Loading...
HomeMy WebLinkAboutCC Resolution 12354 (Street Resurfacing)RESOLUTION NO. 12354 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR STREET RESURFACING 2006/2007 LAS GALLINAS AVENUE AND CIVIC CENTER DRIVE, CITY PROJECT NO. 11094, FEDERAL AID PROJECT NO. STPL 5043 (21) TO ARGONAUT CONSTRUCTORS, IN THE AMOUNT OF $1,054,887.00. WHEREAS, on the 6th day of September, 2007, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the Deputy City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "STREET RESURFACING 2006/2007 LAS GALLINAS AVENUE AND CIVIC CENTER DRIVE" CITY PROJECT NO. 11094 FEDERAL AID PROJECT NO. STPL 5043 (21) in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the streets designated for resurfacing are eligible to be funded utilizing Federal Aid funds; and WHEREAS, the bid of Argonaut Constructors at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the Council approved the streets designated for resurfacing; and RESOLVED FURTHER, that the bid of Argonaut Constructors and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Argonaut Constructors at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor and City Clerk of said City be authorized and directed to execute a contract with Argonaut Constructors for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 17th day of September, 2007, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEATYNE M. LEONCIN , City Clerk File No. 16.06.61 City of San Rafael ♦ California Form of Contract Agreement For Street Resurfacing 2006/2007 Las Gallinas Avenue and Civic Center Drive City Project No. 11094 Federal Aid Project No. STPL 5043 (21) This Agreement is made and entered into this 17th day of September, 2007 by and between the City of San Rafael (hereinafter called City) and Argonaut Constructors (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Street Resurfacing 2006/2007 Las Gallinas Avenue and Civic Center Drive, City Project No. 11094, Federal Aid Project No. STPL 5043 (21), all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within forty-five (45) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500.00 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units AGREEMENT • 1 contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM UNIT ITEM NO. ITEM I I QTY I PRRIICIT E, $ I TOTAL, $ 1 Mobilization LS 1 28,552.00 28,552.00 2 Traffic Control LS 1 155,000.00 155,000.00 3 Asphalt Concrete Overlay (Type A) TON 10,000 65.00 650,000.00 4 Fabric Reinforcement SY 15,000 2.05 30,750.00 5 Cold Planing SY 15,000 2.303.20 34,500.00 6 Deep Lift Pavement Patching SF 10,000 3.25 32,500.00 7 Thermoplastic Traffic Stripes & LS 1 46,000.00 46,000.00 Pavement Markings 8 Adjust Manhole Castings to Grade a. Sanitary Sewer EA 15 550.00 8,250.00 b. Storm Drain EA 11 550.00 6,050.00 9 Adjust Castings to Grade a. Monuments EA 5 550.00 2,750.00 b. Water Valves EA 90 375.00 7,500.00 10 Curb Ramp Installation EA 7 5,000.00 35,000.00 11 Catch Basin to Construct EA 29 415.00 12,035.00 (:rand To(al S1,054,887.00 VI - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VII - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the AGREEMENT • 2 Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled Hens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SANpRAFAEL: Jea ne M. Leon.cini Atberll4oro � City Clerk Mayor APPR6 ARGONAUT CONSTRUCTORS Gl� �iary T. Raanti %Mi ae�r i Iden City Attorri� for ARGUT CONSTRUCTnRS ARGONAUT CONSTRUCTORS Mic� A. Smith -Secretary FORA GONAUT CONSTRUCTORS AGREEMENT • 3 Executed in Triplicate AIA Doculnenl A.3I2 Performance Bond Bond No. 58641000 Premium: $6,619.00 Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Argonaut Constructors 1236 Central Avenue/P.O. Box 639 Santa Rosa, CA 95402 OWNFR (Nano and Address): City of San Rafael 111 Morphew Street, P.O. Box 151560 San Rafael, CA 94915-1560 C'ONSTRUC'TION CON I'RAC I' SURETY (Name and Principal Place of Business): Western Surety Company 405 Howard Street, Suite 600 San Francisco, CA 94105 Date. September 17, 2007 Amount: One Million Fifty-four Thousand Eight Hundred Eighty -Seven and 00/100---($1,054,887.00) Description (Name and Location): Street Resurfacing 2006/2007 - Las Gallinas Avenue and Civic Center Drive City Project No. 11094 / Federal Aid Project No. STPL 5043 (21) BOND Date (Not earlier than Construction Contract Date): September 17, 2007 Amount: One Million Fifty-four Thousand Eight Hundred Eighty-seven and 00/100---($1,054,887.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Argonaut Constructors (Corpor e ) Signature- Name and Tiff . ichSSitl' (Anv additional signatems appear oft page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: M.B. McGowan & Associates Insurance Agency, Inc., 7250 Redwood Blvd., Suite 110, Novato, CA 94945 (415-892-1080) 1 I he Contractor and the Surety. Jointly and severally. hind themselves. their heirs. ewcutors. administrators, successors and assigns to the Owner fior the performance oh the Construction Contract, which is incorporated herein ht reference. 