HomeMy WebLinkAboutCC Resolution 11805 (Traffic Signal Installations)RESOLUTION NO. 11805 RESOLUTION AWARDING CONTRACT TO W. BRADLEY ELECTRIC, INC. IN THE AMOUNT OF $587,500.00 FOR TRAFFIC SIGNAL INSTALLATIONS 2005 (REBID), PROJECT NO. 11011 (BID OPENING HELD ON TUESDAY, JULY 12, 2005). WHEREAS, traffic studies and professional engineering judgment have concluded that four intersections of Nova Albion Way/Arias Street, Nova Albion Way/Las Gallinas Ave, Los Ranchitos Road/Northgate Drive, and Lincoln Avenue/Linden Lane, meet requirements to be signalized and the project will improve public safety and convenience; and WHEREAS, on the 12th day of July, 2005, 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: "TRAFFIC SIGNAL INSTALLATIONS 2005 (REBID)" PROJECT NO. 11011 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of W. Bradley Electric, Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of W. Bradley Electric, Inc. 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 W. Bradley Electric, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor of said City be authorized and directed to execute a contract with W. Bradley Electric, Inc. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works 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 18th day of July, 2005, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller,Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEAN EN M. EONCINI, City Clerk File No.: 18.01.62 City of San Rafael ♦ California Form of Contract Agreement For TRAFFIC SIGNAL INSTALLATIONS 2005 (REBID) AT NOVA ALBION WAY AND ARIAS STREET NOVA ALBION WAY AND LAS GALLINAS AVENUE LOS RANCHITOS ROAD AND NORTHGATE DRIVE LINCOLN AVENUE AND LINDEN LANE CITY PROJECT NO: 11011 This Agreement is made and entered into thisZtg day of � "J 2005 by and between the City of San Rafael (hereinafter called City) and W. Bradley Electric, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Traffic Signal Installations 2005 (Rebid), Project No. 11011, 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 - Time of Completion (a) The work to be performed under this Contract shall be commenced within ten (10) calendar 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 signal equipment. (c) Upon the 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. 111- Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,000 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. AGREEMENT • 1 IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM NO. ITEM 1 Mobilization 2 Removals at Northgate/Los Ranchitos 3 AC — Northgate/Los Ranchitos 4 Minor Concrete (Type A) — Northgate/Los Ranchitos 5 Minor Concrete (Type B) — Northgate/Los Ranchitos 6 Minor Concrete (Case A Curb Ramp) — Northgate/Los Ranchitos 7 Traffic Signal Installation at Nova Albion/Arias 8 Traffic Signal Installation at Nova Albion/Las Gallinas 9 Traffic Signal Installation at Los Ranchitos/Northgate 10 SIC on Nova Albion and Las Gallinas from Arias to Freitas Parkway 11 SIC on Los Ranchitos from Northgate to Merrydale 12 Traffic Signal Installation at Lincoln/Linden 13 Install City furnished CCTV 14 Lead Compliance Plan Total Construction Cost V - Progress Payments UNIT ITEM UNITS I QTY I PRICE, $ I TOTAL, $ LS 1 51,000.00 51,000.00 LS 1 15,000.00 15,000.00 TON 32 156.00 4,992.00 LF 200 41.00 8,200.00 SF 1,160 12.00 13,920.00 EA 3 2,200.00 6,600.00 LS 1 100,000.00 100,000.00 LS 1 100,000.00 100,000.00 LS 1 100,000.00 100,000.00 LS 1 12,500.00 12,500.00 LS 1 12,500.00 12,500.00 LS 1 157,000.00 157,000.00 EA 1 2,288.00 2,288.00 LS 1 3,500.00 3,500.00 587,500.00 (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. AGREEMENT • 2 (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (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. AGREEMENT 9 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: anne M. Leoncini City Clerk CITY OF SAN RAFAEL: Albert J. Bod Mayor APPr - D �TjO ORM: W. BRADLEY ELECTRIC, INC: dZ) Gary T. a 'anti City Attgrney 6 for James Bradley President AGREEMENT • 4 ACORQM CERTIFICAT' OF LIABILITY INSURAI ^E 1 07/27/200 ' PRO6t10ER (650) 592-7333 FAX (650) 594-4936 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Ins. Assoc. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Li c . #0467457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 1266 San Carlos, CA 94070 INSURERS AFFORDING COVERAGE NAIC# INSURED W.Bradley Electric, Inc., WBE Tel com IINSURERA: CNA WBE Network Systems INSURERB: American Internationl Group WBE Security Control Systems IiNSURERc: National Liability & Fire Ins. I Hill Road Properties, Inc. INSURERD: Houston Casualty Company 90 Hill Road, Novato, CA 94945 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'LPOLICY LTR hWr TYPE OF INSURANCE POLICY NUMBER EFFECTIVE POLICY EXPIRATION DATE fMMlDDlYVI DATE IMM/Dnim LIMITS GENERAL LIABILITY TCP 2083704013 06/15/2005 06/15/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ ZOOf 000 PRFMLSFS nneur CLAIMS MADEJAIOCCUR (Fa .cP) MED EXP (Any one person) $ 5,000 A X X $2,500 Ded . I PERSONAL & ADV INJURY $ 1,000,000 T Empl Benefits I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I $ 210009000 POLICY n JECT n LOC AUTOMOBILE LIABILITY TCP 2083704013 06/15/2005 06/15/2006 I COMBINED SINGLE LIMIT $ X ANYAUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS A X (Per person) X HIREDAUTOS _ BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X $1,000 Ded. Coll PROPERTY DAMAGE I $ X $1,000 Ded Comp (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN EA ACC AUTO ONLY: AGG I $ $ EXCESS/UMBRELLA LIABILITY BE 4953289 06/15/2005 06/15/2006 I EACH OCCURRENCE Is 20,000,000 - I OCCUR F-1CLAIMS MADE I AGGREGATE I $ 20,000,000 B Ij$ DEDUCTIBLE I I $ X RETENTION $ 10,000 I $ WORKERS COMPENSATION AND 00009659-051 06/15/2005 06/15/2006 I X I TnRV 1 IIMITTH- S I IOFR EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT $ 1,000,000 C ANY PRO PRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEEI $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER TCP 2083704013 06/15/2005 06/15/2006 Limit $75,000 Contractors Equipment A $2,000 Ded. Installment Floater $500,000 Limit/$5,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUS1014S ADDED BY ENDORSEMENT / SPECIAL PROVI..IONS I -Professional Liability-HC045005201 11-10-04 to 11-10-05-$2,000,000/$25,000 Ded. br Contractors General Liability, per attached G -18652-F (Ed.04/04), and for Workers' Compensation, ler attached form WC 99 04 02 (Ed 12-04). * SEE ATTACHED PAGE FOR LIST OF ADDITIONAL INSUREDS **** RE: JOB #: 11-103922. Traffic Signal Installations 2005, Project No. 11011. .0 (Ten) Day Notice of Cancellation for Non -Payment of Premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KMVJM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of San Rafael X XXD(&Y&MXXXW(AMXXX)(KXM)&XXXdraliLUXXX 111 Morphew Street K XNXKX)O(�MX'XXmxx),ixxmmxm)kxx vxxxXXXXXXX San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE J Sterling Hammack S/ENL J���+*�_ ACORD 25 (2001/08) ©ACORD CORPORATION 1988 1�-i-57�L 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) City of San Rafael Certificate issued to City of San Rafael 07/27/2005 Professional Ins. Assoc. Inc. 07/27/2005 The City and County, its elective and appointive Boards, Commissions, Officers, Agents, and Employees, are named as Additional Insureds as respects General Liability and Automobile. Primary Wording and Waiver of Subrogation as per Blanket Additional Insured Endorsement G -140331-A99 and CA 2048 (02/99) will apply. Endeavor to "X" `d out. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and / or property and / or work described in the Public Works contract for the project entitled Traffic Signal Installations 2005 (Rebid), Project No. 11011, between the City of San Rafael and W. Bradley Electric, Inc., for the work and the improvements described therein. G -140331-A99 (Ed. 10/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and / or property and / or work described in the Public Works contract for the project entitled Traffic Sional Installations 2005 (Rebid). Proiect No. 11011, between the City of San Rafael and W. Bradley Electric, Inc., for the work and the improvements described therein. Designated Project: RE: JOB #: 11-103922. Traffic Signal Installations 2005, Project No. 11011. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f, of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out G -140331-A99 (Ed. 10/01) of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; Page 1 of 2 G -140331-A99 (Ed. 10/01) (3) Tender the defense and indemnity of added as an additional insured by any claim or "suit" to any other insurer endorsement. which also has insurance for a loss we When this insurance is excess, we will cover under this Coverage Part; and have no duty under Coverages A or B (4) Agree to make available any other to defend the additional insured against insurance which the additional insured any "suit" if any other insurer has a duty has for a loss we cover under this to defend the additional insured against Coverage Part. that "suit." If no other insurer defends, f. We have no duty to defend or indemnify an we will undertake to do so, but we will additional insured under this endorsement be entitled to the additional insured's until we receive written notice of a claim or rights against all those other insurers. "suit" from the additional insured. When this insurance is excess over 1. Paragraph 4.b. of the Other Insurance other insurance, we will pay only ourshare Condition is deleted and replaced with the of the amount of the loss, if any, that exceeds the sum of: following: (1) The total amount that all such other 4. Other Insurance insurance would pay for the loss in b. Excess Insurance the absence of this insurance; and This insurance is excess over any other (2) The total of all deductible and self- insurance naming the additional insured insured amounts under all that as an insured whether primary, excess, other insurance. contingent or on any other basis unless We will share the remaining loss, if any, a written contract or written agreement with any other insurance that is not specifically requires that this insurance described in this Excess Insurance