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Home My WebLink AboutCC Resolution 12190 (Library HVAC)RESOLUTION NO. 12190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR LIBRARY HVAC AND WINDOW REPLACEMENT 2006 (REBID), PROJECT NO. 11066, TO R -E CORPORATION IN THE AMOUNT OF $1,048,984.00. WHEREAS, on the 23rd day of January, 2007, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "LIBRARY HVAC AND WINDOW REPLACEMENT 2006 (REBID)" PROJECT NO. 11066 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of R -E Corporation at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of R -E Corporation and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said R -E Corporation at the unit prices mentioned in said bid. \�4 RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with R -E Corporation for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5th day of February, 2007, by the following vote, to wit: AYES: COUNCIL MEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Cohen h.. JE 1&E M. LEONCINI, City Clerk File No. 06.01.171 City of San Rafael Form of Contract Agreement For LIBRARY HVAC AND WINDOW REPLACEMENT 2006 (REBID) PROJECT NO. 11066 This Agreement is made and entered into this 5 1 day of February, 2007 by and between the City of San Rafael (hereinafter called City) and R -E Corporation (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: LIBRARY HVAC AND WINDOW REPLACEMENT 2006 (REBID) Project No. 11066 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. II — Contract Documents The Contract Documents consist of the following, all of which are as fully a part hereof as if herein set out in full and, if not attached hereto, the same as if hereto attached: A. The accepted Proposal of the Contractor. B. The fully executed Performance Bond and Payment Bond, if required. C. Workers Compensation, Public Liability and Property Damage Insurance, as required from the Contractor pursuant to the terms of the Contract. D. This Agreement. E. The General Conditions, if applicable. F. The Specifications and the Drawings if applicable and all authorized modifications thereof and Addenda thereto. III- Time of Completion AGREEMENT • 1 (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 signify the beginning of the 16 -WEEK LEAD PERIOD. However, no field work shall commence, until the delivery of the window, HVAC and electrical equipment. (c) Upon completion of the 16 -week equipment lead-time, all work shall be completed within 60 WORKING DAYS after the expiration of the equipment lead period, and with such extensions of time as are provided for in the General Conditions. (d) The work shall be completed by September 7, 2007, and including extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed by the contract time (i.e. September 7, 2007), and inclusive of extensions of time as are provided for in the General Conditions), as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $ 500.00 for each and every calendar day's delay in finishing the work in excess of the contract time prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - The Contract Sum CONTRACTOR'S COMPENSATION: The City will pay and the Contractor will accept, in full consideration for the performance of the Contract, subject to additions and deductions as provided therein, the sum of One million forty-eight thousand nine hundred eighty-four dollars ($1,048,984.00), said sum being the total of the Contractor's Base Bid. VI - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contracton. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. AGREEMENT • 2 (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 City, by depositing securities of equivalent value with the public City in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the Director of Public Works, whose decision on valuation of the securities shall be final. VII - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. AGREEMENT • 3 ATTEST: Meanne M Leoncini City Clerk APPRQVE,Ei AS'fT FORM: G(, ry T Ragghializti City Attorney File No.: 06.01.171 CITY OF SAN RAFAEL A1b&4tBKr1 Mayor CONTRACTOR: " P ....... . ... 