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HomeMy WebLinkAboutCC Resolution 13433 (ADA Curb Ramps)RESOLUTION NO. 13433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA -DOJ CURB RAMPS 2012-2013 PROJECT, CITY PROJECT NO. 15006, TO COASTSIDE CONCRETE IN THE AMOUNT OF $189,866.25. WHEREAS, on the 3rd day of October, 2012, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "ADA -DOJ Curb Ramps 2012-2013" City Project No. 15006 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Coastside Concrete at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Coastside Concrete is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Coastside Concrete at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with Coastside Concrete in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. RESOLVED, FURTHER, that the Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5th day of November, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EST HER C. ENE�C�� .Cle.. m it File No.: 16.01.259 IR City of San Rafael ♦ California Form of Contract Agreement for ADA -DOJ Curb Ramvs 2012-2013 Citv Proiect No. 15006 This Agreement is made and entered into this 5th day of November, 2012 by and between the City of San Rafael (hereinafter called City) and Coastside Concrete (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: ADA -DOJ Curb Ramps 2012-2013, City Project No. 15006, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary with respect to any other insurance available to the City. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within TWENTY-FIVE (25) WORKING DAYS and with such extensions of time as are provided for in the General Conditions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,500 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. 1V - 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. ITEMI ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE PRICE BASE BID 1. Signs and Traffic Control 1 LS $7,500.00 $7,500.00 2. Clearing and Grubbing 1 LS $20,000.00 $20,000.00 3. Minor Concrete — Minor Structures a. Type A Curb & Gutter 750 LF $30.00 $22,500.00 b. 6 -inch Thick PCC Driveway 40 SF $10.00 $400.00 c. 4 -inch Thick PCC Sidewalk 1,550 SF $10.00 $15,500.00 Page 1 ITEM NO. I DESCRIPTION BASE BID (CONTINUED) UNIT d. Curb Ramp — Case A PRICE e. Curb Ramp — Case C EA f. Curb Ramp — Modified Case C $2,500.00 g. Type E Catch Basin EA h. Storm Drain Manhole 4. Asphalt Concrete 5. Storm Drain Pipe 6. Roadside Sign and Post 7. Traffic Stripes and Pavement Markings $6,000.00 a. Pavement Markings EA b. Detail 22 Traffic Stripe $6,000.00 c. Paint Curb Red ESTIMATED UNIT TOTAL QUANTITY UNIT PRICE PRICE 1 EA $2,500.00 $2,500.00 13 EA $2,500.00 $32,500.00 2 EA $2,750.00 $5,500.00 5 EA $1,200.00 $6,000.00 2 EA $3,000.00 $6,000.00 150 TON $185.00 $27,750.00 115 LF $125.00 $14,375.00 6 EA $400.00 $2,400.00 925 SF $7.25 50 LF $3.50 265 LF $4.00 SUBTOTAL BASE BID ALTERNATE BID ITEM 2 1 Drainage Improvements at 1002 Del 1 LS $12,500.00 Ganado Road 2 Drainage Improvements at 98 Duran 1 LS $6,500.00 Drive SUBTOTAL ALTERNATE BID ITEMS 1 & 2 GRAND TOTAL V - Progress Payments $6,706.25 $175.00 $1,060.00 $170,866.25 $12,500.00 $6,500.00 $19,000.00 $189,866.25 (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 supportingevidence 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. Page 2 (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 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 liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: Esther C. Beirn _. _........ E .. .. e Nader Mansourian City Clerk Public Works Director APPROVED AS TO FORM: L,� - I lzrc Robert F. Epstein City Attorney File No.: 16.01.259 CONTRACTOR: icor: Coastside Concrete Page 3 AC,OD,, CERTIFICATE OF LIABILITY INSURANCEDATE 11/14/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ARTHUR E . SCHIEFFER SON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 338 Center Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.Box 515 INSURERS AFFORDING COVERAGE Healdsburg CA 95448 - INSURED INSURER A ALLIED INSURANCE COASTSIDE CONCRETE IINSURER BHARTFORD UNDERWRITERS INSURANCE COMPANY 2160 W. HEARN AVE IINSURER INSURER