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HomeMy WebLinkAboutCC Resolution 10573 (Fourth St. & Fifth Ave. Traffic Signal Interconnect Proj)RESOLUTION NO. 10573 RESOLUTION AWARDING THE CONTRACT FOR THE FOURTH STREET AND FIFTH AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT, (RTSOP GRANT) TO MIKE BROWN ELECTRIC CO. IN THE AMOUNT OF $595,500.00 WHEREAS, on the 3rd day of December, 1999, 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 fiilly 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: "FOURTH STREET AND FIFTH AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT" PROJECT NO. 049-4910-8270-8000 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; and WHEREAS, the Federal grant funding will be supplemented by the funds from Traffic Signal upgrade 99-00, and remaining gas tax funds from the year 1998-99; 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 n uI AL 017 13 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. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and City Clerk 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 18`x' day of January, 2000, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEAAE— M. LEONCINI, City Clerk I O 00 0 0 0 0 0 0 0 0 Cl 0 0 o O c O 0 0 CO O o 0 0 0 0 0 0 0 0 0 0 0 0 0q 0 �0 00 0 0 0 0 0 0 0 0 0 0 0 Cl 0 o; Cl ;o O O O O o 0 0 0 0 0 0 0 0 0 0 o 0 O oo v T oo ri ri m arn vi Crn oo — oo r - c a Q•00 w a\ r M 4nM M N �R a0 � 7 n r 7 w lD O M F F jN N r M M N N N N -- -- — vl M M M W) — Iz rn — O F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �7^ W -0 O oOG O C. m 0 0 C, 0 0 0 C 0 0 G O O N C U- 00 W 01 r M Vn M M N '7 r r 7 W ID O N N r M M N N N N--- In M M M %r G o O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,o O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !O O O O O O O O O O O O O O O O O O 7 7 -.0 O O O O O O O O O O O O O O O O O 7 7 Lu o o0 00 0 0o v v v c -'r 'D O �o n N 'D a; o e' NT FF N N r M M N N N r4 N— V1 M M N V' �o N O: F O O O O O O O O O O O O O O O O O O O e O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O F pjO O O O O O O O O o 0 0 0 0 0 0 0 0 7 O O O O O O O O O O O O O O O O O O 7 z V: o0 w O o0 7 v v v vo 0 o n N 'D a; o "' N N N r m M N N N N— N— �n M M N 7 �o N G O O O yi O O O O O O O O O O O O O O O O O O O O :FJ O O O O O O O O O O O O O O O O O O O � •01= O O O O O O O O O O O O O O O O O O O Q tp'1 O b m m OM N N N N N m m M N -It M 0 0 — F - b O O O O O O O O O O O O O O O O O O O O O Cl O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O [=j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o0 w Vl O Vi to vi O O -- G O O O O O O O O O O O O O O O O O O O O !C O O Cl O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "C Vl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W F :N N b m OM N N N N N W) m M r4 w 0 7 1a O CN O: F 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 O o LL O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F �tj!� 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 U nO o 0 0 0 0 0 0 0 0 0 0 C 0 C 0 0 an r vl - O v v M M �D O 2 O N oo O M vi O R; N N �D M M N N N N- N— �n M M M 7 �O -- G: of � a W F � O F O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r a, •a m v m o vi vi v o -r v o o v o; oo r o rn ON oo O �a r v Wn r O �a — rn — r r CN N Wn a' ll O— r N N N -- rl to m N an rq oo M O m — r` N N �N M N N N N— N -- 'cr N N —7 —tr, O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F W rn rn m o\ � v v�ni n o n vii ' o a, 7 N c oc O oo "It r oo Q\ 7 N O O O O -- 00 M O a\ G; N N w) N M N N N N— N— V' N N -- ' O F F >- W a Ln - F h � c C7 N x W 0 U m Q U a U W U m Q U ' , -Z. :'An cn Ul (n V) V) V) En Cn Cn V2 In Cn V) Cn rA C4 s r s .c= =.c s s r s .c t =s s 4 7 7 V V' 7 7 7 7 7 V Wn 'n n u n n 14n n q iv n a n n u_ h a a7 CJ h a a cJ q 7i i7 itl —a c3 c! a 'a c c c c c c c c c c c c c c c c c :mmm'mmmmmmmmm m m m m m h w m cn in �cn fn n n En w n m rn ul En i u u u u u u u u u u o u u u u u u 0FW-- FE E E E E E E E E E E E E E E E E .0 o m a j o 'v 'v o o 'v v 'v v v v 'v E E :o o o o o o o o o o o o o o o o o n n N M 7 In to r o0 a, O _ N M 'T to r oo Q\ City of San Rafael • California Form of Contract