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HomeMy WebLinkAbout1994-016 R. Baker Construction Agmt. 094016 AGREEMENT . For BUMP STATION 11 RECONSTRUCTION hagreeme t is made and entered into this _ day of '' 197', at Atascadero, California, by and between the City ffA, asc dero., hereinafter referred to as the "City", and hereinafter referred to as the "Contractor"- Whereas, Contractor".Whereas, the Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article I - Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 - The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 The said Contractor agrees to receive and accept the price stated in the Hid Sheet(s) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Hid Sheet(s) , Certification of Affirmative CONDOC.AT Agreement - 1 REL MM 02/94 Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance Bond, Worker's Compensation Certificate, Notice of Award, Notice to Proceed, Specifications, Special Conditions, Technical Specifications and Plans as follows: 1. Pump Station No. 1, Sheets 1-31 dated Nov. 1993 In addition, all Change Orders and Work Directive changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders S. Contract Proposal 6. Specifications 7. Contract Plans 8. City of Atascadero Standard specifications and Drawings 9. State of California Department of Transportation Standard Specifications, January 1988, or the latest edition thereof. Article 5 - The Contractor agrees to commence work pursuant to this Contract within 10 working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within 60 working days from the date of commencement as specified in the Notice To Proceed. Article 6 - For any withhold of amounts earned by the Contractor (under Paragraph 2) , the Contractor may substitute securities as provided in Section 22300 of the Public Contract Code, as amended, which states in part as follOWS: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seg. ) , and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to the CONDOC.AT Agreement - 2 RVL MM 02/94 fir✓ �' contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor. Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. The contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the contractor. securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the public agency. The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. The escrow agreement entered into must be substantially similar to the form included in Public Contract Code Section 22300(e) . The contractor shall obtain the written consent of the surety to such agreement. If any provision of this SECTION shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this SECTION shall, remain in full force and effect (exclusive of the illegal or unenforceable provision) . CONDOC.AT Agreement - 3 RRL MM 02/94 In Witness whereof, the parties to these present hereunto set their hands on the date first above written. City of Atascadero ATTEST: By P!, Robert P. Nimmo, Mayor s - Lea Rabgin City Clerk R. BAKER, INC. By /(-/ g�,,C 0' I�-' ROBERT R. BAKER Typed or Printed Signature PRESIDENT Title Approved as to form: Art er R. Mottando City Attorney CONDMAT Agreement - 4 RLL MM 42/94 05/16/94 14:52 S 805 489 1653 R. BAKER, INC. P.82 Dona 111 1928 7594 Premium $Z.1(-00 - - 1WQW ALL NEN BY ' HUH Zt1$3ff$, that f42iSa Ms, the Ctty Munoil of tho City of Ateac"exaa7r ,6ttnte of California, by Mso3Lotton aaopted on , hats awarded to R. BAKER INC. designated axe the Fr O pet . a oikn ran O7r comstt'tK=t,i.on or RECONSTRUCTION OF PUMP STATION #1 in atriot vonfomity with the hlt0 aria 2! speCt CA ol'taa r now a n file in o offiea of thea Director of 14=10 a- of thq& City oP ACaascoa delro; and WRSl21 sa ld Principal is r irod under the taims of said Contract to furnish a band for-fie Iraithtul performance of said Contrmotj Nowt, 'PHZRIFORZ" NZ R. BAKER, INC. as Frineip lr h=ei natter designated as the *ContraalotarN WA THE AMERICAN INSURANCE COMPANY as Suratetyr aro hold a raan].y dun y o ag or In the swig of SEVENTY NINE THOUSAND FIVE HUNDRED FORTY FIVE 0 1062.11%-s �$ 39,54 . * *********;e , eat *Ute! being 6hbk Sundrod----percent of t2ae es mn ioount payable by the said city of hta►s=4d wa under the terms or the contxaaotj gar which payftnt Val 1. aud truly to be made, we bind Ourselves, 6= hasirof ia d atatdainiot>raAWWde ouuoeonorw or assigns, jolhtly and severally, lirrAly by thseer pradents that if the above bounded Contractor, his or its helots axsautora, administrators.. suao"Bors or assigns, aahM in all. thixgs at" to and a-Ide by, and well and truAy keep a W perrara the oovenante, oonditi.ans and agreements