2 II'Ihe Contractor perfitrms the'onstruction Contract, the Surer and the Conlraoor shall hate no obligation under this Bond. cxcepl to participate in cunlcrcncc. as provided u1 Subparagraph 3. I. 3 II' there is no Otvner Dl`lilllll, the Surcty's obligation under this Bund ~hall arise alley: 3.1 1 he Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Dcluult and has rcqucstcd and attempted to arrange a conference with the Contractor and the Surety to he held not later than lillecn days after rcecipt of such notice to discuss I11et1nAll ul' perlirrnting the C'unstructiun C'onlract. If the Ottner. the Contractor and the SUret\ agree. the Contractor shall be allotted a reasonable time to X] None ❑ See Page 2 SURETY Company: Western Surety Company (Corporate Seal) Signature:WI.� a� Name and Title: Donna J. Fr d, Attorney-in-fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): perflorm the COnS1rUdiOn Contract, but such an agreement shall not waive the Ottner's right, if' any, subsequently to declare it Contractor Del'ault: and 3.2 The Ottner has declared a C'untiactor I)elaull and liunutlh terminated the C'ontractor's rt -ht In complete the contracl. Such Contrnctor Default shall not he declared earlier than twenty dais alter the Contractor and the Surety hate received notice us provided in Subparagraph 3.1: and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perlirrm the Construction Contract in accordance with the terms of the contract with the Ottncr. 4 When the ()%%ner has satisfied the conditions of'Pvagiaph 3. the Surety shall promptly and at the Surctl's expense take one of the folkming actions. SURETY 5026 (6-92) S-IB52/GEEF10/99 Page 1 of 2 4.1 Arninge I'or the Contractor. with consent ol'tile Owner. to perlimn and complete the Construction Conn•acl: fill 4.2 Undertake to perlirrnl and complete the Cunsiruction Contract itself: Ihrough its agents or through independent contractors: or 4.3 Obtain bids or negotiated proposals from qualified contractors ueceplahlc lu the Owner lin a cuntacl torr performance and compdedun of the Construction Contract, arrange Ibr a contract to be prepared l'or execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with perl'ornlance and payment bonds executed by a qualified surety equivalent to the bunds issued on the Conslrtclion Contract. and pay to the O%%ner the amount oil' damages us described in paragraph C, in csccss ol'Ihe Balance ul'tile Contract Price incurred b% the O%%net- resuilinu from the Contractor's defitull: ill - 4.4 r 4.4 Woke its right to perform mill complete. arrange tar completion. ur obtain a nett contractor and %%till reasonable promptness tinder the Circunlst:uteeS: 1 Allcr in%esligutiva. dcluuliuc the arnount lour which it 111a) he liable to the droner and, as soon as practicable afler file anunutt is determined. tender pa%inent lherelitr ill the t )n net or .2 Ihm liahilil% in %thole or in 1011 and nntilI Ills t)ttm'r cam,_ reasons ihcrelbr. 5 It' file Stu•ct% docs nal proceed as provided in Pva19aph 4 %%ilh reasonable promptness, the Sorely ,hall he deemed lu he in del'sutlt un this Bond lilieen days atflcr receipt of aur addhtonitl %%rillcu notice Ironl the (honer to the Surety dcnnanding that the tiurct, perlirrin its till ligltiots tinder this Bond. and the Owner shall he entitled to cnli%rce tiny rented) available to the Owner. If the tiurct% proceeds as provided in Subparagraph 4.4. and the (honer relttses the payment tendered or the Surety has cicnicd liability, in whole or in part. without further notice the Owner shall he entitled Io enlince any remedy available to the Owner, 6 Aller the Owner hits terminated the C'ontractor's right len complete the C'ohStnar-fion Contract, and it (lie Surer elects to rel undcr Subpurngraph 4.1, 4.2. or 4.3 above. then the responsibilities of the Surety to the Owner shall not he greater than those of the Contactor under the Construction Contract, and the responsibilities ol'the Owner w the Surety shall not be greater than those of the Owner under the Construction Contract. 'I'll the boot of the amount oI'this Bond, but subjcet to commitment by the Owner of the Balance ol'tile Contract Price to mitigation of costs and damages on the Construction Contact. the Surety is obligated %%ithout duplication torr: 6.1 The respunsihiliticS of the Contractor lirr correction of defective work and completion ol'the Construction Contract: 6.2 Additional legal. design professional and delay costs resulting firom the C'ontractor's Default. and resulting Cron the actions or failure to lel ol'the Surcl) under paragraph al: tad 6.3 liquidated damages, or if* no liquidated damages are specified in the Construction Contract. actual damages caused by delayed perlbritiance or non-pertilr lance ol'thc Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surely shall not he liable to the Owner or others torr obligations of the Contactor 111111 fire unrelated to the Construction Contract. and tic Balance of the Contract Price shall not he reduced or set off on account of any such unrelated obligations. No right ul' action shall accrue on this Bund ut any person or entity other than the Owner or its heirs. executors. administrators or successors. 