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PW MERA Tower Retrofit Project; Marsh Creek LLCCity of San Rafael ♦ California Form of Contract Agreement For Marin Emergency Radio Authority (MERA) Tower Retrofit Project City Project No. 11290 This Agreement is made and entered into this Bim- day of 6 -x" -q , ?of (- by and between the City of San Rafael (hereinafter called "City") and Marsh Creek LLC (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, except where noted on the construction plans, 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: Marin Emergency Radio Authority (MERA) Tower Retrofit Project, City Project No. 11290, all in accordance with the Specifications and Contract Documents dated April 2016, which are hereby made a part of this Agreement. 2. 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 TWENTY (20) WORKING DAYS and with such extensions of time as are provided for in Sections 4.07 and 5.04 of the Instructions to Bidders, included in the aforementioned Specifications and Contract Documents. 3. 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 $1,000 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. 4. 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 Mobilization DESCRIPTION 2. MERA Tower Structural Retrofit 3. Electrical Systems a. Quad Antenna and Quad Radio on MERA Tower b. Panel Antennas and Radios on MERA Tower c. Radios at Public Works Building d. Radios at Signalized Intersections ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 1 LS A $3,500 — $3,500 1 LS to, $32,207 = $32,207 Page 1 of 6 LS a $12,751 — $12,751 LS n $5,985 — $5,985 LS Ca, $2,100 — $2,100 LS n $5,500 — $5,500 0� L ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 4. Acceptance Testing Support I LS a. $3,200 = $3,200 GRAND TOTAL BID $65,243.00 5. 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. 6. 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 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) 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 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. 7. Waiver of Subrogation 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 Page 2 of 6 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. 8. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 9. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both Contractor and City against all liability for injuries to Contractor's officers and employees. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0104 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carver shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self- insurance shall be called upon to protect it as a named insured. Page 3 of 6 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self- insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 10. Indemnifcation (a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. Nondiscrimination Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. Compliance with All Laws Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. Page 4 of 6 13. No Third Party Beneficiaries City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. Notices All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: Marsh Creek LLC 1150 Business Park Dr. Suite 106 Davis, CA 95620 15. Independent Contractor For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 16. Entire Agreement; Amendments (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. Waivers The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 18. City Business License; Other Taxes Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). Page 5 of 6 19. Warranty: (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by 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.: 18.14.06 CITY OF SAN RAFAEL: �S 0—niJhttt� City Manager Page 6 of 6 MARSH CREEK LLC By: Printedtale: Joniaig2n Ealy Title: COO l �P�SH• CRF�r<` •1>� :.�t14SKA. &In Premium is for contract term and subject to AFICadjustment based on final contract price S"e&P&P PERFORMANCE BOND nu r9ca Bond No. 0701227 Executed in triplicate Premium: $893.00 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Marsh Creek, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, with its home office at One Newark Center, 20`h Floor, Newark, New Jersey 07102, a corporation organized and existing under and by virtue of the laws of State of New Jersey, and duly authorized to transact business in the State of CA, as Surety, are held and firmly bound unto City of San Rafael (hereinafter referred to as "Obligee") in the penal sum of sixty five thousand two hundred forty three dollars and 00/100 (S 65,243.00 ) dollars, for payment of which well and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. SIGNED and sealed this loth day of June 2016 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the 1st day of June 2016 , enter into a written contract with the Obligee for Marin Emergency Radio Authority (MERA) Tower Retrofit Project, City Project No. 11290 (hereinafter "the Contract"). NOW, if the said Principal shall well and faithfully do and perform the things agreed by Principal to be done and performed according to the terms of the said Contract, we agreeing and assenting that this undertaking shall be for the benefit of the Obligee herein only; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety under this bond, whether to Obligee, to or on behalf of Principal and/or in furtherance of the performance or satisfaction of Surety's obligations hereunder in any way (including but not limited to costs incurred in undertaking or arranging to perform any work under or in connection with the Contract), are to be credited against the penal amount of the bond. Further, Obligee hereby waives notice of the Surety's issuance, undertaking or agreement to issue any such payment(s) and/or incur any such costs and Obligee covenants and agrees that the Surety may cease any and all work, payments or other performance hereunder of any kind whatsoever at any time that the penal amount of the bond has been reached or that the Surety deems the penal amount will be reached due to obligations