HomeMy WebLinkAboutAgr 2008-01-18 (Republic Electric ITS)
TOWN OF TIBURON
TIBURON, CALIFORNIA
OWNER-CONTRACTOR AGREEMENT
DOWNTOWN STREET LIGHT FIXTURE REPLACEMENT PROJECT
1'~
THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this \ Y day
of ~"I'<~ ' 2001., by and between the TOWN OF TIBURON, a municipal corporation, 1505
Tiburon Boule ard, Tlburon, CA 94920, ("Owner"), and REPUBLIC ITS, 371 Bel Mann Keys Blvd., SUIte
200, Novato, CA 94949 ("Contractor").
In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner
hereby agree as follows:
ARTICLE I
WORK DESCRIPTION
The Contractor shall do all the work and furnish all the labor, services and materials necessary to complete the
work described in the Contractor's Bid Proposal attached as Exhibit A ("Work"). The Contractor shall
complete the Work in a good, workmanlike and substantial manner, to the satisfaction of Owner and in
accordance with the terms of this Agreement and the Town's encroachment permit.
ARTICLE II
CONTRACT SUM
Contractor's compensation under this Agreement shall be known as the Contract Sum. The Contract Sum shall
be a not-to-exceed amount of$56.330.00 as full compensation for the Work. All payments shall be subject to
the General Conditions, set forth in Exhibit B.
ARTICLE III
TIME FOR PERFORMANCE
Contractor shall commence performance of the Work on a date to be specified by Owner to Contractor to
proceed ("Notice to Proceed"). Contractor shall diligently proceed with performance of the Work and agrees
to achieve Completion of the entire Work by March 31. 2008 after receiving the Notice to Proceed
("Scheduled Completion Date").
ARTICLE IV
EXHIBITS
This Contract includes the following Exhibits, which are attached hereto and incorporated herein by
reference:
Exhibit A
The Work (Contractor's Work Proposal not inclusive of terms
and conditions)
General Conditions
Exhibit B
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and
year first herein above written.
TOWN OF TmURON
APPROVED AS TO FORM:
BY~
Margaret A. C an, Town Manager
By ~?~
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Ann R. Danforth, Town Attorney
CONTRACTOR: REPUBLIC ITS
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Contractor's License No. b Lf'L rS Y
Expiration Date: b /30 ! b '6
Republic ITS - Downtown Streetlight Replacement
2
EXHIBIT A
CONTRACTOR'S PROPOSAL
( attached)
Republic ITS - Downtown Streetlight Replacement
3
li1XHIHIT
A
NOTICE TO CONTRACTORS
THE TOWN OF TIBURON INVITES BID PROPOSALS TO BE RECEIVED AT
THE TIBURON TOWN HALL, DUE THURSDAY, NOV.1STH, 2007 AT 2 PM
PROJECT - Furnish all labor and material for both the removal of the thirty one
(31) existing street light ClXtures and the installation of thirty two (32) new Lumec
street light Clxtures with arms on existing street light poles on Tiburon Boulevard in
downtown Tiburon. One (1) Lumec street light already exists but needs arm
modification. The existing street light ClXtures are to remain the property of the
Town and are to be taken to Public Works Corporation Yard approximately one
mile away.
Contractor must:
1) Possess a valid Class "A" or "C-1 0" license.
2) Obtain a Town of Tiburon business license upon Project Contract execution.
3) Provide liability and automobile insurance with Project Contract per the attached
requirements.
4) Utilize general prevailing wage rates in Marin County, CA
5) Execute Project Contract with Town.
Town will not require 10% bidders bond with Bid Proposal. Town will require 100%
performance bond and payment bond with Project Contract. Sample performance and
payment bonds are attached. Town will obtain any necessary State Highway ,
encroachment permit and pay all fees associated therein.
Work to be started after Xmas/New Years Holidays and completed by Aprill, 2008.
Town will make a progress payment for any manufacturer required 'street light & arm
order deposit and pay balance of contract upon complete installation and satisfactory
testing of 34 street light system (one of the street lights to be held in reserve at
Corporation Yard for "knockdowns").
SPECIFICATIONS
Remove 31 existing street lights, without damaging existing wiring, as directed by Town'
representative and take to Town Corporation Yard.
Furnish and install thirty two (32) Omega Lumec DMS50-SE-SLG fixtures and 22 pole
arms on twelve (12) single light poles and ten (10) double light poles. All fixtures will
use 100 watt high pressure sodium (HPS) lamps.
Aforementioned 32 street light fixtures to be mounted on existing street light poles as
follows:
· On twelve (12) two foot MM-IA-COLTX arms (single light poles)
. On ten (10) double two foot MM-2-COLTX arms (double light poles)
Furnish only, for "knockdown" purposes, one (1) Omega Lumec DMS50-SE-SLG fixture
and one (1) two foot MM~lA-COLTX arm and one (I)-double two foot MM-2-COLTX
arm.
1
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Enclosed is the street light fixture and arm illustration. The Town of Tiburon is working
with the Lumec manufacturer to eliminate the scroll member in the production of the arm
(see Exhibit-B) so the final product will appear as shown in Exhibit A. Please bid street
light arm as standard arm (Exhibit B) and Town will accept obligation for any adjustment
in .price to eliminate the scroll member.
Color of street light fixture and arm to match existing 23 poles (black). Existing banner
bands on existing poles to remain intact.
Contractor to provide traffic control and construction area signage as required in State
encroachment permit of as directed by Town.
Lumec Contact Information
John Benson, Lumec Sales Representative
Associated Lighting Reps., Inc.
