HomeMy WebLinkAboutCC Resolution 11328 (SR Emergency Dispatch Center; Bay Area Contractors)RESOLUTION NO. 11328 RESOLUTION AWARDING THE CONTRACT FOR "CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER", PROJECT NO. 11006 TO BAY AREA CONTRACTORS CORPORATION IN THE AMOUNT OF $399,500.00. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the project was advertised on April 25, 2003 and bids were opened on May 27, 2003; and WHEREAS, on the 25th day of April 2003, 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, San Rafael, California, the City Clerk of said City did on May 27, 2003, publicly open, examine, and declare all sealed bids or proposals for doing the following work in the City to wit: "CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER" PROJECT NO. 11006 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid opening for "City of San Rafael Emergency Dispatch Center" was held at 2:30 P.M. on Tuesday May 27, 2003; and WHEREAS, the bid from Bay Area Contractors Corporation in the amount of $399,500.00 is the lowest and best bid for said work and said bidder is the lowest and responsible bidder therefor; ORIGINAL 13 a�� NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the bid of Bay Area Contractors Corporation and the same is hereby accepted at said lump sum prices and that the contract for said work and improvements be and the same is hereby awarded to said Bay Area Contractors Corporation. 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 Bay Area Contractors Corporation for said work and to return the bidders bonds upon execution of said contract. BE IT FURTHER RESOLVED that the Public Works Director of the City of San Rafael 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, 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 on the 2"d day of June, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ASVJE rf;`E M. LEONCINI, City Clerk File No.: 06.01.156 City of San Rafael Form of Contract Agreement For CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER PROJECT NO. 11006 This Agreement is made and entered into this 2nd day of June, 2003 by and between the City of San Rafael (hereinafter called City) and Bay Area Contractors 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: CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER Project No. 11006 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. rra 0 F(7 III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) working days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed by September 19, 2003, 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 September 19, 2003, 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 Three Hundred and Ninety Nine Thousand Five Hundred Dollars ($399,500.00), 1 Lump sum price written in words said sum being the total of the Contractor's Base Bid and the following additive and/or deductive Alternates. 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. (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. ATTEST: Jeanne M. Leoncini CITY OF SAN RAFAEL AlbertlBoro p 1) Mayor CONTRACTOR: for34 File No. 06.01.156 oann Foold 09 ***EXECUTED IN TRIPLICATE*** Premium $ 8.990.00 PERFORMANCE BOND PUBLIC WORK Bond No, PCO11126583 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, THE City of San Rafael, as Obligee (hereinafter called the Owner), has BAY AREA • ., , as Principal (hereinafter called the Contractor), a Contract for the CONTRACTORS CORPORATION CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER PROJECT NO. 11006, and WHEREAS the said Contractor is required under the terms of the said Contract to filruish a Bond faithful performance of said Contract, NOW, THEREFORE, THESE PRESENTS WITNESSETH: 'Re an JR&S to_ the that we, the Contractor, and, PEERLESS IN$UMCE COMPANY i a corporation duly organized and existing under the laws of the State of NEW HAMPSHIRE and authorized under the laws of the State of California to become surety on bonds and undertaking$, as Surety (hereinafter called the Surety), are held and firmly bound unto• the said Owner in the Renal hum Of THREE ny�w,Aru runr z NINE THOUSAND FIVE .nuaunru AND 00/100 _******** ppl]a,T ($ 399,500.00** ************ ) lawful money of the United States, said sura 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 aid Contractor and the said Surety bind ourselves, our heirs, executors, administrators, successors �nd assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the above bounden Contractor, his o rt: heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and tel and truly keep and perform the covenants, conditions and agreements in the said Contract and auk alteration thereof made as therein provided, on his or their