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HomeMy WebLinkAboutCC Resolution 10468 (Fire Station 1 Ductwork & Roof Replacement)RESOLUTION NO. 10468 RESOLUTION OF AWARD OF CONTRACT FOR FIRE STATION ONE DUCTWORK AND ROOF REPLACEMENT TO KRAMA, INC. IN THE AMOUNT OF $54,300.00 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, City Consultants began design work on the above-mentioned project in February 1999: and WHEREAS, on the 28"' day of May, 1999, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more 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: "FIRE STATION ONE DUCTWORK AND ROOF REPLACEMENT" PROJECT NO. 001-4427-482-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Krama, Inc., at the lump sum price 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 Krama, Inc., and the same is hereby accepted at said lump sum price and that ORIGINAL \o 6% the contract for said work improvements be and the same is hereby awarded to said Krama, Inc., at the lump sum price 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 Krama, Inc. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works 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 19" day of July, 1999, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEANNE�ONCINI,City Clerk -2- O U_ d 0 c C) C Q O a) cn NN LL C (u CO O L a F e� cc 0 zLn cn CA 0 0 0 0 = g o 7 F 0 c oNo n c C F p � O j Q W F o ccn W < .n Q UUJ yj O o O 0 O 0 c 0° OF E o o rn `o o C4 z U F Q> U U n O oN cn F u ❑ 4� N V7 0] Z O O O O O O O O c Nci M `' F Z O C rq rn 7 O U 0 0 0 U o U E z U o rn � a o 0 o 0 0 0 o w10 7 Ci U F LU U rOi or 0 ll n o n 1 a c M `O n 0 0 0 0 7 O 7 7 tr, CD u n F � E W w u9rio z U v o c !} — — LL) G O r F cc 0 zLn cn CA 0 c = g o 00 c oNo ❑ p � ? G r C u W F o ccn W < O " Gl + F ? o o E 'm Z en o a F Q> Z y cn F u ❑ � n F 0] Z 07 Q _ c Nci M `' F Z City of San Rafael ♦ California Form of Contract Agreement for Fire Station One Ductwork and Roof Replacement This Agreement is made and entered into this 19th day of July 1999 by and between the City of San Rafael (hereinafter called City) and Krama, Incorporated (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: Fire Station One Ductwork and Roof Replacement , 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 fourtv five 1451 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500. for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 ITEM UNIT EST UNIT ITEM NO. ITEM I QTY PRICE, $ TOTAL, $ L 1 Demolition LS 1 3,630.00 3,630.00 2 Installation of Ductwork LS 1 43,870.00 43,870.00 and Roof TOTAL BASE BID 47,500.00 3 Bid Alternate One - New AC Unit L.S. 1 6,800.00 6,800.00 BASE BID + ALTERNATE 54,300.00 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. 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. 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: ,�eanne M. Leoncini City Clerk APP D M: �w Gary T. R ianti City Attorne File No. 06.01.132 CITY OF SAN RAFAEL: 11beh oro Mayor CONTRACTOR: �J for AGREEMENT • 3 J%Amwest PERFORMANCE BOND PAGE ONE OF TWO PAGES BOND NO: 107000045 PREMIUM: $1,358.00 Premium based on final contract price. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Krama, Inc. 60016th Street, Suite 208 Oakland, CA 94612 OWNER (Name and Address): City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 425 California Street, Suite 350 San Francisco, CA 94104 CONSTRUCTION CONTRACT Premium based on final contract amount Date: Julv 19th . 1999 Contract Number: 001-4427-482-8000 Amount: Fifty Four Thousand Three Hundred & 00/100 Dollars ( $54,300.00 ). Description (Name and Location): Fire Station One Ductwork and Roof Replacement BOND Amount: Fifty Four Thousand Three Hundred & 00/100 Dollars ( $54,300.00 ) Signed, sealed and dated this day of July 19th ,1999 �NS(j ' .." POA ,92,'/ Krama, Inc. �- \ / Principal Name By. Y Q, G `- co- DECK alb_ Signature tsss p = �9RAs� AMWEST SURETY SURANCE COMPANY ,,•,,,,�„e.,,�,,,„ By:Yy Signature ?on J. Daley Attorney -in -Fact BF -A3001 (4/99) (SEE NEXT PAGE FOR TERMS AND CONDITIONS) BOND NO: 107000045 PAGE TWO OF TWO PAGES 1. The Contractor and the Surety, jointly and seve 1, bind themselves, their heirs, executors, administratorb, .,iccessors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. After the Owner has declared Contractor in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reasonable investigation as to whether or not the Contractors default has actually occurred, the Surety may at its own option elect one or more of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and as soon as practicable after the amount determined, tender payment therefore to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; and 6.2 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted no later than six months after Contractor Default or no later than six months after the Contractor working or no later than six months after the Surety refused or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed Incorporated herein. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, or reduced by all valid and proper payments made or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms hereof. BF -A3001 (4199) /^.= Amwest PAYMENT BOND PAGE ONE OF TWO PAGES BOND NO: 107000045 PREMIUM: Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Krama, Inc. 60016th Street, Suite 208 Oakland, CA 94612 OWNER (Name and Address): City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 425 California Street, Suite 350 San Francisco, CA 94104 CONSTRUCTION CONTRACT Final premium based on final contract amount Date: July 19th, 1999 Contract Number: 0014427482-8000 Amount: Fifty Four Thousand Three Hundred & 00/100 Dollars ( $54,300.00 Description (Name and Location): Fire Station One Ductwork and Roof Replacement BOND Amount: Fifty Four Thousand Three Hundred & 00/100 Signed, sealed and dated this day of 1N...... Q:o �..0; DEC.14, n r- 1995 =O aa0 July 19th 1999 Dollars ( $54,300.00 Krama, Inc. /_ (�_ \ / Principal Name By: \Y/ Signature MW AEST SURETY SURANCV, COMPANY By: .Q� �lgnalure .ZDaley Attorney -in -Fact BF -A3002 (3/99) (SEE NEXT PAGE FOR TERMS AND CONDITIONS) BOND NO: 107000045 PAGE TWO OF TWO PAGES 1. The Contractor and the Surety, jointly and se, Ay, bind themselves, their heirs, executors, administrator, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands, liens or suits and tendered defense, claims, demands, liens or suits to the Contractor and the Surety and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claims stating, with substantial accuracy, the amount claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy clams, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of six months from the date (1) on which the claimant gave the notice required by Paragraph 4.1 or Clause 42.3 or (2) an which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An Individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. BF -A3002 (3/99) A m we st Amwest Surety Insurance Company State of CALIFORNIA County of SAN FRANCISCO On 7-19-99 . before me, Notary Public, personally appeared SUSANNA K.P. TRUONG JOHN J_ DALEY NOTARY ACKNOWLEDGMENT (here insert name) 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 all 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. WITNESS my hand and official seal. SUSANNA K. P. TRI ro COMM. #1077508 00 ( ° NOTA11Y FUBLIC-CALIFORNIA o S14,,17 a SAN FRANCISCO COUNTY Signature / t"' (Seal) {rAµ My Comm. Expires Nov. 12, 1999 a • r r r r q r r r r ■ r ■ CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S) OR ENTrTY(IES) INDIVIDUAL(S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR r_ CORPORATE ATTORNEY IN FACT ❑ OTHER OFFICERS ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ATTENTION NOTARY: Although the informatjon regypsted below is OPTIONAL, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: !!/=' UN -A9016 (Rev. 6/94)11 Document Title or Type: Number of Pages: Signer(s) other than named above: Document Date: LIMIT""D POWER OF AT-ORNEY Amwest Surety Insurance Company Far West Insurance Company POWERNUMBER 0000994469 This document is printed on white paper containing the artificial watermarked logo (6* ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (415) 362-1188 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: John J. Daley Joyce A. Tahira Lillian G. White Wesley Hong Carolyne S. Emery Martha K. Weissbaum As Employees of Amwest Surety Insurance Co its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to $25,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska 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 of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. 