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HomeMy WebLinkAboutCC Resolution 12224 (Bicycle Master Plan Implementation)RESOLUTION NO. 12224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR BICYCLE MASTER PLAN IMPLEMENTATION — SHORT TERM ROUTES (FUNDED BY BAY AREA AIR QUALITY MANAGEMENT DISTRICT TRANSPORTATION FUNDS FOR CLEAN AIR GRANT) PROJECT NO. 11092, TO CHRISP COMPANY, FOR THE BASE BID PLUS ALTERNATE BID IN THE AMOUNT OF $63,329.40. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 201h day of March, 2007, 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: "FOR BICYCLE MASTER PLAN IMPLEMENTATION — SHORT TERM ROUTES (FUNDED BY BAAQMD TFCA GRANT)" PROJECT NO. 11092 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Chrisp Company, 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 therefor; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Chrisp Company, 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 Chrisp Company at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Chrisp Company, for said work and to return the bidders bond upon the execution of said contract. RESOLVED, FURTHER, that the Council does hereby authorize the Public Works Director 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, 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 2°a day of April, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Y1� ,�t,a�ou-mow• JE NE M. LEONCINI, City Clerk File No.: 18.12.04 City of San Rafael • California Form of Contract Agreement For Bicycle Master Plan Implementation — Short Term Routes. Proiect No. 11092 This Agreement is made and entered into this 10`h day of April, 2007 by and between the City of San Rafael (hereinafter called City) and Chrisp Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Bicycle Master Plan Implementation — Short Term Routes, Project No. 11092, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) CALENDER 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 4 -week lead period to obtain materials. (c) Complete the work within 20 Workine Days, and after 4 -week lead period for acquisition of materials, and with such extensions of time as are provided for in the General Conditions. I11I - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 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. Agreement - 1 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) 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 Con%Director ave cKorks uthorized representatives to execute this Agreement theear firs ATTEST: AN RAF eanne M. Leonc&i . Pres City Clerk Public APP ' OWED -T , (M: Gary T. Rag hianti City Attornzy CN ACTOR: 11 'Y YI for Agreement - 3 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that Chrisp Company 43650 Osgood Road Fremont, CA 94539 as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America 100 California St., #300 San Francisco, CA 94111 as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael P.O. Box 151560 San Rafael, CA 94915 Bond No. 104926784 (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Sixty Three Thousand Three Hundred Twenty Nine and 40/100 - - - - - -------------------------------------------------------------• Dollars ($ 63,329.40 ). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated April 10 with Owner for Bicycle Master Plan Implementation - Short Term Routes in accordance with Drawings and Specifications prepared by 2007 , entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S-1219/GEEF 10/99 Page 1 of 2 PERFORMANCE BOND '926784 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the Signed and sealed this 18th day of (Witness) (Witness) I-,'" contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. April Chrisp Company 2007 (Seal) (Principal) Travelers Casualty and Surety Company of America (Seal) (Surety) r,, A llm MUW Veronica Ramirez, Attorney -In -t 5-1219/GEEF 10/99 Page 2 of 2 (Title) LABOR AND MATERIAL PAYMENT BOND Bond No. 104926784 Conforms with The American Institute of Architects A.I.A. Document No. A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Chrisp Company 43650 Osgood Road Fremont, CA 94539 as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America 100 California St., #300 San Francisco, CA 94111 as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael P.O. Box 151560 San Rafael, CA 94915 (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Sixty Three Thousand Three Hundred Twenty Nine and 40/100 - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 63,329.40 ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated April 10 with Owner for Bicycle Master Plan Implementation - Short Term Routes in accordance with Drawings and Specifications prepared by ) 2007 , entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S-1220/GEEF 10/99 Page 1 of 2 LA. JR AND MATERIAL PAYMENT