in they said Contraot and ar►y alteration thereof rade aa therein prWAAed an bits or their �tart, to be kept anal ppore�formd at than tims and in the )nnnaer heraaitt utaa6lrting and ahall indammit'y and env* haturmlww tate City Of Xtaso adeacpr its offic and and ager tai, as therein stipul4tc4 tin this oblig4tf on shall become nua.11 and void; otherwLse, it a (mil reomain in f<tl.l torce and effect. And Me said Dvrstyr for value rac eivedr hereby stipulat o and agress that no change, ext rasion of timer alteration or addition to the terms of the Contraot or to the work to be performed them tArA6r ca: the speciticationa and Special Provisions aaccespanying the amm shall in any way affect its obligatiOnx an this band�r and it does heralb waive notlaoo of any ohaartga3,a�xtenaaion of time, &%AratS.on or addition to theta tvxms of the Contravt or to 'the work or to the eaid Specitiaaticm and opeaial provisiono. CaxoMAT Faithful Performance � l 05/16/94 14:52 $ 805 489 1653 R. BAKER, INC. P.03 Xll 91TNIMS W1110MYs. this instrument U48 been duly executed by the Contractor and surety above named, on the 17rday of MAY 1.9 94. Addroas of Contractor: P. 0. BOX 419 Z/V--// (Ad41�r ..—A1�ZOYQ GMNL L&_U_20 BY: G (tel) Adit,*sa of Surety: 77 MARIN DR. THE ERIC(ANN INSURANCE COMP!(f t1� ACT NOVATO, CA 94998_ B - r C _ (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of CALIFORNIA OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of SAN LUIS OBIPSO Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. On 5/17/94 before me, NORMA L FULVIO, NOTARY PUBLIC—, INDIVIDUAL DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" CORPORATE OFFICER(S) personally appeared PHILIP F. CHEWNAME(S)OF SIGNER(S) TITLE(S) ® LIMITED personally known to me-OR-❑ PARTNER(S)proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ®ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), NORMA L.FULVIO or the entity upon behalf of which the NOTARY PUBLIC person(s) acted, executed the instrument. SAN LUIS OBISPO COUNTY SIGNER IS REPRESENTING: CALIFORNIA I SS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) 7Y Commission Expires on June 4,1994 THE AMERICAN INSURANCE C a SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT PERFORMANCE BOND THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 DATE OF DOCUMENT 17 MAY 94 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 GENERAL ATTORNEY THE AMERICAN INSURANCE COMPA • KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint NORMA FULVIO, PHILIP F. CHEW, GREGORY R. MORRIS and GENE M. GARRITANO, jointly or severally its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof -------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the prcmises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-fn-Fact and Agents to accept Legal Process end Mabe Appearances. Section 45.Appointment.The Chairman of the Board of Directors, the President,any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make Such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to behereuntoaffixed this I Sf day of TienP , 19 90 �Hoa��RIf*y , ,,�•,, THE AMERICAN INSURANCE COMPANY c 1 CE co�<i�r By Vice-President STATE OF CALIFORNIA ss COUNTY OF MARIN On this 1st day of June 19 90 ,before me personally came R.D.Farnsworth to me known,who,being by me duly sworn,did depose and say:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. �rneounwwua+aaumanamm�ar»mm�nsnut■ OFFICIAL SEAL J. M. VANDEVORT i NOTARY PUBLIC.CALIFORNIA NotaryPubtic Principal Office in Marin County My Commission Expires Aug.28,1992 ! CERTIFICATE a►ouprHtanuunataaaaaumuuMutaunungoof V STATE OF CALIFORNIA ss COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin.Dated the 17 th day of MAY , 19 94—. ♦rf 11Q'`4;", N'`y,', i Resident Assistant Secretary MCE'C�f� _— 360711-TA-6-90(REV) 05/16/94 14:53 $ 805 489 1653 R. BRKM INC. P.04 `rrr+ `Mid Bond ip 111 1928 7594 Premium INQL, IN PERFORMANCE BOND KNOW ALL MEN BY THBSIC PRSSENT8, that WHEREAS, they City Council of the City of AtKaoadero, Stat-n of California, by Resolution adopted on the .