8480 Enterprise Way
Oakland CA 94621
510-638-3800 ext. 183 FAX 510-638-3800
iohnbenson@alrinc.com
cell 510-385-4426
Bidder Informati<m1) t1'I\ \ r
Name of Bidder: ~.."\l.b " c tl" ~
Business P. O. Box: V\. ( C\
Town, State, ZIP: 11\ [ ~
Business Street Address: 31 \ 6e \ MaX-I'(\. \::.. -e~ ~ 13 \ \J d )* 20 0
Town, State, ZIP: ND \jQto '. (I\. 9 '-\-9t+~
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Telephone No: Area Code ~\~ ~~ l\.- 3 000
FAX No: Area Code (I{\$ Z <b 4- L\-'b aD
Contractor License No: b 4-1 \ ?Lt
Town of Tiburon contact information
Nicholas T. Nguyen, Director of Public Works/Town Engineer
Town of Tiburon, 1505 Tiburon Blvd., Tiburon CA 94920
415-435-7388 nnguyen@cLtiburon.ca.us
Al Petrie, Consultant - Engineering Services
415-435-7359 or cell 707-974-9193 apetrie@cLtiburon.ca.us
2
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BID PROPOSAL
The contractor agrees to accept payment, in full therefore, at the following prices to wit.
ITEM DESCRIPTION QTY UNIT UNIT TOTAL
PRICE PRICE
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1 Mobilization and Traffic Control and Signage 1 LS ""1 L-.. ...-". ,Y... ,n,,, ""n..-
.
2 Remove existing street light fixtures and arms 31 each 90- q~D -
3 Furnish/install Omega Lumec DMS50-SE-SLG fixturesllamp 32 each { 100 - 35,2D 0-
4 Furnish/install two foot MM-1A-COL TX arm 12 each ~(-) - ~i 000 -
5 Furnish/install double two foot MM-2-COL TX arm 10 each "'7~O - -t 000 -
L
6 Remove scrolling from existing street light arm 1 each I () (J ...- (DO -
7 Furnish only - Omega Lumec DMS50-SE-SLG fixturellamp 1 each I, OO() - ~()()O-
8 Furnish only - two foot MM-!A-COL TX arm 1 each LI~- lJrO -
9 Furnish only - double two foot MM-2-COL TX arm 1 each CSO- 6 ~o --
l
TOTAL B,ID ~ r I ~~"'_
II ,-/ - -
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SIGNATUBE::: ~J 1+-' ~f'I .Je{n.v\
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NAME ... J(l rY"'P,,--c... ~ " 'N U crn-u
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COMPANY k'P'DlJ\n\,( \ \~
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DATE II ! 1'+1 0 1 TIME L;. 00'Pt'V\
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In the case of any discrepancies between unit prices and totals,
the unit price shall prevail.
By my signature herein, I understand that it is the intention of the
Town to award to the lowest responsible bidder and the lowest
responsible bidder has a responsibility to perform the contract.
NOTE
. COMPLETE BID PROPOSAL PACKAGE MUST INCLUDE THE FOLLOWING:
1) THIS BID PROPOSAL I I
2) NOTICE TO CONTRACTORS (2 pages) WITH BIDDER INFORMATION FILLED IN.
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Luminaire DMSSO-100HPS-SCB3M-QT A/120-BKTX-LMSS0168A
Description of Components:
Hood: A die cast A360. 1 aluminum dome complete with a cast-in technical ring with latch and hinge. The mechanism shall
offer toolfree access to the inside of the luminaire. An embedded memory-retentive gasket shall ensure weatherproofing.
Skirt: A die cast A360 aluminum skirt complete with a cast-in technical ring.
Lens: Clear tempered glass C4rved lens, mechanically assembled on the lower part of the technical ring with brackets.
Housing: In a round shape, this housing is made of cast 356 aluminum, cIw a watertight grommet, mechanically assembled
to the bracket with four bolts 3/8-16 UNC. This suspension system permits for a full rotation of the luminaire in 90 degree
increments.
Lamp: (not included), 100 Watt High Pressure Sodium (ANSI Code S54), ED 23 1/2 bulb, mogul base.
Optical System: (SCB3M), I.E.S. type III cut-off (asymmetrical). Smartseal system, composed of brightened anodized
aluminum hydroformed reflector, permanently assembled on a sag lens. Weathertightness IP66 rating.
Ballast: High power factor of 90%. Primary voltage 120/208/240/277 volts, connected to 120 volts. Lamp starting capacity
-40F(-40C) degrees. Assembled on a unitized removable tray with quick disconnect plug.
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Description of Components:
Arm: Made from 2 3/8io. (60mm) outside diameter aluminum tubing, welded. 4- "
Central Adaptor: Made of aluminum 6061-T6, 3 1/2" (89mm) outside diameter. Slip-fits 9" (152mm) over a 3" (76mm )
outside diameter pole tenon'!, Mechanically fastened by four 3/8-16 UNC set-screws at 90 degrees around the bracket.
Bracket Options: (PH8/120),PH8 twist lock type ph~tocell, 120 volt cJw receptacle.
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Tiburon City of (51780)
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Miscellaneous
Description of Components:
Wiring: Gauge (#14) TEW wires, 6" (152mm) minimum exceeding top of the bracket.
Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made and/or lined with EPDM
and/or silicone.
Finish: Color to be black textured (BKTX). Application of a polyester powder coat paint. (4 mils/100 microns). The chemical
composition provides a highly durable UV and salt spray resistant finish in accordance to the ASTM-B 117-73 standard and
humidity proof in accordance to the ASTM-D2247-68 standard.
Note: Important: The pole manufacturer must make sure that the pole tenon is strong enough to support the
assembly.
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Description of Components:
Hood: A die cast A360.1 aluminum dome complete with a cast-in technical ring with latch and hinge. The mechanism shall
offer toolfree access to the inside of the luminaire. An embedded memory-retentive gasket shall ensure weatherproofing.
Skirt: A die cast A360 aluminum skirt complete with a cast-in technical ring.
Lens: Clear tempered glass c~rved lens, mechanically assembled on the lower part of the technical ring with brackets.
Housing: In a round shape, this housing is made of cast 356 aluminum, cIw a watertight grommet, mechanically assembled
to the bracket with four bolts 3/8-16 UNC. This suspension system permits for a full rotation of the luminaire in 90 degree
increments.
