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PW ADA/DOJ Curb Ramps 2015-164-1-674 City of San Rafael California Form of Contract Agreement for ADA/DOJ Curb Ramns 2015-2016 p City Proiect No. 11263 This Agreement is made and entered into this 31st day of December 2015 by and between the City of San Rafael (hereinafter called City) and Coastside Concrete and Construction, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- 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 described in the plans and specifications for the project entitled: ADA/DOJ Curb Ramps 2015-2016, City Project No. 11263, all in accordance with the Specifications and Contract Documents dated August 2015, which are hereby made a part of this Agreement. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within Fortv (40) Working Days and with such extensions of time as are provided for in the Contract Documents. III - 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 $1,900 for each and every working 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. 1V - 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 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 DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY Final Pay Item GRAND TOTAL BID $ 187.750.00 V - 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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% 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 Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City 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) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City 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. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.01.281 Coastside Concrete and Construction, Inc.: Bond No. 1001030752 Premium: $ 3930.00 Public Works — Performance KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE & CONSTRUCTION, INC. , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the sum of ONE HUNDRED EIGHTY SEVEN THOUSAND, SEVEN HUNDRED FIFTY AND NO/100 Dollars ($ 187,750.00 ), 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated DECEMBER 21, 2015 with said Obligee to do and perform the following work, to wit: ADA/DOJ CURB RAMPS 2015-2016, PROJECT NO. 11263 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 14TH day of JANUARY , 2016 COASTSIDE CONCRETE & CONSTRUCTION, INC Principal AMERICAN CONTRACTORS INDEMNITY COMPANY CINDY BETH Attomey-in-Fact Bond No. 1001030752 Premium: $ INC. IN PERFORMANCE BOND Public Works — Payment KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE & CONSTRUCTION, INC. as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of ONE HUNDRED EIGHTY SEVEN THOUSAND, SEVEN HUNDRED FIFTY AND NO/100 Dollars ($ 187,750.00 ), 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated DECEMBER 21,2015 with said Obligee to do and perform the following work, to wit: ADA/DOJ CURB RAMPS 2015-2016, PROJECT NO. 11263 NOW, THEREFORE, if the above -bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this 14TH day of JANUARY COASTSIDE CONCRETE & CONSTRUCTION, INC Principal AMERICAN CONTRACTORS INDEMNITY COMPANY DYBETH Attorney -in -Fact POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL -MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas banding ornpany, an assumed name of American Contractors Indemnify Compalty; TJditpd States Surety Company, a M aryland cpcpbratiotl W ifs . Specialty Insurance Company, a Texas corporation (collec€ively_ , the Ctrrganies"), do by these presents make; cmstitute and appoint: James Schieffer or Cindy Beth of Healdsburg, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and steads tb execute- acknowledge and deliver any and all bonds, recognizaac , mi dtril#aldngs or other instruments or contracts of suretyship -to include riders, amendments, and consents of surety, provitift -!he hand _ penalty does not exceed ******* ******Three Million****************** Dollars ($3,000,000.00) This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act found dribehalf of the Company subject to the following provisions: sl[lorne -in Factrnay 6e given full power and authority for and in the name of and on behalfothe oinPajiy,-W*ecute;acknowledge and deliver, any and all bonds, recognisances, contracts, agreements or indemnity and other conditional or obligatory undeMkings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed•by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate. -relating thereto by facsimile, and any power of attorney or certificate -bearing facsimile signature or facsimile seal shall be vdlid and binding upon the Caffpany with respeet to any bond or undertaking to which it is attathed IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be-liereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached; and not-thetruthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his -authorized capacity, and that by his signature on the instrument the person, or the entity -upon behalf -of -which the person acted, executed the instrument. I curt. y utile_ TENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ MARIA G. R0110RIGUE2-W0NG Commission #t 2049771 Signature ( (Seal) Z : ` Notary Public - California i Los Angeles County 1 3 Mr COMM, EXPItes Dec 20, 2017 I, Michael Chalekson , Assistant Sectetary. 