Loading...
PW Albert Park Play Area ImprovementsCity of San Rafael ♦ California Form of Agreement for Albert Park Play Area Improvements This Agreement is made and entered into this '2..~ day of Oe, t-o ~(.I( 2018 by and between the City of San Rafael (hereinafter called City) and M3 Integrated Services Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I -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 specifications for the project entitled: Albert Park Play Area Improvements, City Project No. 11299, all in accordance with the requirements and provisions of the "Specifications and Contract Documents for Albert Park Play Area Improvements" dated July 2018, which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. 11-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 Eighty (80) Working Days and with such extensions of time as are provided for in the General Provisions. 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 $500 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. IV -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 ofunits 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; provided that the total compensation under this Contract shall not exceed Five Hundred and Ninety Eight Thousand and Twenty Dollars and 00/100 ($598,020.00) unless a written amendment is executed by the City and the Contractor. ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL PRICE QUANTITY PRICE Mobilization (3 % Maximum of Base Bid) LS @ $12,000.00 $12,000 2 Signs and Traffic Control LS $14,000.00 $14,000 3 Demolition a AC Paving Removal 700 SF @ $10.00 $7,000 b. Clear and Grubb 7,000 SF @ $2.00 $14,000 AGREEMENT• I t\-\-1-31-ORIGINAL ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL PRICE QUANTITY PRICE c. Tree Removal 4 EA @ $1,500.00 $6,000 d. Remove and Dispose Play Equip. LS @ $2,000.00 $2,000 e. Grading 170 CY @ $125.00 $21,250 4 Storm Drainage a Storm drainage play area pipe 200 LF @ $70.00 $14,000 b. Storm drainage play area drain inlets 10 EA @ $1,500.00 $15.000 5 Paving a Decomposed Granite 255 SF @ $22.00 $5,610 b. Concrete Paths and Walkways 1,440 SF @ $22.00 $31,680 c. Concrete Sidewalk at B Street 360 SF @ $25.00 $9,000 6 Planting and Irrigation a. Soil Preparation (horticultural) 2,400 SF @ $4.50 $10,800 b. Irrigation 2,400 SF @ $10.00 $24,000 c. 5 gallon shrubs 23 EA @ $400.00 $9,200 d. I gallon shrubs 44 EA @ $180.00 $7,920 e. Bark mulch 31 CY @ $200.00 $6,200 7 Site Furnishings a. 4' High Black Vinyl Coated Chainlink Fence 280 LF @ $118.00 $33,040 b. Concrete curb 60 LF @ $75.00 $4,500 c. Concrete mow band at fence 230 LF @ $30.00 $6,900 8 Play Equipment and Surfacing (installed) a Resilient Fibar Surfacing and Concrete 1,650 SF @ Ramps @ existing play area $24.00 $39,600 b. Foreverlawn Safety Surfacing 500 SF @ $22.00 $11,000 c. Class II base under safety surfacing 2,520 SF @ $6.50 $16.380 d. Kompan Wizards Hideaway NRO409 LS @ $45,000.00 $45,000 e. Kompan Ship (NR0524-1001 LS @ $35,000.00 $35,000 f. Kompan Playhouse (NRO407-0621) LS @ $25,000.00 $25,000 g. Kompan Bucket Swings (NRO910-l 101) LS @ $10,000.00 $10,000 h. Picnic Table with 3 seats EA @ $4,700.00 $4,700 AGREEMENT• 2 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL PRICE QUANTITY PRICE i. Resilent Poured in Place Safety Surfacing 2,020 SF @ $22.00 $44,440 9 Electrical a Service and Connection LS @ $20,000.00 $20,000 b. Light Standard EA @ $8,000.00 $8,000 Bl Bid Alternate #I b. Restroom Water and Sewer Utilities EA @ $18,500.00 $18,500.00 B2 Bid Alternative #2 a Resilient Poured in Place Safley Surfacing @ 1,650 SF @ existing play area $22.00 $36,300 b. Kompan Parcour 004 NRO854 LS @ $30,000 $30,000 GRAND TOT AL BID $598,020.00 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 of35 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 22300 of the Public Contract 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. AGREEMENT• 3 (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: (I) 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 thereofis 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. AGREEMENT• 4 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: ATTEST: Lindsay Lara City Clerk APPROVED AS TO FORM: Robbp,~ ~ .2 '1 Is,, R,'F/:c City Attorney File No. 22.04.45 M3 Integrated Services Inc. By: Printed Name Officer: n ~e r cJ I Title of Corporate Officer: I" S 1 """-'\ and, /4/J~ Printed Name of Officer: Title of Corporate Officer: C t~D . . ' AGREEMENT• 5 THE GUARANTEE COMPANY OF NORTH AMERICA The Guarantee Companv ,...~ •• One Towne Squar p Executed in Three Counterparts Final Premium is Ba BOND AMOUNT: $ B,OB 4 .oo Final Contract Amm KNOW ALL MEN BY THESE PRESENTS, Th, As Principal, and The Guarantee Company of Nortt Surety, are held and firmly bound unto City of San ;11 ·;?