� day of , 19 , has awarded Ea R. BAKER, INC. ere na, er des�gnatrd as the e•Pr as pa ", a contract for Gvn ct10n of RECONSTRUCTION OF PUMP STAT. #1 itA strict conformity With the plans an spsa f cat sena rwt4d now an 12:% in the office of thet virftotor of ] a Won of tris city of Atasoadero, and WHHBR ths, said Prinoip&l is required to furnish a bound in connection with said contract, providing haat if said Prinoipal, or ftny of his or its sub-contraotord shall fail to ppay for any materials, previsions, provender ai any othar muppiiss or teems used in upon, f'ot or about the perforpanca of the work contracted to be Banes, or for any work or 14%bQr done thwroon of any kind, the Surety an this bond will pay they sane to the extent hereinafter sot forthl 110W, THRRIMPORE, WE R. BAKER, INC. as Principal, hereinafter designated as the "Contractor" and THE AMERICAN INSURANCE COMPANY OLD Uuref ir, aie hold a y and unto thet City of A useaa Caro{ in thek s= Of SEVENTY NINE THOUSAND FIVE HUNDRED FORTY FIVE bol.lars $ 79 545.00***** * * , an sum nq one pexcmnt of the e8 a amount petyebl,e by the said City o! Atascadex o tinder the terms of thea contract, for which payment wail and truly to be aado, we bind Qursalves, our heirs, executors and administrators, succasaors or assigns, jointly and severally, firmly by those presents. TH$ CONDMON OF THIS ORLICATION IS SUCH, that if tha above bounded Contractor, his or its heirs, executors, admWeatrators, suooessots or assigns, shall fail to pay for any materlals, provisions, provender or other suppl.ias or toams used in, upon, for or about the performance of thea work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of an act of the LegiSlatture of the State of California, entitled; "An asst to secure the pbymant of Claims of parsons employed by Contractors upon Public works, and the claims of persons who furnish materials, supplies, taaZffj implements or machinery used or consumd by such contractors in the performance of such works, and prescribing the CKMOC.as Labor and Nato rial -- I RzL MR 0/94 65/16/94 14 54 S 865 499 1653 R. BAKER, INC" P.85 dutiaa of certain public o f fi.oeraa: with raspac►t the retort approveld may 10, 1.919, as amended, and provided that tba person, companies or corporations so furnishing said v*ta*.ri&lts, provisions, provender or other supplies, tease, appliances or po~ used, in upon, for or about the performance of the work contracted to be oxecuted ortormad by any persons company or corporation renting or hiring teams or implements or machinery or power for or contributing to said wor]K to be done, or any person who ,performs work or labor upon tha samor or any person who supplies both work and matetrialsa• tharafor, shall, have Complied Vith the provilsionp of *aid Act, then Surety will pay the sande in or to an ainount not exceeding the amount hereinabov* met forth, and also, will pay, in case suit is brosui,ght upon this Bond, such Treasonable Attorney's feels as $ball be fixed by the Court, awarded and taxed an in the abave mentioned Sitatulta pr ovidea. This Bond shall insure to the benefit of any and all persons f companies and oorporations entitled to file alai** under said act, so as to give a right of action to them or their aoni.gns in any suit broucxht upon this Bond. And the said Surety, for value received, hereby stipulates and agrees that no chopgre, extension of time, alterations or additions to the tetras of the Contract or to the work to be performed thereunder or the speoificxations accompanying the $ane shall in any wise affect its obligations on this Bond, and it does hexsby waive notice of any such rA%"ss extension of timor alteration or .addition to the term of the contract or to the Work or to the Specifications. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of CALIFORNIA OPTIO7dnt� ECTION�� CAPACITY CD BY SIGNER County of SAN LUIS OBTSPO Though statute doquire the Notary to fill in the data being so may prove invaluable to persoon the document. On 5/17/94 before me NORMA L. FULVIO, NOTARY PUBLIC INDIVIDUA DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" ❑CORPORAICER(S)personally appeared PHILIP F. CHEW NAME(S)OF SIGNER(S) )PARTNER( LIMITEDpersonally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑to be the persons) whose names) is/areGENERALsubscribed to the within instrument and ac- ©ATTORNECTknowledged to me that he/she/they executed ❑TRUSTEE( the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), or the entity upon behalf of which the NORMA L.FULVIO person(s) acted, executed the instrument. NOTARY PUBLIC SIGNER IS REPRESENTING: SAN LUIS OBISPO COUNTY NAME OF PERSON(S)OR ENTITY(IES) CALIFORNIA WIT ESS my hand and official seal. My Commission Expires on June 4,1994 THE AMERICAN INSURANCE CO. LiD SIGNATURE OF r4OTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT PAYMENT BOND THE DOCUMENT DESCRIBED AT RIGHT: 17 MAY 94 NUMBER OF PAGES 2 DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 9)1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 GENERAL POWER OF ATTORNEY TI9 AMERICAN INSURANCE COMPAII KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1,1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint NORMA