part, to be kept and performed at the time enc in the manner therein specified, including guarantees, and in all respects according to their true injeni and meaning, and shall indemnify and save harmless the said Owner and its officers and agents a therein stipulated, then this obligation shall become null and void; otherwise it shall be and remiai4 it full force and effect. i 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 th� Drawings or the Specifications accompanying same, shall in any manner affect its obligations on this i Bond, and it does hereby waive notice of any such change, extension, alteration or addition. i CONTRACT FORMS AND AGREEM B*T 000403 Page 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 defaulN,.or shall promptly complete the Contract in accordance with its terms and conditions, or shall promatly obtain Bids for completing the Contract according to its terms and conditions, and upon determina pion 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 ,:ost 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 1 han 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 Surety this 2nd day of .TUNE (To be signed by Contractor and Surety, and acknowledgment and Notarial Seal attached) Witness Witness MAILING ADDRESS OF SURETY , 2003 JBAY AREA CONTRACTORS CORPORATION { Contractor (Seal) { Title, Fl �e� eF { PEERLESS INSURANCE COMPANY { wYety_ { A.tOrgey-in; acO MARK J. ,tet nz L— CONTRACTORS BON® .. BROKERAGE, INC. 1120 Second Street, Suite 114 kOFessiaxii Brentwood, CA 94513 — ,GEHrakCE (925) 634-1042 Fax (925) 634-1520 CONTRAC"r FORMS AND AGREEMT,—NT 00040-4 Page 4 o F 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of On July 2,2003 DATE California Santa Clara before me, M.E. GENTRY, NOTARY PUBLIC , NAME, TITLE OR OFFICER - E G. "JANE DOE, NOTARY PUBLIC" personally appeared MARK J. GENTRY NAME(S) OF SIGNER(S) [X] 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) ,:::= ,��� -�. a=�•v -F A'r acted, executed the instrument. M. E. ULNIRY Commission # 1267042 Notary Public - CaRtorrila WITNESS my hand and official seal. z Santa Clara Counv My Comm. ENT*m un t 1. M �• .��r.�•�_.--kv-�:.:•--ate � � 'i ` SIGNATURE OF NOTARY OPTIONAL 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 [X] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN/CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT P/P Bond TITLE OR TYPE OF DOCUMENT 8 including this page NUMBER OF PAGES Tune 2,2003 DATE OF DOCUMENT Peerless Insurance Company SIGNERS) OTHER THAN NAMED ABOVE PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY 62 MAPLE AVENUE BENE, NEW HAMPSHiRF, 03431 POWER OF ATTORNEY BOND # PCO11126583 KNOW ALL MEN BY THESE PRESEIV'i'S: That Peerless hmmtnce Company and/or The Netherlands Insurance Company, each being a New Hampshire Corporation having its principal office in the City of Keene, County of Cheshire, State of New Hampshire dodoes hereby make, constitute and appoint: MARK J. GENTRY of fRENTWOOD in the State of CA theirrits true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in theists name, place and stead, to sign, execute, acknowledge and deliver in theirfits behalf, and as theirf►ts act and deed, without Power ofredelegation, as follows: Not To Exceed $399,500.00 and to bind the Cornpany(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the eompany(ies), and all the acts of said attomey(s� pursuant to the authority herein giver, arc hereby ratified and confirmed_ AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Section 7 of Article 3 of Bylaws of Peerless Insurance Company, as amended May 30,1997, states: "Ilro President of the Company may appoint and remove Attorneys -in -Fact and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds,undcrtakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf of the Company with power to redelegate such authority." Section 9 of Article 5 of Bylaws of The Netherlands Insurance Company, as amended May 30,1997 and June 16, 1997, states: "I1ne President of the Company may appoint and remove Attomcys4n-Fact, and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds, undatakings, .. 