8 The Surety hereby waives notice ol'any change. including changes of time, to the Construedon Contract or to related subcontracts. purchase orders and other obligations. 9 Any proceeding, legal or equitable, tinder this Bund may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall he instituted within t%%o years alter C'untraclor Dclimll or within tit°o years atler the Contractor ceased working or within two ,cars after the Surct) refuses or fruits to perform it, obligations under this Bund, whichever occurs first. Irthe provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to surclies as a defense in lite jurisdiction Or the suit shall be applicable. 10 Notice to the Surety. the (honer or the Contractor shall be mailed or delivered lu the address shown on the signature page. 11 When this Bund IMS been furnished to comply wish a statutory or other legal requircitncln in ❑fie location tthcrc the construction was to he po-l'ornled, an% provision in this Bond conflicting with said statutory or legal re(Iuircnu:nl shall he deemed deleted herelirunl and provisions ronlinmling to such statutory or other legal requirement shall be deemed incorporated herein. The intent is shut this Bernd shall be conSuued as it Stutulury hand and not as a common law bund. 12 DEFINITIONS 12.1 Balance ol'the Contract Price: The tolial amount payable h) the Owner to the Contractor under the Construction Contract after all proper adjustments have been nada:. including allowance to the Contractor of any amounts received or lu he received h) the Owner in settlement of insurance or other claims till- damages to which the Contraclur is entitled, reduced by all valid and proper payments made to or on behall'al'the C'unlractor tinder the C:onst•uction Contract. 12.2 Construction Contract: The agreement between the O%%ner and the Contraclur identilied on the signature page. including all Contract Documents and changes thereto. 12.3 Contractor Dclauh: failure of the Contraclur, which has neither been remedied nor waived. In perilrrnr or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Del' failure of the (honer, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform mid complete or comply with the other terms thercol: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: Sionaturc: Si -nature: Nance and I %tic: Name and Title: Address: Address: S-1852IGEEF 10199 Page 2 of 2 (Corporate Seal) 4 State of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT California County of Marin Oil September 17, 2007 before me, personally appeared Donna L. Welsh, Notary Public (here insert name and title of the officer) Donna J. Frowd personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_4) whose name(50 is, are subscribed to the within instrument and acknowledged to me that-hc/she/thrr executed the same in ki's/her/t-leif- authorized capacity(ino, and that by 1}is/her4hoi-signature(X) on the instrument the person(, or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS my hand and official seal. ` ` DG't r l �` WEi si-i COMM IIRiLic, C:d .FCRNIA Aly Cnnvn Ei, 1,!n•s Siidc"ay.• c'_909 , Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) IN Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment farm must be proper13+ completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such Instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is dlegalfor a nota), to California (i.e. certifying the authorized capacity of the Signe)) Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be time State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate time correct singular or plural forms by crossing off Incorrect forms (I e he/she/they, is /are ) or circling time correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal Impression smudges, re -seal If a sufficient area permits, otherwise complete a different acknowledgment form • Signature of time notary public trust match the signature on file with time office of time county clerk. Additional information Is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by time signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this document to the signed document CAPA v12 10 05 0 by Assonalion of Professional Notaries S CSA Boo -873-9665 w .noiaryclassesxom Bond No. 58641000 Executed in Triplicate AIA Document A312 Premium: Included on Performance Bond Payment Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Argonaut Constructors 1236 Central Avenue/P.O. Box 639 Santa Rosa, CA 95402 OWNER (Name and Address). City of San Rafael 111 Morphew Street, P.O. Box 151560 San Rafael, CA 94915-1560 CONSTRUCTION CONTRA("]' SURETY (Name and Principal Place of Business): Western Surety Company 405 Howard Street, Suite 600 San Francisco, CA 94105 Date: September 17 3 2007 Amount: One Million Fifty-four Thousand Eight Hundred Eighty -Seven and 00/100---($1,054,887.00) Description (Name and Location): Street Resurfacing 2006/2007 - Las Gallinas Avenue and Civic Center Drive City Project No. 11094 / Federal Aid Project No. STPL 5043 (2 1) BOND Date( Not earlier than Construction Contract Date): September 17, 2007 Amount: One Million Fifty-four Thousand Eight Hundred Eighty-seven and 00/100---($1,054,887.