-, . RE~~JVE D L..,___,..'1!")'1 1 2018 As Obligee, in the sum of _F_iv_e _H_un_d_re_d_F._1ftv_Eig_h_t T_h_o_us_a_nd_F_o_ur_H_u_nd_r_ed_T_w_e_nty_an_d_n_o1_1_oo_D_o1_1a_rs~_-_-_-_-_ -_ -_ _______________ ($ ssa,420.00 ) Dollars for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the ___ day of ______ , ___ , the Principal entered into a contract with the Obligee for Albert Park Play Area, City Project No. 11299 Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said Contract in accordance with the plans, specifications and terms thereof, then this obligation shall be void; otherwise, it shall remain in full force and effect. Sealed with our Seals and Dated this 20th day of __ se_p_te_m_be_r __ _ 2018 M3 Integrated Services, Inc. f North America USA Mark E. Shreckengast, Att CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Los Angeles September 20, 2018 On __________ before me, Julie M. Shreckengast, Notary Public Date Here Insert Name and Title of the Officer personally appeared __ M_a_rk_E_. S_h_re_c_ke_n-=g'-as_t _____________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'8) whose name'8) is/~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in hislkl'eo(Mm authorized capacity(jas), and that by his/llJeotMm signature(&) on the instrument the person~. or the entity upon behalf of which the person(&) acted, executed the instrument. r··········· ..... ..., ....................................................................... , • JULIE M. SHRECKENGAST .-COMM . #2188778 -4 ~ ~ :IE NOTARY PUBLIC • CALIFORNIA ~ I-LOS ANGELES COUNTY t ............................. ~~~:.;~~'.~~.;;~:::.~.~:..~ .. ~;;.;.~;) . ..J Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal . ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THE GUARANTEE™ The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Mark E. Shreckengast Summit Surety Insurance Services its true and lawful attomey(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. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 20th day of September , 2018 "' Randall Musselman, Secretary The Guarantee Company of North America USA One Towne Square, Suite 1470, Southfield, Ml 48075 Executed in Three Counterparts PAYMENT BOND BOND AMOUNT: $ Included in Performance Bond BOND NO.: 12165788 ------------- KNOW ALL MEN BY THESE PRESENTS, That we, M3 Integrated services, Inc. -------------------- As Principal, and The Guarantee Company of North America USA, a Michigan Corporation, as Surety, are held and firmly bound unto City of San Rafael As Obligee, in the sum of Five Hundred Fifty Eight Thousand Four Hundred Twenty and no/100 Dollars ($ 558,420.00 ) Dollars for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the ---------,--.---day of ______________ , the Principal entered into a contract with the Obligee for Albert Park Play Area, City Project No. 11299 Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall pay all lawful claims of sub-contractors, materialmen, or laborers for labor performed or materials furnished directly to the Principal, in the performance of said Contract, we agreeing that his bond shall be for the benefit of any sub- contractor, material man, or laborer having a just claim, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following condition: No suit or action shall be commenced hereunder by any claimant. a) After the expiration of one (1) year following the date on which Principal ceased work on 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. b) Other than in a state of 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. Sealed with our Seals and Dated this _20_th __ day of __ s_ep_t_em_b_e_r _ _, _2_0_18_ M3 Integrated Services, Inc . ~ By: ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Los Angeles On September 20, 2018 before me, Julie M. Shreckengast, Notary Public Date Here Insert Name and Title of the Officer personally appeared __ M_ar_k_E_. S_h_re_c_ke_n~g_as_t ______________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/a118C subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/laieotMJair authorized capacity(ias), and that by his/laieotMJair signature(&) on the instrument the person~. or the entity upon behalf of which the person(&) acted, executed the instrument. f .... w ............... JULi.titsHRECKENGAST > e ·····:• COMM.#2188778 ;2 ui ~:'.. -NOT ARY PUBLIC• CALIFORNIA ~ ~ -;t-LO S ANGELES COUNTY ::; • • Commis sion Expires APR 26, 2021 ~ .. Yh-.•Na•J'.VNV•W.Y.._._ ·······-.-. ................ , Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Trtle(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THE GUARANTEE "' The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Mark E . Shreckengast Summit Surety Insurance Services its true and lawful attomey(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 . The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office . The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2 . To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, ii is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relieve this surety company of any of its obligations under its bond . 4 . In connection with obligations in favor of the Kentucky Department of Highways only, ii is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed . IN WITNESS WHEREOF , THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October,2015. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF , I have thereunto set my hand and attached the seal of said Company this 20th day of September , 2018 Randall Musselman, Secretary \ CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shawn Graf Extension: 5347 Contractor Name: M3 Integrated Services Contractor's Contact: Matt McKamey Contact's Email: matt@m3-co.com D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward at least two originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS and, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 9/4/2018 9/6/2018 9/7/2018 9/7/2018 9/18/2018 □ N/A Or 9/17/2018 9/24/2018 Jo/?S/J'o I o/zs-} lie tD /Wlf lD /iu J1i REVIEWER Check/Initial ~ SG ~ SG ~ LG ~ LG ~ SG ~SG ~SG ~ £ V ~ j \J /f'\ u. /'I ~ V~ V\_;