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PW 2018-19 Restriping ProjectCity of San Rafael ♦ California Form of Agreement for 2018-19 RESTRIPING PROJECT This Agreement is made and entered into this I I day of J h -L 2019 by and between the City of San Rafael (hereinafter called City) and Bayside Stripe and Seal, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: 2018-19 RESTRIPING PROJECT, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The required additional insured coverage for City under contractor's liability insurance policy shall be primary and noncontributory with respect to any insurance or coverage maintained by city and shall not call upon city's insurance or self- insurance for any contribution. 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 Fifty (50) 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. 1V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract; provided that the total compensation under this Contract shall not exceed Seven Hundred One Thousand Two Hundred Seventy Dollars and Zero Cents ($701,270.00) unless a written amendment is executed by the City and the Contractor. 6ffilu"IMA # ITEM DESCRIPTION 1 2 3 4. BASE BID ITEMS Mobilization (20% max) Traffic Control Traffic Striping & Pavement Markings a. Pavement Markings (Thermoplastic) b. Green Bike Lane c. Blue Retroreflective Hydrant Marker d. Red Curb e. Blue Curb f. White Curb g. Detail 2 h. Detail 9 i. Detail 22 j. Detail 25 k. Detail 27 1. Detail 27B in. Detail 27C n. Detail 29 o. Detail 32 p. Detail 37B q. Detail 38 r. Detail 39 s. Detail 39A t. Detail 40 Remove Existing Striping/Markings/Markers QUANTITY UNIT UNIT TOTAL PRICE PRICE 1 LS @ $75,000.00 = $75,000.00 1 LS @ $55,000.00 = $55,000.00 40,700 SF @ $4.00 = $162,800.00 3,450 SF @ $15.00 = $51,750.00 160 EA @ $10.00 = $1,600.00 19,800 LF @ $2.50 = $49,500.00 40 LF @ $2.50 = $100.00 1,150 LF @ $2.50 = $2,875.00 3,350 LF @ $0.75 = $2,512.50 18,350 LF @ $0.75 $13,762.50 32,450 LF @ $2.00 = $64,900.00 6,900 LF @ $1.25 $8,625.00 2,150 LF @ $2.00 = $4,300.00 23,250 LF @ $1.50 - $34,875.00 170 LF @ $1.00 - $170.00 1,170 LF @ $4.00 - $4,680.00 7,850 LF @ $4.00 - $31,400.00 530 LF @ $2.50 = $1,325.00 7,800 LF @ $2.00 =- $15,600.00 29,700 LF @ $1.50 $44,550.00 530 LF @ $1.50 = $795.00 50 LF @ $3.00 _ $150.00 1 LS @ $75,000.00 $75,000.00 BASE BID: $701,270.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 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 Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Lindsay Lara City Clerk APPROVED AS TO FORM: Rob Epstein City Attorney CITY OF SAN RAFAEL: G JiSch tz Ci ager CONTRACTOR: Bayside Stripe & Seal, Inc. imy Mughannam [Print Name of Corporate Officer] President [Title of Corporate Officer] and By: Kathleen Mucthannam_ [Print Name of Corporate Officer] Treasurer [Title of Corporate Officer] RAVSI-1 np In. n -q . %C � CERTIFICATE OF LIABILITY INSURANCE `19 MIDD DATE(M05110/200/20 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 707-782-9200 Don Ramatici Insurance, Inc. 731A Southpoint Blvd Petaluma, CA 94954 CONEACT Tony Rossotti PHONE 707-782-9200 FAX 707-782-9300 (AIC, No, Ext): (AIC, No): E-MAIL Tony Rossotti INSURERS AFFORDING COVERAGE NAIC # INSURER A: HDI Global Insurance Co. 41343 AUTOMOBILE X INSURED Bayside Stripe Seal, Inc. POBOX 703 INSURERS: Tokio Marine Specialty Ins. CO 23850 INSURER C, p State Compensation Ins. Fund 35076 Petaluma, CA 94953 05104/2019 05/0412020 INSURER D: INSURER E: BODILY INJURY Per accident $ INSURER F: nnvFRAnPA r_FRTIFIr_ATP WIIIWRFR• 0FVICIr1At MItMR11=10. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR I TR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR $5,000 per claim X X GK20XO01216 05/04/2019 0510412020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDPREMISES (Ea occurrence) $ 100,000 MED EXP (Any oneperson) $ 5,000 deductible PERSONAL & ADV INJURY $ 1'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 191 JE o F] LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS p MODS ONLY AUUTOS ONLY X X GK20XO01216 05104/2019 05/0412020 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Per personl_ BODILY INJURY Per accident $ Peer acc den DAMAGE $ B X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE - PUB674959 05104/2019 05/04/2020 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED RETENTIONS C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSIAT ANY PROPRIETOR/PARTNER/EXECUTIVE F—]X OFFICER/MEMBER EXCLUDE07 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 92535172019 05/04/2019 0510412020 X I PEROTH- =1 ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Please see holder notes. RE: 2018-19 Restriping rFRTIFI(_ATF HAI n;:p rAMrFI I ATInW SANRAF1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of San Rafael City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3501 Civic Center Drive San Rafael, CA 94903-4157 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE SANRAN BAYSIA PAGE 2 INSURED'S NAME Bayside Stripe & Seal, Inc. OP ID: DS Date 05/10/2019 It is agreed that The City of San Rafael, its officers, elected officials, employees, agents and volunteers are named as additional insureds on a primary & noncontributory basis with regard to general liability per forms CG2010(04/13)) and CG2037(04/13)) and with regard to auto liability per forms NICAAI2b03(05/14) & CA0443(11/16). Waiver of subrogation applies to workers compensation per SCIF form 10217(07/14). POLICY NUMBER: GK20XO01216 00 00 CA COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 (Blkt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by written contract and effective Primary Insurance applies: It is agreed that such during the policy period as stated on the policy insurance as is afforded by this policy for the declarations. benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured or its subcontractors, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 (Blkt) © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 (Blkt) POLICY NUMBER: GK20XO01216 00 00 CA COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 (Blkt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract and effective Primary Insurance applies: It is agreed that such during the policy period as stated on the policy insurance as is afforded by this policy for the benefit declarations. of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured or its subcontractors, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. This insurance also does not apply to any structure intended to be occupied as a private residence, not including apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. 2. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the Limits of Insurance shown in the Declarations. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 (Blkt) © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: GK20XO01216 00 00 CA COMMERCIAL AUTO NI CA Al 2003 (05 14) (Blkt) HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by Bayside Stripe & Seal, Inc. (Authorized Representative) WHO IS AN INSURED (under Section II — Liability Coverage, A.1) is amended to include as an "insured" the person or organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" you own if: 1) You are obligated to add that person or organization, as an additional insured to this policy by: a. an expressed provision of an "insured contract', or written agreement; or b. an expressed condition of a written permit issued to you by a governmental or public authority; and 2) The "bodily injury" or "property damage" is caused by an "accident' which takes place after: a. You executed the "insured contract' or written agreement; or b. The permit has been issued to you. SCHEDULE Name Blanket as required by an expressed provision of an "insured contract", or written agreement; or an expressed condition of a written permit issued to you by a governmental or public authority and effective during the policy period as stated on the policy declarations. NI CA Al 2003 (05 14) (Blkt) Page 1 of 1 POLICY NUMBER: GK20XO01216 00 00 CA COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 (Blkt) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract and effective during the policy period as stated on the policy declarations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organ- ization shown in the Schedule above. CG 24 04 05 09 (Blkt) © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: GK20XO01216 00 00 CA COMMERCIAL AUTO CA 04 44 10 13 (AutoBlktWaiver) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bayside Stripe & Seal, Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 (Auto BlktWaiver) © Insurance Services Office, Inc., 2011 Page 1 of 1 - STATE ENDORSEMENT AGREEMENT COMPENSATIONWAIVER OF SUBROGATION =1 IlKllwl BLANKET BASIS HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME BROKER COPY REP B5 9253517-19 NEW NA 7-37-59-07 EFFECTIVE MAY 4, 2019 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING MAY 4, 2020 AT 12.01 A.M. BAYSIDE STRIPE & SEAL INC PO BOX 703 PETALUMA, CA 94953 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SANFRFRANCISCO: MAY 10, 2019 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2572 OLD DP 217 Theo Sanchez From: Theo Sanchez Sent: Thursday, May 30, 2019 11:20 AM To: Ramy Mughannam (ramy@baysidessi.com) Subject: FW: Bayside Stripe & Seal Bonds Importance: High Good morning Ramy, Our City Attorney is asking that you provide replacement bonds for the 2018-19 Restriping Project. Please read the email below to see what additional provisions need to be included. Thank you, Theo Sanchez, PE I City of San Rafael Associate Civil Engineer Department of Public Works Office# 415.458.5326 Theo.Sanchezgcityofsanrafael.ore From: Lisa Goldfien Sent: Thursday, May 30, 2019 10:34 AM To: Theo Sanchez <Theo.Sanchez@cityofsanrafael.org> Cc: Laraine Gittens <Laraine.Gittens@cityofsanrafael.org> Subject: Bayside Stripe & Seal Bonds Hi Theo R1ECEih1, un JUN 1 0 2019 CITY ATTORREY I am sending back the original bonds for this project in the interoffice mail. Please ask the company to provide replacement bonds that contain provisions for the following: Performance bond: A provision that the Surety waives notice of changes to underlying contract. Payment bond: A provision that the Surety waives notice of changes to underlying contract; Provisions complying with California Civil Code Section 9554, which provides: 9554. (a) A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the public works contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer. (b) The payment bond shall provide that if the direct contractor or a subcontractor fails to pay any of the following, the surety will pay the obligation and, if an action is brought to enforce the liability on the bond, a reasonable attorney's fee, to be fixed by the court: (1) A person authorized under Section 9100 to assert a claim against a payment bond. (2) Amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the public works contract. (3) Amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors under Section 13020 of the Unemployment Insurance Code with respect to the work and labor. (c) The payment bond shall be conditioned for the payment in full of the claims of all claimants and by its terms inure to the benefit of any person authorized under Section 9100 to assert a claim against a payment bond so as to give a right of action to that person or that person's assigns in an action to enforce the liability on the bond. (d) The direct contractor may require that a subcontractor give a bond to indemnify the direct contractor for any loss sustained by the direct contractor because of any default of the subcontractor under this section. Thanks, Lisa Lisa A. Goldfien I City of San Rafael Assistant City Attorney 1400 5m Avenue San Rafael, CA 94901 Tel: (415) 485-3080 Lisa. Goldfien(c.