D SANTA ROSA CA 95407— INSURERE 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 AG 3REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE DATE (MMIDD/YYI POLICY EXPIRATION DATE (MM/DD/YYI LIMITS A GENERAL LIABILITY ACP7800992990 12/04/2011 12/04/2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE � OCCUR / / / / I MED EXP (Any one person) $ 5,000 _ I PERSONAL & ADV INJURY $ 1,000,000 IGENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER (PRODUCTS - COMP/OPAGG $ 2,000,000 JECOT I� POLICY LOC B AL TOMOBILE LIABILITY 57UECZN4102 01/15/2012 01/15/2013 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS / / / / BODILY INJURY _ SCHEDULED AUTOS (Per person) $ HIRED AUTOS / / / / BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY. AGG $ A EXCESS LIABILITY ACP7800992990 12/04/2011 12/04/2012 EACH OCCURRENCE $ 4,000,000 X1 OCCUR FICLAIMS MADE I AGGREGATE $ 4,000,000 $ DEDUCTIBLE / / / / I $ RETENTION $ $ B WORKERS LSTM ON AND 57WECW0751 05/01/2012 05/01/2013 XORLTI IEEMPLOYERS''LACOMPENSATION R I TYIIMIS E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY. INCLUDES PRIMARY AND NON—CONTRIBUTORY WORDING. PROJECT: ADA—DOJ CURB RAMPS 2012-2013 — CITY PROJECT #15006 CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS 111 MORPHEW STREET SAN RAFAEL CA 94901- ACORD 25-S (7/97) q INS025S (9910) 01 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ TA IV ELECTRONIC LASER FORMS INC ;800)327-0545 © ACORD CORPORATION 1988 Page 1 of 2 CG70 57 (03-96) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULED Name Of Person Or Organization: CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES Project Name: ADA -DOJ CURB RAMPS 2012-2013, PROJECT #15006 Project Location: SAN RAFAEL, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to acts or omissions of the named insured in connection with the named insured's ongoing operations. As respects coverage provided by this endorsement to the person or organization shown in the schedule, coverage does not apply to "bodily injury" to an "employee" of the named insured. Primary Clause: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance, but only with respects to liability arising out of "your work" for that insured by or for you. Cancellation Clause: It is hereby understood and agreed there will be no cancellation, reduction or modification of coverage without (30) days prior written notice. CG70 57 COMMERCIAL AUTO CA 20 01 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 11-14-2012 Named Insured Countersigned By COASTSIDE CONCRETE (Authorized Representative) SCHEDULE Insurance Company HARTFORD INSURANCE Policy Number 57UECZN4102 Effective Date 1-15-2012 Expiration Date 1-15-2013 Named Insured Address COASTSIDE CONCRETE 2160 W. Hearn Ave, Santa Rosa, CA 95407 Additional Insured (Lessor) CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES Address 111 MORPHEW STREET SAN RAFAEL, CA 94901 Designation or Description of Leased "Autos" PER SCHEDULE ON FILE. Primary Clause: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance, but only with respects to liability arising out of "your work" for that insured by or for you. Cancellation Clause: It is hereby understood and agreed there will be no cancellation, reduction or modification of coverage without (30) days prior written notice. CA 20 01 120 93 (MODIFIED) Includes copyrighted material of Insurance Services Office, Inc., with its permission N r - Ln Ln O 0 0 Ln 0 Ln 0 0 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC VV0751 Endorsement Number: Effective Date: 05/01/12 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MARK AND BRETT SOUSA 2160 W. HEARN AVENUE SANTA ROSA, CA 95407 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Person or Organization X SCHEDULE Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 03/19/12 2 % of the California workers' compensation Job Description ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US Authorized Representative Policy Expiration Date: 05/01/13 HCC f 440 �REMJUM EASED ON 'INAL CONTRACT PRICE I American Contractors Indemnity Company 601 S. Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 Bond No. 1000908368 Premium: $ 4797.00 Public Works — Performance KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CA as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the sum of ONE HUNDRED EIGHTY NINE THOUSAND EIGHT HUNDRED SIXTY SIX DOLLARS 25/100THS Dollars ($ 189,866.25 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated 11/5!2012 with said Obligee to do and perform the following work, to wit: ADA -DOJ CURB RAMPS 2012-2013 - PROJECT NO 15006 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, the construction work under the contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 9TH day of NOVEMBER 2012 Principal By COASTSIDE CONCRETE AMERICAN CONTRACTORS INDEMNITY COMPANY ELIZABETH A JUAREZ /i Atto ern y -in -Fact ■ HCCSZZ209B04'I0 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sacramento On 11-9-2012 before me, JENNIFER L. PETKUS, NOTARY PUBLIC (I lei t, insert mane and title of the officer) personally appeared .Elizabeth A. Juarez who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that #e/she*tey executed the same in his/her/their authorized capacity(ri"), and that by his/her/their signature(&) on the instrument the person(4), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT S official seal Signature of Notar Public U �'� COMM. # 1897652 NOTARY PUBLIC - CALIFORNIA ^' 5ACRAb1ENTO COUNTY 0 +iaow'°""'COMM. EXPIRES JULY 30, 2014 '4 (Votary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACIIED DOCI CMFINT (Title or description of attached document) Title or description of attached document continue ( P d) Number of Pages Document Date (Additional information) CAPACITY CLAINVD BY TI IE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAP 1 v 12.10 07 800-873-9865 www.Notar•C'lasses.com INSTRUCTIONS FOR COMPLETING THIS FORM .try acknowledgment completed in California must contain verbiage exucily as appears above m the notan' section or a separate acknowledgment form must be properly completed and attar hod to that document. The only exception is if a document is to be recorded outside ofr'alifor» ia. In such instances, un.y alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cert# mg the authori_ed apach►v of the signer). please check the document aarefrilly for proper notarial wording and attach thiw form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hs/she'thcy:- is rage) or circling the correct forms. Failure to correctly indicate this information may lead to rglcction of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cleric Additional information is not rquired but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicalc the capacity claimed b} the signer. If the claimed capacity is a corporate officer, indicate the title 6 c. CEO. CFO. Sacretary). • Securely attach this document to the signed document Bond No. 1000908368 Premium $ INCL ON PERFORMANCE BOND Public Works - Labor & Material Bond KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIFORNIA , as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of ONE HUNDRED EIGHTY NINE THOUSAND EIGHT HUNDRED SIXTY SIX DOLLARS 25/100THS*** Dollars ($ 189,866.25 lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated 11/5/12 with the Obligee to do and perform the following, to wit: ADA -DOJ CURB RAMPS 2012-2013 - PROJECT NO: 15006 NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 9TH day of NOVEMBER 1 2012 COASTSIDE CONCRETE AMERICAN CONTRACTORS INDEMNITY COMPANY Principal By ELIZABETH A. JUARE � Attomey-in-Fact x i i uuu � mm u u i �,� uuum uu i uui um i i i �� � i i m �di i � '0 lWl I.�L Atly�ll'iidtlwu� - H American Contractors Indemnity Company 601 S. Figueroa Street, Suite 1600, Los Angeles, California 90017 1. main 310 649 0990 facsimile 310 649 0416 Bond No. 1000908368 Premium $ INCL ON PERFORMANCE BOND Public Works - Labor & Material Bond KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIFORNIA , as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of ONE HUNDRED EIGHTY NINE THOUSAND EIGHT HUNDRED SIXTY SIX DOLLARS 25/100THS*** Dollars ($ 189,866.25 lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated 11/5/12 with the Obligee to do and perform the following, to wit: ADA -DOJ CURB RAMPS 2012-2013 - PROJECT NO: 15006 NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 9TH day of NOVEMBER 1 2012 COASTSIDE CONCRETE AMERICAN CONTRACTORS INDEMNITY COMPANY Principal By ELIZABETH A. JUARE � Attomey-in-Fact x i i uuu � mm u u i �,� uuum uu i uui um i i i �� � i i m �di i � '0 lWl I.