in Fact g.
e,
Ll ,.....— Trustee
(r‘i , ?.
2 Guardian or Conservator
,,--,
Other: I ?.,
, ,,''
Signer Is Representing:
`,>.•
,:;::::,7_,,,, ,, ,,....,z,,,,c,..7,,,,:f.,,,,,, ,,.„,,,e_,..,,,:, C.,,,,,,,.,„.7,17,77,7..4,,, :::,77,,:•-s7/72-„:„,27:4,s7„,,,, ,4,...,,,./...,/ ,. ...,.4:.,47.--,..::::/:,,,.....,.,,-. ../7.,..,.'24.C,./.','1"..747. 7'
V'999 National NMI,/44300.3004.9350 Ox Coto Ave P0 Box 2402•Chatsworth,CA 9,313.2402•&vex rtanortalootartx org Cud,No 5907 .eomer,Cad Toil-irme 1 800-a76,682-
Please complete the information below:
COMPANY NAME Danny Letner Inc. DEA Letner Roofing Company
ADDRESS 1490 N. Glassell Street Orange CA 92867
Street City State Zip
TYPE OF BUSINESS ENTITY TAXPAYER IDENTIFICATION #
Individual 33-0603152
Sole Proprietorship Employer identification #
Partnership
Corporation Social Security#
• tipp
41111P.'
.46416,
Date: October 24, 2002
Signa e
Title President
Under penalties of perjury, I certify that the number indicated on this form is my correct taxpayer
identification number.
CITY OF REDLANDS PERFORMANCE BOND -4
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
PAYMENT BOND BOND NO.- 3SM 048 697 00
CALIFORNIA PUBLIC WORK PREMIUM: INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: EXECUTED IN DUPLICATE
THAT WHEREAS, the [ ] City of Redlands
(sometimes hereinafter referred to as "Obligee") has awarded to
DANNY * (hereinafter designated as the "Contractor"), an agreement dated:
, for work described as follows: * LETNER, INC. dba LETNER ROOFING COMPANY
[ A.K. SMILEY PUBLIC LIBRARY EXTERIOR IMPROVEMENTS ]
(hereinafter referred to as the "Public Works Contract") and
WHEREAS, said Contractor is required to furnish a bond in connection with said Public Works
Contract, and pursuant to Section 3247 of the California Civil Code;
COMPANY
Now, therefore, we, DANNY LETNER, INC.dba LETNER ROOFING/ the undersigned Contractor, as
Principal; and
a corporation organized and existing under the laws of the State of California, and duly authorized
to transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the [ CITY OF REDLANDS ] Obligee and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the California Civil
Code in the sum of: ONE HUNDRED FIFTY TWO THOUSAND
SEVEN HUNDRED SEVENTY ONE AND NO/100 Dollars($152,771.00 ),
said sum being not less than one hundred (100%) percent of the total amount payable by the said
Obligee under the terms of the said Public Works Contract, for which payment well and truly to be
made, we bind ourselves, our heirs, executors, successors, administrators, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or its heirs,
executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon, for, or
about the performance of the Public Work contracted to be done, or to pay any person for any
work or labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Contractor and his Subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties
hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise
the above obligation shall be void.
CITY OF REDLANDS PAYMENT BOND - 1
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
,
In case suit is brought upon this bond, the same Surety or Sureties will pay a reasonable
attorney's fee to be fixed by the Court. In addition to the provisions hereinabove, it is agreed that
this bond will insure to the benefit of any and all persons, companies and corporation entitled to
serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or additions to the terms of the said Public Works Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way 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.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of
any beneficiary hereunder whose claim may be unsatisfied.
Principal and Surety agree that if the Obligee is required to engage the services of any attorney in
connection with the enforcement of this bond, each shall pay the Obligee's reasonable attorney's
fees incurred,with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of
OCTOBER ,2002.
PRINCIPAL:
DANNY LETNER,a T.....010.61..
LE , ' '00 -oottir .
If 'w+4i x 'f es.i.-
SURE '. .
RIC k ► 141i; SU ,,di 0°f 'ANY
Apr of
B =
Attorney-In- ,m"ct
MARTHA J J. CHAS r.-
IMPORTANT:
IMPORTANT: Surety companies executing Bonds mit possess a gcerti ca '.n of authority from
the California Insurance Commissioner authorizing them to write tire nsurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in
part, with federal grant or loan funds, must also appear on the Treasury Department's most
current list(Circular 570 as amended).