be either primary or primary and provision and was not bought noncontributing to the additional specifically to apply in excess of the insured's own coverage. This insurance Limits of Insurance shown in the is excess over any other insurance to Declarations of this Coverage Part. which the additional insured has been G -140331-A99 Page 2 of 2 (Ed. 10/01) CA2048 0299 DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 06/15/05 Named Insured: W. Bradley Electric, Inc. SCHEDULE Countersigned By: Name of Person or Organization: IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and / or property and / or work described in the Public Works contract for the project entitled Traffic Signal Installations 2005 (Rebid), Proiect No. 11011, between the City of San Rafael and W. Bradley Electric, Inc., for the work and the improvements described therein. Designated Project: RE: JOB #: 11-103922. Traffic Siqnal Installations 2005, Project No. 11011. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02 (Ed 12.04) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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 2.00 % of the California workers' compensation premium otherwise due on such remuneration. The minimum premium for this endorsement is $ _50 QQ_ Schedule Person or Organization Blanket Waiver of Subrogation Job Description All California Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/15/2005 Policy No. 0100009659-051 Endorsement No. 1 Insured W. BRADLEY ELECTRIC, INC. Premium $ 397,661.00 Insurance Company Countersigned by National Liability and Fire Insurance Company WC 99 04 02 (Ed 12-04) Executed in Triplicate PERFORMANCE BOND PUDLIC WORK Premium S $7,961.00 , Bond No. 08592282 KNOW ALL MEN BY THESE PRESENTS! WHERE,AS, the City of San Rafael, as Obligee (hereinafter called the OWNER), has awarded to W. Bradlev Electric, Inc. as Principal (hereinafter called the CONTRACTOR), a Contract for the: TRAFFIC SIGNAL INSTALLATIONS 2005 (REBID) AT NOVA ALBION WAX AND ARIAS STREET NOVA ALBNION WAY AND LAS GALLINAS AVENUE LOS RANCHITOS ROAR AND NORTHGATE DRIVE LINCOLN AVENUE AND LINDEN LAND CITY PROJECT NO. 11011 V./M 2EAS, the said CONTRACTOR is required under the terms of the said Contract to furnish a Bond for the faithful performance of said Contract, NOW, T FIRR.EFORF, THESE PRESENTS WITNESSETH-, That we, the Contractor and Fidelity and Deposit Company of Maryland a corporation duly organized and exisdug under the laws of the State of Maryland , 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 fumll bound ur�t8 f g�said OWNER in the Penal Sum of Five Hundred Eighty-seven Thousand Five undre an 0 ars (S 587,500.00 ) lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) of the total amount payable by the terms of said Contract, for the payment of which sung well and truly to be made the said CONTRACTOR and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns; jointly and si vy=lly, firmly by thcso prescnts. THE CONDITION OF THIS OBLIGATION is such that, if the above bounden CONTRACTOR, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and may keep and perforin the covenants, conditions and agreements in the 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 speeifed, including guarantees, and in all respects according to their true 'intent and meaning, and shalt indemnify and save harmless the said OWl,�'ER znd its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in illll force and effect. The: said Surety, for value received, hereby stipulates and ggrecs 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 sauce, shall in any LuaLwei affc a its ubligations on this Bond, and it does hereby waive notice of any such. change, extension, alteration or addition. 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 nrnmptly 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 Contuu:t between such bidder and the OWNER, and malce available as the work progresses sufficieut 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 fnr which the Surety maybe liable hereunder, the aggregate sum specified in this.Ronft_ 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, executom, administrators or successors. XN WZ"1 NE55 WHEREOF, this instrument has been duly executed by the CONTRACTOR and the Surety this 5th day of August 2005. (To be signed by Contractor and Surety, and acknowledgement and Notarial Seal attached) (Witness) (Witness Donna L. Welsh B Electric, Inc. ontra:dley r (Seal) Title Fidelity and Deposit Comp aryland urery - _ an By: �= Attorney -la -Fact , bnna J. Frowd Mailing address of Surety: 560 Mission Street, Ste. 2400, Sa �,a cisco, CA 94105 APPROTO SUFF� MMMCTY, APP O / 'FO Andrew J. Preston, city ngincerRa7;r(7ty attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Marin On August 5, 2005 before me, Shannon F. Simpson, Notary Public Dale Name and Tale of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Donna J. Frowd Name(s) of Signer(s) .