HomeMy WebLinkAboutCC Resolution 13320 (Belle Ave. Pedestrian Impr.)RESOLUTION NO. 13320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR THE BELLE AVENUE PEDESTRIAN
IMPROVEMENTS AT COLEMAN ELEMENTARY SCHOOL, CITY PROJECT NO.
11175, TO COASTSIDE CONCRETE IN THE AMOUNT OF $176,190.00.
WHEREAS, on the 201h day of March, 2012, 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:
"Belle Avenue Pedestrian Improvements at Coleman Elementary School"
City Project No. 11175
In accordance with the plans and specifications therefore on file in the office of said City Clerk,
and
WHEREAS, the bid of Coastside Concrete 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael,
that the bid of Coastside Concrete is hereby accepted at said unit prices and that the contract for
said work and improvements is hereby awarded to Coastside Concrete at the unit prices
mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and
the City Clerk of said City be authorized and directed to execute a contract with Coastside
Concrete in a form approved by the City Attorney, for said work and to return the bidder's bond
upon the execution of said contract.
RESOLVED, FURTHER. that the Public Works Director 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, ESTHER C. BEIRNE, 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 2nd day of April, 2012 by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 18.10.18
City of San Rafael ♦ California
Form of Contract Agreement
for
Belle Avenue Pedestrian Improvements at Coleman Elementary School
Citv Proiect No. 11175
This Agreement is made and entered into this 2nd day of April, 2012 by and between the City of San
Rafael (hereinafter called City) and Coastside Concrete (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: Belle Avenue Pedestrian Improvements at Coleman Elementary School, City Project No.
11175, 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. The liability insurance provided
to City by Contractor under this contract shall be primary with respect to any other insurance available to
the City.
II - 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) All work, including punchlist items, shall be completed within THIRTY (30) WORKING DAYS
and with such extensions of time as are provided for in the General Conditions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of
calendar 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 working 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 col Bred by the
Contract.
ITEM
NO. ' DESCRIPTION
BASE BID
I. 1 Signs and Traffic Control
2. Construction Staking
Clearim, and Grubbing
ESTIMATED UN IT TOTAL
QUANTITY UNIT PRICE PRICE
1 LS S3.500.00
1 LS S5MOO.00 Sz.ot1().U0
1 LS 57.500.00
ITEM
NO.
DESCRIPTION
BASE BID
(CONTINUED)
4.
Minor Concrete — Minor Structures
a. Type A Curb & Gutter
b. Type E Curb (6" Max. Height)
c. 4 -inch Thick PCC Sidewalk
d. Curb Ramp — Case A
e. Curb Ramp — Case CM
f. Curb Ramp -- Case G
g. Valley Gutter
h. Type D Catch Basin
i. Type A Manhole
5.
Asphalt Concrete
6.
Asphalt Concrete Raised Crosswalk
7. Reinforced Concrete Pipe
8. Sanitary Sewer Improvements
9. Pipe Gate
10. Adjust Existing Facilities to Grade
H. Safety Lighting
12. Signs and Striping
ESTIMATED
QUANTITY
305
20
2,100
5
3
1,025
3
1
108
155
10121#1
LF
LF
SF
EA
EA
EA
SF
EA
EA
TON
LS
LF
LS
LS
LS
LS
LS
SUBTOTAL BASE BID
ALTERNATE BID ITEM 1
j1. Storm Drain Improvements ( 1 LS
SUBTOTAL ALTERNATE BID ITEM I
GRAND TOTAL
V - Progress Payments
UNIT
PRICE
$30.00
$28.00
$10.00
$2,000.00
$2.500.00
$2,250.00
$10.00
$1,000.00
$3,000.00
$185.00
$4,500.00
$100.00
$6,500.00
$2,500.00
$2,500.00
57,500.00
$25,000.00
$7,500.00
$7,500.00
TOTAL
PRICE
59,150.00
$560.00
$21,000.00
$10,000.00
$5,000.00
$6,750.00
$10,250.00
$3,000.00
$3,000.00
$19,980.00
$4,500.00
$15,500.00
$6,500.00
$2,500.00
$2,500.00
$7,500.00
$25,000.00
$168,690.00
i
I
$7,500.00
$7,500.00
$176,190.00
(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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous
payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public
Works Department.
