HomeMy WebLinkAboutC-10018-1 - Purchase Agreement for Six (6) New Trolley Vehicles FortThe Balboa Island/Corona Del Mar Local Area Transit ServicesPURCHASE AGREEMENT
FOR SIX (6) NEW TROLLEY VEHICLES FOR THE BALBOA ISLAND/CORONA DEL
MAR LOCAL AREA TRANSIT SERVICES FROM
MODEL 1 COMMERCIAL VEHICLES, INC.
THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of
this 18th day of November, 2025 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MODEL 1 COMMERCIAL VEHICLES, INC., an Indiana corporation ("Contractor"), whose
address is 14740 Ramona Avenue, Chino, CA 91710, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires six (6) new trolley vehicles for the Balboa Island/Corona Del Mar local
area transit services ("Equipment") as set forth in Exhibit A, which is attached
hereto and incorporated herein by this reference.
C. Contractor has carefully reviewed and evaluated the specifications set forth by the
City for the Equipment and has committed to deliver the Equipment required for
the price specified in this Agreement within an estimated fourteen (14) months
commencing upon execution of this Agreement.
D. City has solicited and received a proposal from Contractor, has evaluated the
expertise of Contractor, and desires to submit an order for the Equipment under
the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual representations, warranties
and covenants, and other terms and conditions as set forth herein, Contractor and City
(each a "Party" and together the "Parties") agree as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2027, unless terminated earlier as set forth herein.
2. COMPENSATION
2.1 City shall choose the discounted purchase price as more fully described in
the Pricing Proposal attached hereto as Exhibit B and incorporated herein by reference.
The purchase price for Equipment, including all sales taxes, shall not exceed Two Million
Three Hundred Twenty One Thousand Three Hundred Forty Dollars and 00/100
($2,321,340.24), ("Total Compensation"). City shall pay Contractor the Total
Compensation in full within thirty (30) days of receipt of Equipment.
3. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
4. DELIVERY
4.1 Contractor shall deliver the Equipment to the City on the terms and
conditions as provided in Exhibit A within fourteen (14) months after execution of this
Agreement.
4.2 Delivery of the Equipment shall be made to the City's Corporation Yard at
592 Superior Avenue, Newport Beach, CA 92663, or such other location as may be
designated by City in writing. Time of delivery is of the essence in this Agreement. City
reserves the right to refuse the Equipment, or part thereof, and to cancel all or any part
of the Equipment not conforming to all applicable specifications, samples, or descriptions.
City shall receive a pro-rata refund for the Equipment, or part thereof, cancelled under
this Agreement, within thirty (30) calendar days of City's cancellation. Acceptance of any
part of the order for Equipment shall not bind City to accept future shipments nor deprive
City of the right to return Equipment already accepted at Contractor's expense. Over
shipments and under shipments of Equipment shall be only as agreed to in writing by
City. Delivery shall not be deemed to be complete until all Equipment have been
physically received and accepted in writing by the City.
4.3 Contractor shall submit all requests for extensions of time for delivery in
writing to the City Purchase Administrator not later than ten (10) calendar days after the
start of the condition that purportedly causes a delay. The Purchase Administrator shall
review all such requests and may, at his/her sole discretion, grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control. Due to global
supply chain constraints, any delivery date contained herein is a good faith estimate as
of the date of this order/contract, and merely an approximation based on current
information. Delivery updates will be made available, and a final firm delivery date will be
provided as soon as possible.
4.4 Force Maieure. The time period(s) specified in this Section for the provision
of Equipment rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or
negligence of Contractor, including but not restricted to acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including
the City, if Contractor shall within ten (10) days of the commencement of such delay notify
City in writing of the cause of the delay. City shall ascertain the facts and extent of delay,
and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the City such delay is justified. City's determination shall be final
and conclusive upon the parties to this Agreement. In no event shall the Contractor be
entitled to monetary damages for any delay in the performance of this Agreement,
Model 1 Commercial Vehicles, Inc. Page 2
regardless of cause. The Contractor's sole remedy for any such delay is an extension of
the Agreement's term as provided in this Section
4.5 Notwithstanding Section 4.4, the Parties agree that it is extremely difficult
and impractical to determine and fix the actual damages that City will sustain should the
Contractor fail to complete the delivery as called for in this Agreement. Should Contractor
fail to complete the delivery as called for in this Agreement, Contractor agrees to the
deduction of liquidated damages in the sum of One Hundred Dollars and 00/100
($100.00) per day, for every day beyond the date scheduled for delivery provided in
Sections 4.1 or 4.3. Execution of this Agreement shall constitute agreement by the City
and Contractor that the sum of One Hundred Dollars and 00/100 ($100.00) per day, is the
minimum value of costs and actual damages caused by the failure of Contractor to deliver
the Equipment within the allotted time. All liquidated damages shall be paid within ten (10)
calendar days of City's written request for payment. Such sum is liquidated damages and
shall not be construed as a penalty, and may be deducted from payments due the
Contractor, or recovered from Contractor, as applicable, if such delay occurs.
5. ACCEPTANCE/ PAYMENT
Unless otherwise agreed to in writing by City, acceptance of the Equipment shall
not be deemed complete unless in writing and until all of the Equipment, including each
part thereof, has actually been received, inspected and tested to the satisfaction of City.
6. NOTICES
6.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works
Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
6.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Jason Spore
Model 1 Commercial Vehicles, Inc.
14740 Ramona Avenue
Chino, CA 91710
Model 1 Commercial Vehicles, Inc. Page 3
7. TAXES
The Total Compensation includes any and all applicable taxes and fees, including
federal, state and/or local sales or use taxes. Contractor agrees, and is solely responsible
for, the proper submission of any and all applicable federal, state and/or local taxes and
fees to the appropriate taxing entity.
8. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the Parties with respect
to all matters herein, and there are no restrictions, promises, warranties, or undertakings
other than those set forth herein or referred to herein. No exceptions, alternatives,
substitutes or revisions are valid or binding on City unless authorized by City in writing.
Electronic acceptance of any additional terms, conditions or supplemental agreements by
any City employee or agent, shall not be valid or binding on City unless accepted in writing
by the Purchase Administrator. The terms of this Agreement shall supersede any
inconsistencies between this Agreement and the Exhibits hereto.
9. WARRANTY
9.1 Contractor expressly warrants that the Equipment covered by this
Agreement is: 1) free of liens or encumbrances; 2) of merchantable quality and good for
the ordinary purposes for which it is used; and 3) fit for the particular purpose for which it
is intended. Acceptance of this Agreement shall constitute an agreement upon
Contractor's part to indemnify, defend and hold City and its indemnities as identified in
Section 15 below, and as more fully described in Section 15, harmless from liability, loss,
damage and expense, including reasonable counsel fees, incurred or sustained by City
by reason of the failure of the Equipment to conform to such warranties, faulty work
performance, negligent or unlawful acts, and non-compliance with any applicable state or
federal codes, ordinances, orders, or statutes, including the Occupational Safety and
Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in
addition to any other remedies provided by law.
9.2 Contractor shall provide the warranties outlined in Exhibit A. All warranty
periods shall commence on the date the Equipment is accepted by the City as provided
in Section 5 above. All warranty repair work shall be conducted by a Contractor -certified
dealer/agent in the Southern California region.
9.3 As of the Effective Date of this Agreement the Contractor -certified dealer/
agent for purposes of all repairs and warranty work is: Model 1 Commercial Vehicles, Inc.
9.4 The Contractor shall provide the City with a complete set of all manuals,
documentation, and certifications ("Required Documentation") pertaining to the
Equipment. The Required Documentation shall include, but is not limited to: (1) Operation
and Maintenance Manuals: Final, complete, and official versions of all user manuals,
operation guides, maintenance procedures, technical specifications, schematics, and
parts lists for the Equipment; and (2) Warranty Certificates: All original or certified copies
of manufacturer's warranties, extended warranties, and guarantees associated with the
Equipment and any of its major components.