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Argonaut Constructors Signati Name (Any a (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: M.B. McGowan & Associates Insurance Agency, Inc., 7250 Redwood Blvd., Suite 110, Novato, CA 94945 (415-892-1080) 1 1'he Contractor and the Suret3- jointly and severally, bind themselves. their heirs, executors, administrators. successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract. which is incorporated herein by reference. 2 With respect to the UN%ncr. this obligation shall be null and void if the Contractor 2.1 Promptly makes pa\ nlent. directly or indirectly, for all sums due Claimants, and 2.2 Defends. indemnities and holds harmless the Owner from claims. demands. (tens or suits b\ any person or entity whose claim, demand. lien or suit is for the pmntent for labor. materials or equipment furnished for use in the perlormance of the Construction Contract. provided the (honer has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims. demands. liens or suits and tendered defense of such claims. demands. hens or suits to the Contractor and the Surety. and provided there is no 01%ner Del'ault SURETY 5026 (6-92) S•1853/GEEF 2198 Page 1 of 2 Dx None D See Page 2 SURETY Company: Western Surety Company (Corporate Seal) Signature: Name and Title: Donna J. Froe, Attorney-in-fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner. stating that a claim is being made under this Bond and. with substantial accuracy. the amount of the claim. 4.2 Claimants 11ho do not have a direct contract with the Contractor: 1 Ilave furnished written notice to the Contractor and sent a copy. or notice thereof. to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating. with substantial accuracy. the amount of the claim and the name of the part% to whorl the materials were furnished or supplied or for whom the labor was done or perforated, and CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Marin OnSeptember 17, 2007 before me, personally appeared Donna L. Welsh, Notary Public (here insert name and title of the officer) Donna J. Frowd personally known to me (or proved to me on the basis of satisfactory evidence) to be the personj§) whose name( is/.a subscribed to the within instrument and acknowledged to me that-hc/she/they- executed the same in hi-s/herb- reit- authorized capacitAki o, and that by l+Wher4hoitL- signature(X) on the instrument the person(, or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS m hand and official seal. -- — y r)or\rw L. w��si1 t40T NY 1`11i':JC-CA...FcP.rg1A T / MA11;; Fou:: fv a c ✓ = My Co:nm GaCnca G,plember E, 3978 1 Signature of Notary Public (seal) 4 ,. I I , - ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) IN Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only escepiton is if a document is to be recorded outside of California. In such instances, any alternative aclurowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notaly in California (i.e. certifying the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form tf required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within lits or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing oft' incorrect forms (i e he/she/4%> — is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically .reproducible Impression must not cover teat or Imes. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could he'p to ensure this acknowledgment is not misused or attached to a different document ee Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary) • Securely attach this document to the signed document CAPA v 1 10 05 O by Assouat:on of Professional Notaries S CSA 800-873-9965 w .notarycrasses.com .2 have either received a rejeclinn in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and .3 Not having been paid within the above 30 days, have sent a written notice to the Surely (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner Mating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance 6 When the Claimant has satisfied the conditions of Paragraph 4. the Surety shall promptly and al the Surety's expense lake the following actions 6.1 Send an answer to the Claimant. with a copy to the Owner. within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract arc dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is located or after the expiration of one3-car from the date (1) on which the Claimant gave the notice required b% Subparagraph 4. 1 or Clause 4.2.3, or (2) on which the last labor or service minas performed by anyone or the last materials or equipment were furnished by anyone under the. Construction Cnniract. whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by lat%. the minimum period of limitation available to sureties as a defense in the Jurisdiction of time suit shall be applicable 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished. shall be sufficient compliance as of the date received at time address shown on the signature page 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond. the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water. gas, power, light, heat, oil, gasoline, telephone service or rental equipincitt used in the Constiuction Contract. architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover pa�.:e.