(c) Final payment of all moneys due shall be made NNithin 15 days after the expiration of 35 days
following the tiling of the notice of completion and acceptance of the work by the Public Works
Department.
(d) The Contractor may elect to receive 1OWo 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
Goti ernment Code. Such securities, if deposited by the Contractor, shall be valued by the City's
Finance Director, �N hose decision on valuation of the securities shall be final.
im"
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 Contractor shall provide a "Defective Material and Workmanship Bond" for 500io of the Contract
Price, before the final payment will be made.
(d) 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.
(e) 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:
Esther C Beirne
City Clerk
APPROVED AS TO FORM:
ate- -
lit�he'rt F. Ft�stcirr
City Attorney
HIc No.: 18.10.18
CITY OF SAN RAFAEL:
f
Nader Mansoaurian
Public Works Director
CONTRACTOR:
For: Coastside Concrete
I I II 1 11 IIIIII IIII Hill 111 111 1Illull VIII IIIIIII 111 I I I I 1 iu it Il lullullulll I ulli11111il llllull 1 111 lul III111111 11 Hill I llll 1, 11 Bull 1, 1 1
41400, I-Icc
Bond No. 1000908015
Premium: S INCLD IN PERF. BOND
Public Works — Payment
KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDI: CONCRETI:
I as Principal, and
AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under
the laws of the State of California, and authorized to transact a general surety business in the State of CA
as Surety, are held and firmly bound unto HIE CITY OFSAN RAFAIJ.
,asObligee, inthe sum of ANTI: 11-INDRED
SEVENTY SIX THOUSAND ONE 1-11JINDRE'D NINETY& NO 1100 Dollars (S 176.190 00) ), lawful money of
the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally. Firmly by these presents.
WHEREAS, the above -bounden Principal has entered into a contract dated APRIL 2_ 2012
with said Obligee to do and perform the following work, to wit:
13ELLE AVENtT_ PEDESTRIAN IMPROVEMENTS AT COLE_NL-NN FLEMENTAR Y SCHOOL -'til
PROJECT NO. 11175
NOW, THEREFORE, If the above -bounden Principal shall faithfully pay all laborers. mechanics, subcontractors,
materialmen and A persons who shall supply such person or persons, or subcontractors, with materials and supplies
for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect.
Signed, sealed and dated this
COAS FSIDE CONCRETE
Principal
By
!!TIJ day of
APRIL
1012
AMERICAN CONTRACTORS INDEMNITY COMPANY
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
}
State of California
County of Sacramento
4-11-2012
On before me, VICKY TROYAN, NOTARY PUBLIC ,
(Here insert name and title of the officer)
personally appeared NHUNG H. SAEPHAN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to
the within instrument and acknowledged to me that he/she/tht-y executed the same in Iris/her/their- authorized
capacity(ics), 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
r Signature of Notary Pebl
z
(Notary Seal) _
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
U Corporate Officer
2008 Version CAPA v12,10,07 800-873-986 w),vw.Notar) Classes com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form tnust be
properly completed and attached to that document. The onl'v exception is if a
document is to be recorded outside of California. In such instances, anv alternative
acknowledgment verbiage as nrcry be printed on such a document so long as the
verbiage does not require the notan' to do something that is illegal for a notary in
California (i.e. certifi'ing the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this forrrr if required.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Pant the name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off incorrect forms (i e
he'she,'theN. is !a44.- ) or circling the correct forms. Failure to correct]_% indicate this
information ma) lead to rejection ofdocument recording
• The notar\ seal impression must be clear and photographicall}reproducible.
