Loading...
PW Bret Harte Restroom Installation ProjectCity of San Rafael ♦ California Form of Agreement for Bret Harte Park Restroom Installation This Agreement is made and entered into this A-6 day of h L 2018 by and between the City of San Rafael (hereinafter called City) and McNabb Construction, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: Bret Harte Park Restroom Installation, 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 with respect to any insurance or coverage maintained by city and shall not call upon city's insurance or self-insurance for any contribution. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within Sixty (60) 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 $1,000 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 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 Two Hundred Thirty -Eight Thousand Nine Hundred Eighty - Three Dollars and 00/100 ($238,983.00) unless a written amendment is executed by the City and the Contractor. BASE BID ITEMS NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE I Mobilization (3% of Base Bid) 2 Signs and Traffic Control 3 Clearing and Grubbing 4 Minor Concrete 5 Restroom Building 1 LS @ $7,000.00 = $7,000.00 1 LS $7,000.00 $7,000.00 1 LS $29,400.00 $29,400.00 400 SF $35.00 $14,000.00 1 LS $114,600.00 $114,600.00 ORIGINAL 6 Shade Canopy, Footings & 1 LS $15,463.00 $15,463.00 AC Patch 7 Bulletin Board 1 LS $4,634.00 $4,634.00 8 Domestic Water Services 1 LS $8,834.00 $8,834.00 @ 9 Sanitary Sewer Lateral 1 LS $17,850.00 $17,850.00 10 Electrical Systems 1 LS $15,190.00 $15,190.00 11 Chain Link Gate 1 LS $5,012.00 $5,012.00 Replacement BASE BID $238,983.00 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 Section22300 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. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: 7\— a- ._. Lindsay Lara Ji i SCht z City Clerk CAMa ger APPROVED AS TO FORM: L'A a "L'. L,- -- Rob Epstein City Attorney On "7 -O. David D. McNabb - President for McNabb Construction, Inc. David D. McNabb - Secretary and Bond #: 1001073663 Premium: Included in Performance Bond Payment Bond CONTRACTOR (.Vaute (11111.4c/dresy): SURETY (Name and Principal Plaee of Business): McNabb Construction, Inc. DBA American Contractors Indemnity Company DK Environmental 801 South Figueroa Street #700 3527 Mt. Diablo Blvd. #306 Los Angeles, CA 90017 Lafayette, CA 94549 OWNER (Nunn alid •1 cldre,nO: City of San Rafael 11Morphew Street San Rafael, CA 94901 CONSTRUCTION CONTRACT Date: Anluunt: Two Hundred Forty Two Thousand Four Hundred Eighty Three Dollars and 00/100 ----- ($242,483.00) Dry:+eription (Noire and Location): BOND August 24, 2018 L)atc (A'or varlrer than Cwmtrucrimi Controut 1)(Itc): Amount: Two Hundred Forty Two Thousand Four HundredEighty Three Dollars and 00/100 ---------- ($242,483.00) .Modifications to this Bond: = None I ^ I See Last Page CONTRACTOR AS PRINCIPAL SURETY Company: (017)01-ateSc(l) Company: (Corporate Seal) McNabb Construction, Inc. DBA DK Environmental American Contracts Indemnity Company natItrea%#—Ot►a{ / [� Signature:. ;antc and lttic:(���,� 'D ,� \'tune turd 'title.: Anthony F. Angelicola Attorney -In -Fact f. lin udditi(nral .yi,t ucrttne.y appe err oil ie kmr page) �rtSsG;E ""7 WOR 'OR IA'FORAl.1170N OAILi' - Name, Address and 7"eh-1711olle) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, En,; iu eer or other lou tv ): AIA Document A312111 — 1 96 4. Copyright ( 1984 by'ihe American Institute of Architects. All rights reserved. WARNING; MING; this AIA n44ttrrIvn1 i* iOi:. i-ay.r orri laic::;Ca`iun i - hes t;n3:.ittu;rtzr,d ',';Iunrct.,cbi>r; rr ars: in!:utir!n pt thi;, AI/'i' Document, or any portion of it 5 r'° a: r:•e , + t r o ^r:r; erttili:' l f 1 l IirC + f,!SlcYi t } f r;;,10m.rrrt L!xlcu t pu_;ita, tl,'Oer the cavy, This document was produced by A1.4 soltware at 14:42:57 on 04;17/2008 under Order No.1000352359.. I which expires on 4/14/2009, and is not for resale. User Notes: (910057406) § 1 The Contractor and the Surety. jointly and severally bind themselves, their heirs, executors, administrators, succeSsors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance All the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly Illakes payment, directly or indirectly, for all sums clue Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim. demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands. liens or suits and tendered defense of such claims, denlands. liens or shits to the Contractor and the Surety. and provided there is no Owner Default. § 3 With respect to Clainiants, this obligation shall be null and void if the Contractor promptly makes payment, dir,�etly or indirectly, for all sums clue. § 4 'fhe Surety shall have no obligation to Clailluults under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety. (at the address described in Section 1 2) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the alllQllflt of the claire. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, ar notice thereof, to the Owner, within 90 clays after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whorl the materials were furnished or supplied or for whole the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 dav5 of furnishing the above notice any contfllunication from the Contractor by which the Contractor has indicated the claim will he paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's cepcnsc take the following actions: § 6.1 Send an answer to the Clainlant, with a copy to the Owner, within 45 clays after receipt of the claim, stating the amounts that are undisputed and the basis for challenging ally aluounts that are disputed. § 6.2 Pay or arrange for paynient of any undisputed anwllnts. § 7 1'11e Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Aniounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Clainlant under this Bond, and shall have under this Bond no obligations to slake payments to, give notices oil behalf of, or otherwise have obligations to Claimants under this Bond. AIA Document A312TM —1984. Copyright C) 1984 by The American Institute of Architects. All rights reserved. YJi RMINC: ihl5 AiA P"wrient i8 i;ro',r-rled hV 11.S: CeIpyri lit Law and Internalional 7rcatics. Unaulhorizod rermori;:ction or drstribulinn pt this AIA Document, or any portion of it, s ;err, (".,;!I it in seserQ k:;L.iI and C.,rItTilItai PCnali e and t'ilf he proseruted L+ t;u:• rn;r.;i;nutn extent possihl�, tinder the lap, This document was produced by AIA software at 14:42:57 on 04,17/2008 under Order No.1000352359_1 which expires on 4/14/2009, and is not for resale. User Notes: (910057406) § 10 The Surety hereby waives notice of any change, including changes of tine, to the Construction Contract or to related subcontracts. purchase orders and other obligations. § 11 No suit or action shall he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date ( I ) nn which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. 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 niailcd or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 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 he decried deleted herefi•outl and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a conitnon law bond. § 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall perniit a copy to be made. 3 '15 DEFINITIONS g 15.1 Clainlanc An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor. materials or equipment for use in the performance of the Contract. The intent of this Bond shall he to include without limitation in the terms "labor, materials or equipment" that part of water, gas, Power. light, heat. oil. gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the wort: of the Contractor and the Contractor's subcontractors, and all other Itellis for which a mechanic's hen Iliay he asserted in the jurisdiction where the labor, materials or equipment were furnished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto, § 15.3 Owner Default: failure of the Owner, which has neither been rellleduetl nor waived, to pay the Contractor as required by the Construction Contract or to perforin and complete or comply with the other ternis thereof. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: riot , therefore, if the above bounded Principal, contractor, pperson, company or corporation, or his or it's sub-contrartor fails to pay any claimant named in section 9100 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, words respect to work on labor performed by any such claimant. that the Surety on this pond will pay the same, in an amount not exceeding the aggregate sum spccifiud in this bund, and also, in caro suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit and attorney's fees to be taxed as costs in said suit The bond shall inure to the benefit of any person named in Section 9100 of the Civil Code of the State of Califoinia so as to give a right of action to them or their assigns in any suit brought upon this bond. The bond is executed and fried to comply with provisions of the act or Lrgislnture of the State of California as designated in Civll Code, Sections 9550.9566 inclusive, and all amendments thereto. ( Space is provided belon•,f'rw additional si','ficftures nf'added parties, other dtafi those appearing nn the curer page. ) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (CorpclratcSeal) Signature: Naliie and 'Title: Address: Signature: Nanle and 'Title: Address: AIA Document A312TIl - 1904. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WssR rNC: Thi;; AIA PoctirnGflt i`, n?e:tr!d i,v i,l ,, Conn(igh! Lav,* :uul intcr;lr;tio; ! =.'rcr ha ,. t!; authcr --d reilr( dt.c, . or distribution of this AIA' Doctimpnl, or any portion of it. 7 rvsui: in Le:r r, c r,.1 .1:,d <a sfninal pr ilnil!e =, "Fill will i.:: flrns?1114 1 i, IN, a nxirn.lra f item noe3it7l9 tind?r the lave, This document was produced by AIA software at 14:42:57 on 04/17/2008 under Order No.1000352359 1 which expires on 4/14/2009, and is not for resale. User Notes: (910057406) "iirTCitiL'AP`i E;OPd': RAC'I t)tt,J 1Nt)t'.htNt't'1' �;On1fA(I�' i'EXAS BONDING COMPANY U; ll I'EU ST':? f'ES SUftE7" r' C:Oit1PAP V U.;3. SPE.CiAI.'i 5' INSUftANCE CO.NIPANY K.[dOW A[_L 11,1EN BY T[ IESE PRLtSFNTS: I -hat irerican Contr ot-ors Indemnity Conipany, a California corporation, Texas Bondinf, Company, an assumed natr:e of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insin- _nee Cornpaw.-, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Anthony F. Angelicola or Maureun E. Schmidt of San Francisco, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hcreby conferred in its name, place and stead, to exccule, acknovvIeclge and deliver any and all bonds, reeognizanees, undertakings or other instruments or contracts of suretyship to include ridctrs, amendments, and consents of surety, providing the bond jTedialtl' £1(I(s not Exl'CCf!4livcil'Who it*'*'`:'_^**r **** ** ** Doilars (S *5.000,000.00* ). This Poker of Attorney shall expire -without further action on November' 3,2019. This Power of Attorney is granted under and by autliority o± the followin;; resohitiont adopted by the Boards- of Directors of the Companies: Be if Rfsolved, that the President, div Vi_e-President, any A:;sktant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full rover and. authority to appoint any omp or more suimble paras m Atturney(s)-in-[tact ut f-"ple,xill and act tnr and on behalf of the Company sub)ect to the following Ilt,,vistca . lr urne)-in-i'''C7 play be glvcn full lloweiand authority for and in the name of anr{ on hehalf..lf thc: f'onipany, to execute, acknowledge anti deliver, any and all bonds, rc.o ,nuances, contras s, ogrecinents or indemnity and other conditionai or obligatory undertakings, including any and all consents for the release of retained pciccntages to wor final estnnai:s on engine-crim, and ceastrl[ctiva contracts, and any and all noticrs and documents canceling or terminating the Company's liability thereunder, and any such insnunlenis so executed by any such Anortev-til-Fact shall be bindin_v, upon the Company as il'signed by the President and scaled and effected by tic Corporate. Secretary'. ve it Resolved, Biat Ilio signature of ally authorized officer and sad! of the Company heretofore o; hereafter aMixed to any power of attomey or any certificate relating therern by facsimi!e, ane! any power of attorney or certificate bearing facsimile signuntue r facsimile sent shall be valid and binding upon the Company with respect to any b"r,d or undcrtaiang to i,'Itich it is auachcd. IIN'I Prrl-iTN ESS 1''1.1 ItEOF, Tire Co mpatlies have causes[ this instrument to bur slgri-d and their corporate seals to be hereto affixed, this 1,.t day of Novetnber, 2016. AIM Ell ICAN CON PIZACfORS l;ti€ EMiN[TV COMPANY 1 GXAS BONDING COMPANI' UN('f L'I) i>"f:4'ri ti ciU[t@"[ Y 4;t1t♦1P:ltil' Ii.S. SP€SCIALTY INSURANCE COM PAN Y C.0!'p0I"it1C Se<Sls .