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HomeMy WebLinkAboutCC Resolution 10949 (Community Center HVAC)RESOLUTION NO. 10949 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR SAN RAFAEL COMMUNITY CENTER HVAC REPLACEMENT 2001 TO J T & T ENTERPRISES, INC. DBA JAMES E. THOMPSON GENERAL CONTRACTOR IN THE AMOUNT OF $138,696.00 WHEREAS, on the 23h day of October, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or 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: "SAN RAFAEL COMMUNITY CENTER HVAC REPLACEMENT 2001" PROJECT NO. 620-6601-749-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of J T & T Enterprises, Inc. dba James E Thompson General Contractor 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 J T & T Enterprises Inc. dba James E. Thompson General Contractor 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 J T & T Enterprises Inc. dba James E. Thompson General Contractor at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with J T & T Enterprises, Inc. dba James E. Thompson General Contractor 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, 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 on Monday, the 5`h day of November, 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Baro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk A c c u9 O O o O 0 o o 0 O 0 o 0 O o 0 0 c 0 o 0 0 0 0 0 0 0 Cl 0 0 ^ v Q 0 0 0 0 O u > ? v c F C U 64 O O o O O O O O ° °J F' 0 0 0 0 0 0 0 0 v > n C v o o v M o = a z o m` O O 0 0 0 0 o O » CRCCC 0 0 o O -� 0 0 0 0 0 0 0 0 F o 0 o U3 ,D Fes- O a r o M v o0 y v F c E t V Vi O O O O O O O O F. �j o 0 0 0 0 0 0 0 y h —_ z U o 0 C C C C C C to cn Ln C Vq O O O O O O O O O O O O O O O O O O O O C O 7 G Fes., N N 00 N M N O -'d0 ° F. to U u Q E U o 0 0 0 0 CD 0 0 0 E c m A se F 0 0 0 0 0 0 0 0 0 Cl 0 O 0 0 O O ' ..l g Z U; O O 0 0 0 7 0 7 v C C N N �O 00 N M N Q U 0 0 0 0 0 o Cl o �O O oo O 10 7 O N w = O r 10 o0 0 0 — E E � a, 0 x u 0 0 0 0 0 Cl 0 0 x bn = a o Cl C14 �y m C N ^ oxo N m u C C r N N C7, 00 O b ^ G 3 a. o O O Cl Cl o O O va o o OC 0 0 0 0 �-� 0 0 0 0 0 0 0 0 Q o o O o vi 0 C C m F F v r — o 10 v v t - u O N t- N F c E L {' 0 0 0 0 0 0 0 0 t� F rs, 0 0 0 0 0 0 0 0 z U 0q O 0 0 0 0 C C 0 F ? �a 0 ~ V] V] VI V] V] V7 VI V] C u E � v u u c a a s u � o T i C oA ov. O N3 n a=i U CT N 'E u � a o. _3 v j6 o uI O o —" 9 to to c E e c E c o°o Q D E to y E M 6 e v _ Z D U a S rs7 c = a u ° O N M Ul 10 I- x C O p [j] O c c N Y >O U O C N c0 CL a) a� w {N�y� LL C cu U) O A S1 W b c c a vi 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u� ¢ �- O F us F Lsl . Z U c vi :F -j 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F F O F 65 F LLi Z U � C a. 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 Ltl F-- 0 O F 61) F Lsj zu 0. Cq C r � N � .. O `u u F FO v m c a F m m > u U ¢ > o .E y U.o c L c -: •y 4 F L U a E v a n per' cm.r v 3 ¢ a D zz:o • us o O 0 0 0 O O O 0 0 O O 0 O O 0 O O 0 O C¢ N r b a O O N r 7 Cn >¢ F v c U n 0 u o 0 0 rn 0 0 rn 0 o 0 C. 0 0 ¢ r C = N lc — r lD In D� m 0 o m O m r V] N r F �a 0 O ~ F u fn V] V] VI VI VI E u � v c u a CL u � n a c o D U ¢ e0 c Du >c n h 2 CL. ' cu N C •D n c C O u d7 U a N CO c O y o C h c `"- c u 4 o 0. c u c p D v U u E c Q o en , o DD a VN D .. CL C :n u E U C. `a ey odd 5 7 j =-' u n y U c S W c = a• u O 2 — Nm d' Vl ID r W C O m 7 Ltd O c c a City of San Rafael Form of Contract Agreement For SAN RAFAEL COMMUNITY CENTER HVAC REPLACEMENT 2001 PROJECT NO. 10749 This Agreement is made and entered into this 5ch day of November, 2001 by and between the City of San Rafael (hereinafter called City) and J T & T ENTERPRISES INC., DBA JAMES E THOMPSON GENERAL CONTRACTOR (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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: SAN RAFAEL COMMUNITY CENTER HVAC REPLACEMENT 2001 PROJECT NO. 10749 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. H — Contract Documents The Contract Documents consist of the following, all of which are as fully a part hereof as if herein set out in full and, if not attached hereto, the same as if hereto attached: A. The accepted Proposal of the Contractor. B. The fully executed Performance Bond and Payment Bond, if required. C. Workers Compensation, Public Liability and Property Damage Insurance, as required from the Contractor pursuant to the terms of the Contract. D. This Agreement. E. The General Conditions, if applicable. F. The Specifications and the Drawings if applicable and all authorized modifications thereof and Addenda thereto. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) working days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed by February 15, 2002, and including extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed by the contract time (i.e. February 15, 2002), and inclusive of extensions of time as are provided for in the General Conditions), 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 contract time 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. V - The Contract Sum CONTRACTOR'S COMPENSATION: The City will pay and the Contractor will accept, in full consideration for the performance of the Contract, subject to additions and deductions as provided therein: Item No. 1 Description Approximate Quantity I Price in Figures Demolition Lump Sum $7,296.00 2 Cut & Frame Openings Lump Sum & Platforms $12,160.00 3 Plumbing Lump Sum Modifications $12,288.00 4 HVAC Installation Lump Sum $69,920.00 Electrical and Control 5 Wiring including Duct Lump Sum smoke detectors and $18,176.00 relay control panel. 6 Patch Roofing Lump Sum $10,504.00 7 Interior Patch & Paint Lump Sum $6,720.00 8 Start-up testing & Lump Sum $1,632.00 balancing Grand Total Bid Total of Bid items 1, 2, 3, 4, 5, 6, 7, and 8: $138,696.00 Written in words ONE HUNDRED THIRTY- EIGHT THOUSAND, SIX HUNDRED AND NINETY-SIX DOLLARS. VI - Progress Payments (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 Contracton. (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 City, by depositing securities of equivalent value with the public City in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the Director of Public Works, whose decision on valuation of the securities shall be final. VII - 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. (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: Leoncini � - — �amne M. City Clerk (aty Attorney CITY OF SAN RAFAEL Albe t oro Mayor JT &TENTRISES, INC. dba JAMES E. Tf PSON GC: Pre SIJ"A- f 1c�z A0 / l File Number: 06.01.126 Bond ' 151508 Prem : $2,497.00 PERFORMANCE BOND PUBLIC WORK Premium S 2,497.00 Bond No. 151508 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, THE City of San Rafael, as Obligee (hereinafter called the Owner), has awarded to_ JT&T Enterprises, Inc. as p4rinci�l hereinafter called the Contractor), a Contract for the DBA. Il. Z. .,.-V.,..G, ner ontractor SAN RAFAEL COMMUNITY CENTER HVAC REPLACEMENT 2001 PROJECT NO. 620-6601-749-8000, and WHEREAS the said Contractor is required under the terms of the said Contract to furnish a Bond for the faithful perfoimanee of said Contract, NOW, THEREFORE, THESE PRESENTS WITNESSETH: that we, the Contractor, and, American Contractors Indemnity Company a corporation duly organized and existing under the laws of the State of California and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are held and firmly bound unto the said Owner in the Penal Sum of One Hundred Thirty Eight Thousand Six Hundred Ninety Six and 00/100* Dollars (S 138,696.00* ) lawful money of the United States, said sum being an amount of not less than one hundred percent (l w/o) of the total amount payable by the terms of said Contract, for the payment of which sum well and truly to be made the said Contractor and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDI'T'ION OF THIS OBLIGATION is such that, if the above bounden Contractor, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, including guarantees, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said Owner and its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Drawings or the Specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. CONTRACT FORMS AND AGREEMENT 00040-3 Page 3 of 13 PERFORMANCE BOND (continued) Whenever the Contractor shall be, and be declared by the Owner to be in default under the Contract, the Owner having performed its obligations thereunder, the Surety shall promptly remedy the default, or shall promptly complete the Contract in accordance with its terms and conditions, or shall promptly obtain Bids for completing the Contract according to its terms and conditions, and upon determination by the Owner and the Surety, jointly, of the lowest responsible Bidder, arrange for a Contract between such Bidder and the Owner, and make available as the Work progresses sufficient funds to pay the cost of completion, less the total amount payable by the Owner to the Contractor under the Contract and any amendments thereto (less the amount already properly paid by the Owner to the Contractor); but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the aggregate sum specified in this Bond. No right of action shall accrue under this Bond to or for the use of any person or organization other than the Owner named herein or its heirs, executors, administrators or successors. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and the Surety this 29th day of October 2001 (To be signed by Contractor and Surety, and acknowledgment and Notarial Seal attached) I JT&T Enterpris , Inc. DBA: James E. Thompson Contractor (Seal) General Contractor � Witness { �� {Tie hB.S t y i wt - American Contractors Indemnity Company { Surety - (S ) { Witness { By1 /11 { At orney-in-Fact MAILING ADDRESS OF SURETY 9841 Airport Blvd. 9th Floor Los Angeles, CA 90045 CONTRACT FORMS AND AGREEMENT 00040-4 Page 4 of 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sacramento On �' 9-1'OI before me, DATE personally appeared Shirlev Paiva J. Swalley, Notary Public NAME. TITLE OF OFFICER . E G, 'JANE DOE NOTARY PUBLIC' NJ NAME(S) OF SIGNER(S) �7 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 s -r me in his/her/thair authorized capacity(ies), and that by his/her/their _ __ signature(s) on the instrument the person(s), J SWALLEY or the entity upon behalf of which the an.COMM. #1202650 erson s acted, executed the instrument. NOTARY PUBLIC—cAUFORNIA rP()SACRAMENITO COUNTY My Conon. Expires Nov 21. 