@ personally known to me ❑ proved to me on the basis of satisfactory evidence 1 SHANNON! E, SIMPSON Commission # 1490264 Q ' Z , r�� c'��� Notary Public -California y:F`'G` Marin County My Comm. Expires May 18, 2.008 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. E. ��� S gnalure of Notary Pubic t OPTIONAL Though the information below is not required bylaw, 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General N Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: _lHHU ZH111NBPHIIVT OF SIGNER ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 Executed in Triplicate PAYMENT BOND PUBLIC WORK Premium; Included in Performance er ormance Bond Bond No. KNOW ALL MEN BY THESE PRESENTS: WITEREAS the city. of San Rafael, as Obligee (hereinafter called the OWNER), has awarded to W. Bradley Electric, Inc. as Principal (hereinafter called the CONTRACTOR), a Contract for the: TRAFFIC SIGNAL INSTALLATIONS 2005 (REBTM AT NOVA ALBION WAX' AND ARIAS STREET NOVA ALBNION WAY AND LAS GALLINAS AVENUE LOS RANCRITOS ROAD AND NORTHGATL DRIVE LINCOLN AVENUE AND LINDEN LAND CITY PROJECT" N(J. 11011, 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 se.mcure 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, T1TFSiE PRESENTS WITNESSI•,TH: That we, the Contractor and Fidelity and Deposit Company of Maryland a corporation duly organized and existing under the laws of the State of Maryland and authorized under the laws of the State of CaInmia to become surety on bonds and undertakings, as Surety (hereinafter called the Surety), are held and f1mly bound unto the said OWNER in the Penal Sum of Five Hundred Eighty-seven Thousand Five Hundred and 0WO (S 587,500.00 ) lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) 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, administrators, successors or assigns, or 5uhrontrartors, shall fail to pay any claimant named in Civil Code Section 3131, or amouuts duc 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. 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 them or their assigns in any suit brought upon this $ond. Should the coaditiona of this Bond be fully performed, then the obligation hereunder shall become null and void; otherwise it shall be and remain in full force and effect, The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed theinululnr, of to the drawings or the specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. This Bond is executed and filed to comply with the provisions of an act of the Legislature of the State of California as designated in the Civil Code, Sections 3247 to 3252, inclusivc, and all amendments thereto. LN WITNESS W$EREOF, Us instrument has been duly executed by the CONTRACTOR and the Surety this 5th day of August 2005. (To be signed by Contractor and Surety, and acknowledgement and Notarial Seal attached) (Witness) i { ess Donna L. Welsh W. radley Electric, Inc. Coutr or '4, A Fidelity and Deposit Com ay: mow, Attorney -in --Fact Mailing address of Surety: 560 Mission Street, Ste. 240q, S E1J A5 To S�8UFFI - ? ZaAndwl. PrestozCity gincrr GalEy1f. ltsgyrhian (Seal) nna J. Frowd gci�co, CA 94105 ryland CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of Marin On August 5, 2005 before me, Shannon F. Simpson, Notary Public Date Name and Title of Officere. ( g , 'Jane Doe, Notary Public personally appeared Donna J. Frowd Names) o1 Signer(s) jo personally known to me ❑ proved to me on the basis of satisfactory evidence St-ISHANNONON E. F. Sltvl('S��tJ fffa _ Commission # 1490264 Notary Public - California Z Marin County My Comm. Expires May 18, 2008 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. QQ Signature of Notary Pubic 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General W Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here ® 1999 Natlonal Notary Association • 9350 Oe Salo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a des by nominate, constitute and appoint Donna J. FROWD, of Novato, California, its true and la a t, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al p taldngs, and the execution of such bonds or undertakings in pursuan , s on said Company, as fully and amply, to all intents and purposes, as if th xe 6 ged by the regularly elected officers of the Company at its office in Ba ' ro 1 it r This power of attorney revokes that issued on behalf of Donna J. I'tate embe The said Assistant Section 2, of the By-: j�-rt�at the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WI)*,R'`OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of June, A.D. 2005. ATTEST: I.V, i 4wn� State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: /d/# William J. Mills Vice President On this 16th day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. \\,%,, If l trill POA -F 016-3686D Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5th day of August 2005 4-a �- At", Assistant Secretary 0 ZURICH THIS IMPORTANT DISCLOSURE NOTWE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availabilitv of Coveraee for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Companv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned pretniurn in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism Losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc