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HomeMy WebLinkAboutCC Resolution 10929 (Bellam Interconnect; Mike Brown)RESOLUTION NO. 10929 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR BELLAM INTERCONNECT PROJECT, PROJECT NO. 046-4610-756-8000 (BID OPENING HELD ON TUESDAY, SEPTEMBER 25, 2001), TO MIKE BROWN ELECTRIC CO., IN THE AMOUNT OF $39,974.00. WHEREAS, on the 25th day of September, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "BELLAM INTERCONNECT PROJECT" PROJECT NO. 046-4610-756-8000 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Mike Brown Electric Co. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Mike Brown Electric Co. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Mike Brown Electric Co. at the unit prices mentioned in said bid. A Lo0�'�q IT IS FURTHER ORDERED AND RESOLVED that the Mayor of said City be authorized and directed to execute a contract with Mike Brown Electric Co. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 1" day of October, 2001, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEANP�k M. LEONC, City Clerk File No.: 18.01.55B C) O O o Cl O Cl o 0 0 0 0 O� a oo10\.D o � F O v �r F V1 O �O �0 N � 3Q ds CD. CD. 0 u U F WO c d o U: O C) n n m x c o rs,:000 0 0 0 Q a F W o o� 0 o O c O� vi:000c O O 7 '7 oC)vo+ U -a 0 0 �o o 0 0 V1 O �O �0 u o v GNU M -r c F. c U x c o rs,:000 0 0 0 Q a F W o o� w E vnO�o Ev O�" •-^ N M O O O C O� O O 7 '7 oC)vo+ U E u o v GNU o 0 F. c U_ O Q o o � E w F �n Ev O�" •-^ N M R7 6. CO F z o 0 o 0 va 0000 -� 0 0 0 0 O W Q: O NO"gv O N FO.v no0 2 is M ? c E H c W W A H w.0 o00 0 0 0 0 0 C v vi vi N Wo, H a O N � d bco N E u o v GNU o 0 F. c U_ O OC n G Ob0 E w F �n Ev O�" •-^ N M R7 6. CO F z City of San Rafael ♦ California Form of Contract Agreement For BELLAM INTERCONNECT PROJECT PROJECT NO. 046-4610-756-8000 FEDERAL NO. CML -5043 (013) This Agreement is made and entered into this 5th day of October, 2001 by and between the City of San Rafael (hereinafter called City) and Mike Brown Electric Co. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: lI - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Bellam Interconnect Project all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the City to the Contractor to proceed. However, no field construction shall occur until all traffic signal hardware, including poles, mast arms, signal heads, and controller are within the possession of the contractor. (b) The work shall be completed within 30 working days after the date of such notice, and after 20 week lead time for acquisition of materials, and with such extensions of time as are provided for in the General Conditions. 111I - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500.00 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT 9 1 ITEM NO. ITEM 1 Mobilization 2 Traffic Control System 3 Signal Interconnect System V - Progress Payments EST UNIT UNIT ITEM QTY PRICE, $ TOTAL, $ 1 LS 4,000.00 4,000.00 1 LS 1,500.00 1,500.00 1 LS 34,474.00 34,474.00 Grand Totall $39,974.00 (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. AGREEMENT • 2 (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: anne M. Leoncini City Clerk FORM: Vary T. Ra City Atto ney CITY OF SAN RAFAEL: Albef Boro Mayor MIKE BROWN ELECTRIC CO. �%• /_ - p r chi d for V �1�U-� .5 -c C r -c-+ —r - J y AGREEMENT* 3 PERFORMANCE BOND The American Institute of Architects, AIA Document A311, February 1970 Edition KNOW ALL MEN BY THESE PRESENTS: that Mike Brown Electric Co 561-A Mercantile Drive Cotati, California 94931-3040. /o -(re Bond Number: 02 48 88 Premium: $288.00 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, a corporation of the State of Illinois, as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael 1400 Fifth Avenue Post Office Box 151560 San Rafael, California 94915-1560 (Here insert full name and address or legal title of Owner) as Obliges, hereinafter called Owner, in the amount of Thirty Nine Thousand Nine Hundred Seventy Four Dollars ($39,974.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated October S. 2001 , entered into a contract with Owner for Bellam Avenue Interconnect Project which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1 ) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 5`h day of October 20 01 In the presence of Mike Brown Electric Co. (Principal) (Seal) (Witness) �7 By: '_ _- Jam .. Brown (Title) President American Manufacturers Mutual Insurance Comnanv (Surety) (Seal) (Witness) By: 4tzz—� Steve Dedrickson (Title) Attorney -in -tact MEMPER'. Home Office: Long Grove, IL 60049 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 Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Steve Dedrickson, K. Dixon Wright and Stacy M. Davis of Novato, California (EACH) ..................... their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakingsxxr..r.ww.w.w.r......r.......www.rr..►xraxxxrxrrrr e.xxxxxxrxxwxxxw.xxxxx:.xxxxrrr 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 APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF 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 attomeys-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." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this July 16, 2001. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company '+�utud Cuj`i d y'ut. /n• ,�,ifu In•n� E I LI(t pr CIXlPOr4tP W AN IwROt9 o e r �O Err 3 I6Al = CORPORA TIOR e3 v •0.� 109 ��(/// �'^r Ocu'• • •yy \V �0nr Gtr"� Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT [1-0- if �-�00eewC­i�.�..iiC�iCr�t-�r`�ffiirr.. State of California County of Marin On October 5, 2001 before me, Stacv M. Davis, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Steve Dedrickson NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ^ ° STADY M. DAVIS signature(s) on the instrument the person(s), P c3,iii V COMM. # 1238748 0 n® : NOTARY PUBLIC -CALIFORNIA U) or the entity upon behalf of which t h e 2 MARIN COUNTY person(s)ted I v +v,F°�"v COMM. EXP. OCT. 19,2003 acted, the instrument. WITNESS my hand and official 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. i CAPACITY CLAIMED BY SIGNER i ❑ INDIVIDUAL ❑ CORPORATE OFFICER l TITLE(S) t ❑ PARTNER(S) ❑ LIMITED t ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: ` NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT American Manufacturers Mutual 1 SIGNER(S) OTHER THAN NAMED ABOVE lInsurance Company BD -1133 3/94 01993 NATIONAL N07ARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 State of California SS. County of Sonoma On October 5, 2001, before me, Susan Heath Allred, Notary Public in and for said State, personally appeared James G. Brown, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. SUSAN HEATH ALLRED� V COMM. # 1235685 (� �s NOTARY PUBLIC-CALIFORNIAo e SONOMA COUNTY p COMM. EXP. SEPT. 25, 2003' WITNESS my hand and official seal. kAea�'-k Uj-L'e3 Susan Heath Allred Bond Number: 02 48 88 Premium: Included in Performance Bond LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AIA Document A311, February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Mike Brown Electric Co. 561-A Mercantile Drive Cotati, California 94931-3040 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, a corporation of the State of Illinois, as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael 1400 Fifth Avenue Post Office Box 151560 San Rafael, California 94915-1560 (Here insert full name and address or legal title of Owner) as Obliges, hereinafter called Owner, in the amount of Thirty Nine Thousand Nine Hundred Seventy Four Dollars ($39,974.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated October 5. 2001 . entered into a contract with Owner for Bellam Avenue Interconnect Project which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 5th day of October 20 01 In the presence of Mike Brown Electric Co. (Principal) (Seal) (Witness) By. Ja _ G. Brown (Title) President American Manufacturers Mutual Insurance Comoanv (Surety) (Seal) (Witness) 51;:� �*,N By: , dFF-20-- Steve Dedrickson (Title) Attorney-in-fact Labor and Material Payment Bond Revised to February, 1970 MEMPER'. Home Office: Long Grove, IL 60049 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 Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Steve Dedrickson, K. Dixon Wright and Stacy M. Davis of Novato, California (EACH) rr••r•r«r,rr.,«.,,.rr their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked 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 APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF 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 attomeys-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." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this July 16, 2001. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company ° �«tool Carr+ s y�ul. !n. ,ysts !nr r F tri' Arr o oaeau� W ` ee CNP lwxnIs e !. mpt�r�� a idAL CGNPGNMON e lrnr (01 �aWy U�tO �On[ G04' Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rrr r r/�•w//Irl��.r �r..►.�ii State of California County of Marin On October 5, 2001 before me DATE Stacy M. Davis, Notary Public NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared Steve Dedrickson NAME(S) OF SIGNER(S) EN personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ... STACY M. DAVIS g 0 COMM. #1238748signature(s) on the instrument the person(s), .