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Home My WebLink AboutPW LED Street Light Retrofit ProjectAgenda Item No: 3. c Meeting Date: March 4, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works _9 Prepared by: --)Alg4 City Manager Approval:/'/ Public Works Director (JS) File No.: 18,01.74 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE LED STREET LIGHT RETROFIT PROJECT, CITY PROJECT NO. 11210, TO SIEMENS INDUSTRY INC. IN THE AMOUNT OF $179,409.00 AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO MAXIMIZE THE LOAN AMOUNT BY INCREASING THE NUMBER OF FIXTURES INSTALLED. Staff recommends that the City Council adopt the resolution awarding the contract to Siemens Industry Inc. in the amount of $179,409.00. BACKGROUND: The City of San Rafael currently maintains and operates over 4,400 high pressure sodium (LIPS) street lights ranging in energy use from 70W to 40OW per location. By converting these streets lights to Light Emitting Diode (LED), which uses approximately half the wattage of HPS street lights, the City will greatly reduce its energy consumption while at the same time maintaining existing light levels. This project, which is in accordance with the City's Climate Action Change Plan, proposes to replace 385 HPS street lights with LED street lights on the following roadway segments: • Pt. San Pedro Road between Mooring Road and Biscayne Drive • Second Street between Fourth Street and Third Street • Third Street between Second Street and Mooring Road • Fourth Street between San Anselmo Town Border and Second Street • Irwin Street between Mission Avenue and Second Street • Hetherton Street between Mission Avenue and Second Street • Andersen Drive between Sir Francis Drake Boulevard and A Street • Smith Ranch Road between Cresta Drive and Silviera Parkway On January 22, 2013, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal Code and policies on January 25, 2013, and scaled bids were publicly opened and read aloud on February 21, 2013 at 10:00 AM. The engineer's estimate was $265,000. The following five bids were received: FOR CITY CLERK ONLY File No.: Council Meeting: 4410, 1 Disposition: )?j—;f--,5e>/— oiIcOAJ SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 NAME OF BIDDER AMOUNT Siemens Industry Inc. $179,409.00 Steiny and Company Inc. $233,316.00 WBE $254,842.00 Mike Brown Electric $268,013.00 Columbia Electric $286,134.00 ANALYSIS: The low bid from Siemens Industry Inc. in the amount of $179,409.00 falls within the allocated project budget. FISCAL IMPACT: This project is supported by the following revenue sources: [11IM09011 Source Amount Note(s) PG&E Zero Percent Interested Loan (approximate maximum) $240,000.00 To be paid back over a 10 year period utilizing energy cost savings Energy Efficiency Rebates (approximate) $47,500.00 $633.04 Total Available Funds $287,500.00 Public Works Staff designed and developed the bid package for this project. To date, a total of $663.04 has been charged to this project, excluding staff costs, for printing services. The remaining project expenses include the construction to be performed by Siemens Industry Inc. and a recommended contingency of approximately 15% for construction resulting in a total construction cost of $206,366.96 and a total project cost of $207,000.00. The City is currently seeking additional lighting fixtures to include in the LED Street Lighting Retrofit Project. The following table summarizes the costs which are associated with this project: EXPENSES Catego-Eden Expense Code Amount Notes'` Already Charged Expenses Supplies & Services -07 $663.04 Reproduction of Plans and Specifications Already Charged Expenses Subtotal $633.04 Remaining Expenses Construction -02 $179,409.00 Bid Contract Amount $26,957.96 Contingency Remainin Ex enses Subtotal Total Project Cost $206,366.96 $207,000.00 With the authorized loan amount exceeding the low bid the city has an opportunity to pursue installing additional LED fixtures in order to maximize authorized budget. Pending the Council's and PG&E's approval, the Public Works Director will open discussions with the low bidder to increase the number of fixtures installed in order to maximize the energy efficiency loan amount for the City. OPTIONS: The Council may choose not to award the contract and direct staff to rebid the project. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 ACTION REQUIRED: Adopt resolution awarding contract to Siemens Industry Inc. in the amount of $179,409.00. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 13505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE LED STREET LIGHT RETROFIT PROJECT, CITY PROJECT NO. 11210, TO SIEMENS INDUSTRY INC. IN THE AMOUNT OF $179,409.00 AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO MAXIMIZE THE LOAN AMOUNT BY INCREASING THE NUMBER OF FIXTURES INSTALLED. WHEREAS, on the 21" day of February, 2013, 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: "LED STREET LIGHT RETROFIT PROJECT" City Project No. 11210 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Siemens Industry 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Siemens Industry Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Siemens Industry Inc. 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 Siemens Industry Inc. 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 4`h day of March, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IC -1 4e'llelu ESTHER C. BEIRNE, City Clerk File No.: 18.01.74 City of San Rafael ♦ California Form of Contract Agreement for LED Street Light Retrofit Project Cites ject No. 11210 This Agreement is made and entered into this 4th day of March, 2013 by and between the City of San Rafael (hereinafter called City) and Siemens Industry Inc. (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 described in the specifications for the project entitled: LED Street Light Retrofit Project, City Project No. 11210, 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 Contracotr under this contract shall be primary and excess of 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) "Notice to Proceed" will signfy the beginning of the 10 -WEEK LEAD PERIOD. However, no field work shall commence until the delivery of the materials. (b) All work shall be completed, including all punchlist work, within THIRTY (30) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 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 covered by the Contract. ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE j PRICE BASE BI} 1 • I 70 Watt HPS Replacement — 20 LED 22 EA $318.00 $6,996.00 Array at 37 Watts (Approximately) 100 Watt HPS Replacement — 30 LED I � Array at 54 Watts {approximately) ( 86 EA � [ $318.00 $27,348.00 3' 150 Watt HPS Replacement — 50 LED Array 90 Watts EA $389.00 $i, 780.00 j at (Approximately) E0 200 Wa�HPSReplacement — 60 LED i EA $437.00 $51,129.00 Array aatts (Approximately) im ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID (CONTINUED) 5 250 Watt HPS Replacement — 80 LED Array at 139 Watts (Approximately) 94 EA $566.00 $53,204.00 6 400 Watt HPS Replacement —120 LED Array at 210 Watts (Approximately) 46 EA $692.00 $31,832.00 7. Install Street Light Shield 10 EA $1,120.00 GRAND TOTAL $179,409.00 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) 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 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 Contractor, 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. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% 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 hens; (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 stilt 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. im 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: Rob Epstein City Attorney File No.: 18.01.74 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director CONTRACTOR: For: Siemendustry I "t l d Page 3 MAYOR CITY OF SAN RAFAEL Gary o. Phillips (Department o. f VICE MAYOR 13 Barbara Heller COUNCIL MEMBERS Public Works Kate Colin Damon Connolly Andrew Cuyugan McCullough INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City, carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $500,000 per person and $1,000,000 for one occurrence. Property Damage: Not less than $500,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City and County, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, LED Street Lighting Retrofit Project between the City of San Rafael and Siemens Industry Inc. for the work and the improvements described therein." The contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS 111 Morphew Street SAN RAFAEL, CA 94901 ME '�CERTIFICATE OF LIABILITY INSURANCE °A�(/2013 "YY"' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4311212013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER MARSH USA, INC. CONTACT NAME.