Model 1 Commercial Vehicles, Inc. Page 4
10. ASSIGNMENT OR SUBCONTRACTING
The terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the Parties. Furthermore,
neither the performance of this Agreement nor any portion thereof may be assigned or
subcontracted by Contractor without the express written consent of City. Any attempt by
Contractor to assign or subcontract the performance or any portion thereof of this
Agreement without the express written consent of City shall be invalid and shall constitute
a breach of this Agreement.
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11.1 In the event that either Party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that Party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days after receipt of written notice of default specifying the nature of
such default and the steps necessary to cure such default, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting Party fails to give
adequate assurance of due performance within two (2) calendar days after receipt of
written notice of default, or thereafter fails to diligently take steps to cure the default, the
non -defaulting Party may terminate the Agreement forthwith by giving to the defaulting
Party written notice thereof. City shall be refunded all money for Equipment not delivered
and accepted by City at time of termination within thirty (30) calendar days. Cause for
default shall further be defined as any breach of this Agreement, any misrepresentation
or fraud on the part of the Contractor and/or filing of any petition in U.S. Bankruptcy Court
or entering of Bankruptcy by Contractor.
11.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion without cause, of terminating this Agreement at any time by giving seven (7)
calendar days prior written notice to Contractor. Upon termination, the City shall have no
further liability, including but not limited to, any claim for lost profits, consequential
damages, or termination costs. City shall be refunded all money for Equipment not
delivered and accepted by City at time of termination within thirty (30) calendar days. On
the effective date of termination, Contractor shall deliver to City all equipment, reports,
documents and other information developed or accumulated in the performance of this
Agreement, whether in draft or final form.
12. CONSENT TO BREACH NOT WAIVER
No term or provision of this Agreement shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented to such breach. Any consent by any Party to, or
waiver of, a breach by the other, whether express or implied, shall not constitute consent
to, waiver of, or excuse for any other different or subsequent breach.
13. REMEDIES NOT EXCLUSIVE
The remedies for breach set forth in this Agreement are cumulative as to one (1)
another and as to any other provided by law, rather than exclusive; and the expression of
Model 1 Commercial Vehicles, Inc. Page 5
certain remedies in this Agreement does not preclude resort by either Party to any other
remedies provided by law.
14. FAITHFUL PERFORMANCE BOND
14.1 Contractor shall perform all work under this Agreement, taking necessary
steps and precautions to perform the work to City's satisfaction. Contractor shall be
responsible for the professional quality, technical assurance, timely completion and
coordination of all documentation and other Equipment or services furnished by the
Contractor under this Agreement. Contractor shall perform all work diligently, carefully,
and in a good and workman -like manner; shall furnish all labor, supervision, machinery,
equipment, materials, and supplies necessary therefore; shall at its sole expense obtain
and maintain all permits and licenses required by public authorities, including those of
City required in its governmental capacity, in connection with performance of the work;
and, if permitted to subcontract, shall be fully responsible for all work performed by
subcontractors.
14.2 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement a Faithful Performance Bond in the amount of one hundred
percent (100%) of the Total Compensation to be paid Contractor as set forth in this
Agreement. The form of such Faithful Performance Bond is attached as Exhibit D and
incorporated herein by reference. The Faithful Performance Bond shall be issued by an
insurance organization or surety (1) currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, (2) listed as an acceptable
surety in the latest revision of the Federal Register Circular 570, and (3) assigned a
Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
14.3. Contractor shall deliver, concurrently with execution of this Agreement, the
Faithful Performance Bond and a certified copy of the "Certificate of Authority" of the
Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or
Surety to transact surety insurance in the State of California.
15. INDEMNIFICATION
15.1 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
work performed or services or equipment provided under this Agreement including,
without limitation, defects in workmanship or materials (including the negligent and/or
willful acts, errors and/or omissions of Contractor, its principals, officers, agents,
employees, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable or any or all of them).