Lamp: (not included), 100 Watt High Pressure Sodium (ANSI Code 554), ED 23 1/2 bulb, mogul base.
Optical System: (SCB3M), I.E.S. type III cut-off (asymmetrical). Smartseal system, composed of brightened anodized
aluminum hydroformed reflector, permanently assembled on a sag lens. Weathertightness IP66 rating.
Ballast: High power factor of 90%. Primary voltage 120/208/240/277 volts, connected to 120 volts. Lamp starting capacity
-40F(-40C) degrees. Assembled on a unitized removable tray with quick disconnect plug.
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11-14-2007
Page 1 I 3
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Description of Components:
Arm: Made from 2 3/8in. (60mm) outside diameter aluminum tubing, welded.
4-"
Central Adaptor: Made of aluminum 6061-T6, 3 1/2" (89mm) outside diameter. Slip-fits 9" (152mm) over a 3" (76mm )
outside diameter pole tenon.>Mechanically fastened by four 3/8-16 UNC set-screws at 90 degrees around the bracket.
Bracket Options: (PH81120), PH8 twist lock type photocell, 120 volt c/w receptacle.
,uronPH8twn
(Jo 11-14-2007
~ Page 2/3/
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Tiburon City of (51780)
640, Cure-Boivin
Boisbriand (Quebec)
Canada, J7G '2A7
Miscellaneous
Description of Components:
Wiring: Gauge (#14) TEW wires, 6" (152mm) minimum exceeding top of the bracket.
Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made and/or lined with EPDM
and/or silicone.
Finish: Color to be black textured (BKTX). Application of a polyester powder coat paint. (4 mils/100 microns). The chemical
composition provides a highly durable UV and salt spray resistant finish in accordance to the ASTM-B117-73 standard and
humidity proof in accordance to the ASTM-D2247-68 standard.
Note: Important: The pole manufacturer must make sure that the pole tenon Is strong enough to support the
assembly.
tiburonPH8twn
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11-14-2007
Page 3 I 3
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EXHIBIT B
GENERAL CONDITIONS
ARTICLE 1
IN GENERAL
1.1 DEFINITIONS
1.1.1 "Director" shall mean the Owner's Director of Public Works or his designee.
1.1.2 "Owner" shall mean the Town of Tiburon, and its officials, agents and employees.
1.1.3 "Contractor" shall mean (contractor name) Republic ITS and its officials, agents, and employees.
1.104 "Day" shall mean working day unless specifically designated otherwise.
1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by
events to the extent that such events are not reasonable foreseeable and are beyond the reasonable control of
Contractor, such as fITe, flood, earthquake or unusually and unforeseeably severe and abnormal weather
conditions, war, embargo, or sabotage.
1.2 CONTRACT CONDITIONS
The Contractor shall carefully study this Contract and shall at once report in writing to the Owner any error,
inconsistency, omission or lack of coordination that may be discovered. Any discrepancies between this
Contract and conditions of the Site, or in the layout given by stakes, points or instructions, discovered by the
Contractor shall be promptly brought to the attention of the Owner.
1.3 PERFORMANCE OF THE WORK
1.3. 1 The Owner shall at all times 4ave access to the Work.
1.3.2 At the time the contract is awarded, all contractors and subcontractors shall be properly
licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code.
At the commencement of work, all contractors and subcontractors shall have obtained business licenses from
the Town of Tiburon.
1.3.3 Unless otherwise provided in this Contract, the Contractor shall provide, pay for and be
responsible for all labor and materials necessary for the proper execution of the Work. The Contractor shall
supervise and direct the Work, using the best skill and attention necessary for a contractor experienced and
expert in this type of construction. The Contractor shall employ only persons skilled in the task assigned to
them and only machinery and equipment of suitable capacity to the task, and operated by an experienced
operator. The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's
employees, subcontractors and their agents and employees. Notwithstanding the forgoing, nothing in this
Contract shall be interpreted to make the Contractor an agent of the Owner.
1.3 A The Contractor shall promptly correct all Work rejected by the Owner as defective or as failing
to conform to this Contract. The Contractor shall bear all costs of correcting such Work. If the Contractor
does not, within five (5) days after receipt of written notice from the Owner, commence and diligently
complete correction of any deficient or nonconforming Work, the Owner may, without prejudice to any other
Republic ITS - Downtown Streetlight Replacement
4
remedy the Owner may have, correct such deficiencies. The Owner shall be entitled to a credit for the cost of
such correction against the Contract Sum.
1.3.5 The Owner reserves the right to perform work related to the Work with the Owner's own
forces, and to award separate contracts in connection with other portions of the Work or other work on the Site.
The Owner and the Contractor shall provide for the coordination of the work. The Contractor shall afford the
Owner and separate contractor's reasonable opportunity for the introduction and storage of their materials and
equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required
by this Contract.
1.4 INDEMNIFICA TION
Contractor shall defend, indemnify and hold harmless Owner from any claims or damages, including attorney's
fees, arising from Contractor's performance of this Agreement, with the exception of those claims or damages
arising from the active negligence of Owner. In the event that the Owner's active negligence accounts for only
a percentage of the liability involve, the obligation of Contractor will be for that portion or percentage of
liability not attributable to the active negligence of Owner.
1.5 USE OF SUBCONTRACTS AND OTHER CONTRACTS FOR THE WORK
Contractor shall comply with the California Subletting and Subcontracting Fair Practices Act, Cal. Pub. Contr.
Code 33 4104 - 4114.1 in the use and substitution of subcontractors.
1.6 CHANGE ORDERS
1.6.1 A Change Order is a written order to the Contractor signed by the Owner and authorizing a
change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum
and the Scheduled Completion Date may be changed only by specific Change Order. Adjustments of Contract
Time, Work or Sum may be issued without notice to Sureties, and absence of such notice shall not relieve the
Sureties of any responsibilities.