Agreement for FOURTH STREET AND FIFTH AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT NO. 049-4910-8270-8000 This Agreement is made and entered into this 18th day of January, 2000 by and between the City of San Rafael (hereinafter called City) and Mike Brown Electric (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - 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: Fourth Street and Fifth Avenue Traffic Signal 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 five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within sixty (60) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - 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 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 • 1 ITEM NO. ITEM 1 Modify Traffic Signal at 4th St/ Ross Valley Dr 2 Modify Traffic Signal at 4th St/ Greenfield 3 Modify Traffic Signal at 4th St/2nd St 4 Modify Traffic Signal at 4th St/H St 5 Modify Traffic Signal at 4th St/E St 6 Modify Traffic Signal at 4th St/D St 7 Modify Traffic Signal at 4th St/C St 8 Modify Traffic Signal at 4th St/B St 9 Modify Traffic Signal at 4th St/A St 10 Modify Traffic Signal at 4th St/ Court St 11 Modify Traffic Signal at 4th St/ Lootens PI 12 Modify Traffic Signal at 4th St/Cijos Dr 13 Modify Traffic Signal at 5th St/ E St 14 Modify Traffic Signal at 5th St/ C St 15 Modify Traffic Signal at 5th St/B St 16 Modify Traffic Signal at 5th St/A St 17 Modify Traffic Signal at 5th St/ Court St 18 Traffic Engineer's Office 19 Traffic Control V - Progress Payments UNIT ES I QTY I PRICE, $ I TOTAL, $ LS 1 25,000.00 25,000.00 LS 1 27,500.00 27,500.00 LS 1 65,000.00 65,000.00 LS 1 34,000.00 34,000.00 LS 1 30,000.00 30,000.00 LS 1 24,000.00 24,000.00 LS 1 24,000.00 24,000.00 LS 1 23,000.00 23,000.00 LS 1 23,000.00 23,000.00 LS 1 16,000.00 16,000.00 LS 1 20,000.00 20,000.00 LS 1 16,000.00 16,000.00 LS 1 50,000.00 50,000.00 LS 1 32,000.00 32,000.00 LS 1 38,000.00 38,000.00 LS 1 30,000.00 30,000.00 LS 1 43,000.00 43,000.00 LS 1 65,000.00 65,000.00 LS 1 10,000.00 10,000.00 Grand Total 595,500.00 (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 AGREEMENT • 2 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. UVI-11_*ts Mann M. Leoncini (Tifii (Node CITY OF S RAFAEL: Albert.goro Mayor CONTRACTOR: 4a r 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. Bond Number: 282 13 49 Premium: $4,173.00 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, GREAT AMERICAN INSURANCE COMPANY, a corporation of the State of Ohio, 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 Five Hundred Ninety Five Thousand Five Hundred Dollars ($595,500.00), 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 January 18. 2000 , entered into a contract with Owner for Fourth Street and Fifth Avenue Traffic Signal 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 _ 18'"day of January 20 In the presence of Mike Brown Electric Co. (Principal) (Seal) (Witness) By: �1 /a.c., G. Brown (Title) President Great American Insurance Comnanv (Surety) (Seal) (Witness) By: Steve Dedrickson (Title) Attorney-in-fact G1Eiu"ttl&R1CJt7V iNSliiirtNCE (SDMPr1111Y6 580 WALNUT STREET a CINCINNATI, OHIO 45202. 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than T140 POWER OF ATTORNEY No.0 13830 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organizi& and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named beltiyv its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all boho,' undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power K. DIXON 14RIGIIT BOTH OF BOTH STEVE DEDRICKSON NOVATO, UNLIMITED CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above- IN bove_ 1N WITNESS WHEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thiq 12th day of November , 1999 Attest 1 s�r..t,Int .Sriret:nl STATE OF OHIO, COUNTY OF HAMILTON - ss - GREAT AMERICAN INSURANCE COMPANY Vic•c President On this 12 t day of November, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that Ire knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. MAUREEN DOUGHERTY NoteN Public State of Ohio • My OommiseJan Expires Aug. 12, 2001 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys- In -Fact to execute on behalf orthc Company, assurety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orothcr written obligation in the nature thereof, such signal urcand seal when so used beingherebyadopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYL-S, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 18th day of January �r r ti I(119S (I I N71 2000 Assistant Secretary CALIFORNIA ALL-PURPOa,c ACKNOWLEDGMENT 1 1 1 1 l i ..