5 D nald"',,M. He br, President forR-E Corporation (/Joseph L. Adams, Chief Financial Officer AGREEMENT 0 4 9-9/13/2007 11:05 FAX 602375706 FEDERATED INSURANCE Z Ijuj OA TE WWDWYYj (FICA OF, A 13/07 TE- 0,!L-`.'J:Y:'N$UR,ANC OP/ F'RIaDUI ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FEDERATED MUTUAL INSURANCE COMPANY HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5701 W. Talavu Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Giendale, AZ 853C6 COMPANIES AFFORDING COVERAGE Phone: 111-688-333-4949 COMPANY FEDERATED MUTUAL INSURANCE COMPANY OR Home Office: Owatonna, MN 5510160 A FEDERATED SERVICE INSURANCE COMPANY NSUfjE6 312.647-7 COMPANY R E CORPORATION B P 0 BOX 1743 SANTA ROSA CA 95402 COMPANY C COMPANY L THIS X 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 HERE -IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS LTR I DATE IMMIDD/YY) DATE IMMIDDIYY) • LIABILITY 06/30/07 _GENERAL X COMMERCIAL GENERAL LIABILITY A CLAIMS MADE r;Z7-1 OCCUR OWNER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS $ 100,000 SCHEDULED AUTOS X HIRED AUTOS MED EXP JAny one person) X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO s 1,000,000 EXCESS LIABILITY A 9'370624 JCI UMBRELLA FORM 06/30/07 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY BODILY INJURY T HE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER f GENERAL AGGREGATE 4 2,000,000 PRODUCTS- COMP/OPAGG s 2,000,000 9370624 06/30/06 06/30/07 PERSONAL & ADV INJURY 4 1,000,000 EACH OCCURRENCE s 1,000.000 FIRE DAMAGE IAnv one fire) $ 100,000 MED EXP JAny one person) COMBINED SINGLE LIMIT s 1,000,000 BODILY INJURY 9'370624 05/30/06 06/30/07 jPor person) BODILY INJURY ,Per accident) PROPERTY DAMAGE 4 AUTO ONLY - EA ACCIDENT If OTHER THAN AUTO ONLY:. EACH ACCIDENT AGGREGATE 0 EACH OCCURRENCE s 1,000,000 9370625 06/30/06 06/30/07 1AGGREGATE $ 1,000,660- I WC STATU- OTH- I TORY LIMITS EA EL EACH ACCIDENT 4 EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE 0 -DESCRIPTION OF C)PERATIONSILOCA-nDNSIVF'HICLESISPECLAL ITEMS SEE ATTACHED PACE don i&4 id k� j .7 31ZE477 CITY OF SAN RAFAEL 156 SHOULD ANY Of THE ABOVE CESCRIVED POUCISS BE CANCELLED BEFORE THE DEPT OF PUBLIC WORKS EXPIFATWN DATE THEAEOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL F'O BOX 15156�01 oAys WRITTEN NCTI:CE TO THE CERTIFICATE HOLDER NAMED, TO THE LEFT, SAN RAFAEL C�A 949,15-1560 PUT FAILURE TO MAIL SUCH NDTtCE SHALL IMPOSE NCI OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMP * ITS. AGENTS OR ArPRESINTATIVES. AVT'HORIZED REPRESENTATI;VW, 02/13/2007 11:06 FAX 60237570 FEDERATED INSURANCE a 003 1014101-115, ' 1 'I ii Toll a ■r 1. INSURED 312-847-7 R E CORPORATION P0BOX 1743 SANTA ROSA CA 95402 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR GENERAL LIABILITY. RE; LIBRARY HVAC AND WINDOW REPLACEMENT 2006 REBID PROJECT # 110066 IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE LAND AND OR PROPERTY AND OR WORK DESCRIBED BY THE ,V • PUBLIC WORKS CONTRACT FOR THE PROJECT ENTITLED LIBRARY HVAC AND WINDOW REPLACEMENT 2006 REBID PROJECT # 110066 BETWEEN THE CITY OF SAN REFAEL AND BEST INCORPORATED FOR THE WORK AND IMPROVEMENTS DESCRIBED THEREIN. CITY OF SAN RAFAEL ITS ELECTIVE AND APPOINTED BOARDS, CIMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES AND BEST INCORPORATED ARE ADDITIONAL INSURED CERTIFICATE HOLDER CITY OF SAN RAFAEL 196 DEPT OF PUBLIC WORKS P 0 BOX 151560 SAN RAFAEL CA 94915-1560 ': p fix. ' y u y '^.:S •Y" O.l:i b' sic"` i <• : + t ''iq g ,} y ,i %Y$'`.:i•., i. ..$`"'i':;.','v`v '' 2:c .. , . :. •: • ..) ,.,.ri.,.. . 4.G.Yv .: ..:'o;<... +f:<9..,: 8 f• ., ri ... !P,.. F ,; :g:. .' - ,•... : . \ s......, `.. ,1 •r r;,er. . ,•♦ . ,.e,,..: : Ro•3yv ::: .p. uh: •; ;.. ....: :...p.u..2:. ;•. .p 4.: '. ;B p• .Su:;: .O G.0 <; w;p'o"•. ,:fi, . c: Y ., .o .i. \ .. ,. ,? i: r'gg'✓., ;:ti?,:::\O.•i': : :54 a....(, ..,L .t,::,::av'i! y' + ••,•vk , tp .: :.. .: :\ .. ..c: ' .,,t : .. ... ;:•: .... ..... Y ...; :.. u..... p..v..9:A•, •.• 4•iL. .: na'>•.:. .v \4,i :: :..., 3,,:.,.•.5.x+, .o.o c.x::8:a:.y;nfgj o'y P.`q.:F:: }o .'