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HomeMy WebLinkAboutR. Baker Agmt. for Services Renovation of Wastewater Pumping Station # 4City of Atascadero Office of the City Clerk 6500 Palma Avenue Atascadero CA 93422 BID FORM The undersigned bid for furnishing to the City of Atascadero all labor, materials, equipment, transportation, services and supplies necessary to complete this project is as follows: CD C�l In compliance with this invitation for bid, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid is accepted within 6r:�10 days from the date of the opening, to complete this project at the price quoted. BIDDER: , VC"E' �' J—/ -J TITLE: 4b-ee , L Y( �•- Y C'v I ADDRESS: Pr Q �/ /� �^ ra,e�,s y,rc aG� g3 Y2 / DATE: Please place this bid in a sealed envelope marked Bid No. 91-13 and address to: City of Atascadero Office of the City Clerk 6500 Palma Avenue Atascadero CA 93422 The City of Atascadero reserves the right to reject all bids, or to accept or reject any portion thereof unless otherwise specified by the bidders. 37Z7s .�.t.. �.,, c:� 3 -- y3 BID SUMMARY TO: Mark Markwort Chief, Waste Water Operations FROM: Lee Raboin City Cler BID NO.: 91-13 OPENED : 8/30/91 2:00 p.m. PROJECT: Renovation of Waste Water Lift Station #4 The following bids were received and opened today: Bidder Name, Address & Phone Bid Amount R. Baker, Inc. $49,350.00 P.O. Box 419 Arroyo Grande, CA 93420 489-8711 Nickson's Machine Shop, Inc. Option #1 66,851.00 P.O. Box 5200 Option #2 68,606.00 Santa Maria, CA 934564 Option #3 65,240.00 925-2525 Option #4 67,174.00 As you can see, Nickson' s Machine Shop, Inc. provided four separate bids; I will note that the contractor has attached to each Bid Form a description of material deviations. I will also note that Cal -Maria Engines & Equipment, Inc. out of Santa Maria sent a letter of decline; a copy is provided for your information. Attachments: 5 bids c: Greg Luke, Public Works Director PRODUCER MORR-IS & AARRITANO INSURANCE F.O. DRAWER 11189 SAN LUIS OBISPO, CA 93406 INSURED R. Baker, Inc. P.O. Box 419 Arroyo Grande CA 93421 3/13/92 THIS CERTIFICATE IS ISSUED AS A MATTER OF INIR NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE COMPANIES AFFOR[3ING z COMPANY LETTER A Generali, Eta 1 1; a DERO A -5 COMPANY LETTER II$ Continental Casualty am urmt COMPANY LETTER C; Ing Co of the State of PA I ` BODILY ! COMPANY I LETTER D Northbrook Property & Casualty N .JRY $ $ COMPANY E LETTER THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE Y-- —POLICY EFFECTIVE POLICY NUMBER DATE (MWDD,'YY) POLICY EXPIRATION DATE (MWOOIYY) LIABILITY LIMITS IN THOUSANDS EACH LTR OCCURRENCE AGGREGATE GENERAL LIABILITY I ` BODILY ( N .JRY $ $ COMPREHENSIVE FORM PREMISESIOPERATIONS PROPERTY UNDERGROUND DAMAGE it $ EXPLOSION & COLLAPSE HAZARD I-- -- 100 2400 PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL i CMBiNED $ $ INDEPENDENT CONTRACTORS ILII BROAD FORM PROPERTY DAMAGE I PERSONAL INJURY = i PERSONAL INJURY $ 1440 AUTOMOBILE LIABILITY � � —;3/01/921 "" BODILY NJURY ANY AUTO { (PER PERSON': ) i—� ALL OWNED AUTOS (PRIV_ PASS.)INJURY ALL OWNED AUTOS OTHER THAN (KR ACUDENTI $ !PROPERTY PRIV. PASS HIRED AUTOS DAMAGE $ NON -OWNED AUTOS ! GARAGE LIABILITY i COMBINED $ 1444 I { EXCESS LIABILITY I B? & PD j 2000 $ $ UMBRELLA FORM j COMBINED OTHER THAN UMBRELLA FORM �r�r�� 6 i—�!~:�/ V s / '_ STATUTORY $ 00 (EACH ACCIDENT) WORKERS' COMPENSATION AND a $1000 (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY tl 000 (DISEASE -EACH EMPLOYEE) OTHER I i 1 0• COMMERCIAL LIABILITY CGL --ENDORSEMENTS Insured: R. Baker, Inc. POLICY NUMBER: CB23270 Insurance Company: Generali, Etal COMMERCIAL GENERAL LIABILITY This Endorsement changes the policy. Please read carefully. ADDITIONAL INSURED -- OWNERS, LESSESS OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Atascadero Office of City Clerk 6500 Palma Ave. Atascadero, CA 93422 (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 WORK" OF THAT INSURED BY OR FOR YOU. Re: Renpvation & Equipment Wastewater Pumping Station #4 CG 20 10 11 85 )%001 AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution, as set forth below, by and between R. Baker Inc., hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City." The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and condition: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit All hereby incorporated herein. Contractor shall determine the method, details and means of performing the above -referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business. 