incurred by the Surety (whether or not payment has been issued therefor); all without any requirement of prior notice to Obligee, and that any and all further obligations of Surety hereunder shall thereupon be deemed fully and unconditionally discharged. If there is no Obligee Default, the Obligee having performed all of its obligations under the Contract, the Surety's obligation to the Obligee under this bond shall arise after: a) The Obligee has notified the Principal and the Surety at its address described above that the Obligee is considering declaring a default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract. If the Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Obligee's right, if any, subsequently to declare a default; and b) The Obligee has declared a default and formally terminated the Principal's right to complete the Contract in accordance with the terms of the Contract. Such default and termination shall not be declared earlier than twenty (20) days after the Principal and the Surety have received notice as provided in subparagraph a above; and c) The Obligee has agreed to pay the balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a contractor selected to perforin the Contract in accordance with the terms of the Contract. When the Obligee has satisfied the conditions of subparagraphs a through c of the preceding section, the Surety shall promptly and at the Surety's expense take one of the following actions: a) Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or b) Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or c) Obtain bids br negotiated proposals from qualified contractors acceptable to the Obligee for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor selected with the Obligee's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the Obligee the completion costs in excess of the balance of the Contract Price only; or d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to the Obligee, subject to all of the limitations as set forth herein and particularly in subparagraph c above, and as soon as practicable after the amount is determined, tender payment therefore to the Obligee; or 2. Deny liability in whole or in part and notify the Obligee citing reasons therefore. 2 Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the Contract in excess of the balance of the Contract Price, and Surety shall not be liable for any other claims, costs, losses or expenses of Obligee or any other party of any nature whatsoever. Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for the performance of the Contract and to pay valid claims by subcontractors, suppliers and/or others providing labor, materials and/or equipment to or on behalf of the Principal in the performance of the Contract. By the Principal furnishing and the Obligee accepting this bond, they agree that all funds earned by the Principal in the performance of the Contract are dedicated to satisfy the obligations of the Principal and Surety under this bond. The Obligee further agrees that Surety shall not be liable to Obligee or others for obligations of the Principal that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations or by any other claims of Obligee or others. No suit or action shall be commenced hereunder by Obligee: 1. After the expiration of one (l) year following the date on which Principal ceased work on said Contract or Obligee declared Principal in default, whichever occurs first, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; 2. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the District in which the project, or any part thereof, is situated, and not elsewhere. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Definitions: a) Balance of the Contract Price: The total amount payable by the Obligee to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received by the Obligee in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to, or on behalf of the Contractor under the Contract. b) Contract: The agreement between the Obligee and the Contractor identified on the signature page, including all Contract Documents and changes thereto. c) Principal Default: Failure of the Principal, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. d) Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform and complete or comply with the other terms thereof. Marsh Creek, LLC CR Attest: Principal: U q<14 SKA INTERNATIONAL FIDELITY INSURANCE COMPANY Attest see attached notary By. _ Michael R Strahan Attorney-ln-Pact (Seal) el (9,3)624-72b0... POW. ER OFATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint I MICHAEL R. STRAHAN, MARLENE E. CARLES San Diego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise and the execution of such instrument(sZ-i-n pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -In -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given r the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. STATE OF NEW JERSEY y GXSUAQ-. County of Essex ��� �'0 w � J 1936 * ROBERT W. MINSTER Chief Executive Officer (International Fidel'ty 't'ElydERS�� Insurance Company) and President (Allegheny Casualty Company) On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written, 9.1N NOTARY Z r ! pUR Im uC y: ' N" ,,Pi Z, A NOTARY PUBLIC OF NEW JERSEY Q•• . My Commission Expires April 16, 2019 N, OF NEW ���`'""""""���` CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby ce: iffy that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. tom day ofJ �lt�l� 1.011( ACKNOWLEDGMENT 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 the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On June 10th, 2016 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan , who proved to me on the basis of satisfactory evidence to be the personol whose name is re syb,sc ribed to the within instrument and acknowledged to me tha h�helthey executed the same in �s erttheir authorized capacity), and that ber/their signatures on the instrument the personAK,, or the entity upon behalf of which the perso" 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. WITNESS my hand and official eal. Signature JIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL E. B. STRAHAN ;F Commission # 2069654 7 z =e; Notary Public - California !