1.6.2 The Owner, without invalidating the Contract, may order changes in the Work within the
general scope of the Contract Change Order. The cost or credit to the Owner resulting from a change in the
work shall be determined, at the Owner's option, by mutual agreement between the Owner and Contractor, or
on the basis of time and material actually and properly incurred, plus a twenty percentage fee for profit and
overhead.
1.7 TERMINATION OF THE CONTRACT
1.7.1 If the Contractor becomes bankrupt or insolvent or is guilty of a substantial violation of a
provision of this Contract, and fails within five (5) days after receipt of notice to commence and continue
correction of such default with diligence and promptness, the Owner may, without prejudice to any other
remedy the Owner may have, terminate the employment of the Contractor and take possession of the Site and
of all materials and equipment thereon owned by the Contractor as necessary to complete the Work.
1.7.2 The Owner may terminate the performance of the Work in whole or in part, whenever the
Owner determines that such termination is in the best interests of the Owner. Any such termination shall be
effected by delivery to the Contractor of a notice of termination specifying the extent to which the performance
of the Work is terminated, and the date upon which termination becomes effective. Upon such termination for
convenience, Contractor shall stop all Work and be entitled to reasonable compensation for Work performed
and accepted under this Contract.
Republic ITS ~ Downtown Streetlight Replacement
5
ARTICLE 2
PAYMENTS AND COMPLETION
2.1 PAYMENTS
2.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments thereto, is
the total amount payable by the Owner to the Contractor for the performance of the Work under this Contract.
2.1.2 The Contractor shall submit monthly invoices for Work completed, for the review and
approval of the Director or his representative. Within 20 days of receipt of each invoice, the Owner shall either
approve the Work covered by the invoice or advise Contractor of the specific deficiencies that must be
corrected prior to approval. Upon approval of the Work covered by the invoice, Owner pay shall ninety
percent (90%) of the amount due. Retained percentages are for the sole protection and benefit of the Owner
and no other person, firm or corporation shall be entitled to receive any part thereof. Contractor shall have the
option of substituting acceptable securities for the ten percent (10%) retention, as provided by Public Contract
Code.3 22300. Alternatively, Contractor may submit a lump sum invoice for the total work cost upon final
completion.
2.1.3 No payment shall constitute an acceptance of any Work not in accordance with this Contract.
The Contractor warrants that title to all components of the Work will pass to the Owner either by incorporation
in the construction or upon receipt of payment by the Contractor, whichever occurs frrst, free and clear of all
liens, claims, security interests or encumbrances of any kind.
2.1.4 The Owner may withhold payment in whole or in part if the Contractor fails to perform its
contractual obligations to the extent necessary to protect the Owner from damage, injury or loss. Without
limiting the foregoing, Owner may without payment as necessary to correct defective Work not remedied;
defend from existing or likely third-party claims, remedy the failure or likely failure of payments to
subcontractors, or for labor, materials or equipment; or damage to the Owner or another contractor.
2.1.5 The Contractor following receipt of payment by the Owner shall promptly pay each
subcontractor, out of the amount paid to the Contractor on account of such subcontractor's Work, the amount to
which said subcontractor is entitled. The Contractor shall, by an appropriate agreement with each
subcontractor, require each subcontractor to make payments to their sub-subcontractors in similar manner. The
Owner shall have no obligation to payor to see to the payment of any monies to any subcontractor or sub-
subcontractor.
2.2 FINAL PAYMENT
2.2.1 Upon Final Completion of the Work, Owner shall pay Contractor the final payment and any
remaining retainage. Notwithstanding the foregoing, in the event of a dispute between Contractor and the
Owner, the Owner may withhold from the fmal payment an amount not to exceed 150% of the disputed
amount. No payment shall be construed to be an approval or acceptance of any defect in Work or improper
materials.
2.2.2 Prior to fmal payment, ifrequested by Owner, Contractor shall submit a written certification
that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which
the Owner or the Owner's property might in any way be responsible, have been paid or otherwise satisfied, and
if required by the Owner, other data establishing payment or satisfaction of all such obligations to Owner's
satisfaction.
Republic ITS - Downtown Streetlight Replacement
6
2.2.3 Acceptance by the Contractor offmal payment shall be and shall operate as a release to Owner
of and from any and all other claims, causes of action, damages or liabilities, whether or not known or
suspected, which Contractor ever had or claims to have had relating to this Contract or the performance of the
Work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any
obligations under this contract for the Contractor's bond for faithful performance and Contractor's payment
bond.
2.3 DELAYS AND EXTENSIONS
2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the Contractor
is actually prevented from completing the Work before the Scheduled Completion Date because of an
Excusable Delay.
2.3.2 In the event that Contractor is actually delayed on the performance of the Work by any
Excusable Delay and because of said Delay is unable to complete the work by the Scheduled Completion Date,
Contractor's sole remedy shall be an extension of time for a period equal to the length of such Excusable
Delay. In no event shall it be entitled to a monetary payment over and beyond the Contract Sum. Actual
delays in activities that do not prevent the Contractor from completing the work by the Scheduled Completion
Date will not constitute an "Excusable Delay" nor be a basis for changing the Scheduled Completion Date.
2.4 GUARANTEE
Independent of applicable manufacturers' warranties of materials used, for a period of one (1) year after
acceptance by the Owner, the Contractor shall guarantee all work performed under this contract. Any
failure caused by defective materials or workmanship shall be promptly repaired or replaced at the
Contractor's expense. Failure of the Contractor to make such corrections will cause the Town to make or
have made any necessary repairs at the Contractor's expense. The warranty period starts when a notice of
completion is filed with the County or when final payment is made if a notice is not filed.