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title. Name and Title: Address: Address: S-18531GEEF 2/98 Page 2 of 2 (Corporate Seal) °. Vestern Surety Ca. pany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael B Mc Gowan, Donna L Welsh, Donna J Frowd, Debbie L Welsh, Matthew J Huggins, Individually of Novato, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 21st day of May, 2007. SutiE`ry� WESTERN SURETY COMPANY s3*�S �%N pPKO, Paul . Bmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 21st day of May, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY 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 pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + f D. KRELL r November 30, 2012SeA� r NOTARY PUBLIC SF r SOUTH DAKOTA r +titititititititititititiatitititirrtitititi + I D. K�No Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17th day of September 2007 gJRETy = par WESTERN SURETY COMPANY gy��s fAVi'Y JET Op o1p • L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE ' PRODUCER (707) 687-2200 FAX: (707) 687-2021 THIS CERTIFICATE IS ISSUED AS A MATTER CF INFORMATION Rogers & Young Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9101 Los Amigos Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1738 Windsor CA 95492 INSURERS AFFORDING COVERAGE NAIC # INSURED Argonaut Constructors P.O. Box 639 IINSURER A:Travelers Property 139047 INSURER B: InS CO. of State of PA INSURER C: SeaBright IINSURERD:RSUI Indemnity Company Santa Rosa CA 95402-0000 INSURER E: OVERAGES 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 ADD'L LTR INSRD TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDNY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY DTEC0331K9933 4/1/2007 4/1/2008 EACHOCCURRENCE$ 2,000,0001 X COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300 000 CLAIMS MADE FX OCCUR I MED EXP (Anv one Derson) I$ 5,000 X $10,000 PD Deduct I PERSONAL BADV INJURY Is 2,000,000 — I GENERAL AGGREGATE Is 4,000,000 E NT AGGREGATE LIMIT APPLIES PER GGEj I PRODUCTS Is 4,000,0001 JEC F - COMP/OP AGG I POLICY I x l LOC A AUTOMOBILE LIABILITY DTB10331K9933 4/1/2007 4/1/2008 COMBINED SINGLE LIMIT X ANYAUTO I (Ea accident) I$ 1,000,000 _ ALL OWNED AUTOS BODILY INJURY I SCHEDULED AUTOS (Per person) I $ _ HIREDAUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) I$ _ PROPERTYDAMAGE I$ (Per accident) GARAGE LIABILITY I AUTO ONLY EA I $ ANY AUTO - ACCIDENT OTHER THAN EA ACC $ AUTO ONLY: AGG I $ B EXCESS/UMBRELLA LIABILITY 7275304 4/1/2007 4/1/2008 EACH OCCURRENCE Is 41000,000( X1 OCCUR EICLAIMSMADE I AGGREGATE Is 4, 000, 0001 DEDUCTIBLE IJ$ RETENTION $ I $ C WORKERS COMPENSATION AND BB1060941 10/1/2006 10/1/2007 I X IWC ST TU- OT I EMPLOYERS' LIABILITY TORY ANY PROPRIETOR/PARTNERJEXECUTIVE I E. L. EACH ACCIDENT Is 1,000,0001 OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEE $ 1,000,0001 If yes, describe underOOOI SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,0001 D OTHER Excess Liability- NRA219238 6/29/2007 4/1/2008 85,000,000 Occurrence Excess over $2M GL & $5,000,000 Aggregate $4M Primary Excess DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of San Rafael its officers, agents & employees are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled Street Resurfacing 2006/2007 Las Gallinas Avenue & Civic Center Drive, City Project No 11094 Federal Aid Project No STPL 5043(21) Between City of San Rafael & Argonaut Constructors PO Box 639 Santa Rosa California 95402 for the work 6 the improvements described therein. (CGD248) Cancellation: Except for 10 days notice for non-payment of premium. JI CERTIFICATE HOLDER (415)485-3334 City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94915 ACORD 25 (2001108) Men -U: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xi>tl]BXMU MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, X Xr��,4�6�t�G�la?FJ. AUTHORIZED REPRESENTATIVE M Ellwanger/KJR �`- © ACORD CORPORATION 1988 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) INS025 (0108) oea Page 2 of 2 Argonaut Consturctors DTEC0331 K9933 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY CONTRACTORS COVERAGE PART WHO IS AN INSURED .(Section II) is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or Written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization, The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured. 2. .The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products -completed operations hazard". Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I Coverages) does not apply to you if the "bodily injury" or: "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. CG D2 48 10 02 Copyright, The Travelers Indemnity Company; 2002, Pagel of 2 COMMERCIAL GENERAL LIABILITY Argonaut Consturctors COMMERCIAL GENERAL LIABILITY 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 48 10 02 Copyright, The Travelers Indemnity Company; 2002, Page 2 of 2 COMMERCIAL GENERAL LIABILITY