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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
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SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
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rage z or z
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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
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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
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Company Profile
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
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?,o Company Enforcement Action Documents
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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
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Company Profile
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
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�6
' Company_ Performance &Comparison Data
Composite Complaint Studies
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Last Revised - May 21, 2003 10:24 AM
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