__-------- __--- 445 SOUTH STREET PHONE C o {AIC,----- MORRISTOWN, NJ 07960-6454 1,000,000 ADDDRDRESS: _ 7,500000 �ISURER(S} AFFORDING COVERAGE I NAIC # 100123-REPUB-12(13 _ RE31G REYNO NOC60 — - INSURER A: HOI-Ged ng Arrienca Insurance Company 141343 INSURED - Li Mutual Fire Ins Co 23035 INSURER e : Y SIEMENS INDUSTRY, INC. SIEMENS INTELLIGENT --------- -�- - uaSURER C : Insurance Carpora6an --- 133600 TRANSPORTATION SERVICES INSURER D : --- 1000 DEERFIELD PARKWAY ------- --- BUFFALO GROVE, IL 600894513 INSURER E: BODILY INJURY (Per accident) $ INSURER F : iKo1y1AC7lLei -49NCI1+T_rd:x1111iTT3 r •, x r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - -- !NSR;ADDLADDL LTR TYPE OF INSURANCE JINSR 1 WVQ POLICY NUMBERMMI s POUGYEFF G EXP ! - i MWDDIYYYYI I LIMITS A ERAL LIABILITY GLD1110104 1010112012 10!01!2013 EACH oceuRRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY f i CLAIMS MADE X j OCCUR DAMAGE T RENTS PREMIS ES Ea occurrence} ' $ MED EXP (Any one person) $ 1,000,000 100:000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 7,500000 GEN"L AGGREGATE LIMIT APPLIES PER; ( I PRO- ,--- I I t PRODUCTS - COMPtOP AGG $ INCL. ` ^ POLICY I I JECT LOC I i i $ B AUTOMOBILE LIAettrrY AS2631004334212 10t0112012 -1010112013COMBINED SINGLE LIMIT 2,000,000 G X ; ANY AUTO ? 3 i BODILY INJURY (Per person) $ NIA ALL OWNEDSCHEDULED- i j BODILY INJURY (Per accident) $ N/A AUTOS AUTOS 4 X; X NON -OWNED I I :HIRED AUTOS -i AUTOS { ; 1 j PROPERTY DAMAGE �- I Per accident} ? $ _ N/A JUMBRELLA LiABi OCCUR j i ; EACH OCCURRENCE $ EXCESS tUlB CLAIMS -MADE ;I AGGREGATE $ - - ! 1 DED r I RETENTION $ $ C WORKERS COMPENSATION # W D004334012 (AOS) 10{0112012 11010102013 X I WC STATU- OTH AND DYERS' UABiLn^t _ YIN WC5631 3 2 (OR, W1) C ANY ECtiTtVE TORY LIMITS ER �- 10101/2012 10/0112013 EL EACH ACCIDENT $ 2,000,00(} OFFICER/MEMBER EXCLUDED? N I N 1A! (Mandatory in NH) -` t E.L. DISEASE- EA EPAPLOYEE $ 2,000,00 yes, describe under DESCRIPTION DESCRIPTION OF OPERATIONS below ; I - i EL DISEASE - POLICY LIMIT � $ 2,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES eh ACORD 101, Addiflonal Pentarks Schedide, if more space is required) RE: LED STREET LIGHT RETROFIT PROJECT (PROJECT NO. 11210) SEE ATTACHED CITY OF SAN RAFAEL 111 MORPHEW STREET SAN RAFA.EL, CA 94971 LFII 10VI.-41I.I1ll • i • ®• i i •• i •' M !+ • • i i i AGENCY CUSTOMER ID: 100129 LOC III: Morristown Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. SIEMENS INTELLIGENT TRANSPORTATION SERVICES POLICY NUMBER 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 4513 CARRIER NAtC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: LED STREET LIGHT RETROFIT PROJECT (PROJECT NO. 11210) CITY OF SAN RAFAEL AND COUNTY OF MARIN, ITS OFFICERS, AGENTS AND EMPLOYEES. ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POUCY. $1.000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE LANCE€ I ED FOR ANY REASON OTHER THAN PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. I M IIII frel ;1 0,141 Ney-11,TJ Policy Number Named Insured GLD1 1101 -04 SIEMENS CORPORATIO1 Policy Period: Inception (M -D -Y) Expiration (M -D -Y) Effective Date and Time of Endorsement 10-01-12 10-01-13 10-01-12 12--01 am. Standard Time at Address of the Insured. Ili ii Will illill !!I 111111111 11 i IIIII !IT1111 !I!! Ill, 17, , Le a • a 0 1 0 .111112WIN4 III only to the extent required within the written agreement. 03. 0 are required to provide in the written agreement. and we will not share with that other insurance. -Mor,77-men enuormseMmerl maj Wily TtTt-G"TRrTRrj Tmess-nerxllrea otherwise in the written agreemerd- MFEJUM THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 I C :&*i lei Z F-1114 1112 1 Z MITS0491 rRIMMAT-T-MMMUT-MIM•-• , With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unle modified by this endorsemenl. i oi- .01 0 -• •- I- " 10 *1 -0 l r4 tell E-3 Lola &#Is I AgRalelugg v p L,�Zae I I a a � 0 at gags Lip M;r-421 E-7111IMer-11"Al M Ir -11 E:JMI�L4k of;-SMIAMIetz - L gLyle - 0 0 as Name of Person(s) or SEE ATrACHED SCHEDULE 'firganization(s): ANY PERSON OR ORGANqZATION REQUIRED BY WRFrIEN CONTRACT Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Policy No- 2-631- 04-334--212 Issued By: llbtrw Mutu2i F—re insurance Company Effective Date: 10f01/2012 Expiration Dale: 10/0V2013 Sales Office: NEW YORK, NY 0202 Endt Serial No: TBD THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Bond NO. 82326324 / 9117626 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Siemens Industry, Inc. 1266 North La Loma Circle Anaheim, CA 92806 OWNER (Name and Address): City of San Rafael 111 Morphew Street San Rafael, CA 94915 SURETY (Name and Principal Place of Business): Federal Insurance Company / Fidelity and Deposit Company of Maryland CONSTRUCTION CONTRACT Date: March 4, 2013 Amount: ($179,409.00 One Hundred Seventy Nine Thousand Four Hundred Nine Dollars and 00/100 Description (Name and Location): LED Street Light Retrofit Project No. 11210 BOND Date (Not earlier than Construction Contract Date): March 13, 2013 Amount: ($ 179,409.00 ) One Hundred Seventy Nine Thousand Four Hundred Nine Dollars and 00/100 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Siemens Industry, Inc. Signature: Name an; +e: (Any additional signatures appear on page 3) Pq None SURETY (Corporate Seal) Company: El See Page 3 (Corporate Seal) See Attached Signature Page Signature: Narne and-Tfiffe: Attorney -in -Fact Address: (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): One World Financial Center, 200 Liberty Street New York, NY 10281 212-915-8888 AIA DOCUMENT A3125 PERFORMANCE BOND AND PAYMENT BOND � DECEMBER 1984 ED � AIAS THE AMERICAN' INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W,, WASHINGTON, D.C. 20006 THIRD PRINTING � MARCH 1987 y I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors 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 that 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 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contact itself, through its agents or through independent contractors; or 43 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of 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 the 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: After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. S If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in 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 Contractors 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 shat i not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be grater 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 Price 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; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 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 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 shaft be instituted within two years after Contractor default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a AIA DOCUMENT A312 � PERFORMANCE BOND AND PAYMENT BOND 4 DECEMBER 1954 ED .F, AiA!� THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W_ WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING � MARCH 1987 I 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 the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner the Contractor identified on the signature page, including all Contract Documents and changes thereto. 92.3 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 thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: See Attached Signature Page Signature: Name and Title: Address: AEA DOCUMENT A312 � PERFORMANCE BOND AND PAYMENT BOND 4 DECEMBER 1984 ED. 5 AIA< THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2000)6 THIRD PRINTING 5 MARCH 1987 (Corporate Seal) Attorney -in -Fact A312-1984 3 ATTACHMENT TOBOND NO. 82328324/9117626 avilivill Surety A Federal Insurance Company 15Mountain View Road Warren, NJ 07059 State ofIncorporation: IN Limit of : 50% Surety Fidelity and Deposit Company ofMaryland 1400American Lane Schaumburg, IL 80196 State of MD Limit of Liability: 50% State of : Limit 0FLiability: , , THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 E Bond No.82326324 / 9117626 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Siemens Industry, Inc. 1266 North La Loma Circle Anaheim, CA 92806 OWNER (Name and Address): City of San Rafael 111 Morphew Street San Rafael, CA 94915 SURETY (Name and Principal Place of Business): Federal Insurance Company/ Fidelity and Deposit Company of Maryland CONSTRUCTION CONTRACT Date: March 4, 2013 Amount: ($179,409.00 One Hundred Seventy Nine Thousand Four Hundred Nine Dollars and 00/100 Description (Name and Location): LED Street Light Retrofit Project No. 11210 BOND Date: (Not earlier than Construction Contract Date): March 13, 2013 Amount: ($ 179,409.00 ) One Hundred Seventy Nine Thousand Four Hundred Nine Dollars and 00/100 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Siemens Industry, Inc. Signature: zl- Name and (Any additional signatures appear on page 6) SURETY (Corporate Seal) Company: El See Page 6 See Attached SJignature Page (Corporate Seal) Signat Name Attorney -in -Fact (FOR INFORMATION ONLY -Name, Address and Teitephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): One World Financial Center, 200 Liberty Street New York, NY 10281 212-915-8888 AIA DOCUMENT A312 ' PERFORMANCE BOND AND PAYMENT BOND � DECEMBER 1984 ED � AIA< THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W,, WASHINGTON, D.C. 20006 THIRD PRINTING;: MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, 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 claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment 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 12) of any claims, demands, liens or suits and tendered defense of such 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: 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 