� San Diego County p' Aly Comm. Expires Jun 25, 2018 (Seal)luunununnnuunuunnuunuuuuunuunnuuununuuuuumm�. IFIC S` � PAYMENT BOND Executed in triplicate Bond No. 0701227 Premium included in performance bond KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Marsh Creek, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, with its home office at One Newark Center, 20th Floor, Newark, New Jersey 07102, a corporation organized and existing under and by virtue of the laws of State of New Jersey, and duly authorized to transact business in the State of CA , as Surety, are held and firmly bound unto City of San Rafael (hereinafter referred to as "Obligee" in the penal sum of sixty five thousand two hundred forty three dollars and 001100 $( 65,243.00 ) dollars, for payment of whichwell and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. SIGNED and sealed this loth day of June 20 10 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the 1st day of June 2010 enter into a written contract with the Obligee for Marin Emergency Radio Authority (MERA) Tower Retrofit Project, City Project No. 11290 (hereinafter "the Contract"). NOW, if the said Principal shall pay all valid and adequately documented claims asserted by Claimants as defined herein, we agreeing and assenting that this undertaking shall be for the benefit of such Claimants, then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety under this bond, are to be credited against the penal amount of the bond. No suit or action shall be commenced hereunder by any Claimant: a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to all of the following: The Principal, the Obligee, and the Surety above named, within ninety (90) days after such Claimant did or performed the work or labor, or furnished the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety, as the case may be, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such services need not be made by a public officer; b) After the expiration of one (1) year following the date upon which the Claimant last performed work or furnished materials under said contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the District in which the project, or any part thereof, is situated, and not elsewhere. Definitions: Contract: The agreement between the Obligee and the Contractor identified on the signature page, including all Contract Documents and changes thereto. Claimant: An individual or entity having a direct contract with the Principal or with a subcontractor of the Principal to furnish labor, materials or equipment for use directly in the performance of the Contract. Labor: Net wages only due and owing for work directly in the performance of the Contract, and shall not be deemed to include union dues, fringe benefit or similar contributions, employee withholding taxes (or any other taxes), bonuses, form of compensation or remuneration whatsoever. Marsh Creek, LLC Attest: Principal: NP--( INTERNATIONAL FIDELITY INSURANCE COMPANY Attest: see attached notary C -- Michael Michael R. Strahan Attorney -In -Fact + (Seal) 2 TO (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MICHAEL R. STRAHAN, MARLENE E. CARLES San Diego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.This Power of y yy g and may be revoked, pursuant to nd of the Laws of INTERNATIONAL SURANCE COMPANY INTERNATIOALLEGHENY AL F DEL TY NSis URANCE COMPANY at granted meeting dulyahe�ld on the 0th -day of July, 2010 resolution ndlby he Board of by ecctto Board AELITY LLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -In -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds undertakings, recognizances contracts of indemnityand other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. p STATE OF NEW JERSEY 0p5UAt a�t c, County of Essex ��t. 0 a 1936 * ROBERT W. MINSTER Chief Executive Officer (International Fidelity H�q, J5R5�� Insurance Company) and President (Allegheny Casualty Company) On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. C' ��ssio,y • Gc� � Ft U NOTARY A •:� Oil - PUBLIC y: 4 A NOTARY PUBLIC OF NEW JERSEY ..... •{9•' S My Commission Expires April 16, 2019 .�OFNEW -10e,`�• 44"I��figsu0'%% CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby csrtify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Jf�1� f ZCJ1� .. '.:. CO, As9istaht Secretary .. . ACKNOWLEDGMENT 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 the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On June 10th, 2016 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the person�aj whose name is re sLoscribed to the within instalment and acknowled ed to me that he helthey executed the same in is erltheir authorized capacityoe , and that ber/their signatureeeelpy on the instrument the personky,, or the entity upon behalf of which the person" 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. JIIIIIIIItIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUWIIL'_'. E. B. STRAHAN WITNESS my hand and official seal = :`"T'`..• Commission #2069G54 E; -c� Notary Public- California I San Diego County �,� J My Comm. Expires Jun 25, 2018 Signature (Seal)uumuuuumuununuumuutumnnnuunuuuuuuuunnumunl�. J ' CITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORKS MEMORANDUM 1 DATE: June 20, 2016 FILE NO. 08.14.06 TO: Jim Schutz, City Manager FROM: Hunter Young, Assistant Civil Engineer SUBJECT: MERA Tower Retrofit Project Project Summary The Marin Emergency Radio Authority (MERA) Tower Retrofit project includes the following items of work: • Structurally retrofitting the existing radio tower on Dollar Hill; and • Installing radios at Public Works, Dollar Hill tower, and in the field at various traffic signals. The MERA tower project will serve to close the missing link between traffic signal improvements downtown, constructed as part of the Regional Transportation System Enhancements (RTSE) and Queue Cutter projects, and Public Works. To ensure staff in Public Works can monitor traffic conditions downtown, this project is necessary. The cost of this project is $65,243, and will be paid for out of gas tax fund #206. The City and MERA have entered into an agreement in which MERA will pay 50% of the structural retrofit cost, or $16,103 resulting in a net cost to the City of $49,140. W: •.18 Traffic .18 14 Construction Projects - Informal\ 18.14.06 Marin Emergency Radio Authority (MERA) Tower Retrofit and Equipment`•Correspondence.MemorandumS\'-)016-06-20 - Contract Summary for Jim Schutz.doc PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your - contract as you circulate it for review and signatures. Please use this form for all professional services aareenients/contracts, (not just those requiring City Council approval). Tllis process should occur in the order presented below. Step Responsible - -_- VDescription Department I City Attorney Review, revise, and comment on draft ;lgreement. 