FULVIO, PHILIP F. CHEW, GREGORY R. MORRIS and GENE M. GARRITANO, jointly or severally its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof -------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Make Appearances. Section 45.Appointment.The Chairman of the Board of Directors,the President,any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make Such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 1-,t- day of Ti i n P , 19 190 THE AMERICAN INSURANCE COMPANY sJLq�MCE,��,�t`� By Via-President STATE OF CALIFORNIA ss COUNTY OF MARIN On this 1st day of June 19 90 ,before me personally came R. D.Farnsworth to me known,who,being by me duly sworn,did depose and say:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. �/tIMIIt///NHtltitt///Hitt///tt/NatHNfliftttl/il//R OFFICIAL SEAL J. M. VANDEVORT a' y NOTARY PUBLIC-CALIFORNIA Notary Public Principal Office in Marin County = My Commission Expires Aug.28,1992 = CERTIFICATE tn//tilliNt//t////►N///1a////1//t/NN/i1/1//It////gill N STATE OF CALIFORNIA ss. COUNTY OF MARIN 1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and scaled at the County of Marin.Dated the 17th day of MAY , 19 Sit• •i Piesident Assistant S=cury INCE e�E 360711-TA-6-90(REV) NOW )040 MAIN'1'EN NCE BOND The form is to be supplied by the Contractor for review by the City Attorney. CONDOC.AT Maintenance Bond 1 REL MM 02/94 Jk ANNAAF FIREMAN'S FIREMAN'S FUND INSURANCE COMPANY r THE AMERICAN INSURANCE COMPANY FUNDNATIONAL SURETY CORPORATION O MAINTENANCE BOND ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE COMPANIES HOME OFFICE: SAN FRANCISCO,CALIFORNIA Bond No. KNOW ALL MEN BY THESE PRESENTS: That, _ as Principal, and a corporation organized under the laws of the State of and authorized to do a surety business in the State of as Surety, are held and firmly bound unto the in the sum of ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this WHEREAS, on the the said as contractor, entered into a contract for for the sum of ($ ); and, WHEREAS, under the terms of the specifications for said work, the said is required to give a bond for ($ ), to protect the against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until NOW, THEREFORE, if the said ,hall for a period of one year from and after the date of the completion and acceptance of same by said replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. By 360027-4-66 �, y r wolRKER'S COMPENSATION INSMIANCE CERTIFXCATL Prior to execution of the Contract Agreement, the Contractor shall execute the following form as required by Sections 1860 and 1861 of the California Labor Code: I an aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the work of this Contract. Date 5/17/94 R. BAKER, I Contract Signa a ROBERT R. BAKER Title PRESIDENT Attest: By lz�l - -,gz��� S ure JANICE CANON CONTROLLER Title coNVQC-hT Worker's 4ompensation - I REL MM 02/94 itrr✓ NOW RESOLUTION NO. 29-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH R. BARER CONSTRUCTION INC. FOR RECONSTRUCTION OF WASTEWATER PUMPING STATION rel i The City Council of the City of Atascadero hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with R. Baker Construction Inc. for reconstruction of Wastewater Pumping Station 11 as specified in the Plans and Specifications. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3 . The Finance Director is hereby authorized to appropriate funds, as necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 26th day of April, 1994 . ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO CONTENT: AR E R. MO TANDO City Attorney rrrti PROPOSAL FORM 2 M City Clerk U City of Atascadero MR 6500 Palma Avenue Atascadero, California 93422 CITY OF ATASCADERO CITY CLERK'S OFFICE Gentlemen: The undersigned hereby proposes to perform all work for which a contract may be awarded to the undersigned and to furnish any and all plant, labor, services, material, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefor as provided in the Contract Documents, and to do everything required therein for the construction of wr PUMP STATION #1 RECONSTRUCTION as specifically set forth in documents entitled: Specifications for PUMP STATION #1 RECONSTRUCTION together with all appurtenances thereto, all as set forth in the Contract Documents; and further proposes and agrees that, if the undersigned's proposal is accepted, the undersigned will contract in the form and manner stipulated to perform all the work called aw for in the Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that the undersigned will accept as full payment therefor the price or prices set forth in the Bid Sheet(s) forming a part hereof. A cashier's