4 , .... ,, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf of the Company with power to redelegate such authority." USE OF FACSIMILE SIGNATURES Use of facsimile signatures by Peerless Insurance Company is made pursuant to Resolution of the Board of Directors of Peerless Insurance Company, dated April 28,1988_ Use of facsimile signatures by The Netherlands Insurance Company is made pursuant to Resolution of the Board of Directors of The Netherlands bmwa nee Company, dated April 28,1988_ COMPANY MAMG APPOINTMENT Lire company maldng this appointrrrent is identified by an 'X" in the box opposite its name in the space provided below_ It is the intent of Peerless Insurance Company and The Netherlands Insurance Company to use this instrument for the appointment of Attorneys) -in -Fact for either Company designated, or for both Companies, ifso indicated. In Witness Whereof X PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY has/have caused these presents to be Signed by its President, and its Corporate Seal to be hereto affixed by its Secretary, this 1st day of December 2000 PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY By. yy`�,sui�t+r��o B ,'�� '•='�+"�"�".y'S' President u toot ; President ? 1976 may"" `� + f ��F West '// ~ f a[. Attest �" ��G�.y'�-S" •'yw'.,.,'""�+� Secretary O Secretary NATE OF NEW HAMPSHIRE -OUNTY OF CHESIRE Ilse foregoing instrument was acknowledged before me this 1st day of December 2000 , by Michael R. Christiansen President of Teff s Irmaance Company and of The Netherlands Iusivance Company sad Jane F. Taylor, Secretary of Peerkess Insurance Company and The Netherlands n=2rree Company, New Hampshire Corporations, on behalf of the corporations Notary Plic I, Jane F. Taylor, Secretary of Peerless Insurance Comparry and The Netherlands Insurance Company do hereby cafify that the above and foregoing is a true and correct copy of Power of Attorney exearted by the Company(ies) designated above which is still in fora and effect In witness wherco& I have hereunto set my hand and affixed the Seals) of the Company(iesl at Keen, New Hampshire, this 2nd day of JUNE 2003 co P IfGt V ,enc F. Taylor `rU (U82 'secre �' 101-423(3/99) My ownuemoa e�ires MOf��IV r �wL�O Mab it. 2M ***EXECUTED IN TRIPLICATE*** PAYMENT BOND PUBLIC WORK Bond No. PCO11126583 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, City of San Rafael, as Obligee (hereinafter called the Owner), has awarded to_ BAY AREA CONTRACTORS CORPORATION_ as Principal (hereinafter called the Contractor), a Contract for CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER PROJECT NO. 11006 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 referenc ,- is made in Section 3181 of the Civil Code of the State of California, NOW, THEREFORE, THESE PRESENTS WITNESSETH: that we, the Contractor, and PEERLESS INSURANCE COMPANY , a corporation duly organized and existing under the laws of the State of NEW HAMPSHIRE and authorized under the laws of the Stag 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 THREE nuim, ru AND ruv_ it T,4u THOUSAND FIVE auLwAL' U AND 00/100********** Dollars ($ 399 = 500.00** Z lawful money of the United States, said sum being an amount of not less than one hundred percent (100°/d of the total amount for the payment of which sum well and truly to be made the said Contractor and the ;aid Surety bund 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 u- 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 Insurauce Act with resect 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 irespect 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 AG"EMVNT 0004 - 5 Page 5 Df 13 PAYMENT BOND (continued) It is hereby expressly stipulated and agreed that thus Bond shall inure to the benefit of any of the pens ms 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 Bond. Should the conditions of this Bond be filly performed, then the obligation hereunder shall become bull 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 ti lie, alteration or addition to the terms of the Contract, or to the Worm to be performed thereunder, or to the Drawings or the Specifications accompanying same, shall in any mariner of bet its obligations on :his 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 Stat of California as designated in the Civil Code, Sections 3247 to 3252, inclusive, and all amendm nts thereto. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and the Surety this day of JUNE 2 , 2003. (To be sued by Contractor and Surety, and acknowledgment and Notarial Seal attached) I BAY AREA CONTRACTORS CORPORATION { Contractor (Seal) Witness { Title�,�.