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligations shall not exceed the amount of the Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 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 claims, 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 of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or others for contract with the Contractor have given notice to the Surety obligations of the Contractor that are unrelated to the Construction (at the address described in Paragraph 12) and sent a copy, Contract. The Owner shall not be liable for payment of any costs or or notice thereof, to the Owner, stating that a claim is being expenses of any Claimant under this Bond, and shall have under this make under this Bond and, with substantial accuracy, the Bond no obligations to make payments to, give notices on behalf of, amount of the claim. or otherwise have obligations to Claimants under this Bond. 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 claim stating, with substantial accuracy, the amount of the 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; 10 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. 11 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 of part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on 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 the 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address 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. and 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to .3 Not having been paid within the above be performed, any provision in this Bond conflicting with said 30 days, have sent a written notice to statutory or legal requirement shall be deemed deleted herefrom and the Surety (at the address described in provisions conforming to such statutory or other legal requirement Paragraph 12) and sent a copy, or shall be deemed incorporated herein. The intent is that this Bond notice thereof, to the Owner, stating shall be construed as a statutory bond and not as a oot�on iawborrd, that a claim is being made under the Bond and enclosing a copy of the AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. � AIAS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W,, WASHINGTON, D.C. 20006 A312-1984 5 THIRD PRINTING � MARCH 1987 54 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of his Bond or shall permit a copy to be made 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a szubcontractor 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 limitations 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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. 152 Construction Contract: The agreement between the Owner and. the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15_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. Sub paragraph. 4.3 is added as follows: 4.3 Claimant has furnished to Surety'proofof claim duly sworn to by Claimant, along with. adequate supporting documentation winch proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5 1f a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety sball, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Mather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: See Attached Signature Page Signature: Marne and T'id`e: Andress: (Corporate Seal) -in-FactAzforney A1A DOCUMENT A312 � PERFORMANCE BOND AND PAYMENT BOND � DECEMBER 1984 EO. i AIA< THE AMEMCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N -W., WASHINGTON, D.C. 20005 A312-11984 6 THIRD PRINFFING�M., ARCH 1987 TO BOND NO. 82326324/9117626 SURETIES Surety Federal Insurance Company 15 Mountain View Road Warren, NJ 07059 State ofIncorporation: IN Limit of : 50Y6 Surety Fidelity and Deposit Company ofMaryland 14OOAmerican Lane Schaumburg, IL 60106 State ofIncorporation: MD By: Limit ofLiability: 5096 Ste State of : By: Limit of : , , ' ACKNOWLEDGEMENT OF SURETY STATE OF CT COUNTY OF Hartford On this 13th day of March , 2013 , before me personally came Stacy Rivera, to me known, who, by me duly sworn, did depose and say that she is the attorney-in-fact of the Federal Insurance Company & Fidelity and Deposit Company of Maryland , that she knows the seal of the corporation; that the seal affixed to the said instrument is such company seal; that it was so affixed by order of the Board of Directors of said company and that she signed her name thereto by like order.,'1 Notary Public " Julie Perry My Commission Expires' 713112015 POWER Federal Insurance Company Attn: surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 c�-rueB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Stacy Rivera as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, the following Surety Bond: Surety Bond Number :82326324 / 9117626 Obligee :City of San Rafael And the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seat, in pursuance of the authority hereby conferred shalt, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seats on this 20" day ofNovember, 2008. 