JND 104926784 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such surn or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this 18th day of were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if ariy limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. April 2007 Chrisp Company (Seal) (Witness) ( (Principal) (TitlO Travelers Casualty and Surety Company of America (Seal) (Witness) (Surety) Veronica Ramirez, Attorney [OFact (Title) 5-1220/GEEF 10199 page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda On April 18, 2007 before me, Lisa M. Lucas , Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Veronica Ramirez Name(s) of Signer(s) impersonally 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 LISA M. LUCAS he/she/they executed the same in his/her/their authorized Commission # 1716335 capacity(ies), and that by his/her/their signature(s) on the IQ Notary Public - California instrument the person(s), or the entity upon behalf of Alameda County My Comm. Eofeslon13,2011 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature.... Place Notary Seal Above �..m... .... ..._. ... . Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ..__ —..._..�..............�....__..... . �... .. _ _..._.. ..—...._ __. ._.... Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ..... _................................................ .............. _............ ❑ Individual I::::::I Corporate Officer — Title(s): I J Partner — f ..,i Limited ❑ General, „._ .. , lls ❑ Attorney in Fact . ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: [] Individual C.:.:l Corporate Officer—Title(s): 0' :➢ Partner — ❑ Limited ❑ General Attorney in Fact ' Top of thumb here I::1 Trustee I..:.:I Guardian or Conservator I -I Other Signer Is Representing- © 2006 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876 6H27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. C( /) )•-� C( Cis_ } County of � J On before me, %►�i C c, L � L. !�C ta "Z_ Dale -�.J. Name c�itle of Off cer (e g., "Jane Doe, Notary Public") personally appeared Names) of Signer(s) �,uuutuuuuuuwarnuuuuumuumutuuaat�uatntuluuunitl N=W DE t,A cRuz COMM. # 1693957 EE . NOTARY PUBW - CAUn2MO - ALAM®A COUN �mnalmennlmnnmNMy Cim m � 3*I Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name(/ is/ay6 subscribed to the within instrument and acknowledged to me th t he/ne/toy executed the same in his/Vr/tir authorized capacity(i�)I and that by his/h/r/Weir signature() on the instrument the person or the entity u on behalf of which the person acted, executed the instrument. W/I,TN, E'SS_ a./`�hand offici�f/lJseal. Place Notary Seal Above t M (111 icl 4 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ...._...... — w, Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: FJ Individual 1_1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited [I General D Attorney in Fact Top of thumb here ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: „ Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited F] General ❑ Attorney in Fact ❑ Trustee U Guardian or Conservator ❑ Other: Signer Is Representing: _..... Top d thurrrb here 0,2004 Natir,:nal Notary Association "9350 De sutoX• e., PO.. Brr,X'i?4O2 • CEuaatsw,3rt¢v, f`A f9n"s'B;b•2402 Real INC :59;.R,' Reorder CaBi Totlll Prue tl-r;00 B76-6827 WARNIi is THIS POWER OF ATTORNEY IS INVALID WITHOUT THE F -D BORDER STpAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 21722 7 7 Certificate No. 000927081 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew H. Kammerer, Lisa M. Lucas, Veronica Ramirez, and D. Richard Stinson of the City of -,„__Pjea ,anfo , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 19th day of June 2006 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SUg r SnftETy J P10.E 64 'NS P,1NSU9 ttY q,y J IPa Wlpj, I4_ h Y (1 t1nl TL SLOP PURI>(•s pPOgq ; n y S pa tn4 '_ i t 90 o C '1977 92% s ' ml — :m a•'—._ n HnRTWPD aVrtFEtD. <--••^wY 5 • o CONN. a COWI. $ N 1996 S SERL%, y . N ! n.'pF .f`FANGf L yl.......•; a f v. . ........ aas ... f .+ X11 AN1 State of Connecticut City of Hartford ss. By m.. f' orge W ' ! ompson, Sen• r Vic President On this the 19th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. e#A In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2011. 58440-6-06 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER „;;.i�.�.....-,„�,..„.« -,,.w .,a �o..�--,—r..�,..vow.T.--�.�,,,,.,y....,aia,�••;..:ro.-�.�y.,..-.»,rw+-�,:a-..�.r....:, .. .Y-...-...c”-.�,,,,.:.. WAP' 'G: THIS POWER OF ATTORNEY IS INVALID WITHOUT TH" SD BORDER This Power of Attorney is granted under and by tue authority of the following resolutions adopted by the Boaras of Directors of Farmington Casualty Company; Rdelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, " St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is f FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy J thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power i prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of April 20 07 Kori M. Johansrio/Assistant Secretary ? p1.6U��)` �}n'• �:�ly ,V F1FE `4 0�1.M...'N^%j9 Jp� INIUq' 1J�,�T/ AMpd 170 �'"� .