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HomeMy WebLinkAboutCC Resolution 10291 (East SR Traffic Improvements)RESOLUTION NO. 10291 RESOLUTION OF AWARD OF CONTRACT FOR THE EAST SAN RAFAEL TRAFFIC OPERATIONAL IMPROVEMENTS, PHASE I -TRAFFIC SIGNALS TO REPUBLIC ELECTRIC IN THE AMOUNT OF $ 146,000. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the City has designed Traffic Operational Improvements in East San Rafael in order to improve traffic circulation; and WHEREAS, Phase I of these Improvements is the Installation of Traffic Signals at strategic intersections; and WHEREAS, on the 14`x' day of July, 1998, 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: "EAST SAN RAFAEL TRAFFIC OPERATIONAL IMPROVEMENTS PHASE I - TRAFFIC SIGNALS" PROJECT NO. 046-4610-468-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid from REPUBLIC ELECTRIC, 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 therefore. -1- 1 1 la I, NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of REPUBLIC ELECTRIC and the same is hereby accepted at unit prices and that the contract for said work improvements be and the same is hereby awarded to said REPUBLIC ELECTRIC at the unit prices mentioned in said bid. BE IT FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with REPUBLIC ELECTRIC for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER ORDERED AND RESOLVED that the Director of Public Works 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 Td day of August, 1998, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEANXE M. LEONCINI, ity Clerk -2- U) >Y U a O c a) fu a- a) N N cu C CO w -- O rte+ cn b O O (6 co co N_ M O O O V• (O O) N N O O O Lf) ti C O 0 0 O O O tG r O O O O O Ln LLQ N u O) 6% O O O O co J W O C LO LZq co' to a_ O O O CO U N = O 609,O O O QC EI_- W O O O O (a Il m Z V (OO O Ln o M U o O CD U d O r Ln O r h cc) (n N 613, O O O O W a O N O O V4• CD O U) LO v N U c m Q 0 0 0 0 c U W o 0 0 0 C L •� j O N O v ( r Lri C () N f0 i a N = b9 O O O O O O O O Ucn Nw J Q LOO O t0 � v> W F- O O v Mcco () Q O) F- .- W m Q U c 3 Ln 0 0 0 0 m D � Z VUJ LLO 0 0 0 OO Y 0 LQ O Ln Il CO 0 0 0 0 m N J W Q N 0 O O O O U c Y v~ C F- O N M CD rn W Lo Q o o O o F o Z 0 0 0 N CO o— U o 0 0 0 W) a- N M Cf) T a) N Z ER O O O O O O O O W Q O O O O O O Lo LO Ln O (0 ~ N c E ON C W 6% O O O O W �- W U O O O O Z o 0 0 0 ix Lo LO 0 LO N N C W d •- 01 F (� J J J J � O 0 00 c O am (c cm p, o N 2 N rn E m IW_- d m16 oo c O O O) N c 'Lp m N V t Oc Z 'C ,� C C 0 CL U m CD cn a aL O w a ;a m W O Z N M It O O (6 co co N_ M O O O V• (O O) N N O O O Lf) ti C O 0 0 O O O tG r O O O O O Ln LLQ N u City of San Rafael ♦ California Form of Contract Agreement for EAST SAN RAFAEL TRAFFIC OPERATIONAL IMPROVEMENTS PHASE I - TR.AFFIC SIGNALS This Agreement is made and entered into this 3rd day of August, 1998 by and between the City of San Rafael (hereinafter called City) and Republic 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: East San Rafael Traffic Operational Improvements Phase I - Traffic Signals , 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 three (3) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed by August 301h, 1998 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 $1,000 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 r.n P Y PRICE OF ITEMS NOTE: In the event of error or conflict in the prices set forth below, the "Unit Price" will govern. In the event that the "Unit Price" is illegible or indistinguishible it shall be established by dividing the "Total Price" by the "Number of Units." NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1. Mobilization 1 LS @ $10,000. = $10,000. 2. Construction Area Signs 1 LS @ 2,000. = 2,000. 3. Maintain Traffic 1 LS @ 3,000. = 3,000. 4. Signals and Lighting 1 LS @ 131,000. = 131,000. GRAND TOTAL BID $146,000. V - 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 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. AGREEMENT • 2 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. (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: �a�M�.ct`n i City Clerk _ 11 APPR ED i GaKi T. lay City Attorney CITY OF SAN RAFAEL: Xlbe Boro May CONTRACTOR: for��- AGREEMENT • 3 ACORA CERTIFICATE OF LIABILITY INSUP4NCkR SB DATE(MWDD/YY) PUB -1 07/31/98 PRODUCER THIS CERTIFICATE, SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici . Insurance , Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 I COMPANIES AFFORDING COVERAGE Jim Short COMPANY Phone No. 707-782-9200 FaxNo.707-782-9300 A CNA Insurance Companies INSURED COMPANY B A.I.U. Insurance Co. COMPANY Republic Electric (A Corp) C 250 Bel Marin Keys Blvd., #A1 Novato CA 94949 I COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DATE (M (MM/DD/YY) DATE (MM/DD/YY) LIMITS I GENERAL LIABILITY I GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY C01063605799 04/21/98 04/21/99 (PRODUCTS - COMP/OPAGG S 2,000,000 CLAIMS MADE FX] OCCUR I PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT I EACH OCCURRENCE $ 1,000,000 X $250 PD Ded. IFIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY A X ANY AUTO BUA1063605804 04/21/98 04/21/99 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS — BODILY INJURY $ SCHEDULED AUTOS — (Per person) HIRED AUTOS — BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY ( AUTO ONLY - EA ACCIDENT I $ ANY AUTO I OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE Is 4,000,000 B �UMBRELLA FORM BE3573788 04/21/98 04/21/99 I AGGREGATE 1$4,000,000 OTHER THAN UMBRELLA FORM I Is WORKERS COMPENSATION AND I I TORY LIMITS I IOER EMPLOYERS' LIABILITY j EL EACH ACCIDENT 1$ THE PROPRIETOR/ n INCL I EL DISEASE - POLICY LIMIT 1$ PARTNERS/EXECUTIVE OFFICERS ARE: I�—I{ EXCL EL DISEASE - EA EMPLOYEE I $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: Operations of the Named Insured Job: East San Rafael Traffic Operational Improvements RE: Phase I - Traffic Signals 30*XG17957C CERTIFICATE HOLDER CANCELLATION SANRAI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL e.... . — , .. MAIL City of San Rafael, its agents 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, officers & employees�������r,�o„� Attn: Public Works Dept. P.O. Box 151560 may.;; r.. _.. _,._MZAZW" - -- San Rafael, CA 94915-1560 AU79ORIZED R RES TIVE ^^ .. ,w �J.A ` ACORD 258 (1/95) ACO CORPORATION 1988 A"ORD CERTIFICAT'-. OF PRODUCER Don Ramatici Insurance, Inc. P.O. Box 551 Petaluma CA 94953 Jim Short Phone No. 707-782-9200 Fax No. 707-782-9300 INSURED Republic Electric Attn: Mr. Ron Lawson 250 Bel Marin Keys Blvd., #A1 Novato CA 94949 LIABILITY INSUP SNC p� 1 DATE (MMIDDIYYI 07/31/98 THIS CERTIFICATE IS .,SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Continental Casualty Company COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION' LIMITS DATE (MMIDDIYY) DATE (MM/DD/YY) I;—GENERAL LIABILITY j GENERAL AGGREGATE $ I�CCOOMMERCIAL GENERAL LIABILITY I PRODUCTS -COMP/OP AGG $ — I CLAIMS MADE7 OCCUR PERSONAL & ADV INJURY 5 OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ 4 MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS I (Per accident) I PROPERTY DAMAGE $ GARAGE LIABILITY I j AUTO ONLY - EA ACCIDENT $ ANY AUTO I I OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE 5 UMBRELLA FORM `~ (AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY I I EL EACH ACCIDENT 5 1,000,000 THE PROPRIETOR( A INCL WC1074168651 PARTNERS/EXECUTIVE 10/01/97 10/01/98 IELDISEASE- POLICY LIMIT $ 1,000,000 OFFICERS ARE EXCL I EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS RE: Operations of the Named Insured Job: East San Rafael Traffic Operational Improvements RE: Phase I - Traffic Signals 10 CERTIFICATE HOLDER City of San Rafael, its agents officers & employees Attn: Public Works Dept. P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25-S (1/95) CANCELLATION SAF, 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU ORIZED R RESE TIVE ^ .. A %AkCt0—RD CORPORATION 1988 G-1 7957-C (Ed. 07/96) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to 2. The Limits of Insurance applicable to the additional include as an insured any person or organization (called insured are those specified in the written contract additional insured) whom you are required to add as an or agreement or in the Declarations for this policy, additional insured on this policy under: whichever are less. These Limits of Insurance are included within and not in addition to the Limits of 1. A written contract or agreement; or Insurance shown in the Declarations. 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", "personal injury", or "advertising injury". The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Premises you own, lease, or occupy; or b. Your ongoing operations performed for that additional insured by or for you. The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard". Cit}, of San Rafael, its agents, officers & employees P.O. Box 151560 San Rafael, CA 94915-1560 3. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary. Job: East San Rafael Traffic Operational Improvements / Phase I - Traffic Signals G -17957-C (Ed. 07/96) California: 875 Mahler Road PERFORMANCE BOND BurlingaSuite mCBICe, CA 94010 415) 692-6180 CONTRACTORS BONDING California Private Works (800) 945-CBIC National AND INSURANCE COMPANY (415) 692-6182 FAX Bond No.: 5A 4658 Premium: $ 2,920 - KNOW ,920KNOW ALL MEN BY THESE PRESENTS, That we, Republic Electric called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto City of San Rafael, CA called the Obligee, in the sum of One hundred forty-six thousand and no/100 Dollars ($146, 0 r) ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the Ird day of A u q!1St , 19 98 with the Obligee to do and perform the following work, to -wit: East San Rafael traffic operational improvements phase I - traffic signals - Proj 046-4610-468-8000 ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no other person or entity has any rights against this bond; and PROVIDED, FURTHER, that it is a condition to recovery upon this bond that written notice of any default or breach claimed upon be received by the Surety at its home offices, 1213 Valley Street, P. O. Box 9271, Seattle, Washington 98109-0271, within 90 days of said default or breach; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier; and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said liability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. Signed and sealed this Principal: Republ i c 3rd day of August ;19 98 E1 ectri c CONTRACTORS BONDING A D INSURANCE COMPANY / ( By: ✓Ae5l1k,vy Attorney -in -Fact M. R. Stewart BndCPWP.02-CA011593 California: CBICPAYMENT BOND Suit Mahler Roaduitr 218 California Public Works Burlingame, CA 94010 )80 CONTRACT ORS BONDING (415) 945-C 3III AND INSURANCE COMPANY Bond No. BA 4653 (41.5 692-6182 FAX charge for this bond is included in premium far Peribrmance Bond. KNOW ALL MEN BY THESE PRESENTS, That we, Republic Electric , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound City of San Rafael, CA unto called the Obligee, in the sum of One hundred forty-six thousand and no/100 Dollars ($ 146,000 ) (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEPEAS, the Principal has entered into a contract dated the 3rd day of August '19 93 with the Obligee, for East San Rafael traffic operational improvements chase I - traffic sionals - Pro.i 046-4610-468-8000 ("Contract"); NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this bond that claimant has given the 90 -day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit maybe brought on this bond unless commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code Section 3184. 4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and sealed this 3rd day of August , 19 98 Principal: / Rn_ht�f�l ir, €1 ectri>c CONTRACTORS BONDING AND INSURANCE COMPANY By: f �� �f ' / By: /i��.•v Attorney -in -Fact M. R. Stewart BndS FYP.02-C A022.593 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On Aupugt.' 3 1998 before me DATE personally appeared NANCY G. SPITZER. NOTARY PUBLIC NAME TrrLE OR OFFICER -E G "JANE DOE. NOTARY PUBLIC' M.R. STEWART NAMES 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. --WI ESS my hand and official seal. OFFICIAL SEAL - 1655750 NANCY G. SPI TZER Ci ( :ti:•� NOTARY PUI= LIG - CALIF. r �l�.C��' �/ �f 1/✓ ;a COUN iY OF SONOMA SIGNATURE OF�NORY 1 My Conn. Exp. Apr. 13, 1999 �} u ------------------------------------------------------------------------ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ❑ 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 Contractors Bonding and Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE =� .: ��il_� .. � ��.1_� � :.._��! ._� ��� _':_..=��� _:._.> ��=:'..:=Vii,...._ �. ��1�-__':._-�,G�t•_ il- fiAhNAW LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On Or After: March 31, 1999 Number: 530939 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. UgOW ALL MLN BY THESE PRESENTS, that the Company does hereby make, constitute ind appoint the following: M. R. STEWART and PAUL RAMATICI its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded or classified by the Surety Association of America Manual of Rules, Procedures and Classification for Fidelity /Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,500,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $3,500,000; (5) all other bonds not exceeding the penal sum of $500,000; and (6) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the Company------------------------------------------------------------------------- - -------- ------------------------------------------------------------------------ - ����;:vCERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BA 4658 Signed and sealed this — 3rd CBIC 0 1213 Valley Street • P. (206) 622-7053 • (800) 765-C] St 19 98 Kevin L. Lybeck, Secretary ox 9271 • Seattle, WA 98109-0271 (National) • (206) 382-9623 FAX PaaLPOA.02-U5031296 CBIC PERFORMANCE BONI) CONTRACTORS BONDING California Private Works AND INSURANCE COMPANY Bond No.: 8A 4.658 Premium: $ 2,920 KNOW ALL MEN BY THESE PRESENTS, That we, Republic Electric California: 875 Mahler Road Suite 218 Burlingame, CA 94010 (415) 