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. ,low VAOI 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Contract agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless land indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under or by Contractor or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold -harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE. Contractor shall not commence work under this contract until she/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for iirr✓ Wr✓ personal injury, including death, as well as from claims for property damage which may arise from Contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $500,000 for each accident. (4) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 15 days prior written notice to the other parties to this agreement. ,%W *ANO" 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the fifteen (15) days as set forth in Section 4.01; (5) End of the contract period for which Contractor's service were necessary; or (6) Assignment of this agreement by Contractor without the consent of the city. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACT: Should any party default in the performance of this agreement or materially breach of any of its provisions, a nonbreaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 5.00 SPECIAL PROVISIONS 5.01 LICENSING: The Contractor shall possess a Class A General Engineering Contractor's license at the time this contract is awarded. 5.02 GUARANTEES The Contractor shall furnish two acceptable surety bonds: one for faithful performance and one for labor and materials. The faithful performance and labor/materials guarantees shall be 100 percent each, of the accepted bid. 5.03 PREVAILING WAGE RATE Pursuant to Section 1770, et. seq. of the Labor Code of the State of California, the Director of Industrial Relations of the State of California has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed for each craft or type of worker or mechanic needed to execute the contract which will be awarded to the successful bidder. The prevailing rates are on file in the City Clerk's office in Atascadero, California, and are available to any interested party upon request. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under the contractor, to pay not less than the said specified rates to all laborers, workers and mechanics employed by them in the execution of the contract. 05 6.00 MISCELLANEOUS cm 6.00 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.01 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.02 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it by voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 6.03 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.04 TIME FOR PERFORMANCE: The Contractor shall commence work pursuant to this contract within 7 calendar days from the date specified in the Notice to Proceed, and shall diligently prosecute the same to completion within 10 calendar days from the date of commencement as specified in the Notice to Proceed. Failure of contractor to complete the work within the time allowed will result in damages being sustained by the City of Atascadero. Such damages are and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for the completion of the Work the Contractor shall pay to the City of Atascadero or have withheld from monies due it, the sum of $250.00 unless otherwise provided in the contract. Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party by prevented or delayed by reason any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act NVAOO' rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: City of Atascadero Department of Public Works 6500 Palma Avenue Atascadero, CA 93422 R. Baker Inc. P.O. Box 419 Arroyo Grande, CA 93421 6.06 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.07 BINDING EFFECT: This agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 6.08 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation rule. 6.09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly set forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 1%401 141W 6. 10 TIME: Time is expressly declared to be of the essence of this agreement. 6.11 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.12 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.13 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. Executed on 1991, at Atascadero, California. Greg Auke.)/oVec,�or of, Public Wor Robert R. Baker, Pres Approved As To Form: ry ed s Gay e A si tan City Att rn y EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR 1. Install a 3 -inch diameter conduit from the lift station approximately 300 feet south along Capistrano Avenue to enable connection to PG&E's 3-phase distribution system. Conduit material, depth of cover, pull box location, etc. shall conform to PG&E specifications. 2. By-pass the flow to Lift Station #4 while construction is underway in such a manner as to maintain uninterrupted service to residences and others served by this lift station. 3. Remove the existing, riser pipes, fittings, valves, electrical control panel, and wet well cover. Proper off-site disposal of these materials is the responsibility of the Contractor. 4. Clean and prepare the wet well surface according to manufacturer's coating specifications. Approved concrete coatings are: A. Aquata poxy (American Chemical Corporation) Apply four coats to obtain a 1 mm minimum thickness. B. Concresive 1305 (Adhesive Engineering Company) Apply four coats to obtain a 1 mm minimum thickness. C. Quantum (Polymorphic Polymer's Corporation). Mix with sand aggregate to obtain a thickness of 3.2 mm. D. 120 Vinester (Tnemec Company Incorporated). Provide proper cure time. E. Vinylthane (Allied Coatings Company). Provide and install this coating and liner system. 5. Install new pumps, motors, electrical control panel, pump withdrawal guides and cables, valves, riser piping and fittings, wet well cover and any other miscellaneous hardware or equipment necessary to enable this lift station to be put back into full service. Equipment to be installed is as follows: A. Pumps and motors: Provide and install two EBARA 3 HP submersible vortex sewage pumps with quick discharge connector, model 80DVBEU62.2. ` Now, V400' Provide and install a slide -away coupling consisting of a foot -mounted discharge elbow and adaptor, steel baseplate, upper and lower rail supports, lifting yoke and withdrawal cables. Pump withdrawal cables shall be stainless steel and constructed in two equal sections joined by a stainless steel ring to facilitate the removal of the pumps utilizing a portable boom with a 10 foot hoisting height. B. Electrical Control Panel: Provide and install a Tesco Liquitronic III electrical control panel with the following modifications. Liquid level sensing shall be accomplished using an Ametek submersible pressure transducer model 57 -SN with a sensing range compatible with depth of wet -well. The transducer shall be installed in such a manner as to restrict its movement within the wet well, yet permit easy removal for service from outside the wet well. The control panel shall be mounted in a Tesco 24-200LB service pedestal. A red warning lamp shall be mounted on the pedestal. The warning lamp, as well as an audible alarm, shall automatically activate should a pump fail or in the event of a high or low wet well water level condition. An emergency power receptacle manufactured by Appleton Electric Co., model AR20044, shall also be installed on the service pedestal. C. Piping and Fittings: Pump discharge piping shall be 4 -inch diameter cast iron pipe per AWWA C106-75. Flanged fittings per AWWA C110-77 shall be provided. D. Wet Well Cover: Provide and install a traffic cover designed for a 5 foot inside diameter wet well opening. The wet well cover shall be painted to match the control panel. 