CITY OF REDLANDS PAYMENT BOND - 2
AK, SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
THIS IS A REQUIRED FORM.
(Name and Address of Surety) AMERICAN MOTORISTS INSURANCE COMPANY
7470 N. FIGUEROA STREET
LOS ANGELES, CA 90041
(Name and Address of Agent or LOU JONES & ASSOCIATES
Representative for service of 7470 N. FIGUEROA STREET
process in California, if LOS ANGELES, CA 90041
different from above)
(Telephone number of Surety and (323)257-8291
Agent or Representative for service
of process in California) (323)257-8291
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On this day of , in the year 2002, before me,
, a Notary Public in and for said state, personally appeared
, known to me to be the person whose name is subscribed to the
within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed
the name of the
(Surety) thereto and his own name as Attorney-In-Fact.
Notary Public in and for said State
(SEAL)
Commission expires:
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto.
CITY OF REDLANDS PAYMENT BOND - 3
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
STATE OF California
COUNTY OF Orange
On 10/28/2002 before me, Carol L Puckett
NAME,TITLE OF OFFICIER
personally appeared Danny Letner
NAME OF SIGNER
[x I Personally known to me -OR ] proved to me-en-the basis-of-so* . :,- - .*;ence to be the
personW whose name(s) is/am subscribed to the within
instrument and acknowledged to me that hetWaeittfey
executed the same in hi~thfe4 authorized capacity(ies"),
OL LPUCKETT and that by his/Wit-boa signature(s) on the instrument the
's-
- APIIINNFA: COMM.#1310187
person , or the entity upon behalf of which the person(X)
> a to p NOTARY RSUCCALIFORNIA 22 acted, executed the instrument.
My Comm Exp..AilY 20,2005
WITNESS my hand and official seal
.." i
.d..-i--‘,-,e,, )-4'. - •••fr-0
(SEAL) (SIGNATURE OF NOTARY)
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
INDIVIDUAL
X CORPORATE OFFICER City of Redlands, A.K. Smiley Public Library
President Payment Bond
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S)
I Limited
L___I One (1)
General NUMBER OF PAGES NOTARIZED
ATTORNEY-IN-FACT
GUARDIAN/CONSERVATOR
fl OTHER: October 23, 2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
Letner Roofing Company Martha J. Chase (under separate notarization)
NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE
, .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
)1
i a ;
State of California
ICounty of LOS ANGELES H
, On OCTOBER 23, 2002 , before me, EMILY PRECIADO, NOTARY PUBLIC
Date Name and Title of Officer(e.g„"Jane Doe,Notary Public-)
i personally appeared MARTHA J. CHASE
Name(s)of Signer(s)
2J personally known to me y,
i Li proved to me on the basis of satisfactory ''5-,
t evidence
'I)
EMILY MECLAIX, ii, to be the person(s) whose name(s) is/are
7 1 ic.r-i'ni,., Cornmissior g 4.361551 E subscribed to the within instrument and il
Notary PLiblic—ediknilia .;= acknowledged to me that he/she/they executed
Los Ango 'County 7 the same in his/her/their authorized 't
capacity(ies), and that by his/her/their
i signature(s) on the instrument the person(s), or
i the entity upon behalf of which the person(s)
i
acted, executed the instrument.
.!
i WITNESS my hand and official seal. : 1
Place Notary Seal Above Signature of Notary Public
\ ,1
i
OPTIONAL I
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:
ii
1 Document Date: Number of Pages:
Signer(s)Other Than Named Above:
i Capacity(ies) Claimed by Signer
% Signer's Name: RIGHT THUMBPRINT
A
OF SIGNER E.' Individual
Too of thumb here
L2 Corporate Officer—Title(s): 6.
Partner—E Limited E General
7,
S Attorney in Fact >,
7:
"el --'' Trustee '•
El Guardian or Conservator
C
Other: )
7:
....- ‘,s
Signer Is Representing:
x
-7 x
0 1999 Natortar Notary AssoctaWn' 35O Os Seto Ave„PO Box 2402•Chatsworth,CA 913t3 7402•,eervi n a.t t on a i',Vat,'nr g Proo Nw 0907 Reorder.Call Toil-Free I-800-876-6827
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
Margareta T. Thorsen and Martha J. Chase of PASADENA , CA (EACH)
their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall
continue to be valid and binding upon the Company."
FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A.