�ii��f� ,r�.•�►rti-�i�tttttr��i. iit���•tti•�����,GGrr..����.. State of California County of Marin On January 18, 2000 before me, DATE Stacv M. Davis$ Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Steve Dedrickson NAME(S) OF SIGNER(S) IN 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 STACY M. DAVISthe same in his/her/their authorized U COMM. *1238748 capacity(ies), and that by his/her/their 0 NOTARY PUBLIC -CALIFORNIA UO a, COMMAS IN COUNTY OCT. 9 20030 signature(s) on the instrument the person(s), „ „ „ „ „ - „ „ „ „ „ „ - k or the entity upon behalf of which the person(s) acted, executed the instrument. W S my hand a official s eal.. 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: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT V SIGNER IS REPRESENTING: 1 NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE 1 BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 State of California ) SS. County of Sonoma ) On January 18, 2000, 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. O SUSA NMHEATA23A�La NOTARY PULRED • BLIC-CALIFORNIA Q SONOMA COUNTY n v v avn `v COMM. EXP. SEPT. 25, 2003 i V V V V v WITNESS my hand and official seal. Su --o-, at" Susan Heath Allred Bond Number: 282 13 49 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, GREAT AMERICAN INSURANCE COMPANY, a corporation of the State of Ohio, 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 Five Hundred Ninety Five Thousand Five Hundred Dollars ($595,500.00), 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 January 18, 2000 , entered into a contract with Owner for Fourth Street and Fifth Avenue Traffic Signal 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 furnished 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 18th day of January 20 00 In the presence of _ Mike Brown__EI_ec_tri_c Co. (Principal) (Seal) (Witness) James G. Brown (Title) President Great American Insurance Comnanv (Surety) (Seal) (Witness) Labor and Material Payment Bond Revised to February, 1970 By: 6kz---1190 Steve Deg-rickson (Title) Attorney-in-fact iGUM AtVMCAN INSURANCE COMP IIY i 580 WALNUT STREET . CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13830 T140 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organiz& and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named belgw its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bo$d9,' undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power K. DIXON 14RIGI1T BOTH OF BOTH STEVE DEDRICKSON NOVATO, UNLIMITED CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. I N W ITN ESS W H ER EO F the GR EAT A M ER ICAN 1 NSU R ANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this' 12th day of November , 1999 Attest GREAT AMERICAN INSURANCE COMPANY t tiitit:�nt .S'ccrivan Vice Preadew STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 12th day of November, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the [fond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows thescal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. AAAUREEN DOUG f Ohio EJoteuy Public. State o! Ohio xh .� My Expires Aug. 12, tool � This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. R ESO!-VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Att orncys-In-Fact to execute on bchaltorthe Company, as surely, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be afTixed by facsimile to any power of attorney or certificate or either given for the execution of any bond, undertaking, contrac(orsuretyship, orother written obligation in the nature thereof, such signarureand seal when so used being herebyadoplcd by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon (he Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C_ HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now to full force and effect. Signed and sealed this 18th day of January 2000 ti �'��pppyyy�TTyyy'''My b Assistant Secretary vmvs r11 'Y'l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rri.r�rrrirr.�rr rr rrirrr �rrrrr State Of California County of Marin l l 1 On January 18. 2000 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 0@COMM' STACYM. DAS .. capacity(ies), and that by his/her/their COMM, # 1238748 UNOTARY PUBLIC-CALIFORNIAsignature(s) on the instrument the person(s), 2 MARIN COUNTY 0 or the entity upon behalf of which the t -- EXP. OCT. 19, - person(s) acted, executed the instrument. W E S my hand and icial seal. 0 SIGNATURE 0 NTARY SO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 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 farm. t t CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) i ❑ PARTNER(S) ❑ LIMITED 1 ❑ GENERAL 1 11 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 1 1 DATE OF DOCUMENT t l 1 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Companv SIGNER(S) OTHER THAN NAMED ABOVE SO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 State of California ) SS. County of Sonoma ) On January 18, 2000, 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 UCOMM. S 1235685 Q NOTARY PUBLIC -CALIFORNIA 0 SONOMA COUNTY n r COMM. EXP. SEPT. 25, 20031 WITNESS my hand and official seal. su'- w 4ajj�- aL".Ld Susan Heath Allred i 1Lvl_I V CI ) JAN 2 5 2000 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CITY OF SAN RAFAEL COMPENSATION INSURANCE F V N O CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JANUARY E4, 2000 POLICY NUMBER: 15'2'9896 - Obi CERTIFICATE EXPIRES: 1-1-01 F - CITY OF SAN RAFAEL DEBT OF PUBLIC WORKS P 0 BOX 1151560 SAN RAFAEL CA 54915 JOB: FOURTH ST & FIFTH AVE PROD 049-4910-8 70--8000, I'D" NUMBER 655 L 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 policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon vq days' advance written notice to the employer. 30 We will also give you W 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 #2,065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/24/00 IS ATTACHED TO AND FORMS P. FART OF THIS POLICY. EMPLOYER F - MIKE BROWN ELECTRIC CO 561-A MERCANTILE DR COTATI CA 94931 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV. 3-95) o m-_#iLL+r—m 1 IrI%.rH I C Ur LIA01LI 1 T IIN%"')UKHINI►II&B 1 ( 01/24/00 PRODUCER THIS CERTIFICATE ')SUED AS A MATTER OF INFORMATION ONLY AND CONFEh ,O RIGHTS UPON THE CERTIFICATE Reffernan Petersen Ins Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1981 North Broadway, Suite 215 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Walnut Creek CA 94596 Phone: 925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE INSURED INSURER CNA 1C'vINED INSURER B p�1 Mike Brown Electric Co. INSURER C JA88fl 561 A Mercantile Drive Cotati CA 94931 INSURERD pVq, IC way S QE 11 INSURER E: CITY OF SAN RAFAE 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 ATE IMM/1 EFFECTIVE POLIC DATE IMM/DDmI n LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GE NERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 1074160811 01/01/00 01/01/01 I FIRE DAMAGE (Any one fire) $100000 CLAIMS MADE OCCUR I MED EXP (Any one person) $5000 GEN'L AGGREGATE LIMIT APPLIES PER POLICYF—] PRO- F__] LOC PRO- JECT AUTOMOBILE LIABILITY A X ANY AUTO 1078377429 01/01/00 01/01/01 ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY :�] ANY AUTO EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER A Installation Fltr. 1074160811 01/01/00 01/01/01 PERSONAL BADV INJURY $1000000 GENERAL AGGREGATE s2000000 PRODUCTS - COMP/OPAGG 32000000 Emp Ben. 1000000 COMBINED SINGLE LIMIT $1000000 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY S (Per accident) PROPERTY DAMAGE S (Per accident) AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC $ AUTO ONLY: AGG $ EACH OCCURRENCE S AGGREGATE S S WCS S S ORYILIMITS I IOER E.L. EACH ACCIDENT I S E.L DISEASE - EA EMPLOYEEI S E L DISEASE - POLICY LIMIT I S DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB: FOURTH STREET & FIFTH AVE TRAFFIC SIGNAL INTERCONNECT PROD. PROJECT #049-4910-8270-8000 CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS PER THE ATTACHED CONTRACTORS BLANKET ENDORSEMENT. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CITOSRF CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS P.O. BOX 151560 SAN RAFAEL CA 94915-1560 ACORD 25-S (7/97) $150,000 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 S HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES._ CACORD CORPORATION 11988 F EXE.._✓✓�. ' _ � • 1 �r ��;�--�' �-'^ :7� �-- =`gin 77 ,isured: ..._..^.... 10741_60811AV AN Ow Cwnwarwkia wV 1&.W THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT. This endorsement modrfles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO 13 AN iNSURED (Section 11) Is amended to (2) That .portion of "your work' out ol.which include as an insured any person or organization _ _ ..-....__ --- _ _ . the injury or damage arises has beea�"put (called additional insured) whom you ora required to =: to its intended use by any person'°ar : w add as an additional insured on this policy under. organization other than another coritractor�;:F: 1. A written contract or agreement; or or subcontractor. engaged In perinrming operations for a principal as -part' of the 2. An oral contract or agreement whore a certificate same project. of insurance showing that person or organization as an additional insured has heart issued; but b. "Bodily injury" or "property damage' arising out of acts or omissions of the • ade t real the written or oral contract or weenie mt:muat be: _ Insured dther than In connection. -with _tote—:._ - _.------------general Currently In effect or becoming-effectk—duHng theJ suporviaion-ofAioury�iark,' term of this policy; and - 4. The insurance provided to the-addrtianal insured ' - 2 'bodily injury,' "property Executed prior to ,the does ..not - apply -.-.to 'bodily - Injury,' _'pmparty -- .- damage,* e,' 'personal lnjury' or 'advertising injury' damage,' `personal injury' or `advertising Injury.' arising 'out of .an - architect's, anglneers, or S. The insurance provided to the addMonal Insured Is surveyor's rendering at -or failure to render any limited as follows: professional servicas including: 1. That person or organization is only an additional a. The preparing, approving, or failing to prepare insured with respectlo a. Your premises; b. ' Your worm for that additional insured; or c. Acts or -omissions of the additional insured In connection wish the general supervision of "your work! __.. •. _._ . __ _ C. 2. The Limits -_of . Insurance applicable -to the additional insured are those specified in the written contract or agreement 'or in the Declarallons for this policy, whichever Is less. These Limits -of insurance are Inciusive and not in addition to the Limits of Insurance shown In the Declarations,. or approve maps, shop ;drawings,- opiniono, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, 'or lnspection.actMties performed. as part of any --related- srchitectural''cr engineering activities. As respects the - coverage ;-Rrot�ided:. under -this _ -- endorsement, . -Paragraph = =4.b.-•. �EGTION =:IV= -- COMMERCIAL GENERAL LIABIL".-CONDiTIONS is amended with the addition of the following, 4. Other Insurance b. Excess insurance This insurance is excess over: 3: Except when required by contract or agreement, Any other valid and collectible Insurance the coverage provided to the additional Insured by available to the additional insured whether this endorsement does not apply to: primary, excess, contingent or on any other 8. "Bodily injury' or "property damage' occurring basis unless a contract specifically requires after; that this - insurance be either primary or primary and noncontributing. Where required (1) All work on the project (other than by contract, we will consider any other service, maintenance or repairs) to be Insurance maintained by the additional performed by c: insured for injury or damage covered by this additional insured at the . site of the endorsement to be excess and covered operations has been completed; noncontributing with this insurance. or T_^ G -17957-F Paga 1 of I (Ed. 04/98) Gds oNnas Nus uHO wdze : ve 00, 9e Nur 2'd