ARTICLE 3
WORK MANAGEMENT RESPONSffiILITIES
3.1 SAFETY PRECAUTIONS AND PUBLIC CONVENIENCE
3.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. This duty shall extend, without limitation, to the
safety of all employees on the Work and all other persons who may be affected thereby; all the Work and all
materials and equipment to be incorporated therein; other property at the Site or adjacentthereto, and the work
of the Owner or other separate contractors. Without limiting the foregoing, Contractor, not Owner, shall
remain fully responsible for the disposition and the exposure to persons of materials, whether or not hazardous.
Contractor remains fully responsible for the handling of and the removal of products and systems and shall
take necessary measures to protect employees, subcontractors, general public, design consultants and others.
3.1.2 The Contractor shall so conduct his operations as to offer the least possible obstruction and
inconvenience to the public. The Contractor shall provide for the convenience of abutting owners along the
right-of-way as far as practicable. No material or equipment shall be stored where it will interfere with the
free, safe, and convenient passage of public traffic.
3.2 SITE MANAGEMENT AND CLEAN UP
The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and this
Contract, and shall not unreasonably encumber the Site with any materials or equipment. The Contractor shall
Republic ITS - Downtown Streetlight Replacement
7
keep the Site free from accumulation of waste material or rubbish caused by his operations under the Contract.
At completion of the daily work, the Contractor shall remove from and about the Work such waste and
rubbish, and the Contractor's tools, construction machinery, equipment, surplus materials and other property.
Good and reasonable house-keeping practices shall be applied at the end of each working day, as approved by
the Owner.
ARTICLE 4
INSURANCE
4.1 CONTRACTOR'S LIABILITY INSURANCE
Contractor shall provide and maintain insurance as set forth in this Article on behalf of the Owner.
4.1.1 Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No.
CG 00 01 11 85 or 88 or equivalent. Policy limits shall be no less than one million dollars per occurrence for
all coverages and two million dollars general aggregate. Owner and its employees and agents shall be added as
additional insured using ISO form CG 70 57 (03-96) or equivalent. Coverage shall apply on a primary, non-
contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Owner or
any employee or agent of Owner. Coverage shall not be limited to the vicarious liability or supervisory role of
any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no
endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion,
collapse, underground property damage or employment-related practices.
4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA 00 01 06
92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per accident. This policy
shall be scheduled as underlying insurance to any umbrella policy required above for a total limit of no less
than five million dollars each accident.
4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation statutory
benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or
disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Owner.
4.1.4
Contractor and Owner further agree as follows:
4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of
the policies involved, available or applicable. Requirements of specific coverage features or limits contained in
this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers authorized to
do business in the State of California and with a minimum ABest's Insurance Guide rating of AA:VII. Self-
insurance will not be considered to comply with these insurance specifications.
4.1.4.3 Contractor shall provide evidence of the insurance required herein, satisfactory to Owner, consisting of
certificate( s) of insurance evidencing all of the coverages required and an additional insured endorsement to
Contractor's general liability and umbrella liability policies using ISO form CG 70 57 (03-96) or similar prior
to commencing work under this Contract. Certificate(s) are to reflect that the insurer will provide 30 days
notice of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to
Republic ITS - Downtown Streetlight Replacement
8
delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes
no obligation.
4.1.4.4 Contractor shall require all subcontractors or other parties hired for this Work to purchase and maintain
insurance of the type specified above naming as additional insureds all parties to this Contract. Contractor
shall make reasonable efforts to ensure that such coverage is provided as required here.
4.1.4.5 Contractor shall provide immediate notice to Owner of any claim or loss against Contractor that
includes Owner as a defendant. Owner assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling or any such claim or claims if they are likely to involve Owner.
4.1.4.6 In the event of any loss that is not insured due to the failure of Contractor to comply with these
requirements, Contractor shall be personally responsible for any an all losses, claims, suits, damages, defense
obligations and liability of any kind attributed to Owner as a result of such failure.
4.1.4.7 Contractor shall not attempt to avoid its defense and indemnity obligations to Owner by using as a
defense Contractor's statutory immunity under workers compensation and similar statutes.
4.1.4.8 Contractor shall ensure that coverage provided to meet these requirements is applicable separately to
each insured and that there will be no cross liability exclusions that preclude coverage for suits between
Contractor and Owner or between Owner and any other insured or Named Insured under the policy, or between
Owner and any party associated with Owner.
4.2 OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
4.2.1
General Liability and Automobile Liability Coverages
4.2.1.1 The Owner is to be covered as insureds as respects: liability arising out of activities performed by or
on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or
used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the Owner.
4.2.1.2 The Contractor's insurance coverage shall be primary insurance as respects the Owner. Any insurance
or self-insurance maintained by the Owner shall be excess of the Contractor's insurance and shall not contribute
with it.
4.2.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to
the Owner.
4.2.1.4 Coverage shall state that the Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4.2.2 Each insurance policy required by this clause shall be endorsed to ~tate that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written
notice by has been given to the Owner.
4.3 SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and
endorsements for each subcontractor.
Republic ITS - Downtown Streetlight Replacement
9
ARTICLE 5
PREVAILING WAGE REQUIREMENTS
5.1 GENERAL REQUIREMENTS
5.1.1 The Contractor shall forfeit as penalty to the Owner $50.00 for each calendar day or portion
thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such
workman is employed for any work done under the Contract by him or by any subcontractor under him, in
violation of the provisions of the Labor Code of the State of California, and in particular, Section 1770 to 1780
thereof, inclusive. The general rate of prevailing wages is on file in the Owner's offices.
5.1.2 The holidays upon which such rates shall be paid shall be all holidays recognized in the
collective bargaining agreement applicable to the particular craft, classification or type of workman employed
on the Work. The difference between such stipulated prevailing wage rates and the amount paid to each
workman for each calendar day or portion thereof for which each workman was paid less than the stipulated
prevailing wage rate shall be paid to each workman by the Contractor pursuant to the requirements of Section
1775 of the Labor Code of the State of California.
5.1.3 The Owner will not recognize any claim for additional compensation because of the payment
by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract.
