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PW Falkirk Mansion Roofing Replacement 2019City of San Rafael California Form of Agreement for Informal Bids Falkirk Mansion Roofing Replacement This Agreement is made and entered into this ay of A,061, , 2019 by and between the City of San Rafael (hereinafter called City) and Marin County Roofing Company, 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 time, materials, equipment, and labor necessary to perform the work for the project entitled Falkirk Mansion Roofing Replacement." The scope of work shall comprise removal of existing roofing down to the existing sheathing, prepare existing sheathing for re -roofing, replace copper pipe flashings, inspect roof/wall flashings and existing chimney flashing for damage and report, install copper edge metal on all rake edges, install one ply of GAF Tiger Paw underlayment over sheathing, install new fiberglass roofing shingles, install GAF Cobra vent on all main ridges, install new hip -roof ridge shingles, line the existing redwood gutters with fluid applied Sikaflex urethane -based material and fiber reinforcement between coats, install two plies of modified bitumen roof system to flat roofs with traditional roofing, install and remove scaffolding around the building for access to the roof, legally dispose of all removed roofing materials and clean the site of all construction -related debris and materials. Contractor shall conduct the roofing/scaffolding operations in order of south, east and west sides first and the north side last. Scaffolding shall be removed as soon as it is no longer needed for roofing operations. This agreement shall include the GAF Manufacture's 50 -year "System Plus" material warranty and a 10 -year workmanship warranty by the Contractor. The area of work shall be conducted on the Falkirk Mansion roof at 1408 Mission Avenue, San Rafael. 2. 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. 3. Bonds. The Contractor shall provide and maintain during the course of the project, a Labor and Materials Bond and a Faithful Performance Bond issued by a surety admitted in California, to cover the work under this Agreement, both in the amount of $148,511.00. The Payment Bond shall comply with the requirements of California Civil Code sections 9550 through 9554. Both the Faithful Performance and Payment Bonds shall contain a provision for the surety's waiver notice of any changes to the contract underlying the bond. 4. 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, including punchlist items, shall be completed within Fifteen (15) Working Days, and with such reasonable extensions of time as may be requested by Contractor and approved by City. S. 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 working day 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. 6. 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 for work in the following scheduled completed at the unit price stated. This is an estimate of units required. The amount may be less, but shall not exceed the estimated quantity. 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, provided that the total compensation for roof replacement and mobilization work under this Contract Agreement • 1 jl ULJ a- '_172V! a ME � 1 ILA shall not exceed $148,511.00 plus the cost of a Labor and Materials Bond and a Faithful Performance Bond, unless a written amendment is executed by the City and the Contractor. BID ITEMS ITEM DESCRIPTION EST UNIT QTY UNIT PRICE PRICE 1. Mobilization 1 LS g $36,000 = $36,000 2. Cost of Performance/Payment Bond 1 LS ,al $4,500 = $4,500 3. Cost of Waiver of Subrogation 1 LS n $1,900 = $1,900 4. Complete Roofing Replacement to include the following: 1 LS (a -j $112,511 = $112,511 a. Remove all existing roofing to the sheathing; b. Prepare the existing sheathing for re -roofing; c. Furnish and install copper pipe flashings and 2 -piece 0.025 code cap copper vent flashing sets; d. Inspect roof/wall flashing and existing chimney flashing sets for damage and report necessary repairs; e. Furnish and install copper edge metal on all rake edges; f. Furnish and install one -ply of GAF Tiger Paw starter shingle underlayment over sheathing; g. Furnish and install GAF Grand Sequoia, Autumn Brown color singles; h. Furnish and install GAF Cobra ridge vent on all main ridges; i. Furnish and install new GAF hip and ridge matching shingles; j. Furnish and install Sikaflex urethane -based fluid lining to existing redwood gutters with fiber reinforcement between coats; k. Furnish and install two plies of modified bitumen roof system to small flat roofs with traditional roofing; 1. Clean site and legally dispose of construction materials, debris, waste and removed shingles; m. Furnish, install and remove all scaffolding needed to access the roof construction operations. GRAND TOTAL BID: $154,911.00 7. 