}. •oE ? ;j e :: ` a''" iu3'.8:;0.' \r,.w a" Ba•.;:. - From. Certfi ate Dept At. iSU In: Urar Ca SerV,Cc" 7_Uto Agency FaxID. To. R -E Corp dba Reliance Enterpi i - Date: 2/9200; 04:00 I'M f age. 1 of 1 OP GATE (Idh7PDD11'1'Y1'I ID K ACORD OPID CERTIFICATE OF LIABILITY INSURANCE RE02/09/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bozzuto Agency #OC77495 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9300 Madison Ave, Suite #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orangevale CA 95662 Phone:800.400.6394 Fax:800.286.0808 INSURED R -E Corporation 250 Colgan Avenue Santa Rosa CA 95404 INSURERS AFFORDING COVERAGE NAIC 4 INSURER A Contractors Access $4505 INSURER B NY Marine & General INSURER C (INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR, THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS neon �uu � YOLIGY thhtGl IVt POLIGI" tXYIHAIlU1V LTR 14SRE TYPE OF 114SURANCE POLICY NUMBER DATE (MMIDDh Y) DATE (MM/DDM') LIMITS GENERAL LIABILITY AUTO ONLY - EA ACCIDENT $ EACH OCCURRENCE I $ COMMERCIAL GENERAL LIABILITY OTHER THAN PREMISES (Ee occIVI r T PREMI„ES (Ea occurence) I CLAIMS MADE ❑ OCCUR AGG $ MED EXP (Any one person) I $ I$ PERSONAL & ADV INJURY I $ I $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG POLICY n JRI ET n LOC AUTOMOBILE LIABILITY _ COI"BINED SINGLE LIMIT $ ANY AUTO (Ea acndent) ALL OWNED AUTOS _ BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY —1 OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPE14SATION AND EMPLOYERS' LIABILITY TY AWY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descnbc under SPECIAL PROVISIONS below OTHER PROPERTY DAMAGE $ (Per acndent) AUTO ONLY - EA ACCIDENT $ EA ACC $ OTHER THAN AUTO ONLY AGG $ EACH OCCURRENCE I$ AGGREGATE I $ X ITORYLIMITS AIU I I°ER CAP1005116 01/01/07 01/01/08 I EL EACHACCIDENT Is -2,000,000 CAP010502e / Dza #4505 I EL DISEASE - EAEMPLOYEEI $ 2 , 000 , 000 IELDISEASE- POLICYLMT ($2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUS1014S ADDED BY E14DORSEM NT I SPECIAL PROVISIONS *10 days notice cancellation exception for non-payment. RE: Library HVAC & Window Replacement; PROTECT NO. 11066 CERTIFICATE HOLDER CANCELLATION CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EWMAV=rX MAIL *30 DAYS WRITTEN City of San Rafael NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA11X rD}IHS-W3HALL Department of Public Works P.O. BOX 151560 IMPOSE NO OBLIGATIOIJ OR LIABILITY OF ANY KIND UPOIJ THE INSURER, IT AGENTS OR San Rafael CA 94915-1560 REPRESENTATIVES. ACORD 25 (2001/06) ©ACORD CORPORATION 1988 PERFORMANCE BONA PUBLIC WORK Premium $ 070001117 Bond No. $11,976.00 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, THE City of San Rafael, as Obligee (hereinafter called the Owner), has awarded to_ *See Below . as Principal (hereinafter called the Contractor), a Contract for the *R -E Corporation dba Reliance Enterprises LIBRARY HVAC AND WINDOW REPLACEMENT 2006 (REBID) PROJECT NO. 11066, and WHEREAS the said Contractor is required under the terms of the said Contract to furnish a Bond for the faithful performance of said Contract, NOW, THERE -FORE, THESE PRESENTS WnNESSETH: that we, the Contractor, and,_ � _ L i be r - ty Mutual Insurance Company -a corporation duly organized and existing under the laws of the State of Massachusetts and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are hold and firmly bound unto the said Owner in the Penal Sum of One Million, Forty -Eight Thousand, Nine Hundr6d Eighty -Four & No/100**Dollars ($ 1, 048, 964.00*****************************************)lawful money of the United States, said sum being an amount of not less than one hundred percent (1001/6) of the total amount payable by the terms of said Contract, for the payment of which sum well and truly to be made the said Contractor and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the above bounden Contractor, his or its heirs, executors, administmtors, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in Vie said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, including guarantees, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said Owner and its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Drawririgs or the Specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. CONTRACT FORMS AND AGREEMENT 00040-3 Faec 3 of 13 PERFORMANCE BOND (continued) Whenever the Contractor shall be, and be declared by the Owner to be in default under the Contract the Owner having performed its obligations