5.104 Notwithstanding any other provision of the Contract to the contrary, the general prevailing rate
of wages in this locality for each craft, classification, or type of workman needed to execute the Contract for
the Work (which rate includes employer payments for health and welfare, vacation, pension, travel time, and
subsistence pay as provided for in Section 1773.8 of the Labor Code of the State of California, apprenticeship
or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to
the work to be done for straight time, overtime, Saturday, Sunday and holiday work is that ascertained by the
Director of the Department of Industrial Relations of the State of California and determined by the Town,
which said rates are made a part hereof, incorporated herein by reference as though fully set forth. The
holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of
the particular craft, classification or type of workman employed on the Work.
5.1.5 Attention is directed to the provisions of Section 1777.5 and 1777.6 of the California Labor
Code concerning the employment of apprentices by the Contractor or any subcontractor. The Contractor and
any subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of
apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship Standards
and its branch offices.
5.1.6 The Contractor shall make such travel and subsistence payments to each workman needed to
execute the Work as are established in the applicable collective bargaining agreements filed in accordance with
Section 1773.8 of the California Labor Code.
5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing the
name, address, social security number, work classification, straight time and overtime hours worked each day
and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee
employed by the Contractor or subcontractor in connection with the Work. The payroll records shall be kept in
accordance with the provisions of Section 1776 of the California Labor Code and Contractor and each
subcontractor shall otherwise comply with all requirements of such Section 1776.
Republic ITS - Downtown Streetlight Replacement
10
5.2 HOURS OF LABOR
The Contractor shall forfeit to the Owner, as a penalty, the sum of Twenty-five Dollars ($25.00) for each
workman employed in the execution of the Contract for each calendar day during which such laborer, workman
or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of
Sections 1810 to 1816, inclusive, of the Labor Code of the State of California.
ARTICLE 6
DISPUTE RESOLUTION
6.1 MEDIATION
The parties will make a good faith attempt to resolve any disputes arising from this Agreement through
mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the
costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of
five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS
and the mediator thereafter remaining shall hear the dispute.
6.2 ARBITRA TION
Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association currently in effect. A demand for arbitration shall be made within 30 days after the Claim has
arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based
on such Claim would be barred by the applicable statute of limitations. The award rendered by the arbitrator or
arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
7.1.1 The Contract shall be governed by the law of the place where the Work is located. The
Contractor shall conform to and abide by all local, state and federal building, sanitary, health and safety laws,
rules, and regulations, including all Town ordinances and regulations.
7.1.2 All Contractors and subcontractors employed upon the Work shall and will be required to
conform to the provisions of the Labor Code of the State of California, and shall also comply with all rules,
regulations and Labor Laws of the federal government and the various acts amendatory and supplementary
thereto, and all other laws, ordinances and legal requirements. Without limiting the foregoing, Contractor, will
comply with applicable 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 of that Code.
7.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor, respectively, bind themselves, their partners, successors and assigns to this
Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
Republic ITS - Downtown Streetlight Replacement
11
7.3 RIGHTS AND REMEDIES
The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be
in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by the Owner shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
7.4 PENALTY FOR COLLUSION
If, at any time, it is determined by the Town that the person, fIrm or corporation to whom the Contract has been
awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be
null and void, and the Contractor and his sureties shall be liable for loss or damage which the Owner may
suffer thereby, and the Owner may advertise for new bids for said work.
7.5 EQUAL OPPORTUNITY
Contractor shall comply with the provisions of Section 1735 of the Labor Code of the State of California,
which provides as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of
such persons except as provided in Section 12940 of the Government Code, and every contractor for public
works violating this section is subject to all the penalties imposed for a violation of this chapter."
END OF GENERAL CONDITIONS
Republic ITS - Downtown Streetlight Replacement
12
ACORQ" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDD/YYYY)
12/12/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Woodruff-Sawyer & CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
220 Bush St., 7th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco CA 94104
(415) 391-2141 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: National Union Fire Insurance Company of Pittsburgh, PA 19445
Republic ITS INSURER B: Old Republic General Insurance Corporation 24139
371 Bel Marin Keys Blvd #200 INSURER C:
Novato, CA 94949-5699
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~~ POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR POLICY NUMBER
B X GENERAL LIABILITY AICG49560701 1 % 1/2007 1 % 1/2008 EACH OCCURRENCE $ 1.000.000
r--- ~~~~~~J9E~~;~nCe)
X COMMERCIAL GENERAL LIABILITY $ 300.000
r--- ~ CLAIMS MADE [KJ OCCUR MED EXP (Anyone person) $ 5000
PERSONAL & ADV INJURY $ 1.000 000
r---
GENERAL AGGREGATE $ 2.000 000
r---
n'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPJOP AGG $ 2.000.000
POLICY rxl ~f'RT n LOC
AUTOMOBILE LIABILITY AICA49560701 10/01/2007 10/01/2008 COMBINED SINGLE LIMIT 1,000,000
B I--- $
X ANY AUTO (Ea accident)
r---
r--- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
I---
eX HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
I--- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESs/UMBRELLA LIABILITY BE5691371 EACH OCCURRENCE $ 5.000.000
A [RJ OCCUR D CLAIMS MADE 1 % 1/2007 1 % 1/2008 AGGREGATE $ 5.000.000
$
R DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND AICW49560702 1 % 1/2007 1 % 1/2008 X I T~~~I~~~s I IOJ~-
EMPLOYERS' LIABILITY $ 1.000.000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $ 1.000.000
~~~~I~tS~~~V!~~crNS below E,L. DISEASE - POLICY LIMIT $ 1 000.000
OTHER $
$
$
DESCRIPTION OF OPERATIONS J LOCATIONS J VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
Downtown Tiburon Streetlight Replacement Project. The Town ofTiburon & their employees & agents are named additional insured per form CG20 1011
85 attached. Coverage is primary and non-contributory per form CGEN GN0029 09 06 attached. Separation of the insureds applies. A Waiver of
subrogation applies per form WC 99 03 15 09 06 attached.