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 Agreement • 2 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. Due to the short time element associated with this project (less than 30 -days), the Contractor may request payment of services rendered and the City will make its best reasonable effort to pay the Contractor within the following 15 -day billing cycle. (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) 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. 8. 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, shall be paid to the Contractor by the City as soon as possible, (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled 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. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 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 insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 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 additional 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 Agreement • 3 any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 01 04 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 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. 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. Indemnification. (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, Agreement • 4 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. IL 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 hannless 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. 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 To Contractor: Rick Miller City of San Rafael Marin County Roofing Company, Inc. 111 Morphew Street 250 Francisco Blvd West San Rafael, CA 94901 San Rafael, CA 94901 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. Agreement • 5 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). 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. Agreement • 6 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: Jim SC eta City Minager ATTEST: Lindsay Lara City Clerk APPROVED AS TO FORM Robert F. Epstein City Attorney File No. 06.01.244 �a`rtgn 'Roofing Company, Inc. y: {Rick ller Marin County Roofing Company, Inc. By: e Title of Corporate Officer: and Printed Name: Title of Corporate Officer: Agreement • 7 City of San Rafael Department of Public Works March 22, 2019 Attn: Dave Nicholson Email: david.nicliolson@cityofsanrafael org Re: 1408 Mission Avenue, San Rafael 1. Remove all exiting roofing down to sheathing and dispose of all debris to transfer station. 2. Prepare existing sheathing for re -roofing. 3. Replace copper pipe flashings, and two-piece .025 code cap copper vent flashing sets. 4. Inspect roof/wall flashings and existing chimney flashing set (s) for damage and report what is necessary at additional charge. S. Install copper edge metal to all rake edges. 6. Install one -ply of GAF Tiger Paw shingle underlayment over sheathing. Install fiberglass shingles; GAF starter shingles, GAF Grand Sequoia shake -look shingles Autumn Harvest color. 7. Furnish and install GAF Cobra ridge vent on all main ridges. 8. Install new GAF hip and ridge shingles. 9. Line existing redwood gutters with fluid applied Sikaflex urethane -based materials with fiber reinforcement between coats. 10. Install two plies of modified bitumen roof system to small flat roofs with traditional roofing. 11. Clean and remove debris. 12. Includes GAF manufacture's 50 year GAF "System Plus" material warranty and 10 year workmanship warranty by Marin County Roofing Company. 13. Installation of scaffolding around building exterior; as necessary to access lower eaves of roofs. Price: $148,511.00 YES NO 14. Performance/Payment Bond. Price: $4,500.00 YES NO 15. Waiver of Subrogation. Price: $1,900.00 YES NO �r pt City of San Rafael Department of Public Works March 22, 2019 Attn: Dave Nicholson Email: david.nicliolson@cityofsanrafael org Re: 1408 Mission Avenue, San Rafael 1. Remove all exiting roofing down to sheathing and dispose of all debris to transfer station. 2. Prepare existing sheathing for re -roofing. 3. Replace copper pipe flashings, and two-piece .025 code cap copper vent flashing sets. 4. Inspect roof/wall flashings and existing chimney flashing set (s) for damage and report what is necessary at additional charge. S. Install copper edge metal to all rake edges. 6. Install one -ply of GAF Tiger Paw shingle underlayment over sheathing. Install fiberglass shingles; GAF starter shingles, GAF Grand Sequoia shake -look shingles Autumn Harvest color. 7. Furnish and install GAF Cobra ridge vent on all main ridges. 8. Install new GAF hip and ridge shingles. 9. Line existing redwood gutters with fluid applied Sikaflex urethane -based materials with fiber reinforcement between coats. 10. Install two plies of modified bitumen roof system to small flat roofs with traditional roofing. 11. Clean and remove debris. 12. Includes GAF manufacture's 50 year GAF "System Plus" material warranty and 10 year workmanship warranty by Marin County Roofing Company. 