check, a certified check o` a Bid Bond, executed by an admitted surety insurer, properly made payable to the City of Atas,Vadero, hereinafter designated as the i for the sum of llars whic amo nt is not less than 10 percent of the total amount of the Bid, is attached hereto and is given as a guarantee that the undersigned will execute the agreement and furnish the required bonds and insurance if awarded the Contract and, in case of failure to do so within the time provided, the proceeds of said check shall be forfeited to the City if applicable, or, the Sureties' liability to the City for forfeiture of the face amount of the Bid Bond shall be considered as established. �r CONDoc.AT Proposal Form - 1 REL MM 02/94 +rr i It is understood and agreed that: 1. The undersigned has carefully examined all the Contract Documents which shall comprise those documents 44 ecifically referred to in Article 4 of the Agreement 'Form. 2. The undersigned has, by investigation at the site of the Work and otherwise, satisfied itself as to the nature and location of the Work and has fully informed itself as to all conditions and matters which can in any way affect the Work or the cost thereof. 3 . The undersigned fully understands the scope of the Work and has checked carefully all words and figures inserted in its Proposal and further understands that the City will in no way be responsible for any errors or omissions in the preparations of this Proposal. 4 . The undersigned understands that no more than 50% of the work, as defined by the contract price, may be done i by subcontractors. True copies of subcontracts will be provided to the City Engineer upon his request. 5. The undersigned will execute the Agreement and furnish the required performance and payment bonds and proof of the specified insurance coverage within 10 working days, not including holidays, after notice of acceptance of its Proposal by the City; and further, that this Proposal may not be withdrawn for a period of 60 working days after the date set for the opening of Bids, unless otherwise required by law. If any Bidder shall withdraw its Bid within said period, the Bidder shall be liable under the provisions of the Bid Security, or the Bidder and its Surety shall be liable under the Bid Bond, as the case may be. Also, the undersigned will furnish a Maintenance Bond in the form of ten percent (10%) of the total Bid Price prior to final acceptance of the Work. The Maintenance Bond shall remain in effect for a period of one year following the acceptance of the Work. 6. The undersigned hereby certifies that this Proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person or corporation to refrain from bidding; the undersigned has not in any manner sought by collusion to secure for itself an advantage over any other Bidder. 04 CONDOC.AT Proposal Form - 2 REL MM 02/94 in ,yr 7. In conformance with the current statutory requirements of Section 1860 et. seq. of the Labor Code of the State of California, the undersigned confirms the following as his or her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this Contract. Now: In compliance with the Notice to Bidders and all the provisions hereinbefore stipulated; the undersigned with full aw cognizance thereof, hereby proposes to perform the entire Work for the prices set forth in the attached Bid Sheet(s) upon which award of contract is based. �. Dated /� Bidderk,4,)14L: A,1C'-T . (Corporate Seal) By Title wr Bidder's Post Office Address +■+ Corporation organized under the laws of the State of: +err yrr err CONDOC.AT Proposal Form - 3 REL MM 02/94 �r � BID SHEET PROJECT: PUMP STATION #1 RECONSTRUCTION CITY OF ATASCADERO BID NO. 9401 BID OPENING: 2 : 00 p.m. April 1, 1994 NAME OF BIDDER: ILI- BUSINESS ADDRESS: r V- PHONE: RESIDENCE ADDRESS: PHONE: TO: CITY COUNCIL CITY OF ATASCADERO til The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plans and Specifications and read the accompanying instructions of bidders, and hereby proposes to furnish all materials, machinery, tools, labor and services, and do all the work necessary to complete the project in accordance with said Plans, Specifications, and Special Provisions for the unit prices shown. The undersigned declares that he has r6ad and acknowledges the following: Bids are required for the entire work. Incidental items of work shall be incorporated into the most appropriate unit price bid item and no additional compensation shall be made therefor. The amount of the Bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by multiplying the unit price bid by the estimated quantity set forth for the item. The Bidder shall set forth