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
CANCELLATION 10 Day Notice for Non-Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ~MAlL 1L DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,~
~X~~NNM!JI(~~Xi~X~>><<x!~J@(~J{J~Kq(rKKOO)
~
AUTHORIZED REPRESENT VE
@ ACORD CORPORATION 1988
CERTIFICATE HOLDER
LOAN #:
ACORD 25 (2001/08) 10 #:
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
POLICY NUMBER: AICG49560701 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: Republic ITS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS [Form B]
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization: Any person or organization to which you are obligated by virtue of a written
contract to provide insurance such is afforded by this policy, but with respects to (1) occurrence taking place after
such written contract has been executed and (2) occurrences resulting from work preformed by you during the
policy period.
Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance
and any other insurance maintained by the Additionallnsured(s) shall be excess and non-contributory, but only as
respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named
Insured and only if required of the Named Insured by written contract.
(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" for that insured by or for you.
Name: Town of Tiburon
Address:
1505 Tiburon Blvd
Tiburon, CA 94920
Downtown Tiburon Streetlight Replacement Project. The Town of Tiburon & their employees & agents are named additional insured per form
CG20 1011 85 attached. Coverage is primary and non-contributory per form CGEN GN0029 09 06 attached. Separation of the insureds applies. A
Waiver of subrogation applies per form WC 99 03 150906 attached.
Additional Insured: The Town ofTiburon & their employees & agents.
CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984
OLD REPUBLIC GENERAL INSURANCE CORPORATION
CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOllOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Name of Additional Insured Person(s)
Or Organization(s):
Town ofTiburon
Location(s) of Covered OperCltions
As required by written contract:
Downtown Tiburon Streetlight Replacement Project. The Town of
Tiburon & their employees & agents are named additional insured
per form CG20 1011 85 attached. Coverage is primary and
non-contributory per form CGEN GN0029 09 06 attached.
Separation of the insureds applies. A Waiver of subrogation applies
per form WC 99 03 15 09 06 attached.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
1505 Tiburon Blvd
Tiburon, CA 94920 '
The insurance provided by this endorsement is primary insurance and we will not seek contribution from
any other insurance of a like kind available to the person or organization shown in the schedule above
unless the other insurance is provided by a contractor other than the person or organization shown in the
schedule above for the same operation and job location. If so, we will share with that other insurance by
the method describ~d in paragraph 4.c. of Section IV - Commercial General Liability Conditions.
All other terms and conditions remain unchanged.
Named Insured
Republic ITS
Policy Period
AICG49560701
10/01/2007
1 % 1/2008
Endorsement No.
Policy Number
to Endorsement Effective Date:
Producer's Name:
Producer Number:
,e~~'~'>."~
12/12/2007
DATE
AUTHORIZED REPRESENTATIVE
Additional Insured: The Town ofTiburon & their employees & agents.
CG EN GN 0029 09 06
OLD REPUBLIC GENERAL INSURANCE CORPORATION
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOllOWING:
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
WHEN REQUIRED BY WRITTEN CONTRACT.
The premium charge for this endorsement is $0.00
Named Insured Republic ITS
Policy Number AICW49560702 Endorsement No.
Policy Period 10/01/2007 to Endorsement Effective Date:
1 % 1/2008
Producer's Name:
Producer Number:
Downtown Tiburon Streetlight Replacement Project. The Town ofTiburon & their employees & agents are named additional
insured per form CG20 1011 85 attached. Coverage is primary and non-contributory per form CGEN GN0029 09 06 attached.
Separation of the insureds applies. A Waiver of subrogation applies per form WC 99 03 15 09 06 attached.
AUT~
--
12/12/2007
DATE
WC 99 03 15 (09/06)
Contract Bond
PuiJlic Work - California
THE X
HARTFORD
Bond No. 57-BCSEW4 909
, $577.00
Premium Charge ."
Bond Executed in Triplicate
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we.
....,.................,..B:~p.,~1?J..,!.~....rr~......................,..............................................................................................,.................,.. , as Principal, and the Hart ford Fire
Insurance Company . . . . Connecticut
................................................................................................. , a Corporation organized and eXisting under the laws of the State of .................................
and authorized to transact surety business in the State of California, as Surety. are held and firmly bound unto ..ToWl1...Q.f.,..T.iburon
In the sum of. Fifty six th()\lsand tJ:U::~.~..h:t,lt:ld.J'~cl*. Dollars ($ .56..,3.30.,.,0.0.... ..),
lawful money of the United States of America, for the payment whereof. well and truly to be made, we hereby bind ourselves, our heirs, exec.
utors. administrators, successors and assigns, Jointly and severally, firmly by these presents,
thirty & 00/100 --- 14 h
SIGNED. sealed with our seals, and dated this... tday of Dec~Ill."J:>.er., ... ?.9Q7 .. ." ~,
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract dated..,.......
12/7 /07 . ..., ~. . . .., with said..,. .. ..... ....1'()Wn. ..9f.,...Tt.p.\lJ'gp,. ...,.......,.....,..,... ....."...................
....to do and perform the following work, to-wit:
Downtown Tiburon Streetlight Replacement Project
NOW. THEREFORE. if the above.bounden Principal shall well and truly perform. or cause to be performed. each and all of the requirements
and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void; other-
wise it shall remain in full force and effect.
........~.~.p.~p.,!J.~...,.!.!.~..............,..,...,.. ... ............,............ .....,.... ....
~~o,;.y:i~.f/~nY..H~}~riff:...C......=.(SEAL)
Form 5-3665-2 Printed in U.S.A.