thereunder, the. Surety shall promptly remedy the default or shall promptly complete the Contract in accordance with its terms and conditions, or shall promptly obtain Bids for completing the Contract according to its terms and conditions, and upon determination by the Owner and the Surety, jointly, of the lowest responsible Bidder, arrange for a Contract between such Bidder and the Owner, and make available as the Work progresses sufficient funds to pay the cost of completion, less the total amount payable by the Owner to the Contractor under the Contract and any amendments thereto (less the amount already properly paid by the Owner to the Contractor); but not exceeding, including other costs and damages for which the Surety may be liable hereunder., the aggregate sum specified in this Bond. No right of action shall accrue under this Bond to or for the use of any person or organization other than the Owner named herein or its heirs, executors, administrators or successors. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and the SuTetythis Sth day of February ----720 07 (To be signed by Contractor and Surety, and acknowledgment and Notarial Scal attached) R -E Corporation dba Reliance Enterprises Cont7act9r'- (Seal} Witness {Title DonA,16 M.(HR-1-ter, President Liberty Mutual Insurance ,,Company Sur u' e Witness rney-i Fact a R1 ack V 9 MAILING ADDRESS OF SURETY 1 Front Street, 92 _rIT San Francisco, CA 94111 CONTRACT FORMS AND AGREEMENT 00040-4 Page 4 of 13 STATEOF CALIFORNIA COUNTYOF SACRAMENTO On J Iv I� before me, ERIN RUSSELL, NOTARY PUBLIC (here insert name and title of the officer), personally appeared SANDY BLACK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature,...._ � � .� C� �s, C t rJ w�i'. � .1 ' _...-(SEAL) OPTIONAL ERIN RUSSELL C� _m• COMM PUBLIC -CALIFORNIA SACRAMENTO COUNTY () Y c�q�� COMM. EXP. SEPT. 18,2007 -A This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) LIBERTY MUTUAL INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT PAYMENT BOND PUILIC WORK Bond No. 070001117 Premium: Included KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, City of San Rafael, as Obligee (hereinafter called the Owner), has awarded to R -E Corporation dba Reliance Enterori ses as Principal (hereinafter called the Contractor), a Contract for LIBRARY HVAC AND WINDOW REPLACEMENT 2006 (REBID) PROJECT NO. 11066 and WHEREAS, pursuant to law, the said Contractor is required before entering upon the performance of the Work to file a good and sufficient Bond with the body by whom the Contract is awarded to secure the payment of claims of laborers, mechanics, material suppliers and other persons to whom reference is made in Section 3181 of the Civil Code of the State of California, NOW, THEREFORE, THESE PRESENTS WITNESSETH: thatwe, theContractor, andLiberty Mutual Insurance Companj corporation duly organized and existing under the laws of the State afMassachusetts , and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are held and firmly bound unto the said Owner in the Penal Sum of One Million, Forty -Eight Thousand, Nine Hundred Eighty -Four and No/100******Dollars($ 1.048.948.00) lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) of the total amount for the payment of which sum well and truly to be made the said Contractor and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the above bounden Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall ;fail to pay any claimant named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor or his Subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety on this Bond will pay the same in an amount not exceeding the aggregate sum herein above set forth, and also, in. case suit is brought upon this Bond, will pay a reasonable attorney's fee to be fixed by the Court, taxed as costs and awarded to the prevailing party in said suit. CONTRACT FORMS AND AGREEMENT 00040-5 Page 5 of 13 PAYnIENT BOND (continued) It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to thein or their assigns in any suit brought upon this Bond. Should the conditions of this Bond be fully performed, then the obligation hereunder shall become null and void; otherwise it shall be and remain in fall force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Drawings or the Specifications accompanying same, shall in any mamner affect its obligations on this Bond, and it does hereby waive notice of any such, change, extension, alteration or addMon. This Bond is executed and filed to comply with the provisions of an act of the Legislature of the State of California as designated in the Civil Code, Sections 3247 to 3252, inclusive, and all amendments thereto. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and the Surety this day of February 5 , 20 07 (To be signed by Contractor and Surety, and acknowledgment and Notarial Sea] attached) Witness Witness MAILING ADDRESS OF SURETY R -E Corporation dba fRe1iance Enterprises Contractor, (Seal) (Title Do4afd M�Ifer, President I Liberty Mutual Insurance SU: By At 1 Front Street, Ste. 192 San Francisco, CA 94111 agcy any CONTRACT FORMS AND A GREENMNIT 00040-6 Page of I3 STATEOF CALIFORNIA COUNTYOF SACRAMENTO On 91 \) JG I before me. ERIN RUSSELL, NOTARY PUBLIC (here insert name and title of the officer), personally appeared SANDY BLACK personally known tome (or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature c ERIN RUSSELL OPUC(SEAL) NOTARY CARN IA SACRAMENTO COUNTY 0 COMM. EXP. SEPT.18, 2007 -6 OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) LIBERTY MUTUAL INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT THIS -POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1308622 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint SANDY BLACK, SHARON J. RUSCONI, ALL OF THE CITY OF SACRAMENTO, STATE OF CALIFORNIA...................................... ................................................ :............................................................................ .......................................... ............................................. .................................................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100*********** DOLLARS ($ 50,000,000* *** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 1 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 7 c aqi By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: a Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. _th JQ) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 5th day of June 7 2003 .L LIBERTY MUTUAL INSURANCE COMPANY uo � e (� - ..fir /.✓_ �� `J` Garnet W. Elliott, Assistant Secretary LF +., COMMONWEALTH OF PENNSYLVANIA ss o d COUNTY OF MONTGOMERY �a) a) On this 5th day of June 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged 5 = that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ar Power of Attorney and affixed „the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF I� a e,h ieunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ��,r�.m._..m....Tore_.a.w .,. Urtan�..... ..._.,..., ......... 0 first above written. L ._.. Fd oth Twp, t:B 1pl:+ yr• i er} Cpm � c I D. ymu ' a Past I No son Fx re" Mar Pf, 1rt, y ylQ erber, Pe:rsIV� I al. n �t,4=a:'': Teresa Pastella, Notary Public CERTIFICATE I, the undersigned, Assistant 9e6'retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and i do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. T TIMO Y WHEREOF I e hereunto subscribed my name and affixed the corporate seal of the said company, this 5t� day of B y David M. Carey, Assi nt Secretary m H H d E N 3 C to C O vH CO a)W C E E. . a; 0 3� o E CL to O �a 3 >= a)O L M r CO 0 O 10— R -E CORPORATION P. O. Box 1743 Santa Rosa, CA 95402-1743 Telephone: (707) 545-5460 Fax: (707) 545-1722 To: City of San Rafael -- Public Works 111 Morphew St P.O. Box 151560 San Rafael, Ca 94915-1560 Attn: Jude Dictado — Associate Engineer Date: February 12, 2007 Subject: Library HVAC & Window Replacement Project #11066 Gentlemen: We Enclose Please Send Refer To: COPIES MATERIAL SUPPLIER/MFGR. DESCRIPTION 3 Project Agreement — Signed Please return one (1) fully executed copy for our files. For Your: X_REVIEW/ APPROVAL To Be: CORRECTED FILES'INFORMATION SIGNED ACTION VERIFIED _QUOTATION TO US RETURNED APPROVED/REVIEWED as noted RESUBMITTED ADVISE Schedule IN COPIES RELEASE for immediate FABRICATION SHIPMENT TO Very truly yours, RELIANCE ENTERPRISES i Donald M. Helfer President DMH/kc