-)-cityofsanrafael.org SAN RAFAEL T7 ii [ IT) :`,9711 A a ISY0: CONFIDENTIALITY NOTICE: This email and any attached files are CONFIDENTIAL and PRIVILEGED, Intended only for the use of the individual or entity named as the recipient. If you have received this email in error, please destroy it and notify the sender by reply to lisa.goldfien(a)cityofsanrafael.org Thank you. T E mmmum INSCO INSURANCE SIiRVICES, INC. Undenviiting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17771 Cowan, Suite 100 • Irvine, California 92614 • (800) 792-1546 www.InzeoI)ico.cum CONTRACT BOND - CALIFORNIA Bond 651867P FAITHFUL PERFORMANCE - Initial premium charged for this bond is PUBLIC WORK $14,025.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That Bayside Stripe & Seal, Inc. of PO Box 703, Petaluma, CA 94953 as Principal, and the Indemnity Company of California a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Rafael 1400 Fifth Avenue, Room 209 San Rafael, CA 94901 in the sum of Seven Hundred One Thousand Two Hundred Seventy & 001100 Dollars ( $701,270.00 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated May 9 2019 with the City of San Rafael to do and perform the following work, to -wit: 2018-19 Restriping NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, shall, in anyway, effect its obligations on this bond and it hereby waives notice of any such change, extension of time or alteration of the Contract. Signed and sealed this 9th day of May 2019 J.ayside Stri a &Seal, Inc. _ Principal Iramy Mu annam esident ndemnity Company otj2<ifornia By Sandy 0 naway Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint - ***Jill Seymour, Paul Ramatici, Jenny Hagemann, Sandy Dunaway, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: \ L9%i 't7 NAND /N NNk V p Q� a O� ' GG O Daniel Young, Senior Vice -President -moo; 001 RifF ; �� `0¢PURQr _ W' 1936 W 1 =OCT 5 a : r n = 1967 By. Mark Lansdon, Vice -President 'o,��o LIF°•aopy ���/FOPN�4 a2 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 Orange On February 6, 2017 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Narne(s) of Slgner(s) LUCILLE RAYMOND Commission 0 2081945 Notary Public - California Z Orange County My Comm. Expires Oct 13 2018 Place Notary Seal Above 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/shelthey 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. Signature CERTIFICATE Notary Public The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed In the City of Irvine, California, this " l T/` day of By: ' Cassie J bIrrisford, Assistant Se tary ATS -1002 (02/17) p✓l 1—d- r,,,,,,�. �..-4 AND •`��.�� AN F?y . gi . oRPORgl - A' �. 1936 " OJT ••C'9[IFOR��p•' a�•c G�PPANY 0 G0¢90R4 01? OCT5T�a0 %967 Oy oq<rFOPt�,P �� 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 Sonoma On May 9, 2019 before me, Jenny Anne Hagemann - Notary Public (insert name and title of the officer) personally appeared Sandy Dunaway 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. JENNY ANNE HAGEMANN COMM. #2156191 z WITNESS my hand and official seal. o, , Notary Public. california o Sonoma county d My comm. Expires June 11, 2020 i SignatuS4�g�4t4(Ufk4V-0A11-- (Seal) OHF— INSCO INSURANCE SERVICES, INC. 9YISO Underwriting Manager for: IC® Developers Surety and Indemnity Company C9GpONTO Indemnity Company of California 17771 Cowan, Suite 100 • Irvine, California 92614 • (800) 782-1546 www.InscoDico.com PAYMENT BOND Bond Number: 651867P Premium included to Performance Bond KNOW ALL MEN BY THESE PRESENTS, that we Bayside Stripe & Seal, Inc., PO Box 703, Petaluma, CA 94953 and Indemnity Company of California , a California , as principal (the "Principal'), insurance company, as surety (the "Surety"), are held and firmly bound unto City of San Rafael 1400 Fifth Avenue, Room 209, San Rafael, CA 94901 , as obligee (the "Obligee"), in the penal sum of Seven Hundred One Thousand Two Hundred Seventy & 00/100 Dollars ( $701,270.00 ) for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the entered into a contract (the "Contract') with the Obligee for May 9, 2019 2018-19 Restriping NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal shall fail to pay any of the persons named in Civil Code section 9100, or any amounts due under the Unemployment Insurance Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to the Unemployment Insurance Code section 13020, with respect to the Work, then Surety shall pay for the same in an amount not to exceed the Bonded Sum; otherwise this obligation shall be null and void. Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, shall, in anyway, effect its obligations on this bond and it hereby waives notice of any such change, extension of time or alteration of the Contract. DATED as of this 9th day of May WITNESS/ATTEST , 2019 lel dM BY: Bayside Stripe & Seal, Inc. Name: Ramy Mughannam Title: President Indemnity Company of California �(Sure1Y) B O.Sandy Du ray tt rney-in-Fact (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Jill Seymour, Paul Ramatici, Jenny Hagemann, Sandy Dunaway, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February, 2017. By: ` 0 Daniel Young, Senior Vice -President By: Mark Lansdon, Vice -President State of California County of Orange Q•�I AND14�'.' y•..... F �J.•��ORP R9lFo �y Cie GMPArdrpc G i pPPORq� < - �` •�' 1936 ' _� a9� OC7 5 O a' t r n ' OJ7gLIFOF•;,dLO•� W 1967 C, 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. On February 6 2017 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Names) of Signer(s) LUCILLE RAYMOND Commission #r 20819415 aOrange Notary Public - California Z Courtly 20 My Comm. Ex fres Oct 13 2018 Place Notary Seal Above 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. Signature Lucilly and, Notary Public CERTIFICATE v The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this y �-( (�t� _ p� I � , •`��� AND /,y0 '• ��N �'�- da of PANYo l„�� '`•J(i oRPORq' F A. PPORq Ci g ••\`'u TFp ?may = s G� By: w 1936 {' s = OCT 5 C Cassie J. rrisford, Assistant Se Lary .0. o 1967 = �J�'•egCIFO �P•• L .•- C'Q4IF 1R ATS -1002 (02/17) ,��'' i�� �k *;.�`��• 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 Sonoma On May 9, 2019 before me, Jenny Anne Hagemann - Notary Public (insert name and title of the officer) personally appeared Sandy Dunaway 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. JENNY ANNE RAGE ANN COMM. #2156191 z 0 o ,16 Notary Public • California o WITNESS my hand and official seal. _ Sonoma County { M comm. Ex ires June 11, 2020 Signat"lM�"(Seal) RA FBF! ►1 A 2 yo Cl/ JI h'1TH p �`� 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 INITIA'T'ING DEPARTMENT PROJECT MANAGER Contracting Department: DPW Project Manager: Theo Sanchez Extension: 5326 Project Name: 2018-19 Restriping Project Contractor's Contact: Bayside Stripe & Seal: Ramy Mug_hannam Contact's Email: ramy@baysidessi.com RESPONSIBLE STEP DEPARTMENT DESCRIPTION COMPLETED DATE I REVIEWER (Initials) I 2 Project Manager City Attorney a. Email PINS Introductory Notice to Contractor 4/17/2019 b. Email Contract (in Word) & attachments to City Attorney c/o Laraine.Gittens@cityof'sanrafael.org cityofsanrafael.org 4/17/2019 a. Review, revise and comment on draft agreement and return to Project Manager 4/22/2019 b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor. 4/22/2019 Approval of final agreement form to send to contractor. (Provide Dept. THS THS LG LG 3 Department Director Director Financial Sunuaaq it, Agreement) 4/24/2019 Forward three (3) originals of final agreement to contractor for their BG 4 Project Manager signature. 4/26/2019 THS When necessary, contractor -signed agreement agendized for Council approval C'itp Council approval required for Prgjesrional Services• Agreements and SIV I�g Purchases ofgood5 and senuces that excee'C1575,000 (imifar Piiblic {horAS 5 Project Manager Contracts that exceedS175,000 (Enter dare gfCouncd Adceting) THS PRINT CONTINUE ROUTING PROCESS WITH HARD COPY _ _ Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routing form 5/15/2019 �THS 7 City Attorney Review and approve hard copy of signed agreement S/3a 9 ` Ns Review and approve insurance in PINS, and bonds (for public w rk 8 City Attorney contracts) V%o l) City 6 �` 9 Manager/Mayor Agreement executed by Council authorized official -1 Attest signatures, retains original agreement and forwards copies to project 10 City Clerk manager 11 l2l q 11 1 Project Manager 1 Forward Final Copy to Contractor