Impression must not co%er text or lines. If seal impression smudges, re -seal if a
sufficient area permits. other%\ise complete a different acknowledgment form
• Signature of the notar% public must match the signature on file %%ith the office of
the count% clerk.
Additional information is not required but could help to ensure this
ackno%%ledgment is not misused or attached to a different document
Indicate title or t% pe of attached document. number of pages and date
Indicate the capacity claimed b\ the signer. If the claimed capacrt% is a
corporate officer. indicate the title (i.e. CEO. CFO. Secretar%>
• Secure]} attach this document to the signed document
(Title)
❑
Partner(s)
.,Q
Attorney -in -Fact
❑
Trustee(s)
E
Other
2008 Version CAPA v12,10,07 800-873-986 w),vw.Notar) Classes com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form tnust be
properly completed and attached to that document. The onl'v exception is if a
document is to be recorded outside of California. In such instances, anv alternative
acknowledgment verbiage as nrcry be printed on such a document so long as the
verbiage does not require the notan' to do something that is illegal for a notary in
California (i.e. certifi'ing the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this forrrr if required.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Pant the name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off incorrect forms (i e
he'she,'theN. is !a44.- ) or circling the correct forms. Failure to correct]_% indicate this
information ma) lead to rejection ofdocument recording
• The notar\ seal impression must be clear and photographicall}reproducible.
Impression must not co%er text or lines. If seal impression smudges, re -seal if a
sufficient area permits. other%\ise complete a different acknowledgment form
• Signature of the notar% public must match the signature on file %%ith the office of
the count% clerk.
Additional information is not required but could help to ensure this
ackno%%ledgment is not misused or attached to a different document
Indicate title or t% pe of attached document. number of pages and date
Indicate the capacity claimed b\ the signer. If the claimed capacrt% is a
corporate officer. indicate the title (i.e. CEO. CFO. Secretar%>
• Secure]} attach this document to the signed document
Bond No, 1000908015
Premium: S 4 524 00
Public Works — Performance
KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE
, as Principal, and
AMERICAN CONTRACTORS INDEMNITY COMPANN, a corporation organized and existing under
the laws of the State of California, and authorized to transact a general surety business in the State of CA
as Surety, are held and firmly bound unto THE CITY OF SAN RAFAE'L
,asObligee, inthe sum of ONT�.HUNTI)Pd-J)
SEVENTY SIXTI 10USAND ON7,, I IUNDRED NINETY & N011 100 Dollars ($ 176.190-00 ), lawful money of
the United States of America, for the payment whereof, well and truly- to be made, we hereby bind ourselves,
our heirs, executors, administrators., successors and assigns, Jointly and sex erally. firmly by these presents.
WHEREAS, the above -bounden Principal has entered into a contract dated APRIL 2, 2012
with said Obligee to do and perform the following work, to wit:
13ELLE ANENlil?PlsDESTRIAN";MPR(-)V'E.%IEN—i'S AT COLEN'tAN ELEMENTARY SCHOOL —2012
PROJECT NO. 11175
NOW. THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed,
"the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and
effect.
Signed, sealed and dated this !!TH day of
Principal
By
COASTSIDE* CONCT;ffLTE
APRIL 2012
AMERICAN CONTRACTORS INDENINIT t* COMPANY
I I N, I[ I: I I I I I I o I I III, do I u11.1 j, I I I 11 1 HIP 1, 1 IJa1 Ili
-V lornc\ -m-Faul
L
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Sacramento
4-11-2012
On before me, PICKY TROYAN, NOTARY PUBLIC
(Here insert name and title of the officer)
personally appeared NHUNG H. SAEPHAN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wave subscribed to
the within instrument and acknowledged to me that h,-/she/they executed the same in hislher/their authorized
capacity(ie-s), 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.
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages -_ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
C Individual (s)
C Corporate Officer
2008 Version CAPA v]2.10.07 800-873-9865 www.NotanClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Anv acknowledgment completed in California wast contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, am alternative
acknowledgment verbiage as n:av be printed on such a document so long as the
verbiage does not require the notcay to do something that is illegal for a notary in
California (i.e. certifiing the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed bN a comma and then your title (notary public).