� tuarwaa 1982 0 , � tumFoaq O Y��,Ss� � � 1951 m .SEAL on o SJLL13° � �� wwe Y to 1888�p NEW To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY INVALID ��.NVA ID IS WITHOUTTHE RED BORDER ACORQ., CERTIFICA E OF LIABILITY INSURI 'CE I DATE (04/23/073/07YYYY) PRODUCER LIC #0726293 1-925-460-9900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4301 Hacienda Drive, #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588-9101 INSURERS AFFORDING COVERAGE I NAIC If INSURED IINSURER A:SEABRIGHT INS CO 115563 Chrisp Company I INSURER B: Redland Ins Co 137303 43650 Osgood Road IINSURER C:Illinois Union Ins Co 127960 Fremont, CA 94539 INSURER D: I INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' LI POLICYEFFECTIVE POLICY EXPIRATION LTR INSR[ TYPEOFINSURANRF POLICY NUMBER OATE(MM/DD/YYI DATE(MWDD(YYI LIMITS C X GENERAL LIABILITY PMDG22906616 12/01/06 12/01/07 EACHOCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY I PREMISES (Ea occurence) $ 50,000 =CLAIMS MADE a OCCUR I MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1,000,000 IGENERAL AGGREGATE $ 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Chrisp Job #1S.7614 / Client Job #11092 RE: Bicycle Master Plan Implementation - Short Term Routes Additional Insured(s): City and County of San Rafael, its elective and appointive Boards, Commissions, Officers, Agents and Employees CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non -Payment of Premium Chrisp Job #15.7614 / Client Job #11092 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL 6RUVMV5 MAIL 30 DAYS WRITTEN Department of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t fi(`Yfi4i$r()< FiA X 111 Morphew Street XOpi555@C79ffiX3gL]tltlCXgIffifi]974X34X3 7CisTl0M7I }pXfICQ[4CRlsgCffii[X XxffiipxxKAWPXKX=Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx San Rafael, CA 94901 USA AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ranshar ©ACORD CORPORATION 1988 6031783 1 I 000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2.000, 1 X PiFgOT- F-1 POLICY I I LOC B AU-OMOBILELIABILITY 8001120818 _ 12/01/06 12/01/07 COMBINED SINGLE LIMIT $1, 000, 000 X ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILYINJURY $ I _ SCHEDULEDAUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X $250 Comp Ded _ PROPERTY DAMAGE $ X $1,000 Coll Ded (Per accident) I 1$ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO I OTHERTHAN EAACC 1 $ AUTO ONLY: AGG I $ I I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE I AGGREGATE I $ Is DEDUCTIBLE I I $ I I RETENTION $ $ A WORKERS COMPENSATION AND BB1060767 12/01/06 12/01/07 I X IWCSTATU• OTR EMPLOYERS'UABILITY I I $1,000,000 E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? I E.L. DISEASE - EAEMPLOYEEI $1,000,000 If yes, describe under I E.L. DISEASE -POLICY LIMIT $1,000,000 SPEC IAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Chrisp Job #1S.7614 / Client Job #11092 RE: Bicycle Master Plan Implementation - Short Term Routes Additional Insured(s): City and County of San Rafael, its elective and appointive Boards, Commissions, Officers, Agents and Employees CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non -Payment of Premium Chrisp Job #15.7614 / Client Job #11092 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL 6RUVMV5 MAIL 30 DAYS WRITTEN Department of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t fi(`Yfi4i$r()< FiA X 111 Morphew Street XOpi555@C79ffiX3gL]tltlCXgIffifi]974X34X3 7CisTl0M7I }pXfICQ[4CRlsgCffii[X XxffiipxxKAWPXKX=Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx San Rafael, CA 94901 USA AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ranshar ©ACORD CORPORATION 1988 6031783 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: PMDG22906616 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 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 SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown 16 the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to Include as an insured the person or organization shown In the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the Insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 0 ISO Properties, Inc., 2000 ©ISO Properties, Inc. 02005 Insurance Reference Systems, Inc. All Rights Reserved. DATE SUPPLEMENT 10 CERTIFICATE OF INSURANCE 04/23/07 NAME OF INSURED: Chrisp Company Additional Description of Operations/Remarks from Page 1: Additional Information: GENERAL LIABILITY: *Additional Insured as required by Insured Contract. SUPP (05/04)