13. Installation of scaffolding around building exterior; as necessary to access lower eaves of roofs. Price: $148,511.00 YES NO 14. Performance/Payment Bond. Price: $4,500.00 YES NO 15. Waiver of Subrogation. Price: $1,900.00 YES NO Notes: A. Meets minimums for "Class A" roof. B. No interior cleanup of attic is included. No carpentry is included above. No painting is included above. C. Permitting cost(s) not included. D. Payment terms to be negotiated. E. Window of time for construction is April 29th through May 17th F. Job is figured at prevailing wages. Swiss Re Corporate Rider to be attached to and form part of Bond No: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation 1450 American Lane, Suite 1 100 Schaumburg, IL 60173 NAS 2283615 effective April 8, 2019 on behalf of Marin County Roofing Company. Inc. executed by North American Specialty Insurance Company and in favor of City of San Rafael It is hereby agreed that: E.dl—in„ lan;ua;,e In lu insenM in the Pnsnunl ihmd: IN The lw)nxnl l>tmd shall pmtiele that if the direel nml rae lur1,ra sulc.enlrac.ur tail+lu pa) — of the fulloni-U, the wren n ill pat the ub041mkon ard. ifan arlhm le lms ghl to en(oree the liahviils on ttu Ivmd. .-- Me .11" cs'a fee, to lie r.0 In the caure 116:\ Pen. amhoricnl urder5tttiun 9IIMt mas+rn a claim against a lu)nrnUs.ml. 1=1:\nu.unn due under the t nempiu)rtunI Imurance 01 k with —,-I m uurl: ,, 1.1— 1—if—d 1, 1t o. the l:uhhe 11 L., enntraei. (3):\nnunls required w lie dedneted, nithheld, and paid mer mthe Em plus runt DetadnprtuntDelnrtnunt fnun the xa„es 1d emplu)res of the e-t.ei -I ie iracu,r, under Section 130211 of the Unemployment inmntie e Cnde aiIh rcsluet h. then trlc and lula.o. (c) The pa)ment Wtid shall be condilinml for Die lmynunI in full of the ,halms of alt daim:mts and hs in Icnns inure la dm IuncDI of an) pro m aufli-i I under Stolon 91 IN) h. —”a Claim,pin sl a paynunl t. -I so as In trite a rich( of aeIit) , In that 1—un n that Iu—Wa :n.i¢ns in an aclinn to enf lle the Iiahili111,.111: Wind. Thesurety herehs nailer noticeof x1,) ah:mcc,includinc a h—ze ofti,—w1hr Cunv.... tion G;mr:..w 1,r In rdalol aahcl.mracn. purchase—len and etheroWhpis"ons. Nothing herein contained shall vary, alter, extend any of the terms and conditions of the attached bond and the attached bond as amended by this rider except as noted above, and it is expressly understood and agreed that the liability of the attached bond as amended by this rider shall not be cumulative. This rider is effective on 8th day of April 2019 Signed, sealed and dated this 23rd day of April 1 2019 North American Specialty Insurance Company Surety B y acct Rhodes Attorney -in -Fact 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 Marin On April 23, 2019 before me, Trisha Chang, Notary Public (insert name and title of the officer) personally appeared Karen Rhodes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same 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. WITNESS my hand and official seal. �- TRISHA CHANG sem, COMM. #2258024 o ;1 � � ���•,.,� Notary Pubiic • California a Marin Caunty Gomm. Expires 51p. I4, 2_r� Signature % (Seal) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE CONIPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY I'1IESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under lanes of the State of New Ilampshire, and having its principal office in the City of'Overland Park. Kansas. and Washington International Insurance Company. a corporation organized and existing under the laws of the State of New 1 lampshire and having its principal office in the City of Overland Park. Kansas. each does hereby make. constitute and appoint: MICI I.AEL B. McGOW'AN, SUSAN J. tVIcGOWAN. DEBBIE L. WELSI I JON RICHARD SULLIVAN, KAREN RHODES, and TRISI IA CHANG JOIN I I.Y OR SEVERALLY Its true and lawful Attorney(s)-in-Fact to make. execute, seal and deliver. liar and on its behalfand as its act and deed. bonds or other writings obligatorin the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of'. FIF"IN MILLION (550.000.000.00) DOLLARS flits Poker of Attorney is granted and is signed by facsimile under and by the authoritN` of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and 1\oshington International Insurance Company at meetings duly called and held on the 9th of Ivlay. 2012: "RESOLVED, that any two of the Presidents, am Managing Director. any Senior Vice President, ane Vice President. any Assistant Vice President. the Secretar or any Assistant Sccretary be, and each or arty of them hereby is authorized to execute it Power of Attorney qualifying tine attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any ofthem hereby is authorized to attest to the execution ofany such Power of -Attorney and to attach therein the seal of the Company: and it is FURTIIER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile• and any such Power of Attorney or certilieate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to anybond, undertaking or contract ofsurety to which it is attached." ,J11p1!