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HomeMy WebLinkAboutCC Resolution 11827 (Slurry Seal)RESOLUTION NO. 11827 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR SLURRY SEAL 2004/2005 (REBID), PROJECT NO. 11054, TO CALIFORNIA PAVEMENT MAINTENANCE CO. INC. IN THE AMOUNT OF $95,698.24. WHEREAS, on the 30`h day of August, 2005, 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: "SLURRY SEAL 2004/2005" PROJECT NO. 11054 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of California Pavement Maintenance Co. Inc. 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; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of California Pavement Maintenance Co. Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said California Pavement Maintenance Co. Inc. at the unit prices mentioned in said bid. A L,�� RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with California Pavement Maintenance Co. Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, 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 6th day of September, 2005, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Phillips JEANNIK M. LEONCINI, City Clerk File No. 16.06.58 City of San Rafael • California Form of Contract Agreement For Slurry Seal 2004/2005 Project No. 11054 This Agreement is made and entered into this 6th day of September, 2005 by and between the City of San Rafael (hereinafter called City) and California Pavement Maintenance Co., Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: If - 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: Slurry Seal 2004/2005 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 ten (10) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500.00 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - 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 01P31 TEM INO. UNIT EST UNIT ITEM I ITEM I I QTY I PRICE, $ I TOTAL, $ 1 Mobilization LS 1 5,000.00 5,000.00 2 Slurry Seal SY 30,000 1.65 49,500.00 3 Painted Traffic Stripes & LS 1 31,698.24 31,698.24 Pavement Markings 4 Traffic Control LS 1 9,500.00 9,500.00 (:rand futai 95.698.241 VI - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or 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. VII -Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. AGREEMENT • 2 (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: anneM e�onGini City Clerk APPROVES O l Gary T. Ragghianti City Attorney CITY OF SAN RAFAEL: lb;1�3�lry Mayor CALIFORNIA PAVEMENT MAINTENANCE CO., INC. r GORDON Li� PREM SID PAVEMENT MAINTENANCE COMPANY. INC. ---7 /,/-/ ---- Tine S. F, - ev Corporate Secretary AGREEMENT • 3 PRODUCER: ISSULrUX,, q� F� CERTIFICATE OF INSURANCE ACORDIA OF CALIFORNIA INSURANCE SERVICES, INC. 45 FREMONT STREET, SUITE 800 SAN FRANCISCO, CALIFORNIA 94105 415-541-7900 INSURED: California Pavement Maintenance Company Inc. 9390 Elder Creek Rd 9/26/05 THIS CERTIFICATE• IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER OTHER COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Admiral Insurance Company LETTER A COMPANY American States Insurance Company LETTER B COMPANY American International Specialty Lines Ins Co LETTER C COMPANY LETTER D COMPANY LETTER E Sacramento, CA 95829 COVERAGES AND LIMITS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, �'LIIJri PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SFIOWN MAY ISSULrUX,, q� F� CERTIFICATE OF INSURANCE ACORDIA OF CALIFORNIA INSURANCE SERVICES, INC. 45 FREMONT STREET, SUITE 800 SAN FRANCISCO, CALIFORNIA 94105 415-541-7900 INSURED: California Pavement Maintenance Company Inc. 9390 Elder Creek Rd 9/26/05 THIS CERTIFICATE• IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER OTHER COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Admiral Insurance Company LETTER A COMPANY American States Insurance Company LETTER B COMPANY American International Specialty Lines Ins Co LETTER C COMPANY LETTER D COMPANY LETTER E Sacramento, CA 95829 COVERAGES AND LIMITS 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 OI'HLR DOCUMENT WnH 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 SFIOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. DESCRIPTION LIMITS LTR DATE DATE A GENERAL LIABILITY CA0000386302 3-31-05 3-31-06 GENERAL AGGREGATE 2,000,000 ❑ CONIM. GENERAL LIAB. PROD-COMP/OP AGG. 2,000,000 ❑ CLAIMS MADE PERS & ADV. INJURY 1,000,000 ❑ OCCURRENCE EACH OCCURRENCE 1,000,000 ❑ XCU COVERAGE FIRE DAMAGE (One Fire) 50,000 R I Aggregate applies per Project MEDICAL EXPENSE (One Person) Not Covered X B AUTOMOBILE LIABILITY 01 CE91856130 9-30-04 9-30-05 ❑ ANY AUTO COMBINED SINGLE LIMIT 1,000,000 ALL OWNED AUTOS BODILY INJURY (Per Person) ❑ SCHEDULED AUTOS BODILY INJURY (Per Accident) ❑ HIRED AUTOS PROPERTY DAMAGE ❑ NON -OWNED AUTOS ❑ GARAGE LIABILITY C EXCESS LIABILITY BE4766174 3-31-05 3-31-06 EACH OCCURRENCE 4,000,000 ❑ UMBRELLA FORM AGGREGATE 4,000,000 ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION ❑ STATUTORY LIMITS AND EACH ACCIDENT EMPLOYER'S LIABILITY DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE OTHERINSURANCE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: Certificate holder and its officers, agents and employees is named as additional insured. Re: Slurry Seal 2004/2005, Project No. 11054. #. Subject to ten (10) days notice of cancellation for non-payment of premium. NAME AND ADDRESS OF CERTIFICATE HOLDER.: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE 711E EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WEIFTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Ci f SRafael BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR City oan LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Department of Public Works P. O. Box 151560 AUTHORIZED REPRESENTATIVE: San Rafael, CA 94915 A25 AI U CPM Job #: COMMERCIAL LIABILITY POLICY NUMBER: CA0000386302 NAMED INSURED: California Pavement Maintenance Company Inc. THE ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION INCLUDING PRODUCTS -COMPLETED OPERATIONS (AMENDED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSON OR ORGANIZATION: WHERE REQUIRED BY WRITTEN CONTRACT City of San Rafael Department of Public Works its officers, agents and employees P. O. Box 151560 San Rafael, CA 94915 Slurry Seal 2004/2005, Project No. 11054 CPM Job: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A Section II - WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused by your on-going and completed operations performed for that insured. B With respect to the insurance afforded to these additional insureds, the following exclusions are added: 2 Exclusions a This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" that has been completed by or for you prior to the Policy Period. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b This insurance does not apply to liability caused by the sole negligence of the person or organization shown in the Schedule. PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No.104598765 PREMIUM: $574.00 KNOW ALL MEN BY THESE PRESENTS: That CALIFORNIA PAVEMENT MAINTENANCE COMPANY. INC.. 9390 ELDER CREEK ROAD, SACRAMENTO, CALIFORNIA 95829 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 10680 WHITE ROCK ROAD, RANCHO CORDOVA, CALIFORNIA 95670 of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto CITY OF SAN RAFAEL P.O. BOX 15160 SAN RAFAEL, CALIFORNIA 94915-1560 (Here insert full name and address or legal title of Owner) as Obligee, hereafter called Owner, in the amount of NINETY FIVE THOUSAND SIX HUNDRED NINETY EIGHT AND .24/100 - Dollars ($95.698.24). 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 , entered into a contract with Owner for: SLURRY SEAL 2004/2005 PROJECT NUMBER: 11054 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 a contract between such bidder and Owner, and make available as that, if Contractor shall promptly and faithfully perform said Contract, Work progresses (even though there should be a default or a then this obligation shall be null and void; otherwise it shall remain in succession of defaults under the contract or contracts of completion full force and effect. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, The Surety hereby waives notice of any alteration or extension of time including other costs and damages for which the Surety may be liable made by the Owner. hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract Whenever Contractor shall be, and declared by Owner to be in default price", as used in this paragraph, shall mean the total amount payable under the Contract, the Owner having performed Owner's obligations by Owner to Contractor under the Contract and any amendments thereunder, the Surety may promptly remedy the default, or shall thereto, less the amount properly paid by Owner to Contractor. 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 Signed and sealed this 26 T" day of SEPTEMBER 2005. (Witness) 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 the Owner. CALIFORNI AVEMEN'j�AIt 7ANCE COMPANY.INC. �� �� // (Principal) (Seal) (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) By Jose# H. Weber, Attorney -In -Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers{ -Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311, February 1970 edition. Page 1 S -1870-E (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SACRAMENTO On SEP111 BER 26 ,2005 before me, M.McLaughlin - Notary Public --------------- -------- ------------------------_ Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JOSEPH H. WEBER, ATTORNEY-IN-FACT ----- ---- _---------------------------------------- _---__- Name(s) of Signer(s) ❑ personally known to me -OR- ® proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/afs- subscribed to the within instrument and acknowledged to me that he/z,i,,.; ll .,_y executed the same in his/4effttreTr-authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon . _ ._ .. ........ behalf of which the person(e) acted, executed the instrument. 9 •• °• M. MCLAUGHLIN I ILiv, COMM. #1470349 Notary Pub c-Califomla 6 SACRAMENTO COUNTY y Comm. Exp. Feb; 14, 2008 WITNESS my hand and official seal. if 719nature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ® Individual ❑ Individual ® Corporate Officer ❑ Corporate Officer ® Titles(s): PRESIDENT ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee El Trustee ❑ Guardian or Conservator Vlells '- - ❑ WLet- Guardian or Conservator • ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: BD -1133 09/00 Signer Is Representing: TRAVELERS CASUALTY AND SURETY COIVIPA Y OF ALNfERICA TRAVELERS CASU.kL.TY AND SURETY COIVIPAiYY FARINIINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COINIPA.t'(Y OF AMERICA, TRAVELERS CASUALTY AND SURETY COLNEPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Carol Dunn, Paul F. Bystrowski, Randal] L. Jorgensen, Joseph H. Weber, Mary E A McLaughlin, John E. Murphy, David K Murphy, J. Wolohan, of Sacramento, California, their true and lawful Attorney(s)-in- Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sale signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attarney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in hill force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to ac[ for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Direi:tors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COttiIPA.NY and FARMINGTON CASUALTY COitiIPA.NY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the semi of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for Purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9:04) PAYMENT BOND - PUBLIC WORK SECTIONS 3247 - 3252, CIVIL CODE (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 104598765 PREMIUM: INCLUDED IN PERFORMANCE BOND THAT WHEREAS, CITY OF SAN RAFAEL, has awarded as Contractor, CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC., 9390 ELDER CREEK ROAD, SACRAMENTO, CALIFORNIA 95829, a contract for the work described as follows: SLURRY SEAL 2004/2005 PROJECT NUMBER: 11054 AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law. We the undersigned Contractor and Surety are held and firmly bound unto the CITY OF SAN RAFAEL in the amount required. NOW, THEREFORE by law, the sum of NINETY FIVE THOUSAND SIX HUNDRED NINETY EIGHT AND .24/100 DOLLARS -($95,698.24) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 26TH day of SEPTEMBER 2005. CALIFORNI VEMENT MAI TE E COMPANY, INC. OORDON iL RAYN PRESIDENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By ; ;,/ Joseph H. Weber, Attorney -In -Fact S -2061-B (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SACRAMENTO On SEPTEMBER 26 ,2005 before me, M.McLaughlin - Notar( Public ----------- ------------- _------_--------._------_ Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JOSEPH H. WEBER, ATTORNEY-IN-FACT ------------------------- --------------------------------- Name(s) TTORNEY-IN-FACT----------------------------------------------------------- Name(s) of Signer(s) ❑ personally known to me -OR- ® proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/shefthcy- executed the same in his/heOtheft -authorized capacity(*s), and that by his/herAi-tc r signature(* on the instrument the person(s), or the entity upon _ ..... _ . ,.. . behalf of which the personO acted, executed the instrument. I M. MCLAUGHLIN CLiv, COMM. #1470349 Notary Public-Cal'domiaSACRAMENTO COUNTY y Comm. Exp. Feb; 14, 2008 WIT SS my hand andel official seal. ignature �.f Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ® Individual ® Corporate Officer ® Titles(s): PRESIDENT ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09/00 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact . , , ... , ❑ Trustee • ❑ Guardian or Conservator Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: { t TRAVELERS CASUALTY AND SURETY CONIPANY OF iOfERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-LN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY CONIPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY CONIPAIYY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Carol Dunn, Paul F. Bystrowski, Randall L. Jorgensen, Joseph H. Weber, Mary E A McLaughlin, John E. Murphy, David K Murphy, J. Wolohan, of Sacramento, California, their true and lawful Attorney(s)-in- Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's naive and seat with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hum or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COiVIpANY OF A.tvIERICA, TRAVELERS CASUALTY A.ND SURETY COINIPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and anv such power so executed and certified by such facsimile signature and facsimile seal shall be valid and bolding upon the Company in the future with respect to any bond or undertaking to which it is attached. luapisa-ld aain JoivaS ZIJennyos 1a1ad .q 18 army - �,4'S. ?y r• 9�L eO S 6I ci 'Cdo�kloittiblI 6. so OZ` gHUNHzaHs jo ,Cep H19Z scut paisQ •lnocloauuoO to a1g1S `PjoA'EH.Io ,�4t0 oql ut `,Suedcuo0 aql Io aogo auioH aql is pa[saS pus paugtS •aolol ut ,trop axE `,SluoglnV jo aleocgma0 aql ut gliol las ss 'scoloaccQ jo spleog agl jo suotln[osa21 2urPuMS mp lsgl `aiouuaglmj pus `pa,[o,tas uaaq lou ssq pus aolol [[nI ut suluw;)l ,Quoglnv Io aleogMa0 pue ,Sacuouv 10 mmod pagoLme pus fto2aml aql Imp �C 2�a1s* 2lIagl jo suopuiodioo 3{ools `.kLW Ul[OJ A.LrIV[ISVD A[O.LOAQjVHvd Pus Avvcn%[OJ A.Ld2ifis (11W A.L'IVIISVD SluahalkvldL `vDfua iv do AA[vcII,1[oo A.LMIIS -(I1 Y ,kLII`v'[ISVD SHaIaAVHL }o luapisa.id a:)ti1 lotuaS `p atsiopun aul 'I H.LVOIzu.LId9D llnea.jla1, •O apeW o!Ignd tieloN 9o0Z 'o£ aunp sajldxa uolsslwwoo AA G*�Ci }oalagl suo1ln[0s0-d A'IutpuelS ails mpun ao�go laq/stu Io Sluoglns ,Sq suorlelodiaoo p }o Ilsgaq uo waumrlsut ptss aql palnoaxa aqs/oq lsgl pus 'sleas aieiodloo Bons ale ivacuculsut pies agl of poxtge sleas agl legs `suotlelodloo ptss Io sleas 2111 sAAou:[ at[s/ag lsgl `luaumrlsut o,,.oge aql palnoaxa gotg,tt pus u► paquosap suotle.codloo agl `AA[vdZ1[OJ .IL L'IVIISVD A[O.LOLNQZ1[2Pvd Pus AxvcMO3 AIHHaS a.Lw .I LgvflsvO Sm3'Ia,1v2I.L `vJRIdb1[v do ANWRO0 kja-HaS QLw ,i.L'IVaSV3 S2Ia'IajkVH L 10 luaptsa.id 331A .iotuaS sI aqs/aq leap :,Ses pus asodap ptp 'ulo,tits . 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The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9/04)