for each item of work, in clearly legible figures, a unit price and a total for the item in the respective spaces provided for this purpose. In the case of the unit basis items, the amount set forth under the "Total" column shall be the multiplication of the unit price bid by the estimated quantity of the item. CONDOC.AT Bid Sheet 6i REL MM 02/94 Iwo WM CONTRACTOR'S LICENSING STATEMENT The undersigned is licensed in accordance with the laws of the State of California providing for the registration of ' Contractors. Contractor's License Classification and Number 3 �� 76- 1 Name of Individual Contractor (print or type) Business Address 4W Business Telephone or we Name of Firm: Business Address do Business Telephone err Signature, Title, and Address of members signing on behalf of partnership: Name Title Address Name Title Address err Name Title Address or +w+ Name of Corporation .'}1�� Business Address &)e Y 6,k-ry.t� Corporation organized under the law t t to of _ let Signature res' ent of Corporation Signature of Secretary of Corporation CONDOC.AT REL MM 02/94 Contractors Licensing - 1 In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, if the amount set forth as a unit price is ambiguous, unintelligible, or uncertain for any reason, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the "Total" column shall be the unit price. 2. As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The City reserves the right to reject all bids. BASE BID - Unit Total Item Item Unit of Estimated Price Price No. Description Measure Quantity (Figures) (Figures) di 00 1 SAWCUT EXIST. AC LS 1 2 REMOVE EXIST. AC SF 600 f l71. 3 REMOVE EX LS 1d� � EQUIPMENT 4 REMOVE UPPER LS 1 3 ' OF EX MH & DRY WELL. PLUG EX. CONDUITS & AND FILL W/SAND 5 ABANDON EX ELEC LS 1 SERVICE AND POLE �Cmac. 6 HAUL OFF DEBRIS LS 1 7 3" TYPE "B" AC SF 860 8 PCC PAD FOR LS 1 PANEL dv 9 NEW UNDERGROUND LF 115 POWER AND TELE SERVICE Vi CONDOC.AT Bid Sheet - 2 1 REL MM 02/94 irw G 10 NEW BUBBLER LF 20 & CONTROL CONDUIT 11 NEW M.H. OVER LS 1 _!&O fir EX 8" S.S. firer �ryt7 12 WET WELL & LID LS 1 13 DISCHARGE PLMBG EA 2 a� a® 14 811PVC, MH TO WW LF 6 15 V3V-065 VAUGHAN EA 2 SEVERE DUTY VERT PUMP W/ 440V, 30HP 3510 RPM MOTORS e'? 16 TESCO DUPLEX LS 1 ' SERVICE CONTROL PANEL W/METERED, NMA 3R MICROPROCESSOR AUTO LEVEL CONTROL 17 WET WELL COATING LSWA SSS W/ SANCON 100 d Base Bid Sum of Total Price Column LF = Lineal FeetEA = EachLS = Lump SumSF = SQUARE FT otir The following Certification of State Lbbor Code Compliance, Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security Form and Non-Collusion Affidavit shall be filled out, signed, and submitted by each Bidder and shall be part of the Contract Documents. The undersigned agrees that in case of default in executing and submitting the Contract with required bonds and insurance within +7rr ten (10) working days after having received notice that the Contract is ready for signature, the proceeds of the check or bond accompanying this Bid shall become the property of the City. rr The following Certification of State Labor Code Compliance, Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security Form and Non-Collusion Affidavit shall be filled out, signed, and submitted by each Bidder and shall be part of the Contract Documents. in CONDOC.AT Bid Sheet - 3 REL MM 02/94 0 LIST OF SUBCONTRACTORSAll 1 In accordance with the provisions of Section 4100 et. seq. of the Government Code of the State of California, the Bidder shall, in its Bid, list the name and place of business of each subcontractor who will perform work or labor or render service to the prime contractor in an amount in excess of one-half of one percent or $10, 000, whichever is greater, of the prime contractor's total bid. Name under which License No. Address Specific Subcontractor is and of Office Description Licensed Classification Mill or Shop of Subcontract 1. Do not list alternative subcontractors for the same work. "U a CONDOC.AT REL MM 02/94 Affirmative Action 2 i irr err STATE LABOR CODE COMPLIANCE The Contractor shall comply with the requirements of Division 5, Part I, of the State Labor Code, and specifically with Sections 6705 and 6707 thereof and with Title 8, Article 108, 5156-5159 . The Contractor shall submit for approval a detailed plan showing the design of shoring, bracing, sloping, confined space entry and/or other provisions to be made for worker protection for all areas to be excavated to a depth of five feet or more. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The Bidder hereby certifies that it is in compliance with Division 5, Part I, of the State Labor Code, specifically with Sections 6705 and 6707 thereof, with Title 8, Article 108, 5156- 5159 and any other applicable federal and state laws and regulations relating to worker protection. NAME OF BIDDER: ADDRESS: SIGNATURE OF BIDDER: -. (or authorized agent) TITLE: 5 r ¢� DATE: j rrr +rr CONDOC.AT State Labor Code - 1 REL MM 02/94 r, r , BID SECURITY FORM ig BID BOND av Know All Men By These Presents: That we, as principal and as surety, are held and firmly bound unto the City of Atascadero, California, a General Law City, hereinafter referred to as "City, " in the sum of dollars ($ ) , to be paid to the said Owner, its successors, and assigns; for which payment, well and truly to be made, we irk 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 certain proposal of the above bounden to construct PUMP STATION #1 RECONSTRUCTION in connection with a project entitled PUMP STATION #1 RECONSTRUCTION, City of Atascadero, County of San Luis Obispo, as specifically set forth in documents entitled the same, all in accordance with the Specifications and Plans on file at the .off:ices of the City of Atascadero, Department of Public Works, 6500 Palma Avenue, Atascadero, California 93422, is not withdrawn within the period of 60 working days after the date set for the opening of Bids, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder and that if said proposal is accepted by the City through action of its legally constituted contracting authorities and if the above bounden his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction and shall execute and deliver the required Performance and Payment Bonds and proof of Insurance Coverage within 10 working days (not including holidays) after the date of notification by and from the said City that the said Contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. s. In Witness Whereof, we hereunto set our hands and seals this day of 19_ d 41 y. (Note: The standard printed bond form of any bonding company acceptable to the City may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are not in any way reduced by use of the Surety Company' s printed standard form. ) CONDOC.AT Bid Security Form - 1 REL MM 02/94 ii�I m � N n z W io >o c W c2 U ca O T O J C c a Z C* N co �O 0 0 Z pa � Y O L ~ W a w_ En lC �= m 4' Nc w w > Z z a _ H ca W 0 Q m O) fA O � C7 �' m W m VD W hoc LL Q (n WZ 0 Q 03 � O ~LL ❑❑LL Z Cc w zco F Z O d o U U z 40)d o J H In } (n U W� �"� � O V -Oo-0T a s D CcW LJ Z � z W I-- Q Z W H m y Q W N o O F- ,5-0 > d H O (A m W w d m m� co ? OU a LU LL cr <F- C) O �� H U a ' VN=c ❑ ❑ 11 all ❑ ❑ yz A F- > Z a W w _ m 2 E U Ncu a)m -C A V cc a) O N L O .- W co C 0 ` 9) V N LL allo C) > co xN _ O D .- +. m C IW- O O a) a 3 cz W (a C Q)= m U z D cn O N -C a) co O ¢ _O p < ui 16 0 C .-. E L � H F- H W a p cn C -C a) gyp+ -O Z W W Q jr '-' +-' V) :3C CO Z N N . Cl) C C a) ¢ U Z Z Q a Z Co c a) a� t C a aa)i c � z O = L w Co O E co z 0 W ~ z w a) - p 0 .� to O >' a) A cn a 0 C7 W U LL +� a) a) `- U E O W d H z LL O Q- 'O p co +" cz LL Q LL O a) N p) E > U 0 rn O in W LL w toa ._ � cn 0) JLU z E a) � � N cz - -c o W O w W o v 'C U o a � P: z ccl) Z z > aEl o T W Pa I L '* o _ .0 0 U) °' -' of �'�0 U LD C.3 cl LPCi [ G.� a ED c E -'a` w W W �L O �� m m E) co L rn _ �0� t: cn C) P L O r J 01% 0 � 3 w J w .-{ a H w m c wo d� di N w C. >, .Y3 U Z d m a U N Q CO — uj S9 LLuj isc O C: Cl) _' cWj O L o_ o 0 0 V � AGREEMENT For PUMP STATION #1 RECONSTRUCTION This agreement is made and entered into this day of 19 , at Atascadero, California, by and between the City of Atascadero, hereinafter referred to as the "City", and hereinafter referred to as the "Contractor" . Whereas, the Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the +r contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article 1 - Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are 11° by such reference made a part hereof. Article 2 - The said City hereby promises and agrees with the rw said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 - The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s) , Certification of Affirmative CONDOC.AT Agreement - 1 REL MM 02/94 Am 6 tV j NON-COLLUSION AFFIDAVIT (To be executed by each awardee of a principal contract) being first duly sworn, deposes and says that he is sole owner, a partner, president, etc. of the party making the foregoing Bid; that such Bid is not made in the interest of or on behalf of any undisclosed person, partnership, company association, organization, or corporation; r that such Bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement:,. communication, or conference with anyone to fix the Bid Price of said Bidder or of