•jylrr F Y 13V _ .�4�oaPok.grsopy '" SF.I: f1_ tilrcea P. .lndennn, Srnior"irr l'n°silent fOashingtrm lnternarinnal lnvrraace Cnmpanc ='• SL�'"z a taiaaE SSenior Viee President nrtinrth American 5l—ialtr lnsuraner CurnpamJill! �, f'i has `rya 11id1acl :1. IIB, S—enia� �ce�i'remaen��L m�lan nmrn auona nsuruur Canquury n+a.v,vat%�% & Senior Vire Prtsidrn1 nr N. rt 11 A. -nun Specialty I—rum, Cnmpnnr IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17 day of- JANUARY .-)()18 , North ,-American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17 day of JANUARY , 2018 . before me. a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President ol'North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company. personally known to me. who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, OFFICIAL SEAL M. KENNY Notary PuWac -SWIe n.I p;7snF, � s - MyCnm+nbsinn Eapun Ni- Kenny. Notary Public 1210412021 I..Icffrev Goldberg _ the duly elected Assistant Secretan of -North American Specialty Insurance Company and Washington International Insurance Company. do hereby certify that the above and lbregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in lull force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rd day of April .20 19 1r17rcy Goldberg, Aicy Prrsidert .0 Assutan/t 5exrrtcry ci' \W.Nni ton Imrrnnmi ,l h,wa,— C—panv & North A.-- Spectalrr, Insurance Ce.,— AML 3 Originals Issued Swiss Re Bond # NAS 2283615 Corporate Solutions Premium: $3,713.00 PERFORMANCE B N CONTRACTOR: (Name, legal staats and address) Matin County Roofing Company, Inc. 250 Francisco Blvd, West San Rafael, CA 94901 OWNER: (Name, legal status and address) City of San Rafael 111 Morpltew Street San Rafael, CA 94901 CONSTRUCTION CONTRACT Date: Apnl 25> 2019 SURETY: North American Specialty Insurance Company 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Amount: $148,511.00 (One Hundred Forty Eight'Iliousand Five Hundred Eleven acrd no/100) Description: (Name and location) Falltirt; Mansion Rooting Replacement; San Rafael, CA BONI) Date: April 8, 2019 (Not earlier than Constnrction Contract Date) Amount: $148,511.00 (One Hundred Forty Eight Thousand Five Hundred Eleven and no/100) Modifications to this Bond: None ❑ See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTR47OR ASCIPAL (Corporate Seal) SURETY (Corporate Seal) Company attn Co. Doting Compatly, Ltc. Company: North Arlherican Specialty surance Company —71 r . Signature`s Signature: Name 'N- t1(/?�1'' t j ; t`� t' ' Name IC m1111111 -4 - and 11111-4 sand Title: ` -L" ip 1 and Title: Attorney -in -Fact (Any adds Iona! signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Arehireet, Engineer at- other parry:) M.B. McGowan & Associates Insurance Agency, Inc 7250 Redwood Blvd., Suite 110, Novato, CA 94945 (415-8921080) This Document conforms to the ALA Document A311 r'r-1010 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this bond, except when applicable to participate in a conference as provided in Section 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. This Document conforms to the AIA Document A312nf 2010 2 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent ,jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner 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 Construction Contract. 142 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. This Document conforms to the A121 Document A312f f --2010 16. Modifications to this bond are as follows: (Space is pi-orided below for• additional signatio•es of added parties, other than those appearing on the comer page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY Company: Company: Signature: Name and Title: Address This Document conforms to the AIA Document A312'.' - 2010 Signature: Name and Title: Address (Corporate Seal) 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 Marin On April 8, 2019 before me, Trisha Chang, Notary Public (insert name and title of the officer) personally appeared Karen Rhodes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same 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. WITNESS my hand and official seal. .,u,L. TRISHA CHANG a COMM. #2258024 z Notary Public - California 9z ">, Marin County B My Comm. Expires Sep. 14, 2022 Signature (Seal) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: MICHAEL B. McGOWAN, SUSAN J. McGOWAN, DEBBIE L. WELSH JON RICHARD SULLIVAN, KAREN RHODES, and TRISHA CHANG JOINTLY OR SIEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by f`acsinule under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `\e\II Iti;41:I/i �,�o,,ALLTY/ /rrr "�'�' 4atppmun°°uuur;�p r..•. 2•:'G t._ _ _ By Q ,., o AQ,; C, _Z SFAS i i? c Steven Steven P. Anderson, Senior Vice President of Washington international Insurance Company 2•• 1973Qm�\ o & Senior Vice President of North American Specialty Insurance Company Ot-E• i•nmy. y �.. sy.......