Model 1 Commercial Vehicles, Inc. Page 6
15.2 Notwithstanding any other provision of this Agreement to the contrary
Contractor shall not be required to indemnify the Indemnified Parties from any and all
Claims (a) arising from the sole or partial negligence (including, without limitation, active
and pass negligence) or willful misconduct of the Indemnified Parties or their boards and
commissions, officers, agents, volunteers, representatives, contractors, and employees,
as well as any third parties, or (b) that are filed in court or any other administrative agency
or asserted (in writing) against Indemnified Parties more than one (1) calendar year after
the project and/or services contemplated by this Agreement are completed. The "active
and passive negligence or willful misconduct" in the preceding sentence shall mean,
without limitation or affecting the statutory and common law legal definition, Indemnified
Parties failing to promptly follow written recommendations of Contractor arising out of or
relating to the Equipment provided. Nothing in this indemnity shall be construed as
authorizing any award of attorneys' fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Contractor; provided however, that
Contractor shall be reimbursed for any indemnification provided to Indemnified Parties
from insurance policy benefits paid to Indemnified Parties arising out of or relating to the
Claim.
16. CHARGES AND LIENS
Contractor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Contractor shall not permit any lien or charge to attach
to the Equipment, but if any does so attach, Contractor shall promptly procure its release
and, in accordance with the requirements of Section 15 above, indemnify, defend, and
hold City harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
17. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, which shall be valid
until delivery and acceptance of the vehicles as set forth in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
18. CHANGE OF OWNERSHIP
Contractor agrees that if there is a change or transfer in ownership of Contractor's
business prior to completion of this Agreement, the new owners shall be required under
terms of sale or other transfer to assume Contractor's duties and obligations contained in
this Agreement and complete them to the satisfaction of City.
19. CONFIDENTIALITY
Contractor agrees to maintain the confidentiality of all City and City -related records
and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Agreement. All such records
Model 1 Commercial Vehicles, Inc. Page 7
and information shall be considered confidential and kept confidential by Contractor and
Contractor's staff, agents, employees and subcontractors.
20. FREIGHT (F.O.B. DESTINATION)
The Total Compensation includes shipment and delivery of Equipment to
designated City location. Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated
with delivery of all products deemed necessary under this Agreement.
21. TERMS AND CONDITIONS
Contractor acknowledges that it has read and agrees to all terms and conditions
included in this Agreement.
22. SIGNATORIES AUTHORITY
Each person executing this Agreement expressly warrants that he or she is
authorized to do so on behalf of the entity for which he or she is executing this Agreement.
The City and Contractor represent and warrant that this Agreement is executed
voluntarily, with full knowledge of its significance.
23. STANDARD PROVISIONS
23.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
23.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
23.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
23.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions herein.
23.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
Model 1 Commercial Vehicles, Inc. Page 8
23.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
23.7 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California. The California Commercial Code shall be the controlling law
for the terms of this Agreement.
23.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
23.9 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either Party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
23.10 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
23.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing Party shall not be entitled to attorneys' fees.
23.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Model 1 Commercial Vehicles, Inc. Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:A /6�2 5
Aa on C. Harp Xs.2r
City Attorney 4 F-
ATTEST:
Date: ) Z/O V/ a-?,O2 �
By:
Lena Shumway
City Clerk
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---A Z %ti 25
By:
_ nAm
Joe Sta leto
Mayor
CONTRACTOR: Model 1 Commercial
Vehicles, Inc., a Indiana
Date:
Signed in Counterpart
By:
Jason Spore
Transit Bid Manager
[END OF SIGNATURES]
Equipment Specifications
Schedule of Billing Rates
Insurance Requirements
Faithful Performance Bond
Model 1 Commercial Vehicles, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: , I / 5 % 5
By. l7//
Aar n C. Harp
City Attorney
ATTEST:
Date:
Lena Shumway
City Clerk
CITY OF NE_WPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONTRACTOR: Model 1 Commercial
Vehicles, Inaa ndiana
Date:
By:
Jason Sp
Transit B Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Equipment Specifications
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Faithful Performance Bond
Model 1 Commercial Vehicles, Inc. Page 10
EXHIBIT A
EQUIPMENT SPECIFICATIONS
Model 1 Commercial Vehicles, Inc. Page A-1
VEHICLE SPECIFICATIONS
Instructions. Initial the bottom of Vehicle Specification sheet provided and remit as part of your Bid,
acknowledging a demonstrated understanding of the Vehicle Specifications. Any and all exceptions to the
stated mandatory minimum requirements shall be indicated on the Statement of Compliance (Attachment
A) and identified by the item Numberlisted in the specifications. Each specification's drop -down menu must
be completed to note as compliant or not compliant. Failure to note compliance or to list exceptions shall
result in your Bid being deemed as non -responsive.