5f-Amedean Catitractors Indemnity Company, Texas Bonding Company, United States Surety C=pony and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness. Whereof, I have hereunto set my hand and affixed the seals of said Companies at Lo -Angeles, California this 14 TH day of JANUARY 2 01.6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document We proved to me on the basis of satisfactory evidence .to be e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sarne in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAMES SCHIEFFER` V. COMM. #2130661 m NOTARY PUBLIC-CALWOFUM COASTSIDE CONCRETE POLICYNUMBER: ACP7830992990 COMMERCIAL GENERAL LIABILITY CG 71 56 0910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN RAFAEL, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Section Il — Who is An Insured is amendea to include as an additional insured the person or organ- ization shown in the Schedule for whom you are per forming operations when you and such person or organization have agreed in a written contract or written agreement that such person or organization be added as an additional insured on your policy. but only with respect to liability for "bodily injury". "prop- erty damage" or "personal and advertising :nlury" arising out of, in whole or in part. by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing op- erations for the additional insureds) at the loca- tions) designated above. No such person or organization is an additional insured for liability arising out of the `products completed operations hazard". 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re pairs) to be performed by or on behalf of the additional insured(s) at the location of the cov ered operations has been completed; or 2. That porton of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. The following is added to SECTION III — LIMITS OF INSURANCE: B. With respect to the insurance afforded to these additional insureds. the following additional exclu- sions apply: D. This insurance does not apply to "bodily injury" or "property damage" occurring after. The limas of insurance applicable to the additional insured are those specified in the written contract between you and the additional insured, or the limits available under this policy, whichever are less These limits are part of and not in addition to the lim- its of insurance under this policy. With respect to the insurance provided to the person or organization shown in the Schedule of the En- dorsement. Condition 4. Other Insurance of Sec- tion IV - Commercial General Liability Conditions is replaced by the following - CG 71 56 09 10 Includes copyrighted material of Insurance Services Office. Inc. Page 1 of 2 with its permission CG 71 56 09 10 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insur- ance is primary and non-contributory with the additional insured's own in- surance. Paragraphs (1) and (2) do not apply to other insurance to which the additional in- sured has been added as an additional in- sured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work", (b) That is fire, lightning, or explo- sion insurance for premises rented to you or temporarily oc- cupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a te- nant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property (e) That is any other insurance avail- able to an additional insured un- der this endorsement covering liability for damages arising out of the premises or operations, or products completed operations, for which the additional insured has been added as an additional insured by that other insurance. 2) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to de- fend the additional insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance available to the additional insured permits contribution by equal shares, we will follow this me- thod also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares, we will con- tribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 71 56 09 10 with its permission. COMMERCIAL AUTO CA 20 01 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 12-14-15 Named Insured Countersigned By COASTSIDE CONCRETE COASTSIDE CONCRETE & CONSTRUCTION INC (Authorized Representative) SCHEDULE Insurance Company ALLIED INSURANCE Policy Number ACP7830992990 Effective Date 12-4-2015 Expiration Date 12-4-2016 Named Insured COASTSIDE CONCRETE Address 6050 COMMERCE BLVD STE 203, ROHNERT PARK, CA 94928 Additional Insured (Lessor) THE CITY OF SAN RAFAEL, ITS OFFICERS, EMPLOYEES AGENTS AND VOLUNTEERS Address 111 MORPHEW STREET SAN RAFAEL, CA 94901 Designation or Description of Leased "Autos" PER SCHEDULE ON FILE. Primary Clause: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance, but only with respects to liability arising out of "your work" for that insured by or for you. Cancellation Clause: It is hereby understood and agreed there will be no cancellation, reduction or modification of coverage without (30) days prior written notice. CA 20 01 120 93 (MODIFIED) Includes copyrighted material of Insurance Services Office, Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA 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 regwres you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration Schedule Any person or organization as required by written contract S46300 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated Endorsement Effective 5/1/2015 Policy No WWC3135905 Insured SOUSA MARK (Partner) & SOUSA BRETT (Partner) (A Partnership) Insurance Company Wesco Insurance Company Countersigned by Endorsement No WC040306 Premium 5 15960