*� III IIIIINs\\\\ Michael A. IItto S-enior ice resit ent of as ngtonnternat ona nsur5-ce 'off Orr*iutmKtt���p & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17 day of JANUARY 12018 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17 day of JANUARY 20.18 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public -State of ilGnnis My Commission capincs 1 210 412 0 21 M. Kenny, Notary Public I, Jefiiey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8th day of /r April 20 19 l� e Jeffrey Goldberg, Vice President & Assistant Secretary of Washington hnemational Insurance Company & North American specinity Insurance Company Swiss Re North American Specialty Insurance Company Washington International Insurance Company Corporate Solutions Westport Insurance Corporation 1450 American Lane, Suite 1100 Schaumburg, M 60173 Bond# NAS 2283615 Premium Included in Performance Bond KNOW ALL BY THESE PRESENTS, that we, Marin County Roofing Company, Inc. as Principal, and North American Specialty Insurance Company as Surety, are held and firmly bound unto City of San Rafael , as Obligee, in the penal sum of One Hundred Forty Eight Thousand Five Hundred Eleven and n0/100 Dollars (g 148,511.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee dated April 25, 2019 for Falkirk Mansion Roofing Replacement ("Contract"), which is incorporated herein by reference for the limited purpose of defusing the scope of the Construction Work. NOW, THEREFORE, the condition of this obligation is such that if Principal promptly makes payment of all sums due to Claimants for labor, materials or rental equipment actually used, consumed or incorporated in the performance of the Construction Work, then Surety and Principal shall have no obligation under this Bond ("Bond"). IT IS FURTHER PROVIDED, that: 1. The obligation of Surety under this Bond shall arise only when all the following conditions have been met: (A) Claimant has, within ninety (90) days of Claimant's last furnishing of tabor, materials, or rental equipment in the performance of the Construction Work, provided written notice of non-payment to Principal, Surety (at the address identified on this Bond) and Obligee stating with substantial accuracy the amount claimed and the name of the party to whom the labor, materials, or rental equipment was furnished; and (B) Claimant has furnished a Proof of Claim to Surety along with the following: (i) A written statement including the name of Claimant, the amount of the claim, the name of the party to whom the labor, materials, or rental equipment was furnished, a brief description of the labor, materials, or rental equipment furnished, and the date on which Claimant last furnished such labor, materials, or rental equipment for use in the performance of the Construction Work; and (ii) A copy of the agreement, contract or purchase order pursuant to which Claimant furnished labor, materials, or rental equipment for use in the performance of the Construction Work; and (iii) A statement of account showing the total amount earned by Claimant, the amount of previous payments received by Claimant, and the total amount due and unpaid to Claimant; and (iv) Copies of all unpaid invoices for which Claimant is making the claim. 2. No suit or action shall be commenced by Claimant under this Bond after the expiration of one (1) year from the date on which Claimant last famished labor, materials, or rental equipment for use in the performance of the Construction Work If the limitation period set forth in this Bond is void or prohibited by law, then the minimum limitation period available to sureties as a defense in the jurisdiction of the suit or action shall apply and shall be deemed to have accrued and commenced to run on the date on which Claimant last furnished the labor, material, or rental equipment for which Claimant is making the claim. For purposes of determining the limitation period, performance of the Construction Work shall not include punch list, warranty, or maintenance work 3. Notwithstanding anything in this Bond or the Contract to the contrary, Surety shall have no liability to Claimant for legal fees or costs or any form of consequential, indirect, punitive, or exemplary damages. No prejudgment or pre -award interest may be recovered under this Bond. Postjudgment interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average I -year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment. Rev. 04117 Page i of 2 4. The aggregate liability of Surety under this Bond shall not exceed the penal sum of this Bond; and the penal sum of this Bond shall be reduced by and to the extent of all payments made by Surety under this Bond. 5. Any suit or action under this Bond shall be instituted in a State or Federal Court of competent jurisdiction in the location in which the Construction Work is situated. No right of action shall accrue on this Bond to or for the use of any individual or entity other than a Claimant. This Bond is not transferable. 