2 Contracting Department Forward final agreement to contractor for 3 Contracting Department 4 City Attorney their signature. Obtain at least two signed originals from contractor. Adendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attomey/City Ordinauce�. _ Completion Date s�Z�r�_� C �.,. '/'%'-J' /:W Rwrtvtkc" Gu LL/ IMP Ni 1A HT' -1 Review and approve form of agreement; Fi-vrw4� �LIP) bonds, and insurance certificates and �..i +..,.1—. .%k �� t ce endorsements. _ _ �� QrAL Oic`<<ip i II,, 5 City Manager /Mayor /or Agreement executed by Council aitlhorized DepattmentHead_ _ official. C City Cleric City Clerk attests signatures, retains original l agreement and forwards copies to the contracting; department. To be completed by Contracting Department: Project Manager: ✓k+e--/ Project Name: M t P-� � 7_U�,1- P.,VJvo--F P'1' c� flgendizcd for City Council Meeting of (p "cessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. Marin Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 415-382-7335 legals@marinij.com 2070419 CITY OF SAN RAFAEL CITY OF SAN RAFAEL CITY CLERK, ROOM 209 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 SAN RAFAEL, CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 04/20/2016 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 11th day of May, 2016. Signature PROOF OF PUBLICATION Legal No. 0005714242 CiTY OF SAN RAFAEL- DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice Is hereby given -Mat the City of San Ra- fael Department of Public Works wilt receive bids for furnishing all labor. materiels, equip- ment and services for MARDI DAERGENCY RADIO AUTHORITY (Lou) TOWER RETROFIT PROJECT CITY PROJECT NO. 11.290 A mandatory pro -bid watktirroagh muting Is sdrodulad for Wadnvsda>r, May �, 2016 rrt 10*0 am at tho MEI toww N1 Contractors shall access tare Site via the fire road located at the end of Chula Vista Drive. It is recom• mended contractors drive a 40 vehide to the site. Only time contractors who have attend• ed the pre-bid walkthrough will be allrnred to submit a bid for this pro]ect. Each bid shall be in accordance with the plans and specrflcatlons. and other contract dew• ments. now on file, and available for examina• tion, at the Department of public Works, 111 A1C yr Street, Sir Rafael, CA 94901. Public War will not sell hard copies of the contract documents. Bidders shall obtain copies of the contract documents h logging on to w_ww_htuepr�ntex_press,com/sanrafael or by calling 9PXpress Repro4aphlcs at (sio) s59 - a299 ore•nwlling Rlehmond@b[geprintexppr45y.4om_ Cost of Cort tract 3acirrnents shall be Twenty -fore Dollars ($25,00) per set, non-refundable. Shipping and handling costs are extra and prices range de- pending on the delivery method. At the bidde- r's request and expense, the contract docu- ments can be sent by overnight mall, Bidders can supply their shipper account number to expedite processing. Electronk: contract door mems (PDF format) can also he ordered for a naarefundab'e fee of $25 per set. All bidders must purchase a complete set of contract documents (hard copy or PDF format) from BPXpress Reprographics to be Included on the planholders list and to receive addenda notl& cations, Nis the respansibBlty of each pro- spective bidder to carrdrm his/her Nim is on are not availablefrom the City. Bidders are hereby notifJed that pursuant to Section 1776 of IhC Labor Code or the State of California, the City of San Rafael has ascer- tained the general prevailing rate of per diem wages and tater for legal holiday and overtime work in the locality where the work Is to be performed for each craf! Or type of workmen or mechanics needed to execute the contract whiiCh will tie awarded the successful Bidder. The prevail -meg rates so determined by the City are on rDe i the office of fere Cittyy Clem, copies of which are available to any interested party on request. Each bid shall be made out on the forms in- cluded in the contract documents end shall be, accompanied by cash. certified check, or bid, dar's bond for ten ioreent (10°6) of the amount of bid. made payable to the order of tho City of San Rafaat; shall be sealod and filed with the Public Warks Depart 111 mpryhtw Sb*an or ' yafaa C y ts, (20169 at 10".. The City reserves the right to reiiect any or all bids or to waive any informality in a bid. The Contractor shafl have a'ClassJi", "Class C•10- Cir -Class C•St' contractor's Itcerrsa in mood standing registered In the State of Cal 'a at the time of award of contract. No contractor or subcontractor may be listed an a bid proposal for a public works pro ect unless registered with the Department of In- dustrial Relations pursuant to Labor Code sec- tlon 1725.5 [with limited exceptions frorn this requirement for bid purposes only under Labor Code section 1771.1(a)f. No contractor or subcontractor may be award- ed a contract for public work on a public works protect unless registered with the Department of Industrlal Relations pursuant to Labor Code section 1725,5. TWs project Is subject to compliance monitar- Ing and enforcement by the Department of In- dustrial Relations. /s/ Hunter Young PRINTER YOUNG Assistant civil Engineer Dated: April 2D, 2816 NO.451APRIL 20.2016 r BPF. 12101/15