® NOTARY PUBLIC -CALIFORNIA MARINCOUNW or the entity upon behalf of which the 1 v V,FOV, COMM— -EXP. OCT. 19, 2operson(s) acted, executed the instrument. _T,N SS my han nd official seal. SIGNATURE OF NOTARY OPTI 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER -nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL %❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT V SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 1 1 American Manufacturers Mutual SIGNER(S) OTHER THAN NAMED ABOVE Insurance Company BD -1133 3/94 01993 NATIONAL N07ARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 State of California SS. County of Sonoma On October 5, 2001, before me, Susan Heath Allred, Notary Public in and for said State, personally appeared James G. Brown, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 6G r SUSAN HEATH ALLRED; U m COMM. # 1235685 (gy NOTARY PUBLIC-CALIFORMAD Q SONOMA COUNTY COMM. EXP. SEPT. 2 200,E v r V V V V V V -W V WITNESS my hand and official seal. Susan Heath Allred STATE COMPENSATION I N SUR AN C E FUND OCTOBER 9, 2001 P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE F - CITY OF SAN RAFAEL DEPT OF PUBLIC WORKS P 0 BOX 15160 SAN RAFAEL CA 94915-1560 L POLICY NUMBER: CERTIFICATE EXPIRES: ECEIVED OCT 1 5 2001 PUBLIC VYn?K" nEPT. C h' OF • - -a ��. 446-01 UNIT 0000437 1-1-02 JOB: BELLAM INTERCONNECT PROJ 0046-4610-756-8000 JOB #869 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the p lic period indicated. This policy is not subject to cancellation by the Fund except uporiXgn days advance written notice to the employer. 30 We will also give you) DF—N days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER F - MIKE BROWN ELECTRIC CO 561 MERCANTILE DR COTATI CA 94931 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND sclF 10262 (REV. 5-01) ACORD CERTIFICA-E qFA LITY INSUF \NCSOP ID DATE (MMIDDIYY) FINFOR 10/03/01 0/0 /O1 PRODUCER THIS CERTIFICATE IS ISSUEDS ATTERO Heffernan Insurance Brokers OCT 4 2001 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE G HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 355 West Napa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sonoma CA 95476 PUBLIC WORKS DEPT Phone: 707-996-1828 Fax:707-996-43Q1FY nF °"' ^'-itrI INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURERS Liberty Mutual Mike Brown Electric Co. IINSURERC: American States Ins. Company 561 A Mercantile Drive INSURER D. Cotati CA 94931 I I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ' POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDO/YY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OIGLP1005239 01/01/01 01/01/02 I FIRE DAMAGE (Any one fire) $ 50, 000 = CLAIIAS ."AADS 50 OCCUR I MED EXP (Any one person) s5,000 GENT AGGREGATE LIMIT APPLIES PER: JECT I I LOC POLICY n PO - AUTOMOBILE LIABILITY C X ANYAUTO 010E967057 ALL OWNED AUTOS X SCHEDULED AUTOS X HIREDAUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANYAUTO EXCESS LIABILITY B X] OCCUR FICLAIMSMADE LQ1B71077008-011 DEDUCTIBLE X RETENTION S 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PERSONAL& ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG $1,000,000 Emp Ben. 1,000,000 COMBINED SINGLE LIMIT $1,000,000 01/01/01 01/01/02 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC S AUTO ONLY: AGG $ EACH OCCURRENCE s4,000,000 01/01/01 01/01/02 AGGREGATE s4,000,000 $ S $ TO Y LIMIT I I ER — TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ OTHER C Installation Fltr. 010E967057 01/01/01 01/01/02 $600,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED ON THE GL POLICY PER THE ATTACHED CG2010 1185. LIABILITY LIMITS AT POLICY INCEPTION. JOB: BELLAM INTERCONNECT PROJECT NO. 046-4610-756-8000. MBE #869. 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: A SANRAFE CITY OF SAN RAFAEL DEPT. OF PUBLIC WORKS P.O. BOX 151560 SAN RAFAEL CA 94915-1560 I ACORD 25-S (7/97) /YleA If AA b CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ ATIVE ©ACORD CORPORATION 1988 %;OMMERCIAL GENERAL LIABILITY POLICY NUMBER: 01GLP1005239 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization show in the Schedule, but only with respect to Liability arising out of "your work" for that insured by or for you. Named Insured: Mike Brown Electric Co. SCHEDULE Name of Person or Organization: CITY OF SAN RAFAEL DEPT. OF PUBLIC WORKS Job: BELLAM INTERCONNECT PROJECT NO. 046-4610-756-8000 MBE #869 CG2010 (11 85) Includes material Copyright, Insurance Services Office, Inc. 1984 Page 1 of 1 November 27, 2001 Mr. Meherdad Namiranian Associated Engineer City of San Rafael Department of Public Works 1400 Fifth Avenue San Rafael, CA 94915-1560 1)�. 0..55.8 Mike Brown Electric Co. 561-A Mercantile Drive Cotati, CA 94931-3040 (707) 792-8100 • FAX: (707) 792-8110 Cont. Lic. #306767 RE: Subcontractor Insurance Deductibles East San Rafael Improvement Project Phase IIB Project No. 046 4610 754 8000 Dear Mr. Namiranian; RECtllitp NOV 2 9 2001 PUSLIC WORKS DEPT. CITY OF S11 —1' co FL In response to your request, please be advised that Mike Brown Electric Co. will take full responsibility for payment of any and all deductibles noted on the Certificate of Insurance issued for the above referenced project. Should you require any additional information please don't hesitate to call. Thank you. Sincerely, MIKE BROWN ELECTRIC CO. 79::1:�- 11 -1,01�� Tiffany Howe Controller /th