ACKNOWLEDGr~ENT
State of California
Co unty of J~~.!:.iD________________
On 12/14/07 before me. J. Deluca, Notary Public
-------_______ J____________________________________________,
(here insert name and title of the officer)
pe rsona IIy a ppea red-___________fS~J!YJjQtl~l!LC3ELIl_______________________
----------------------------------------------------------------------
----------------------------------------------------------------------,
personally known to me ~~-tB-ffiB-eM"4R~-sffi-ef-sat~-e\4GeRG8} to be
the personts7 whose name(sj is/af€ subscribed to the within instrument and
acknowledged to me that .f1€/sheltf.t€)' executed the same in Affi/her/.tfteff authorized
capacity(ie5), and that by .I:rts/herltf:teif" signature(-s) on the instrument the person(sj,
or the entity upon behalf of \Nhich the person(.€r) acted, executed the instrument.
(SEal)
Contract Bond
Public Work - California
THE fl
HARTFORD
bono NO. ..?..?..~~.~~~~.~.Q.~..........
Premium Charge Included in Premium
Charged for Performance Bond
Bond Executed in Triplicate
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS
That we,
,......,.,...' ,... ,......,.".... .,.Re.~u b li.c... ,.ITS.,....... .......",..,.."......, ..,.., ..,.....,.,....... ....,.... ,.....".,.., ......,............,.. ,..."..",...".. ..............,........ as Principal.
and....,J},~,r.tJ9..r.4....,....:;i,.,r.,~....J.,n.~.4,r.gP.,G:,~..,..G.9.mP.~.p~.y........, , a Corporation organized and existing under the laws of the State
of Connec t icu t and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the
State of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment Fund and any and all
materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the perform-
ance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations
renting or hiring teams, or Implements or machinery, for or contributing to said work to be done, and all persons performing work or labor upon the
same and all persons supplYing both work and materials as aforesaid, in the sum of ..F.i.ft.y,...s,ix....thQusand....thr.e.e...............,
hundred thirty & 00/100 --- 56,330.00
.",.,..., ,..',.... ,.,.", ." ".. ...".,.. .,.. ...,'.'" ".,'.,.,.'..., ". '" ,..,. ,.',., .,.",'.'" .",.' ..." ..'", "",." """. "",."""" ..,."".', .."".." ",.."", Dollars ($ ,"'" ,., "'" ,...' .,.".....,..,..,....".......),
lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors and assigns, Jointly and severally, firmly by these presents,
I . . 14th December 2007
SIGNED, sea ed with our seals and dated thiS .........,........................................,.. day of .................................................................................... '
The condition of the foregoing obligation is such that, whereas the above-bounden Principal has entered into a contract, dated..J..2.1..7..1.0.l.....
.,.",..., with...., ,.,.. ..,.. r.q,~.. .,g,f." ,.f.,!9..~!.,9,P....." .,.... ",..,.., ....',.,.,. ....,."".. ...', ,... ,." ,...., ,.. '.', ,....,............."..,..,....,.
................................................,.......................,..........................,...........................,....' to do and perform the following work. to wit:
Downtown Tiburon Streetlight Replacement Project
NOW THEREFORE. if the above-bounden Principal, or ....,..,.........R.~,p~9.JJ.~....J1'.?.....................................,...............,......................................
sub-contractor. fails to pay for any materials, provisions, provender or other supplies or teams. used in, upon, for or about the performance of the
work contracted to be done under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work. the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and,
also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be taxed as costs and to be included in the
judgmenltherein rendered; PROVIDED that this bond is filed by the Principal to comply with the provisions of Chapter 7. Title XV of the Civil Code of
California and other applicabie provisions of said Title XV relating to PUblic Work and liability hereund'3r is subject to the provisions of said section
and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof,
.....Re;p.ub,l.ic....I.TS......."....................................................
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B;':1~.?~{b.-/I... /...t::H.(I.~tt.:.':::.~..:fi.'=..::-(sEAL)
Attorney-in-fact. ~~. 0 eman
Form 5-3674-3 Printed in U,S,A,
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ACKNOWLEDGr\'1ENT
State of California
County of J~~.!:.i.D________________
On ____~~~~~~~~__ before me, __~~Q~~~_c_~~L'l_~~~ry_P_~QU~__________________,
(here insert name and title of the officer)
pe rsona Ily a ppea red____________JS~JJyJ=LQH~JILCJLLr'l_______________________
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personally known to me ~~-ee-te-ff''1B-eFt-tftc bGsis of-satffi.faBter'"Y-e.v~GeRC-.e.j to be
the person~1 whose name(s1 is/af€ subscribed to the within instrument and
acknowledged to me that -Ae/sheJ.~y executed the same in ftffi/her/.tf:re.lr authorized
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capacity(ies), and that bY'~1ts/her/tAetr signature(-&) on the instrument the person(s?,
or the entity upon behalf of which the person(-s}acted, executed the instrument.
VVITNESS my hand and official seal.
(8eal)
POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P,O, BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 57-554795
KNOW ALL PERSONS BY THESE PRESENTS THAT:
m Hartford Fire Insurance Company, a corporation duJy organized under the Jaws of the State of Connecticut
m Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State oflndiana
m Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut
o Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut
o Twin City Fire Insurance Company, a corporation duly organized under the Jaws ofthe State of lndiana
o Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State oflJlinois
o Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State oflndiana
o Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint.
up to the amount of unlimited:
Stanley O. Loar, Charles R. Shoemaker, Nancy L. Hamilton, Roger C, Dickinson, Rosemarie Guanill,
Mark M. Munekawa, Nerissa S, Bartolome, Jeffrey W, Parkhurst, Yvonne Roncagliolo, Kelly Holtemann,
Lawrence J. Coyne, Thomas E. Hughes of San Francisco, CA
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by l2J, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney,
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Paul A. Bergenholtz, Assistant Secretary
M. Ross Fisher, Assistant Vice President
STATE OF CONNECTICUT}
55. Hartford
COUNTY OF HARTFORD
On this 1st day of February, 2004, before me personally came M, Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
L~ == /:;/ ,(:J
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Scott E. Paseka .
Notary Public
My Commission Expires October 31, 2007
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Gary W. Stumper, Assistant Vice President