2W2 lop I 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. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) rrr BD -1133 3194 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE PAYMENT BOND PUBLIC WORK Bond No. 151508 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, City of San Rafael, as Obligee (hereinafter called the Owner), has awarded to JT&T Enterprises, Inc. DSA: James E. Thompson as Principal (hereinafter called the Contractor), a Contract for General Contractor SAN RAFAEL COMMUNITY CENTER MVAC REPLACEMENT 2001 PROJECT NO. 620-6601-749-8000, and WHEREAS, pursuant to law, the said Contractor is required before entering upon the performance of the Work to file a good and sufficient Bond with the body by whom the Contract is awarded to secure the payment of claims of laborers, mechanics, material suppliers and other persons to whom reference is made in Section 3181 of the Civil Code of the State of California, NOW, THEREFORE, THESE PRESENTS WITNESSETH: American Contractors that we, the Contractor, and Indemnity Companv a corporation duly organized and existing under the laws of the State of California , and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are held and firmly bound unto the said Owner in the Penal Sum of one Hundred Thirty Eight Thousand Six Hundred Ninety Six and 00/100* Dollars ($138,696.00* ) lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) of the total amount for the payment of which sum well and truly to be made the said Contractor and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the above bounden Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay any claimant named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor or his Subcontractors pursuant to*Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety on this Bond will pay the same in an amount not exceeding the aggregate sum herein above set forth, and also, in case suit is brought upon this Bond, will pay a reasonable attorney's fee to be fixed by the Court, taxed as costs and awarded to the prevailing party in said suit. CONTRACT FORMS AND AGREEMENT 00040-5 Page 5 of 13 PAYMENT BOND (continued) It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the conditions of this Bond be fully performed, then the obligation hereunder shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Drawings or the Specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. This Bond is executed and filed to comply with the provisions of an act of the Legislature of the State of California as designated in the Civil Code, Sections 3247 to 3252, inclusive, and all amendments thereto. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and the Surety this day of October 29. , 2001. (To be signed by Contractor and Surety, and acknowledgment and Notarial Seal attached) JJT&T Enterprises.., Inc. DBA: James E. Thompson { Contractor (Seal) neral Contractor Witness { i Title ( Ampr1,r.an ro _racto Ind mn; ty Company { Surety( al) Witness { { By - hz/1 I omey-in-Fact q MAILING ADDRESS OF SURETY 9841 Airport Blvd. 9th Floor Los Angeles, CA 90045 CONTRACT FORMS AND AGREEMENT 00040-6 Page 6 of 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sacramento On V '17-1 �� before me, J. Svalley, Notary Public DATE NAME. TITLE OF OFFICER - E G. "JANE DOE NOTARY PUBLIC" personally appeared Shirley Paiva NAME(S) OF SIGNER(S) 6D 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 SwAt_IFY signature(s) on the instrument the person(s), J.• "'" COMM. #1202650 or the entity upon behalf of which the NOTARYPUBUc-CALIFORNIA u ' foCOUN>Y person(s) acted, executed the instrument. 5Ac My Comm. Expires Nov. 21, 2002 III M 1 WITNESS my hand and official seal. —E - '� , zt-oQ, SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) BD -1133 3194 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE �llf.!lfflll �.� �� ll1Jflf American Contractors Indemnity Company Los Angeles, Califomia POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Shirley Paiva as its true and lawful Attorneys) -in -fact, in amount of $1.200.000.00 , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contractor otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is cxecuted, and may be certified to and may t o revoked, puruu-it to and by 2uthor y cf resolutions sdoptad by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December,1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attomey-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed its corporate seal to be affixed by its authorized officer this 23rd day of May �Q��QpCTDks�yo AMERICAN CONTRA EMNTfY CO?.f;`ANY � s attntlaaa�i By: SEn26,1990 Leon B_ Ba Jr;/1Vice President -o STATE OF CALIFORNIA Gq��K1► COUNTY OF LOS ANGELES On May 23, 2000 before me, B. Caindecpersonally appeared Leon R_ Back, Jr. 