• Print the name(s) of document siener(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms b} crossing off incorrect forms (re.
hcisheitlney - is rare ) or circling the correct forms Failure to correctly indicate this
information mai lead to rejection of document recording.
• The notan seal impression must be clear and photographically reproducible.
Impression must not co\er telt or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknow ledgment is not moused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer. indicate the title (i.e CEO. CFO, Secretary ).
• Securely attach this document to the signed document
(Title)
Partner(s)
(#
Attorney -in -Fact
Trustee(s)
❑
Other
2008 Version CAPA v]2.10.07 800-873-9865 www.NotanClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Anv acknowledgment completed in California wast contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, am alternative
acknowledgment verbiage as n:av be printed on such a document so long as the
verbiage does not require the notcay to do something that is illegal for a notary in
California (i.e. certifiing the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed bN a comma and then your title (notary public).
• Print the name(s) of document siener(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms b} crossing off incorrect forms (re.
hcisheitlney - is rare ) or circling the correct forms Failure to correctly indicate this
information mai lead to rejection of document recording.
• The notan seal impression must be clear and photographically reproducible.
Impression must not co\er telt or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknow ledgment is not moused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer. indicate the title (i.e CEO. CFO, Secretary ).
• Securely attach this document to the signed document
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SIIRE'I'N'COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN 13Y THESE PRESENTS: That American Contractors Indemnity Company. a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the -Companies"), do by these presents make,
constitute and appoint:
Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Travis, Vicky Troyan,
or Daren Eiseman of Sacramento, California
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ).
This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorne 'v -in -Fact may be given full power and authority for and in the name of and on behalf ofthe Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including an} and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liabilit\
thereunder, and any such instruments so executed by an} such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
3'd day of October, 2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING , COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
Corporate Seals -0-
kr — -#
-
(T a ING 415!-
T
T
Z
SEA L
b, + Daniel P. Aguilar, Vice President
State of California
cq
County of Los Angeles SS:
d
Onthis-) ,, day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory, evidence to be the person whose name is subscribed to the within instrument
and acknowledged to tile that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certif-, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. --------.r.........
-
---Ant%. DESORA4 REESE
1wo
Signature
_A e (Seal) hou" pte vvCAI=
Los Afqe1S Coumy
wwowm_ twin MW 1C20IS
1, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company, do hereby certify that the abw, e and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set m\ hand and affixed the seals of said Companies at Los Angeles, California this 11 TH daN
of APRIL 2012
t 6 i&Gtr.iNG
T
Q
Corporate Seals 3'' 10,
�j SEAL
-AL
Bond No. 1000908015
<-, Jeannie Lee, X�sistant Secretary
Agency No. 9010
ACORDrn CERTIFICATE OF LIABILITY INSURANCE DATE
04/09/2012
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ARTHUR E . SCHIEFFER & SON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
338 Center Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O.Box 515
INSURERS AFFORDING COVERAGE
Healdsburg CA 95448 -
INSURED INSURER A ALLIED INSURANCE
COASTSIDE CONCRETE INSURER B HARTFORD UNDERWRITERS INSURANCE COMPANY
2160 W. HEARN AVE ! INSURER C
INSURER D
SANTA ROSA CA 95407-
INSURER
1 1
POLICY JELOC
COVERAGES
B AUTOMOBILE LIABILITY 57UFCZN4102
01/15/2012
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.
AGSREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
SCHEDULED AUTOS
AUTO ONLY - EA ACCIDENT
I $
INSR TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDlYY) DATE(MMIDD/YY)
LIMITS
_ NON -OWNED AUTOS
A GENERAL LIABILITY ACP7800992990
12/04/2011 12/04/2012
EACH OCCURRENCE I$
1,000,000
X COMMERCIAL GENERAL LIABILITY
GARAGE LIABILITY
( FIRE DAMAGE (Any one fire) Is
50,000
1 CLAIMS MADE FX] OCCUR
1 1 1 1
( MED EXP (Any one person) Is
5,000
1 1
1 1
PERSONAL & ADV INJURY
$
1,000,000
OCCUR CLAIMS MADE
GENERALAGGREGATE
$
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
RETENTION $
I PRODUCTS - COMP/OP AGO $
2,000,000
7 FI [7
1 1
1 1
POLICY JELOC
BODILY INJURY
B AUTOMOBILE LIABILITY 57UFCZN4102
01/15/2012
01/15/2013
X ANY AUTO
(Per accident)
$
ALL OWNED AUTOS
1 1
1 1
SCHEDULED AUTOS
AUTO ONLY - EA ACCIDENT
I $
_
_ HIRED AUTOS
1 1
1 1
_ NON -OWNED AUTOS
AUTO ONLY AGO
$
EACH OCCURRENCE
$
AGGREGATE
GARAGE LIABILITY
$
ANY AUTO
$
$
1 1
1 1
EXCESS LIABILITY
E L EACH ACCIDENT
OCCUR CLAIMS MADE
DEDUCTIBLE
1 1
1 1
RETENTION $
B WORKERS COMPENSATION AND 57WECVV0751
05/01/2011
05/01/2012
EMPLOYERSLIABILITY
OTHER
COMBINED SINGLE LIMIT
(Ea accident)
S 1,000,000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
AUTO ONLY - EA ACCIDENT
I $
I
OTHER THAN EA ACC
$
AUTO ONLY AGO
$
EACH OCCURRENCE
$
AGGREGATE
$
$
$
$
WC OTH-
TORY LIMITS I I FR
E L EACH ACCIDENT
$ 1,000,000
E L DISEASE - EA EMPLOYEE $ 1,000,000
E L DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONSiLOCATIONSNEHICLES lXCLUSIONS ADDED BY ENDORSEMENTiSPECIAL PROVISIONS
THE CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS ANO EMPLOYEES ARE NAMED AS ADDITIONAL INSURER AS
RESPECTS GENERAL, LIABILITY. INCLUDES PRIMARY AND, NON-CONTRIBUTORY WORDING.
PROJECT: BELLE AVENUE PEDESTRIAN IMPROVEMENTS AT COLEMAN ELEMENTARY SCHOOL - PROJECT 41I1T5
CERTIFICATE HOLDER X j ADDITIONAL INSURED: INSURER LETTER: 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
CITY OF SAN RAFAEL FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
P.O. BOX 1515601 INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHO ZED S NTATIV
SAN RAFAEL CA 94915-1560
ACORD 25-S (7/97) e G ACORD CORPORATION 1988
INS025S,99?O)0' E'-EC-RCNICLASER FORMS INC-f8'=2E7-05TE P4- e' o`2
CG70 57 (03-96)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULED
Name Of Person Or Organization: CITY OF SAN RAFAEL AND MARINE COUNTY, ITS
OFFICERS, AGENTS AND EMPLOYEES
Project Name: BELLE AVENUE PEDESTRIAN IMPROVEMENTS
Project Location: COLEMAN ELEMENTARY SCHOOL
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (SECTION ll) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to acts or omissions of the named insured in connection
with the named insured's ongoing operations.
As respects coverage provided by this endorsement to the person or organization shown in the schedule,
coverage does not apply to "bodily injury' to an "employee" of the named insured.
Primary Clause: It is understood and agreed that this insurance is primary insurance and any other
insurance maintained by the additional insured shall be excess only and not contributing with this
insurance, but only with respects to liability arising out of "your work" for that insured by or for you.
CG 70 >-
J
J
Apr] 14, 2012
C_�
MAYoi, GARY U. PHILLIPS
VICE- MAYOR MARC I P\TIL
COE N ILNIFNIBHR DAMON CO\\OI.I Y
COUNCIL\ti{mw jZ B.-\RBAR.\ IAFL LEI,
COLKCIL%IEMBER ANDRE\\' Cl;)'t G;\\ MCCL,I.LUI'GII
PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334
Nader Alansouricur, Dircctor of'f'uhlic ti'orh's
File No.: 18.10.t8
Coastside Concrete
2160 W. Frear n Avenue
Santa Rosa, CA 95407
Re: BELLE AVENUE PEDESTRIAN IMPROVEMENTS
AT COLEMAN ELEMENTARY SCHOOL - 2012
PROJECT NO: 11175
Gentlemen:
The San Rafael City Council on April 2, 2012 awarded the referenced contract to your firm for
the low bid of $176,190.00.
Enclosed are the original and two copies of the project agreement which you are required to
execute within five (5) days from receipt of this letter. Please take the following steps:
AGREEMENT
Execute all three copies. NOTE: If you are a corporation, two signatures are required,
one by the Chairman of the Board, the President or any Vice President, AND one by the
Secretary, Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
Alternatively, you may provide a corporate resolution stating that the individual who
signs is authorized to bind the corporation.
2. Return all three copies to us. You will receive a fully executed copy later.
BONDS
Furnish a Faithful Performance Bond in the sum of W/6,190.00.
2. Furnish a Labor and Materials Bond in the sum of S 176,190.00.
3. Date the Bonds -- since the Agreement will be dated April 2. 2012.
4. The description of work in both bonds should be "Belle Avenue Pedestrian
Improvements at Coleman Elementary School".
5. The Obligee on both Bonds must be the City of San Rafael.
II I %IORP IFA SIRE I POBoN 1514;b0 S.\\ RAF.-\FI.CA `)41)1 ? -I
\\ \\ 1\'.0 1 V)'OI S.-\\RAFAt-L.ORc
Page Two
6. Please give your bonding company a copy of this letter as a guide.
7. Send the bonds in duplicate to our office.
INSURANCE
Finnish Certificates of Insurance as provided in the specifications and as described on the
enclosed "Insurance Requirements Sheet", including Workers' Compensation, Public
Liability, and Property Damage. The required insurance may be provided by a separate
policy or certificate of insurance insuring the City for public liability and property
damage. The required cross -liability endorsement MUST READ EXACTLY AS
STATED on the enclosed Insurance Requirement Sheet. Be sure to attach the
endorsement to your insurance certificate. That portion of the cancellation clause
pertaining to "Failure of the insurance company to mail notice of cancellation imposing
no obligation or liability upon the company" must be deleted from the certificate of
insurance. Please cross out and initial the deleted portion.
2. Send the Insurance Certificates in duplicate to our office.
3. Please give your insurance carrier a copy of this letter as a guide.
Should you, your bonding company, or your insurance carrier have any questions, please contact
our Engineer at 485-3355.
Sincerely yours,
Leslie Blomquist t€
Associate Civil Engineer
LB:dw
Enclosures (4): 3 Agreements
1 Insurance Requirements Sheet
cc: Project Engineer
PROFESSIONAL SERVICES AGREENIENT/CONTRACT
COANIPLETION CHECKLIST AICD ROUTING SLIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services agreements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
Description
I Completion
Department
Date
I
City Attorney
Review, revise, and comment on draft
i_
agreement.
2
Contracting Department
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval
necessary (as defined by City Attorney/City
4
City Attorney
Ordinance*).
Review and approve form of agreement;
7 /1 Z_
bonds, and insurance certificates and
endorsements.
5
City Manager / Mayor I or
Agreement executed by Council authorized
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
contracting department.
To be completed by Contracting Department:
Manager: Pr0'ect ManaProject 1 ZD 01 Nl
Alc,endized for City Council Meeting, of (if necessary):
If you have questions on this process, please contact the City Attorney's Office at 485-3080.
* Council approval is required if contract is over S-20,000 on a cumulative basis.