` { PEERLESS INSURANCE COMPANY { Surety (Seal) { _ y Witness {Attu rey-iIl-F� MARK J . GENTRY MAILING ADDRESS OF SURETY �' CONTRACTORS BOND WJL BROKERAGE, INC. 1120 Second Street, Suite 114 PROFESSIOHAL Brentwood, CA 94513 AGENT (925) (925) 634-1042 Fax (925) 634-1520 CONTRACT FORMS AND AGREEMENT 0004C - 6 Page 6cf13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of On July 2,2003 DATE California Santa Clara before me, M.E. GENTRY, NOTARY PUBLIC , NAME, TITLE OR OFFICER - E G "JANE DOE, NOTARY PUBLIC" personally appeared MARK J. GENTRY NAME(S) OF SIGNER(S) [X] 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) KG 1NY acted, executed the instrument. A Commission # 1267042 Notary San CllrWr- - Countnt€r � WITNESS my hand and official seal. z � Santa Clara County I� My cc, -nm. :es Jun 11 2W4 (;: J (/ C—_ alt tial t'Z SIGNATURE OF NOTARY 1 OPTIONAL 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 [X] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN/CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT P/P Bond TITLE OR TYPE OF DOCUMENT 8 including this page NUMBER OF PAGES Tune 2,2003 DATE OF DOCUMENT Peerless Insurance Comp_ anv_ SIGNER(S) OTHER THAN NAMED ABOVE PIcERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY 62 MAPLE AVENUE �E, NEIN HAMPSHIRE, 03431 POWER OF ATTORNEY BOND # PCO11126583 KNOW ALL MEN BY THESE PRESENTS: That Peerless hnsrnanee Company and/or The Netherlands hrsurs<uce Company, each being a Ncw Hampshire Corporation having its principal office in the City of Keene, County of Cheshire, State of New Hampshire do/does hereby make, constitute and appoint MARK J. GENTRY of BRENTWOOD in the State of CA their/its true and lawful attomcy(s) in -fact, with full power and authority hereby conferred in theists name, place and stead, to sign, execute, acknowledge and deliver in their/its behalf, and as theirlits act and deed, without power of tedelegation, as follows: Not To Exceed $399,500.00 and to bind the Cornpany(ics) nnaldng this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the company(tes), and all the acts of said attomey(s), pursuant to the authority herein given, arc hereby ratified and confirmed. AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Section 7 of Artic1e 3 of Bylaws of Peerless Ins<uancc Company, as amended May 30,1997, states: "Tile President of the Company may appoint and rernove Attorneys -in -Fact and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds, undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf of the Company with power to redelegate such authority." Sectlou 9 of Article 5 of Bylaws of The Netherlands Insurance Company, as amended May 30, 1997 and June 16, 1997, states: '"The President of the Company may appoint and remove Attorneys4n-Fact, and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds, undcrtaldngs, ....s, . ,.. >, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf of the Company with power to redelegate such authority." USE OF FACSIMILE SIGNATURES Use of facsimile signatures by Peerless Insurance Company is made pursuant to Resolution of the Board of Directors of Peerless Insurance Company, dated April 28, 1988. Use of facsimile signatures by The Netherlands Insurance Company is made pursuant to Resolution of the Board of Directors of The Netherlands hsur=xx Company, dated April 28, 1988. COMPANY MAKING APPOINTMENT The company making this appointment is identified by an "X" in the box opposite its name in the space provided below. It is the intent of Peerless Insurance Company and The Netherlands Insurance Company to use this instrument for the appointment of Attonrcy(s)-in-Fact for either Company designated, or for both Companies, if so indicated. In Witness Whereof X PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY has/have caused these presents to be Signed by its President, and its Corporate Seal to be hereto affixed by its Secretary, this 1st day of December , 2000 PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY Presidenty Is01 ; President 8+sr 1978' %J ��.4R.ff� v+ �`t tom- \��l.R.f�,�I�_ 'L�w.wY► r Attest: ,/ o _ ff� �' Attest Seerewy Secretary STATE OF NEW HAMPSHIRE COUNTY OF CHESIRE - The foregoing instrument was acknowledged before me this 1st day of December 2000 by Michael R. C hdstiansen President of Peerless Insurance Company and of The Netherlands Insurance Company and Jane F. Taylor, Secretary of Poetess Insurance Company and The Ncthcriatrds 10=2nx Company, New Hampshire Corporations, on behalf of the corporations. —�QL� P� aty � L Notary tic rdd ''+� NOTAAt .r � I, Jane F. Taylor, Secretary of Peerless Insurance Com gamy and The Netherlands Insurance Company do hereby oatify that the , above and foregoing is a true and correct copy of Power of Attorney executed by the Company(ies) designated above which is Math ter. 2003still in force and effect In witness whereo& I Tuve hereunto set my affixed hand and axed the Seal(s) of the CompanyCes), at Keene, New Hampshire, this 2nd day of JUNE 2003 y 1ta0 ane F. Taylor 1978= Secretary , 301-423(3/99) uU11 pully r1U111C Company Profile 1 a6 , 1 Ul L CaliMrni Dea nsff, nor -e PEERLESS INSURANCE COMPANY 62 MAPLE AVENUE KEENE, NH 03431 800-228-7830 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 24198 0111 1234-4 June 12, 1939 UNLIMITED -NORMAL Property & Casualty NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http://cdinswww.insurance.ca.gov/pls/wu_co_p.../idb_co_prof utl.get_co_proPp_EID=319 07/08/2003 L,ompany rroiue SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Companv Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Companv Renresentative in My Area Financial Rating Organizations Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer rage z or z http://cdinswww.insurance.ca.gov/pls/wii_Co_p.../idb_co_prof utl.get_co_prof?p_EID=319 07/08/2003 ACORD �IV CERTIFICATE OF LIABILITY INSURCE,,,YAR16 OP ID c> °A�(I�"1106/277/0/. 