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. WITNESS my hand nd official seal. , �. B_ CAINDEC _�'"_ Comm_ No. 1262521 .,. NOTARY PUBLIC -CALIFORNIA D U LOS ANGELES COUNTY My Comm. Exp. May 28. 2004 CERTIFICATION lkle undersigned officer of AMERICANCONTRACTORS ONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 29th day of October 1 2001 �/ James H_ Fev6son, Secretary AOORD CERTIFICA" = TDATE(MMIDD/YY)�DF, 11/02/01 PRODUCERTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KIA INSURANCE ASSOCIATES, INC. OV 5 2��� HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1601 NEW STINE ROAD SUITE 230 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BAKERSFIELD CA 93309 PUBLIC WORPIQ, DEPT. INSURERS AFFORDING COVERAGE Phone: 661-835-4542 Fax:661-835-496$' I-'(" "-''=' INSURED INSURER A Navigators Insurance Co. JT&T Ente rises, Inc. IINSURERB Safeco/American States Ins James E. ompson I INSURER C General Contractor P.O. BOX 821 I INSURER D Windsor CA 95492-0821 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. (LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD�1 E DATE (MM/DDIYY) XPIRATION I LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY = CLAIMS MADE F_X] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER IPOLICY n PRO-JECT F—] LOC AUTOMOBILE LIABILITY B ANY AUTO X ALL OWNED AUTOS (Per accident) SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED ALTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY —1 OCCUR FICLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER EACH OCCURRENCE $2,000,000 GL106615 08/20/01 09/30/02 I FIRE DAMAGE (Any one Fiire) $ 50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY S 2 , 000 , OOO $1,000 DEDUCTIBLE I GENERAL AGGREGATE S 2 , OOO , OOO PRODUCTS - COMP/OP AGG s2,000,000 COMBINED SINGLE LIMIT $1,000,000 010E9655591 10/07/01 10/07/02 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EACH OCCURRENCE $ (AGGREGATE $ $ $ $ IH- ORY LIM ITS I IOER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS REF: Project San Rafael Community Center HVAC Replacement 2001/620-6601-749-8000 The City of San Rafael,its officials,hired consultants,employees and volunteers are additional insureds per attached endorsement CG2010. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CITSA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN RAFAEL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN DEPARTMENT OF PUBLIC WORKS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Janet Nibbi P.O. BOX 151560 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SAN RAFAEL CA 94915-1560 REPRESENTATIVES. t John G. Pryor. CPCU. ACORD 2" (7/97) —�' ©ACZlRD CORPORATION 19fB8 TMS ENDORSEMEN MANGES TBE POLICY. PLEASE :AD IT { Y. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies irmirance provided under the following. COMMERCIAL GENERAL LiABmm COVffitAGE PART ADDITIONAL INSURED - OYMERS, i Fccc OR CONTRACTORS (FORM B) — - CG 20101185 S'L.AXddJ%JJ.E The CIty of San Rafael, its officials, hired consultants, employees and volunteers. Name of Person or Organiction: • . A'aj►'person tit Olpm22tiozi that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy and is approved by the Company in writing witLin 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section ED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. A The following additional provisions apply to any entity that is an insured by the terms of this endorsement: - 1. )'rimary Wording If required by written contract or agreement: Such &MWAA= as is afforded by this policy shall be primary insurance, and any mawancie or self-insurance maintained by the above additional insureds) shall be excess of the in¢irazim afforded to the named insured and shall not contribute 2. • Waiver of Subrontion H required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurar= policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligepce of any additional insured or any of their agents/employees. ; ANF 160 (08/99) G IFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 NOV 7 2061 COMPENSATION pout IC INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE NOVEMBER 2, 2001 CITY OF SAN RAFEAL DEPARTMENT OF PUBLIC WORKS JANET NIBBI PO BOX 151560 SAN RAFEAL CA 94915 GROUP: 000641 POLICY NUMBER: 646-2001 CERTIFICATE ID: 59 CERTIFICATE EXPIRES: 10-01-2002 10-01-2001/10-01-2002 620-6601-749-8000 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 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 10-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER JT & T ENTERPRISES, INC PO BOX 821 WINDSOR CA 95492 SCIF 10265 [EPF-UI: LR ]