411!-^ • Kenneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY ss. County of Somerset z. ��_ Richard A. Ciullo, Vice President On this 2e day of November, 2008, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By- taws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Richard A. Clullo, and knows him to be Vice President of said Companies; and that the signature of Richard A. Ciullo, subscribed to said Power of Attorney is in the genuine handwriting of Richard A. Cluno, and was thereto subscribed by authority of said By- Laws and in deponents presence. Notarial Seal WENDtE WAtSH Noraxv _ WAUyPAEG Sufi! of New iersey No. 005450444z4, s 3 N a A Come dWan Wires April 18, 2013 Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. Notary 'Ali powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers: Chairman, 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 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 seat shalt 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 with respect to any bond or undertaking to which it is attached.' 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY {the "Companies"} do hereby certify that (} the foregoing extract of the By- Laws of the Companies is true and correct, irt} the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department: further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and {1111} the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren, NJ this 13th �9Uk;'rityC . ZyOrARaj, �WSu 4{ rn'DIANt`' 11YSt'6XSti�' kEh, dayof March, 2013 Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 943- 3493 Fax (908) 903- 3656 e-mail: surety@ chubb.com Form 1540- 01S4B- SurePath (Rev. 11- 08) CORP CONSENT Formt '15-10-0313A (Rev. 3/12� FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2011 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ..... $ 151,942 Outstanding Losses and Loss Expenses ... _ $ 12,300,432 United States Government, State and Unearned Premiums ..................................... 3,395,082 Municipal Bonds ......................... .... _ .... 10,312,572 Ceded Reinsurance Premiums Payable ....... 320,332 Other Bonds .................................................. 4,146,378 Provision for Reinsurance..... ... ............... 80,930 Stocks ........................................................... 779,367 Other Liabilities ........................ ..... 922,290 Other Invested Assets ...... ............................ 1,924,895 TOTAL I NVESTM ENTS . ......... ............ 17,315,154 TOTAL LIABILITIES ..................... ............. 17,019,066 Investments in Affiliates: Special Surplus Funds ................................ 222,832 Chubb Investment Holdings, Inc . ...... __ ..... 3,212,072 Capital Stock ................................................ 20,980 Pacific Indemnity Company ........................ 2,440,763 Paid -In Surplus... .... ....... ................. 3,106,808 Chubb Insurance Investment Holdings Ltd .... 1,237,556 Unassigned Funds ................. ...... 10,356,926 Executive Risk Indemnity Inc ...................... 1,076,901 CC Canada Holdings Ltd ............. .............. 747,660 Great Northern Insurance Company .......... 436,665 SURPLUS TO POLICYHOLDERS. ... ....... 13,707,546 Chubb Insurance Company of Australia Limited 404,315 Chubb European Investment Holdings SLP.. 251,756 Vigilant Insurance Company ....................... 233,604 Other Aff iliates .................... __ ............. _ .... 409,535 Premiums Receivable ........................ __ ....... 1,470,010 Other Assets .... ...... __ ...... ......... ........ 1,490,621 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ... ____ ....... ......... $ 30,726,612 TOTAL ADMITTED ASSETS 30,726,612 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of $431,309,571 are deposited with government authorities as required by law. State, County & City of New York, — ss: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2011 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2011 Subscribed and sworn to before me this March 31, 2012 DOROTHY M. BAKER —Assistant Secretary Notary Public, State of New York Notary Public No� 31-4904994 Qualified in New York County Commission Expires Sept. 14, 2013 Formt '15-10-0313A (Rev. 3/12� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"). by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Aiza LOPEZ and Elana V. SANCHEZ, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution ot'such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its oft -ice in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2012. ATTEST: L -N ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ..... ...... �Vo. CAL 04 -oz ozs 0'. low Assistant Secretari Vice President Eric, 13. Barnes Thomas O. McClellan State of Maryland City of Baltimore On this 3rd day of December, A.D. 2012, before the subscriber. a Notary Public of the State ofMayland, duly commissioned and qualified. THOMAS O. VICCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument bv the authority and direction of the said Corporations, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. lac joto" Z/ - "iff o, Maria D. Adarriski, Notary Public My Commission Expires: July 8. 201> FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2011 ASSETS Bonds...... ................................................................................................ ... —.— ............................. $ 167,477,539 Stocks......................... ..................................................................................................................... 23,576,974 Cash and Short Tenn Investments ........................................................ .......................................... 235,580 Reinsurance Recoverable .......................................... ................. ............. ................. .................. - 12,886,175 OtherAccounts Receivable .............................................................. ...................... ........................ 39,980,988 TOTAL ADMITTED ASSETS ................................................................. — .......... ......................... $ 244,157,256 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ............................................................... ...................................... $ 127,987 Ceded Reinsurance Premiums Payable .................. .......... .......................... ................................... 48,215,682 Securities Lending Collateral Liability ............................................................................................ 1,022,500 TOTAL LIABILITIES .................................................. . .. .............. .............................................. $ 49,366,169 Capital Stock, Paid Up .............. ................. ....................................... ............... $ 5,000,000 Surplus........... ....................... ...................................................................... 189,791,087 Surplus as regards Policyholders .... .... -- .............. .................... ....................... .......................... — 194,791,087 TOTAL....................................................................................................................................... $ 244,157,256 Securities carried at $59,049,993 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2011 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $253,778,028 and surplus as regards policyholders $204,411,859. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2011. State of Illinois City of Schaumburg I SS: Subscribed and sworn to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 15th day of March, 2012. MM OFFICIAL FFIC,Al S E AL 0 Aolary Public AFiRYL J')IN,ER Notary Public State at Illinois y Commis,io, EXpuVay 3, 20N CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3®c DATE OF MEETING: 03/04/2013 DEPARTMENT: PUBLIC WORKS DATE: 2/25/2013 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE LED STREET LIGHT RETROFIT PROJECT, CITY PROJECT NO. 11210, TO SIEMENS INDUSTRY INC. IN THE AMOUNT OF $179,409.00 AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO MAXIMIZE THE LOAN AMOUNT BY INCREASING THE NUMBER OF FIXTURES INSTALLED. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: °(t Ln/ 1 City Manager (signature) City Attorney (signature) . i - File No.: 18.01.74 SAN TFO PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND 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 Completion Date Y -Department_ City Attorney Review, revise, and comment on draft 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 Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor or Agreement executed by Council authorized Department Head official. 6, City Clerk City Clerk attestssignatures, retains original agreement and forwards copies to the contracting dpartment. To be completed by Contracting Department: Project Manager: LA'r. L<�-,- 01 Project Name: Zz- Agendized for Citj�(/Kncil 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 $20,000 on a cumulative basis.