6. Replace the discharge piping from the wet well to a point where the two discharge pipes are manifolded together. Provide a water -tight seal at the wet well all penetration. 7. Exposed metal surfaces are to be properly prepared, primed and painted. All equipment not specified shall be replaced with equipment of a quality that is, int he opinion of the City's representative, of comparable or superior quality to that installed in pump station #7. *ANP; „or, EXHIBIT B CONSIDERATION FOR SERVICES Payment for services will be $49,350 as submitted. The City of Atascadero shall, once in each month, cause an estimate in writing to be made by the City Engineer of the total amount of work complete and acceptable, to the time of such estimate, and the value thereof. The City of Atascadero shall retain ten percent (10%) of such estimated value of the work done and shall monthly pay to the contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under provisions of the contract. No such estimate or payment shall be required to be made, when, and in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the contract or when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300.00). No such estimate or payment shall be construed to be an acceptance of any defective or improper material. The remaining ten (10) percent thereof shall be paid Contractor thirty-five (35) days after final acceptance of the work by City. us vo�:l 0 -4 05 Wo10 mmco m j G�Zmm g O a D 0 CD cn z co ` m M 3 O O D 00 w 0 o z m w CD 0 a D > r oCD ��CD a O� D � m 0 Zn w 0 t�7 C C17 7 CD w CD 0 O fN m O � 7� m 0 H a I- 3 CD z O w C H H O 5 o ❑ ® m 0 Z o n m -° -a O m s o q m �. CD o m _a 8 CD 3 { -� w m w CD o CL OL o b w ° ° m in CL S: 6 CD w 0 t- cO- a oi�: o Cr 3 b m< n m m m 3 u° Q o cn CD z o(D o in w 6 cn 6 c 3 o S cw) g CD CD O w CT a� o.� wtri ° m <. o m a mCD o 3CD -o m `G 7 H (� .0 �-0 a ?w -0 m w � a cwi y 5' w m ° �-G a 3 w w om m i 0CD CD 3 ° OL CD w m cDw o CL w m ca 0 o w CD cD 3�, 0 5 CD QCD CD w O ,fir. FIREMAN'S FUND INSURANCE COMPANY Bond No. SC 11127137849 CA THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION PREMIUM: $444.00 w-__ ASSOCIATED INDEMNITY CORPORATION F . moIEMM'S FIM AMERICAN AUTOMOBILE INSURANCE COMPANY •••\�� W:U� HOME OFFICE: SAN FRANCISCO, CALIFORNIA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, R. BAKER, INC. (hereinafter oalled "Principal") as Principal, anti THE AMERICAN INSURANCE COMPANY , a corporation organ- ized and existing under the laws of the State of NEBRASKA and authorized to transact business in the State of CALIFORNIA (hereinafter called "Surety"), as Surety, are held firmly bound unto CITY OF ATASCADERO OFFICE OF THE CITY CLERK (hereinafter called "Obligee"), as Obligee, in the penal sum of FORTY NINE THOUSAND THREE HUNDRED FIFTY AND NO/100 Dollars ($49,350.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 4TH day of OCTOBER , 1991 Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the 30TH day of AUGUST , 1991 for RENOVATION & EQUIPMENT REPLACEMENT 'fOR WASTEWATER PUMPING STATION #4 which contract is hereby referred to and made a part hereof as fully- and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well cnd truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay ov^r, make good and reimburse to the above-named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect. T RI INSURANCE COMPANY By. r�a Attorney -in -Fact PHILIP F. CHEW 360121-8-67 GENERAL' POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY 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 -Fad; with full power and authority hereby conferred in its name, place and stead, to execute, ",acknowledge and deliver any and all bonds, undertaking, recogaizances 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 eonfrming 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. "Ardc;e VID. Appo/aiment and Aat6orhY of Resideat Secretaries, Attoraeysda Fad and Agents to accept I.ega/.Process and Mabe Appearances. Section 45. AppoiatmeaL The Chairman of the Board of Directors, the President, any Vice-Preddent 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 -(a -Fad to represent and ad for and on behalf of the,Corporation and Agents to accept kgal process and make appearances for and on behalf of the Corporation. Section 46. Aathofit .. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad 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 tach 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 _L.S t_ day of .Ti tnP , 19 90 _ THE AMERICAN INSURANCE COMPANY Jtrtr�MCc Com[ By ' Vice President STATE OF CALIFORNIA 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 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. tpuNaswINNNNnuNueNalsmlmNmNmrast ■ = OFFICIAL SEAL _ _ 1. M. VA1+tDEYORT NOTARY PUBLIC -CALIFORNIA Notary Public . fid i¢al Office in Marin County M1 Cemminion fxpirri Aug. 28.1"2 CERTIFICATE �IlttlttlMllrtlttl�flilNtllltlttttlt Nt NllttllrttllW� _ STATE:OF CALIFORNIA. COUNTY OF MARIN ss. 1, the undersigned, Resident Assistant S,-rctary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attacbed POWER OF ATTORNEY remains in full forte and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corlmr._ti;m., and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sczl(Ai zt the C-,unty of Marin. Dated the 41H " day of OCTOBER , 19 91 Resident Assistant SeQctary 3!0711 -TA -6-90 (REI'? [a k $ 2 0 (4 \%\ 0 \ 0mq§ / Cl) k mi/ 9/ ] : fk�m ■ / 9 §g2kr r z CD cn ® §cola ® \ 2 =-a % 2®K. @ za \ 7 \ ( / N --V--" 2 CDD Cl) a g ID o 2@ 0 7 2 » ®\ r» k E/ 7 q 2! ° z q 7 E= E 7 ƒ S 2 \ a § 3 : 3 / j a a /\ = = S d \° § / \ P g ƒ# w ) « e a / f / _ § \ ƒ 2 0 $ [ / % \ \ g 2 \ \ \ \ ° = \ \ m $\ 7/ 7 w § n n 3 & J W0 C ; o CD0 0 \\ E E / % K / « ® C/) \ 2 f @ ƒ ƒ 3 cr ƒ (T (nJ E 2 ] o/ CD § ] k�\ e c k$ 7 i CD �j CL-. \ g R / \ / k cn 0 S - 7 k « S \ / $ $ y f § g £ g » ® 0 } k EL e k # n w y \ / $ E / ^ ) / cr � CD 0 CD CL % C \ \ ( a_ CD = / e @ 5 o r e 7 0 CD \ 7 7 E s ® 7 / \ a x - RM PAYMENT BOND—PUBLIC WORKS Bond No. C- 11127137849 PREMIUM: IS INCLUDED IN PERFORMANCE BOND ® FIREMAN'S FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY FUND NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION KNOW ALL MEN BY THESE PRESENTS: That we, R. BAKER, -INC. as Principal, - and THE AMERICAN INSURANCE COMPANY incorporated under the laws of the State of NEBRASKA and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of FORTY NINE THOUSAND THREE HUNDRED FIFTY AND NO/100. Dollars, ($ 49,350, 00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated AUGUST 30TH , 19 91, with the CITY OF ATASCADERO OFFICE OF THE CITY CLERK, to do the following work, to -wit: RENOVATING $ EQUIPMENT REPLACEMENT FOR WASTEWATER PUMPING STATION #4 Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person 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 assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this i 360099-1-71 4TH day of OCTOBER '1991 BY: X� a Principal THE RI CAN INSURANCE CO -M -PP Vf VSurety,.,,—V -_ By _ PHIL F: Attorney -in -Fact ®AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE COMPANIES HOME OFFICE: SAN FRANCISCO, CALIFORNIA That we, R. BAKER, -INC. as Principal, - and THE AMERICAN INSURANCE COMPANY incorporated under the laws of the State of NEBRASKA and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of FORTY NINE THOUSAND THREE HUNDRED FIFTY AND NO/100. Dollars, ($ 49,350, 00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated AUGUST 30TH , 19 91, with the CITY OF ATASCADERO OFFICE OF THE CITY CLERK, to do the following work, to -wit: RENOVATING $ EQUIPMENT REPLACEMENT FOR WASTEWATER PUMPING STATION #4 Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person 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 assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this i 360099-1-71 4TH day of OCTOBER '1991 BY: X� a Principal THE RI CAN INSURANCE CO -M -PP Vf VSurety,.,,—V -_ By _ PHIL F: Attorney -in -Fact GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY r 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 ?A, 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 -Fad; 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 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, Attoratys4n Fact and Agents to socept Legal Process and Mslre Appeamaces. Section 45. Appolatownt. 