�L Atly�ll'iidtlwu� CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sacramento On 11-9-2012 before me, JENNIFER L. P'FTKUS, NOTARY PUBLIC (!lure insert name and title of the officer) personally appeared Elizabeth A. Juarez who proved to me on the basis of satisfactory evidence to be the personH whose name(o is/are subscribed to the within instrument and acknowledged to me that 4te/she�gtey executed the same in his/her/their authorized capacity(ees), and that by l}fs/her/their signature(&-) on the instrument the person( -S-), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITN1 ty It t d official seal. / Signator of Notar% Public S L. PETKU ; 0 w '"°' ' COMM„ # 1897652 0 �Q, NOTARY PUBILIC - CALIFORNIA .SACRAMENTO COUNTY I v QFA:1v�1y'n0;�.'• O w,....EX ....,,.i. JULY ;ww+�2 �4 v COMM. EXPIRES JULY 30 201'1 "'' (]Votary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF T1 IF ATTACIII?D DOCUMI:'Nf (Title or description of attached document) Title or description of attached document continue ( p a) Number of Pages Document Date (Additional information) CAPACITY CLAIMFD BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Fil lc) ❑ Partner(s) ® Attoincy-in-Fact ❑ Trustee(s) ❑ Other 2008 Vets ion CAPA v12.10.07 800-873-9865 %%iR6.No1ar3Classes com INSTRUCTIONS FOR COMPLETING THIS FORM Any ay.knowlcdgnient completed in California must contain verbiage exactly as app^ars abeive in the notary se,•trnn or cr separate ackrtowledginent fonn must be properly completed and attached t', that document The: on() exception is if a document m to be recorded ouhide ofCalfornia. In stech instances cn v alternatmi, acknoivledgment verbiage as may be printed on such a dominent so long as ME verbiage does not require the notan• to do something that is illegal for a notar•t, in California (i.e. certifying th..I atithori=ed capacity of the signer). Please check tiie document carefully far prop'r notarial wording and attach this form freepared. • State and County information must he the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the ackn0WIcdgnent is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print Ute namc(s) of document signer(s) who personalty appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ha'shc't : is 'am ) or circling the correct forms. Failure to correctly indicate this information may lead to ejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, no -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the coiuta clork. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO. CFO- Secretary). • Sccurcly attach this document to the signed document POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Travis, Vicky Troyan, or Daren Eiseman of Sacramento, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby Nested with full power and authority to appoint any one or more suitable persons as Attorrey(s)-in-Pact to represent and act for and on behalf of the Company subject to the following provisions: Attorne'v-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, am and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to Nehich it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3`d day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals Mltxrouto — t >,v N `' Nll� rp CTOySEAL .rT _. sirs:iki"s � � r , r � < State of California Gtl�►, � oF�" Daniel P. Aguilar, Vice Press ent County of Los Angeles SS: On this 3`d day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OESO M REESE Signature ,�? +0 k— (Seal) umrPum'crdnomu Lot MBNm county W comm, hotrn M&r 18.2015 1, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a flower of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals ofsaid Companies at Los Angeles, California this 9TH day of NOVEMBER 2012 N t3T Corporate Seals Mtn SEAL `° sErta.trlo o^ r r + y b Bond No. 1000908368 * ovr Jeannie Lee, sistant Secretary Agency No ............. 9010