3 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE All West Insurance Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1737 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Campbell CA 95009-1737 Phone: 408-364-8930 Fax:408-364-1877 INSURED Bay Area Contractrs Corp. 40U Reed Street 9101 Santa Clara CA 45050 INSURERS AFFORDING COVERAGE IINSURERA NIC Insurance Company INSURER B INSURER C INSURER D I i IIJSURER 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 INSH TYPE OF INSURANCE POLICY NUMBER PULIL'Y thFECIIVE FUUCY I=XPIKAIIUN I LIMITSLTR DATE. fMWDD/YYI DATE (MM/DD/YY) GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY GS307248 CLAIMS MADE ❑X OCCUR X Owner/Cont Prot. I GENL AGGREGATE LIMIT APPLIES PER PRO - POLICY n JECT F—] LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY A X I OCCUR ❑ CLAIMS MADE XS300620 DEDUCTIBLE RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER EACH OCCURRENCE :1,000,000 06/25/03 06/25/04 FIRE DAMAGE (Any one rire) $ 50,000 MED EXP (Any one person) $ 5,000 (PERSONAL &ADV INJURY ($1,000,000 I GENERAL AGGREGATE is 2,000,000 PRODUCTS - COMP/OP AGG ($1,000,000 I I COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per acudentl PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC I $ AUTO ONLY AGG $ EACH OCCURRENCE $ 4,000,000 06/25/03 06/25/04 1AGGREGATE 1$4,000,000 Is Is jI Is I IWCSIAIU- TORY LIMITS I IUER E L EACH ACCIDENT Is I E L DISEASE - EA EMPLOYEE I $ 1 E L DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Project No. 11006 - City of San Rafael Emergency Dispatch Center *10 day notice of cancellation for non payment of premium or non reporting of payroll a/i fax 415-485-3355 (reprinted 6/27/03) CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CITYS-1 City of San Rafael Department of Public Works 111 Morhew Street San Rafael CA 94901 I ACORD 25-S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO S° SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHOARSENTATT11E^L �/• ©ACORD CORPORATION 1988 Policy Number: c 507248 THIS ENDORSEMENT CHANGES THE POLICY. F0;ASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PLt W-0 Name of Person or Orgufttion• City of San Rafael, it's officers, agents and employees Any person or organization that the named insured is oWgated by virtue ofa, wdttar contract or agroeruent to provide insurance such as is affirded by this policy and h Approved by the Company In writing within 30 dtys of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section R) is amended to include as on insured the persons) or organization(s) shown in the Schedule as an insured but only with inspect to the following: 1. Liability arising out of your ongoing operations performed for that h ur+cd by or for you, or 2. liability arising out of the ownership, maintenar=, or %w of premises while leased to you, or 3. Liability arising out of the mains m=ce, operation or uIe by you of equipment while leased to you by such pason(s) or organizadon(s), or 4. Operations performed by you or on your behalf for wW.ch the state or political subdivision has issued a pemut. Neither the coverages provided by *tis insurance policy nm theprovisions of this endorsement shall apply to say claim arising out of the sole negligence of any additional insured or any of their agents/emPloyces. RE: Proj. No. 11006 - City of San Rafael Emergency Dispatch Center ANF 043 (12/97) Company Protile Company Profile Page 1 of 2 r ' De aftm� of InuranVu NAVIGATORS INSURANCE COMPANY 6 INTERNATIONAL DRIVE, SUITE 100 RECKSON EXECUTIVE PARK RYE BROOK, NY 10573 800-496-2901 Agent for Service of Process Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California License Status: Company Type: State of Domicile: 42307 0510 3119-5 October 22, 1987 UNLIMITED -NORMAL Property & Casualty NEW YORK Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BURGLARY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER littp:Hcdinswww.insurance.ca.gov/pls/wu_co_p.../idb_co_prof utl.get_co_prof?p EID=685 07/08/2003 Company Profile Company Complaint Information r� Company Enforcement Action Documents Com an , Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer Page 2 of 2 