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 -Fad to represent and ad 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 -lo -Fact and Agents shall be as prescribed in the inUrument 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 tush 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 may ay 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, TIS AMERICAN INSURANCE COMPANY has caused these presents to be signed by its. Vice -President, and its corporate seal to be hereunto affixed this 1 s Y day of TI to,- , 19 90 _ THE AMERICAN INSURANCE COMPANY f ilii �' f JG*+rC�CO�� By vioe•Ptesidcnt STATE OF CALIFORNIA COUNTY OF MARIN On this lst dayof June 19 90 ,before mepersonally came R. D. Farnsworth 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. tsetntwttttesttttttsuttt+ettattetttmttrntttntntt ■ OFFICIAL SEAL J. M. VANDEVOR7 NOTARY PUBLIC -CALIFORNIA NotaryPub(ic .N i0af Office in Marin County . _ IAr Cammiss;oa Expires Aug. 28.1"2 CERTIFICATE iltrittliatetttttttiwtipt//Hitt 9844!44 H4tlettttifitatti _ - SIATE:OF CALIFORNIA" ss. COUNTY OF MARIN 1, the undersigned, Resident Assistant Sxretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBYCERTIFY 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 Ccrporador, and the Resolution of the Board of Directors; set forth in the Powerof Attorney, are now in force. Signed and seared at the Ccunty of Ma. -in. Dated the 4TH " day of OCTOBER . 19 91 Raidcat Assisuni Ssact+rY 360711 -TA -6-90 (REV) ISSUE DATE (MM/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, MORRIS i GARRITANO INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. DRAWER 1189 COMPANIES AFFORDING COVERAGE SAN LUIS OBISPO, CA 93406 COMPANY A DUA500255136 3/01/91 LETTER COMBINED SINGLE LIMIT Transcontinental Ins. Co. CODE SUB -CODE COMPANY ALL OWNED AUTOS LETTER B Transportation Ins. Co. INSURED COMPANY C LETTER Royal Surplus Lines Ins. Co. COMPANY D R. Baker, Inc. SCHEDULED AUTOS LETTER Northbrook Property b Casualty P.O. BOX 419 BODILY INJURY COMPANY E Arroyo Grande CA 93421-0419 LETTER THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS .TF DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY 00700255135 3/01/91 3/01/92 GENERAL AGGREGATE 000 COMMERCIAL GENERAL LIABILITY P A RE ATE 1000 RECLAIMS MADE OCCUR. A INJURY 1000 OWNER'S a CONTRACTOR'S PROT EACH OCCURRENCE •nnn B AUTOMOBILE LIABILITY ANY AUTO DUA500255136 3/01/91 3/01/92 COMBINED SINGLE LIMIT 1000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PR. PER.) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (PR. ACC.) . PROPERTY GARAGE LIABILITY DAMAGE O EXCESS LIABILITY KHN003209 3/01/91 3/01/92EACH ...................... OCCURRENCE AGGREGATE UMBRELLA FORK OTHER THAN UMBR. FORM 2000 2000 D WORKERS' COMPENSATION NC0000322 3/01/91 3/01/92 STATUTORY (EACH ACCIDENT) 1000 AND EMPLOYERS' LIABILITY 1000 (DISEASE-POL. LIM.) 1000 (DISEASE -EA. EMPL.) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Res Renovation i Equipment Wastewater Pumping Station /4 - Additional insured Fora 8CG2010 Attached 10 day notice of cancellation for non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Atascadero EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Office of City Clerk MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 6500 Palma Avenue LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Atascadero, CA 93422 LIABILITY OF ANIkKIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR IZ��EPRESE I V i in *40v *i COMMERCIAL LIABILITY CGL --ENDORSEMENTS Insured: R. Baker POLICY NUMBER: C0700255135 Insurance Company: CNA COMMERCIAL GENERAL LIABILITY This Endorsement changes the policy. Please read carefully. ADDITIONAL INSURED -- OWNERS, LESSESS OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Atascadero Office of City Clerk 6500 Palma Avenue Atascadero, CA 93422 (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 WORK" OF THAT INSURED BY OR FOR YOU. Re: Renovation & Equipment Wastewater Pumping Station #t4 CG 20 10 11 85