692-6180 (800) 945-CBIC National (415) 692-6182 FAX called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto City of San Rafael, CA called the Obligee, in the sum of_0nP_ hundred forty-six thousand and no/100 Dollars ($1 ar - nnn ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the 'IV -d day of A Ilgiist , 19 98. with the Obligee to do and perform the following work, to -wit: East San Rafael traffic operational improvements phase I - traffic signals - Proj 046-4610-468-8000 ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no other person or entity has any rights against this bond; and PROVIDED, FURTHER, that it is a condition to recovery upon this bond that written notice of any default or breach claimed upon be received by the Surety at its home offices, 1213 Valley Street, P. O. Box 9271, Seattle, Washington 98109-0271, within 90 days of said default of breach; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal last performed work under the Contract or front the date of substantial completion of the Contract, whichever is earlier; and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said liability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. Signed and sealed this 3r6 day of August Principal: Republic E1-ectri c _ By: / l L ` L ,19. 98 CONTRACTORS BONDING AMD INSURANCE OMPANY By: ' ,► Attorney -in -Fact t1. R. Stewart BndCPWP.02-CA011593 California: CBICPAYMENT BOND 87.5 Mahler Itoad Suite 218 California Public Works Iturlingame, CA 94()1(1 CONTRACTORS 11ONDING (415) 692-6180 AND. INSURANCE COMPANY Band No. BA 4653 (415(11M)) 692-6182 I AXlunal Charge for this bond Is Included In premium fur Performance Dond. KNOW ALL MEN 13Y THESE PRESENTS, That we, Republic Electric , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto City of San Rafael, CA called the Obligee, In the sum of One hundred fortv-six thousand and ho/100 Dollars ($ 146,000 ) (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the 3rd day of August , 19--9-8 with the Obligee, for East San Rafael traffic operational improvements phase I - traffic sionals - Pro.i 046-4610-468-8000 ("Contract"); NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development bepartment from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such wort: and labor, then this obligation shall be void, otherwise to remain In full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this bond that claimant has given the 90 -day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit may be brought on this bond unless commenced before the expiration of six months after the period In which stop notices may be filed a1 provided In Civil Code Section 3184. 4. If suit is brought upon the bond, u reasonable attorney fee shall be paid to the prevailing party, but ho attorney fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and sealed this 3rd*. day of Aualtlst , 19 98 Principal: - R@publ i 6 V ectri c-� CONTRACTORS I ONDING AND INSURANCC COMPANY By: �y: ( ,sir' . L Attorney -in -Fact M. R. Stewart undsFY11.02-CA022593 CALIFORNIA ALL-PURPL E ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA n August 3 1998 before me„ DATE personally appeared NANCY G. SPITZER. NOTARY PUBLIC NAME, TITLE OR OFFICER -E G "JANE DOE NOTARY PUBLIC" M.R. STEWART NAMES 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ==�• OFFICIAL SEAL - :OS -SU WITNESS my hand and official seal. a ; v_r '`` 1`JA •;CY G. SPITZER U : -c:• ,� NM ARY PUBLIC -CALIF �✓:�ic/ ���y�i Z .:,,.t:c - •i'� r'CY . 3GNGt1A vly Comm. ErrpSIGNATURE OF Apr. la, 1�4 '+r•�rs--�w •mow- w--�v� ,,,._•.,...,..-��r-�;...,;�,•..,,. �[t ------------------------------------------------------------------------ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ❑ 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 Contractors Bonding and Insurnace Company SIGNER(S) OTHER THAN NAMED ABOVE 9ONDS BAD LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Power of Attorney Executed On or After: March 31, 1999 Number: 530939 A valid original of this document must be printed on security paper with black, blue, and red Ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely In connection with the execution and delivery of the bond bearing the number Indicated below, provided the bond Is of the type Indicated below, and is valid only if the bond is executed on or before the date Indicated above. CERTIFICATE 1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now- in full force and effect. 3ond Number BA 4658 Signed and sealed this 3Cd _ a of AubuCt�_ 19 98 V Kevin L. Lybeck, Secretary C131C • 1213 Valley Street - P. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 + (800) 765-CBIC (National) • (206) 382-9623 FAX PoaLPOA.02-US031296