http://cdinswww.insurance.ca.gov/pls/wu_co_p.../idb _co_prof utl.get_co_prof?p_EID=685 07/08/2003 ACORD,. CERTIFICATC OF LIABILITY INSURANC OP,D MS DATE (MM/DD/YYYY) CALVE -1 06/24/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTE OF INFORMATION CAL Insurance & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License # 0241094 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2311 Taraval Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Francisco CA 94116 Phone: 415-661-6500 Fax: 415-661-2254 INSURERS AFFORDING COVERAGE J NAIC # INSURED I INSURER A Contractors Bonding & Insuranc IINSURER8 Safeco/American States Calvert Electric Company Paul Calvert INSURER C 1820 Empire Industrial Ct. #B IINSURER D. Santa Rosa CA 95403 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. lNbK IaUU L POLICY EFFECTIVE I POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDD/YY) I LIMITS GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY INSBA8137 5 CLAIMS MADE rX7 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY n JECT F—] LOC AUTOMOBILE LIABILITY B _ ANY AUTO 010E9072964 ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY —1 OCCUR 1-1 CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? IF yes, describe under SPECIAL PROVISIONS below OTHER EACH OCCURRENCE I S 1000000 08/13/02 08/13/03 I PREMISES(Eaolccuenca) s 300000 MED EXP (Any one person) S 5000 PERSONAL &ADV INJURY S 1000000 GENERAL AGGREGATE IS2000000 PRODUCTS - COMP/OPAGG 152000000 I I COMBINED SINGLE LIMIT I S1000000 06/09/03 06/09/04 (Ea accident) BODILY INJURY I S (Per person) BODILY INJURY S (Per accident) PROPERTY DAMAGE S (Per accident) AUTO ONLY - EA ACCIDENT I S OTHER THAN EA ACC I S AUTO ONLY: AGG I S EACH OCCURRENCE S (AGGREGATE S IS I ITO YLIMITS I IOER E,L EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 DAY CANCELLATION NOTICE MAY BE ISSUED FOR NON PAYMENT OF PREMIUM. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS PER CG 20100397 ATTACHED BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE LAND AND/OR PROPERTY AND/OR WORK DESCRIBED IN THE PUBLIC WORKS CONTRACT CERTIFICATE HOLDER CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS Attn: Steve Zeiger 111 Morphew Street SAN RAFAEL CA 94901 ACORD 25 (2001/08) CANCELLATION CITYRAF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,'ROXPeqVCj9VQVSA5Xi 4 AUTHORIZ EP E NTATIyE © ACORD CORPORATION 7 NOTEPAD:CALVE-1 PAGE 2 iNSU ,ED'S NAME Calvert Electric Company OP ID MS DATE 06/24/03 FOR THE PROJECT ENTITLED, CITY OF SAN RAFAEL EMERGENCY DISPATCH CENTER, PROJECT NO. 11006 BETWEEN THE CITY OF SAN RAFAEL AND BAY AREA CONTRACTORS CORPORATION 400 REED STREET SANTA CLARA, CA 95050 FOR THE WORK AND THE IMPROVEMENTS DESCRIBED THEREIN. POLICY NUMBER: INSBA8875 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 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: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 L] Company Profile Company Profile Page 1 of 2 XM co"' 'eri Iae arty - - o� n S u an e SAFECO INSURANCE COMPANY OF AMERICA STATE FILINGS C-2 SAFECO PLAZA SEATTLE, WA 98185 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California License Status: Company Type: State of Domicile: 24740 0163 1442-3 October 07, 1953 UNLIMITED -NORMAL Property & Casualty WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the alossarv. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE http://cdinswww.insurance.ca.gov/pls/wu_co_p.../idb_co_prof utl.get co_prof?p__EID --336 07/08/2003 Company Profile LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information ?,o Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? He1D Me Find a Companv Representative in My Area Financial Rating Organizations Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer Page 2 of 2 http://cdinswww.insurance.ca.gov/pls/wu_co_p.../idb_co_prof utl.get_co_prof?p_EID=336 07/08/2003 Company Profile Company Profile Page 1 of 2 &A lDe a EMent Qf n SumrIe AMERICAN STATES INSURANCE COMPANY SAFECO PLAZA SEATTLE, WA 98185-0001 800-831-1147 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent_ for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 19704 0163 1819-2 November 26, 1965 UNLIMITED -NORMAL Property & Casualty INDIANA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu_co_p.../idb_co_prof utl.get co_prof?p_EID=373 07/08/2003 Company Profile MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents �6 ' Company_ Performance &Comparison Data Composite Complaint Studies Want More? Help Me_Fi_n_d a Compa__Representative_in My_Area Financial Rating..Organizations Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer Page 2 of 2 http://cdinswww.insurance.ca.gov/pls/wu_co_p.../idb_co_prof utl.get_co_prof?p_EID=373 07/08/2003