Deviations from these specifications which exceed specified dimensions, capacity, quality or performance
may be considered unless specific or maximum requirements are set, provided the manufacturer submits
full description and explanation of and justification for proposed deviations based on acceptable
engineering practices.
TROLLEY
SPECIFICATIONS
YES
NO
UPGRADES/OPTIONS
Base Vehicle
1. Hometown Manufacturing Villager 178 Trolley
Vehicle (Six total vehicles) (or approved equal)
Chassis Options
1. Compressed Natural Gas (CNG) System (Used
with Ford F53 Gasoline Chassis)
✓
2. Aluminum Wheels
Electrical Options
1. Driver Fan
Audio Video Options
1. AM/FM/CD/IPOD/USB with 4 Speakers
2_ Page System REI with 4 Speakers
V
Flooring Options
1. Altro Transit One Piece Floor or approved equal)
Exterior Options
1. Totally Enclosed Body
2. 4 Window Pair Open Air Section Insert Included
Rain Curtains and Guard
`
3. LED Headlights
4. Ramco Heated Remote Mirrors
5. S ortsworks 2 Position Bike Rack
Paratransit Options
1. Lift, Package Braun Century, Platform Priority
Seating Signs, ADA Location Signs, ADA
Lighting, Interlock, Audible
2. Q'straint Side-N-Click (Each Position) (or
approved equal)
3. Authentic Gong Bell Passenger Stop Request
✓
Pull Cord
4. Two (2) Position Flip Seat Perimeter Fold Up with
Wood Slats
5. Storage Box for Belts — Holds One 1 Set
Safety Options
1. Escape Hatch Standard Model
2. Back Up Camera — Color Monitor
3. Drivers Stanchion, with Lexan Modesty Barrier
Interior Options
1. Natural Oak Interior with Trim
2_ Stainless Handrails Horizontal and EntryV
Graphics Options
1. Custom Two (2) Tone PPG Paint and HT Stripe
Package (as approved by City)
2. Polished Aluminum Wheels with Protective
Coating
Passenger Seating
1. Vintage Style Seats with Oat Slats (per double
Options
set) TrolleyV
Driver Seating Options
1. USSC 9100 Air Suspension Seat — Black Vinyl
or approved equal)V
DELIVERY
Bid price to include delivery to the City of Nev;port
Beach:
City of Newport Beach - Equipment Maintenance
Division Public Works Department
592 Superior Ave, Building D
Newport Beach, CA 92663
WARRANTY & MANUALS
36-month / 36,000-mile New Vehicle Limited Warrant
✓
60-month / 60.000-mile Powertrain Warranty
✓
60-month / unlimited mileage Corrosion Coverage
WarrantyV
36-month / 36.000-mile Roadside Assistance Program
Warranty!/
1 Service/Technical Manual at time of delivery (If
Manual not available online)
INITIAL: �S
MODEL 1 COMMERICAL VEHICLES
M� 9225 Priority Way W. Dr.
MODE
Suite 300
Indianapolis, IN 46240
DBA Creative Bus Sales. Inc.
City of Newport Beach
Current Critical Vehicle Status
Vehicle chassis bid will be Model Year (MY) 2026. MY2025 chassis are no longer available.
CNG system on MY2026 chassis is pending CARB Certification. This is an application process, and no
completion date has been given by CARB.
It is our goal to deliver all vehicles by the specified date of March 17, 2027, however, CNG
production/installation timeline will be wholly dependent on the availability of CNG components as
approved/certified by CARB.
If there is an issue with CARB certification for the CNG system, we can offer the vehicles with a gasoline
engine for $306,000.00 per vehicle (not including tax, license, etc.)