107000045 Signed & sealed this 19T day ofJTIj,Y 7 qqq / Karen G. Cohen, Secretary *`**'***`******** RESOLUTIONS OFTHE BOARD OFDIRECTORS ********************** * * * ** This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-jn-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25's dayof.,Seyptefmber, 19 State of California �� John E. Savage, President / Karen G. Cohen, Secretary County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, 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 all 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. WITNESS my a d and official seal. PEGGYL U)FMN tNS.Q9 ,� 5U'RA4; Contnll■iot,*lObm6i Z 4. .%.N P O P O `' Signature Wow P{OC — Caltnia Q :Ci Rq ..2C=.; OR RyT..F':; 8m _SZrt-' P� (Seal) L= w G regsy U. w ury wniK '�.i 0". O's ��:o`_ Cotte DEC.14. ° i � : s W ! — DEC 14 ° ; O = MV Comm. EtcpkN AtJQ 6.199 �`; Z 1995 a !0; 7>e 1995 '� " "' 00 .* 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 -�C'ORP. CERTIFIQ� OF LIABILITY INSUn DATE (MM/DD/YY) .'E .ANCE 06/28/99 PRODUCER FARMERS INSURANCE GROUP I PERSONAL & ADV INJURY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 471 FULTON STREET I GENERAL AGGREGATE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE _ GEN L AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SAN FRANCISCO, CA 94102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) INSURERS AFFORDING COVERAGE INSURED Krama, Inc. INSURER Western Specialty Insurance Company 600 16th Street, Suite 208 INSURER B: State Compensation Fund Oaklnad, CA 94612 INSURER C: (Per person) INSURER D: I $ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY RATION DATE !MM/ IJ IYYI DATE (WDD/YY1 LIMITS X GENERAL LIABILITY WGL 600221 06/01/99 02/01/00 EACH OCCURRENCE $ 1000000 COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire) $ 50000 CLAIMS MADE a OCCUR I MED EXP (Any one person) $ 5000 I PERSONAL & ADV INJURY $ 1000000 _ I GENERAL AGGREGATE $ 1000000 _ GEN L AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGO $ 1000000 POLICY n PES F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY I $ NON -OWNED AUTOS (Per accident) —I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY $ AGO $ EXCESS LIABILITY EACH OCCURRENCE $ IOCCUR FICLAIMS MADE AGGREGATE $ S DEDUCTIBLE I $ RETENTION $ $ B WORKERS COMPENSATION AND 1537831 06/28/99 02/12/00 TH- X I ORYLIMITS I IO R EMPLOYERS' LIABILITY E L. EACH ACCIDENT $ 1000000 E L DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EICCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS FIRE STATION ONE DUCTWORK AND ROOF REPLACEMENT PROJECT NO. 001-4427-482-8000 CERTIFICATE HOLDER IR I ADDITIONAL INSURED; INSURER LETTER: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS ITS OFFICERS, AGENTS AND EMPLOYEES P.O. BOR 151560 SAN RAFAEL, CA 94915-1560 I ACORD 25-S (7/97) CANCELLATION SHOP "LB hN*GF-T'HE.'.8u.'L,– BAi'a 30 DAYS WRITTEN JI(1LCb7Bi}FE-ecnY�r�c.a c „uwcn nNm�� iu �nc Lcri, o.., ,.uc..nc-T-C=SO SHALL , IMS oe nv �n�w..,, .,. .r.-E1A01�1#6FU11Pf iHNBtj/PBNinc irvauncn, na AGEMI;Z OR AUTHORIZED REPRESENTATIVE Greg Gu Vic ©4 CORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) MUU-Uu-uu r n l U7 - i e rill 1113unm1YVll acn v l uca r r1A IYU. 0474 1 UC 1 LU 1 . UL/ U4 POLICY NUMBER WGL 600221 COMMERCIAL GENERA 1, LIA1111.1 fY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARF,F1 LLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRikCTORS (FORM B) This endorsement modifies insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE TOR I. This endorsement clmnges the policy effective on the inception date of the policy unless another date is indical;:d below. Endurscu"t effective Named Insured 7/22/99 Krama Jnc NAME OF PERSON OR ORGANIMION: Western Specialty Insurance Company Countersigned by (Authorized Representative) SCHEDULE City of San Rafael Department of Public Works, Its officers, agents and employees PO Box 151560 San Rafael, CA. 94915-1560 WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CO 2010 10 93 Copyright, Insurance Services Office, Inc., 1992 PAGE 1 OF 1 .. .. . .... . .... (949)470-2111 F .. (949)470-2126 ;uperior Access Insurance Services Inc 3 Whatney St.. 2nd Floor 08/06/1999 NN I nib urK I iri6A I - r -- I . o laoU=U A* A MAI I r -K Ur iwrUnfflA I ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92618-2924 COMPANIES AFFORDING COVERAGE .............. .. ................................................................... COMPANY Ve's't'e'r'n'­�p'e'ciaity -insurance Attn:Ext: A I—- ............ ......... ..................... ........................ ............................ ......... .......................... ­. . . . . .............................. . . ........... .. 'EMED ..... ............ - 'SEC Krama Inc COMPANY 600 16th Street, Suite 208 ............... . ... ­­­ ...................... ....................... ......... ... ...... AUG Oakland, CA. 94612 C ................ .................................... pUEILIC'W(3� S'OIEPT: ......... . COMPANY CITY OF SAN RAFAEL D . ..... .. . . ......... ...... ..................... .............. ...... .. . .............. .......... ... ......... .... ........ .. ........... . ... . .......... . . 0"""N Rl ---- --- zv'k`a.IS TQ THAT THE POLICIES OF INSURANCE—WiYED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTMTHSTANDINGANY 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLNMS4 ......... ...... ........................................................................... ...... ­ ................... ­ ............. ...... ­ ............"""""".............-»-... Co TYPE OF INSURANCE POLICY NUMBER LTR . ...... ­­ POLICY EFFecTivE PoLicy EKPiRATm LIMITS DATE IMINDONY) DATE (MWrIDNY) GENERALLIABILITY GENERAL AGGREGATE 5 1,000.000 .......... X COMMERCIAL GENERAL LIABILITY E F PRODUCTS - COMPIOP AGG S 1.000,000 CLAIMS MADE X OCCUR: ................. I .................. ................. ­ ....... : PERSONAL& ADV INJURY 1,000 .000 i A ...... WGL 6DO221 02101/1999 ❑02/01/ZDOO ......... I., ....................... X OWNER'S & CONTRACTORS, PROT EACH OCCURRENCE 11000.000 ............ . ................... ...................... ­­­ .............. FIRE DAMAGE (Arty om Are) S ...... 50."000 ............... LIED EXP (Any one person} :5 5.000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HI REO AUTOS NON -OWNED AUTOS ............. LLML1TY ANYAUM ........ .. ­ ........ ­­­ .................... EXCESS LiABIL[rY UMBRELLA FO RM OTHER THAN U M BRF LLA FORM WORKERS COMPENSATION AN D EMPLOYERS' LIABILITY THE PROPRIETOR1 PARTNERSIEXECUTrVE OFFICERS ARE: EXCL: OTHER COMBINED SINGLE LIMIT ........................................ . ............. ............... BODILY INJURY $ ow perms] - - ... .............. --1 ............................ ............. BOC ILY 1 NJ U F1Y (Peraccident) PROPERTY DAMAGE .5 ALITO ONLY - EA ACCIDENT I OTHER OTHER THAN AUTC ............................ EACH AMDENT 3 .............................................. AGGREGATE 9 EACH OCCURRENCE i AGGREGATE ............... .............. .............. .......... .......... ..... ............. 1 TORY LIMITS EL EACH ACCIDENT III. DISEASE -POLICY LIMIT S ................................ -11. ....................... .......................... EL DISEASE - EA EMPLOYEE . S DESCRIPTION OF OPERATIONSILOCA'nONSfVEHICLESISPECIAL ITEMS :ertificate holder, its officers, agents and employees to be named as additional insured. :ire Station One Ductwork and Roof Replacement. ................. . ............ . ...... ... ................ ..... ..... wn ............. : -- --------------- - . ...... ......... .................. .... . ...... .............................................. .... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMRATION DATE THEREOF, THE ISSUING COMPANY WI LL EN DFAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT. City of San Rafael PO BUT FAILURE TO MAJ L 5 U C H N OTIC E SHALL I MPO BE NO OB U GATIO N 0 R LIABJ UT'Y Department Box 151560 of Public Works OF ANY KIND UPON THE COMPANY. rrS AGENTS OR REPRESENTATIVES. San Rafael, CA 94915-1560 AUTHMUZED REPRESENTATIVE Richard SWGY/DJB AQRI .............. ... ...... . . elm OR. ......... . .. . . .. .... ......... . . . ..... .. .. ..... ..... .. ............ ....... . .. ... .. ... .......... ... . ...... ................. ........... ...... ..... . .... . .. . .... .... ........... .................................... .. .. . . POLICY NUMBER WGL 600221 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 7/22/99 Western Specialty Insurance Company Named Insured Countersigned by Krama Inc (Authorized Representative) SCHEDULE NAME OF PERSON OR ORGANIZATION: City of San Rafael Department of Public Works, Its officers, agents and employees PO Box 151560 San Rafael, CA. 94915-1560 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 arising out of your ongoing operations performed for that insured. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 PAGE 1 OF 1