any other Bidder, nor to fix any overhead, profit, or cost element of such Bid Price, nor of that of any other Bidder, nor j to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all ;< statements contained in such Bid are true; and, further, that said Bidder has not directly or indirectly, submitted his Bid Price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his general business. Signed: Title: , �r 1� Subscribed and sworn to before me this day of 19_ Seal of Notary Notary Public CONDOC.AT Non-Collusion - 1 REL MM 02/94 L 1-, 03/14/94 14:31 2 805 489 1653 R. BAKER, INC. P.02 BIT) SECURITY FORM BID BOND Know All Men By These Presents: That we, R. BAKER, INC. — as principal and THE AMERICAN INSURANCE COMP as surety, are held and firmly bound unto the c�—Ity4>f Atnacadero, California, a General Law city, hereinafter referred to as "City,11 in the sun of TEN PERCENT OF BID AMOUNT dollars 10% to be paid to the said-liwner ts and assigns; forwhichpayment, well and truly to be made, we bind ourselves, our heirs, executors, administrator&, successors, and assigns, jointly and severally, firmly by there- presents. The Condition of this obligation is such that if the certain proposal of the above bounden R. BAKER, INC to construct VUXP STATION #3. RECON8TRU-0i iDX in connect with a project entitled PUMP STATION #1 RECONSTRUCTION, City Of Ataacadero, County of San Luis Obispo, as specifically set forth in documents entitled the same, all in accordance with the Specifications and Plans on file at the offices of the City Of Atasoadero, Department of Public Works, 6500 Palma Avenue, Ata*cadero, California 93422, is not withdrawn within the period of 60 working days after the date set for the opening of aids, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder and that it said proposal is accepted by the City through action of its legally constituted contracting authorities and it the above bounden R. BAKER, INC. his heirs, executora, into arid aft nistrators, successors and assigns, shall duly enter execute a contract for such construction and shall execute and deliver the required Performance and Payment Bonds and proof Of Insurance Coverage within 10 working days (not including holidays) after the date of notification by and from the said City that the said Contract is ready for executiOn, then this obligation shall beoone null and void; otherwise it shall be and remain in full force and virtue. In Witness Whereof, we hereunto set our hands and meals this --22ND. day of MARCH 9 94 BY: THE AMERICAN-INSURANCE ACOMPANY BY: A - HI I — F. CHEW ATTORNEY-IN-FACT (Note: The standard printed bond form Of any banding company acceptable to the city may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are not in any way reduced by use of the Surety Company's printed standard form. ) coNpQC.hT oid Security k'orm - I REL KH 02194 r ; s . .. � �t Y r t GENERAL POWEROF ATTORNEY" THE AMERICAN INSURANCE COMPANY ATTO KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1,1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint NORMA FULVIO, PHILIP F. CHEW, GREGORY R. MORRIS and GENE M. GARRITANO, jointly or severally its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof ------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make Such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of an),power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this_IS.T—day of Tune 19—90 THE AMERICAN INSURANCE COMPANY s J 'ort co, BY Via-President STATE OF CALIFORNIA SS. COUNTY OF MARIN R. D.Farnsworth On this 1St day of June 19 90 before me personally came to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. �NttluUtlltHttHtttUlUeNrtrTlt/tmHtlntttlltlrl(♦ = OFFICIAL SEAL = J. M. VANDEVORT = L/ NOTARY PUBLIC-CALIFORNIA C NatuyPu�lic Principal Office in Marin County 2 My Commission Expires Aug. 28.1492 = CERTIFICATE r A11111tatNtttl a IN,pilot oll tattler goat"le1tt11111off sell a STATE OF CALIFORNIA ss. COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,arc now in force. Signed and scaled at the County of Marin.Dated the 22ND. day of MARCH 19 94 ,•,�tLi .iCJ,�. - Resident Awiswt SCuCWY 360711-TA-6-90(REV) �r � BID SUMMARY TO: Mark Markwort, Chief Waste Water Operations FROM: Lee Price-, City Clerk BID NO.: 94-01 OPENED : 04/01/94 2:00 p.m. PROJECT: PUMP STATION #1 RECONSTRUCTION Three (3) bids were received and opened today, as follows: Contractor Total Bid R. Baker, Inc. $ 79,545.00 P.O. Box 419 Arroyo Grande, CA 489-871 1 Dennis O'Brien 85,216.00 7210 Sycamore Road Atascadero, CA 466-9281 Dechance Construction 102,932.00 P.O. Box 275 Arroyo Grande, CA 489-7310 Attachments: 3 Bids