6. Notice or demand given to Surety pursuant to this Bond shall be in writing and delivered to the following mailing address or email address: Swiss Re Corporate Solutions — Surety Claims 1450 American Lane, Suite 1100 Schaumburg, IL 60173 SuretyC laimsNA_CorporateS olutionsea swissre.com Definitions (A) The words "Claimant" and "Claimants" mean one or more individuals or entities having a direct contract with Principal or with a subcontractor of Principal for labor, material, or rental equipment actually used, consumed or incorporated in the performance of the Construction Work. (B) The phrase "Construction Work" means all labor, materials, and rental equipment necessary to complete Principal's scope of work under the Contract. Signed and sealed this 8th IN TFIE PRESENCE OF: day of April A.D., 20 19 Marin County Roofing Company, Inc. /_1 Principal 1 j ( t t� Narne:(i Title: ` ? W( --'&--S ) North American Specialty Insurance Company Surety by 164( ¢ G G c " area Rhodes, Attorney -in -Fact Rev. 04/17 Page 2 of 2 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 Marin On April 8, 2019 before me, Trisha Chang, Notary Public (insert name and title of the officer) personally appeared Karen Rhodes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same 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. WITNESS my hand and official seal. TRISHA CHANG COMM, #2258024 zz 0; • Notary Public . California O z ` Marin County M Comm, Expires Sep. 14, 2022 Signature eal) k� SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Ilampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: MICHAEL B. MCGOWAN, SUSAN J. McGOWAN, DEBBIE L. WELSH JON RICHARD SULLIVAN, KAREN RHODES, and TRISHA CHANG JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 9t1i of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is I,1JRTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\\oNllilgih!uq,. ti�Po.... By r_ �oaPolzgSGS SEAL �� Steven P. Anderson, Senior Vice President of Washington International Insurance Company mss=: 2.. SEAL .m & Senior Vice President of North American Specialty Insurance Company tz O. 'i' ••!`.!AMPS: •' a't' � i 2 � �!/ryg1111111111M By 15O ,�bl� •�. ••.•�, �ao Michael A. Ito, Senior Vice President of Washington international Insurance Company �k«Ja,n* utuOsss & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17 day of JANUARY )018 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss' On this 17 day of JANUARY , 2018 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public - State of Illinois My Commission 'xIw,s 1210412021 M. Kenny, Notary Public I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8th day of April 20 19 Jeffrey Goldberg, Vice President & Assistant Secretary of waslunglou International Insurance Company & North American Specialty insurance Company RA f, Z 2 ,TywlTH P'�� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BEI COMPLF:ILD BY INI'l IATING DL,PAR'I'MLNT PROJECT' MANAGER Contracting Department: Public Works Project Manager: David Nicholson Extension: 3454 Project Name. Falkirk Mansion Roof Replacement Contractor's Contact: Marin Countv Rooflnm Company. Inc. Contact's Email: rick@marinroofin�.com Step RESPONSIBLE DL-PAR"fMENT DESCRIPTION COMPLETED DATE REVIEWER (Initials) a. Email PINS Introductory Notice to Contractor 3,38'2019 DN b. Email Contract (in Word) & attachments to City Attorney c/o I Project Ivlanager 1,araine.Gittens'ci cityoI's anrafael.orl, 3128`2019 DN a. Review, revise and comment on draft agreement and return to Project Manager 3?2812019 LG b. Confirm insurance requirements, create Job on PINS, send PINS 2 i City Attorney insurance notice to contractor. 3128!2019 LG Department Approval of final agreement foram to send to contractor. (Provide Dept. 3 Director Director Financial Srrrmnczuy it, Agreement) 3128(2019 BG Forward three (3) originals of final agreement to contractor for their T Project Manager signature. 3129f2019 DN When necessary, contractor -signed agreement agendiced for Council approval C'iry Council approval required for Prolessional Services .-(,reeertretmts m Purchase s oll goodand se rvices rtrry exceed S ?5,000 ,ind for PHbhc IPbr-(-s 5 Project Manager Contra, -is flux exceed '°1'5,000 (Enver date of Council Meeting) NIA NI IN 1= (.r1IN1, I RO I I t'13CL1 :S y.IlIt r1AI,'U P -V Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routing form 1-11 City Attorney Review and approve hard copy of signed agreement [ 12 7 9 �� Review and approve insurance in PINS, and bonds (for public works 8 City Attorney contracts) (1'-L3, �1 1 City 9 Manager?Mayor Agreement executed by C'onncil authorized official Attest signatures, retains original agreement and forwards copies to project �� t 10 Citv Clerk manager 1 I Project Manager Forward Final Copy to Contractor