Setting the example the industry follows
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EXHIBIT B
SCHEDULE OF BILLING RATES
Model 1 Commercial Vehicles, Inc. Page B-1
Line Items
Discount Terms No Discount
Item ff Item Code Type Item Description
Section 1
1 Trolley Vehicles
2 Tire Recycling Fee (if applicaple)
3 Delivery for all Trolleys
4 Sales Tax 7.75%for each Trolley
5 DMV Documentation Fee (exempt plates)
6 other Miscellaneous Fee (if applicable)
7 Cost of Faithful Performance Bond for 6 Trolleys
Line Item Subtotals
5 ection Title
Section 1
UOM QTY
Unit Price
Line Total
Response
$2,321,340.2400
each
6
$356,250.0000
$2,137,500.0000
Yes
lot
1
563.0000
$63.0000
Yes
each
1
50.0000
$0.0000
Yes
each
6
$24,510.5400
$147,063.2400
Yes
each
6
$119.0000
$714.0000
Yes
lot
1
$0.0000
$0.0000
Yes
lot
1
$36,000.0000
$36,000.0000
Yes
Grand Total
Comment
included in cost of vehicle
$40,070/vehicle Is non-taxable due to ADA compliance
E-File and prep fees
Line Total
$23213402440
$2,321,3402400
EXHIBIT C
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Purchase Agreement, Contractor shall obtain, provide
and maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. Contractor agrees to provide insurance in accordance with requirements set
forth here. If Contractor uses existing coverage to comply and that coverage does
not meet these requirements, Contractor agrees to amend, supplement or endorse
the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law for all of the subcontractor's employees. The
insurer issuing the Workers' Compensation insurance shall amend its policy
by endorsement to waive all rights of subrogation against City, its City
Council, boards and commissions, officers, agents, volunteers, employees.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from bodily injury, property damage, products -
completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in
Model 1 Commercial Vehicles, Inc. Page C-1
a business contract).
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with this Purchase Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than two million dollars ($2,000,000) combined single limit for each
accident.
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
D. Products Liability Coverage. Contractor shall maintain products liability
insurance and completed operations covering claims arising out of or
resulting from defects in design, manufacture, assembly, or installation of
the trolley cars, including any work performed by subcontractors. Such
insurance shall provide coverage with limits in an amount not less than two
million dollars ($2,000,000) combined single limit for each occurrence.
Coverage under this policy shall extend for the duration of the warranty
period and for a minimum of twelve (12) months following final acceptance
of the trolley cars by the City.
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
Model 1 Commercial Vehicles, Inc. Page C-2
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Purchase Agreement shall be endorsed to waive
subrogation against City of City, its City Council, boards and commissions,
officers, agents, volunteers, employees, or shall specifically allow Contractor
or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar
written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, products and completed operations, products
liability, and automobile liability, if required, but not including professional
liability, shall provide or be endorsed to provide that City, its City Council,
boards and commissions, officers, agents, volunteers, employees shall be
included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its City Council, boards and commissions, officers, agents, volunteers,
employees. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Loss Payee. Losses payable under the "All Risk" Insurance policies shall
be paid to the City as its interests may appear.
E. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required), which
shall contain an endorsement with said required notices.
F. Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors. For CGL coverage subcontractors shall
provide coverage with a format at least as broad as CG 20 38 04 13. Limits
of liability for General Liability in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate and two million dollars ($2,000,000) completed operations
aggregate; Auto Liability in an amount not less than one million dollars
($1,000,000) combined single limit for each accident.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Model 1 Commercial Vehicles, Inc. Page C-3
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the full execution of Purchase
Agreement. Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of Agreement. Current
certification of insurance shall be kept on file with City at all times during the
term of this Contract. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. At least fifteen (15) days prior to the expiration of
any such policy, evidence of insurance showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced, Contractor shall, within ten (10) days after
receipt of written notice of such cancellation or reduction of coverage, file
with the City evidence of insurance showing that the required insurance has
been reinstated or has been provided through another insurance company
or companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
Model 1 Commercial Vehicles, Inc. Page C-4
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Purchase
Agreement under this or any other Contract or agreement with City.
Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Contract have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
Model 1 Commercial Vehicles, Inc. Page C-5
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Contractor's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City with five (5) calendar days of the
expiration of the coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Model 1 Commercial Vehicles, Inc. Page C-6
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 30254494
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 35,517.00 being at the
rate of $ 15.30/$1,000 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Model
1 Commercial Vehicles, Inc. hereinafter designated as the "Principal," an agreement for
Six New Trolley Vehicles for the Balboa Island/Corona Del Mar Local Area Transit
Services, in the City of Newport Beach, in strict conformity with the Agreement on file with
the office of the City Clerk of the City of Newport Beach, which is incorporated herein by
this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and Western Surety Company
151 N. Franklin St., Chicago, IL 60606 _, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two
Million Three Hundred Twenty One Thousand Three Hundred Forty ($2,321,340.24)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Agreement, to be paid to the City of Newport Beach, its
successors, and assigns; 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 present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
Model 1 Commercial Vehicles, Inc. Page D-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 17th day of November 20 25
Model 1 Commercial Vehicles, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
151 N. Franklin St., Chicago, IL 60606
Address of Surety
(312)822-5000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 92/ol/Z 6
By: i
Aa on C. Harp
City Attorney
a�
Author ized Signature/Title
O..� i A, -
Authorized 1Agent ignature
Dave Hop, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Model 1 Commercial Vehicles, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
z f o+o -f r--s:.n-ri i e[
Count�y �pf �/'YI a.rl m } ss.
On /Y�t/ dl ,Pr 1 20075 before me, lAur(nAskr�
Notary Public, personally appearedSGt({,(�
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS m,., a- id and official seal
natu
LAUREN AUSTIN
.�•lP'PY•PLd''% Notary Public, state of Indiana
'z°O: Marion County
'SEAL' —
*'.• Commission Number NP0739385
N' ','e My Commission Expires
",� Febru ry 23 2030
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of CkXXNi&X Michigan
County of Kent } ss.
On November 17th 20 25 before me, Patricia A. Zuk
Notary Public, personally appeared Dave Hop
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my han and official seal.
Signature (seal)
PATRICIA A. ZUK
NOTARY PUBLIC • STATE OF MICHIGAN
COUNTY OF KENT
My Commission Expires February 15, 2 28
Acting in the County of C—
Model 1 Commercial Vehicles, Inc.
Page D-3
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
Patricia A Zuk, Linda L DeVries, Dave Hop, Individually
of Grand Rapids, IN, 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 Authorizing By -Laws and Resolutions printed at the bottom of this page, 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 Vice President and its corporate seal to be hereto affixed on
this 27th day of October, 2023.
.. . .ErY. WESTERN SURETY COMPANY
Q` Q0R'L
get pQ Ar<MiVs
4 z=
I.arry Kasten, Vice President
State of South Dakota l
ss
County of Minnehaha
I
On this 27th day of October, 2023, before me personally came Larry Kasten, 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 a 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.
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My commission expires rr M. BENT r
r --, NOTARY PUBLIC SEAL r
March 2, 2026 r�SOUTH DAKOTA(Mf
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M. Bent, Notary Public
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 and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 17th day of November, 2025.
`SURETY c.,'
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WESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Authorizing By -Laws and Resolutions
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.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western
Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following
Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27`s day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and
confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company."
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Form F4280-6-2023
N :' 3472
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
THIS Is To CERTIFY, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
of SIOUX FALLS, SOUTH DAKOTA , organized under the
laws of SOUTH DAKOTA , subfeet to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance:
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IN Wrnam WHI=0F, effective as of the_______ 21ST----------- day
o f •______1`SAI��Ii_ _ __, 19Z5_, I have hereunto set
my hand and caused my official seal to be affixed this__21ST----
day of------ MARCH ,19.7 5 _.
Fee WESLEY J. KINDER
Ineuranoe commissioner
Rec. No.
Filed ByDvpmV
NOTICE;
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701
Mid will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application
therefor and the conditions contained herein.
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