••`tttPf.i C2��'��. p^'F� anri('��, `�."��N it tit. ��'' ...,_ _ '1. .. I a - y Prc�- Daniel I . Aguilar, Vice President. ,. .r •V O A notary' public or other officer completing this certificate verifies only the identity ol' the individual who signed the document to which this certificate is aitached, and not the truthfulness, accuracy, or validity of that document. ;;tate of Caltfomi'i_..�___�._�_..._.____.,-.. Count} of l -o : Argele: SS Oil this 151 day of ivroycmber, 2f116, hcfirr file, Sr:btna Nlorgcnstem, a notary public, per,ionally appeared Daniel P. Aguilar, Vice President of American Contractor,; indemnity Company, Texas Bonding Company, United State; Sun.ty Company and U.S. Specialty insurance Company who proved to me on the basis of satisfactory evidence to he the ner;or. name is sutlscrtl:etl to the :1ilhta instrument and acknowledged tome that Ire executed the same in his nuthoriad capacity, and that by Ins signature un the instrument the ncrson, or the entity upon behalf of which the person acted, executed the instrument. i certify under PLNAi_1 Y Of- PL- R11-RY under the lawe of the State ofCulilbrlia that the toiegoing paragraph is title and correct. 11 (NESS ray hand and official seal y ^•^ tom= - - ' � t F,ABINA MORGENSTEM C s:' + Commission # 2129258 Sihnatun: __._ (Scalj 'p- .r iJotary Public - Calltorn{8 SIr las Angeles County My comm. Expires Nov 3, 2010+ 1, Kio Lo, Assistant Secretary of /±noncan Contractors Indemnity Company, Taxa; Bonding Company, United States Surety Company and U.S. Specialty lusurance Company, do hcreby certify that the above and fbreeoing is a trite and correct cony of a Power of Attorney, executed by said Comprimes, which is still to full foroe and effect, flirthcnnore, the resolution; of the Boards of Directors, set out in the Power of Attorney are in full force and effect. �/ In li itnoss Whcreo` I have lrerett�o set my `rind anti affixed the seals ofsaid Companies at Los Angeles, California thisQ(�T M day of _ tle— Coll.,olate Seal Kin, Lu, Assistant Secretary Bond tio.lQ�L%LeL L' n? 1 A(;t.nt.} [do. _.. _ �00_ ''Li�oai. y�j CALIFORNIA ALL-PURPOSE ACKNOWLEDGPRENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On j before me, Date ..E annet Sandoval O uendo, Notary Public Here Insert Name and Title of the Officer personally appeared Anthony F. Angelicola Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(,') is/M subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/A)kt MX authorized capacity(DO)Q, and that by his/AXta MXtKsignature(,V on the instrument the person(, or the entity upon behalf of which the person(K) 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. *- .SL=T ELIANNET SANDOVAL OQUENDO U a COMM. # 2174541 nature Si NOTARY PUBLIC • CALIFORNIA n 9 CONTRA COSTA C!;Utd'EV C Signatur of Nofary Public COMM. EXPIRES DEC. 16, 2020'' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: T_ Capacity(ies) Claimed by Signer(s) Signer's Name: L_ Corporate Officer — Title(s): C Partner — Limited —1 GerTeral C In Attorney in Fact F Trustee Guardian or Conservator Ll Other: Signer Is Representing: Signers Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 0c2014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876 6827) Item #5907 Bond #: 1001073663 Premium: $4,850.00 tYA ®�cument �3°�2T�� _ 1984 Performance Bond CONTRACTOR (Name and Address): SURETY (Name and Piinvipul Place of Business): McNabb Construction, Inc. DBA American Contractors Indemnity Company DI< Environmental 801 South Figueroa Street #700 3527 Mt. Diablo Blvd. #306 Los Angeles, CA 90017 Lafayette, CA 94549 OWNER (Nome and Address): City of San Rafael 11Morphew Street Sat. Rafael, CA 94901 CONSTRUCTION CONTRACT 1)aw: A111OLint: Two Hundred Forty Two Thousand Four Hundred Eighty Three Dollars and 00/100 ---------- ($242,483.00) Description (Hunte and Locution): Bret Harte Park Restroom Installation Project BOND I):itc (Nor earlier than Construction Contruiv 1)ute): August 24, 2018 '\niotint: Two Hundred Forty Two Thousand Four Hundred Eighty Three Dollars and 00/100 ---------- ($242,483.00) Modifications to this Bond- F None = Sec Last Page CONTRACTOR AS PRINCIPAL SURETY ("onipany: (Curponitc Seal) Company: (Corporate Seal) fvic.rJabb Constr n Ind a American Contractors I !!K � ty Company 5ignature: Signature: Fame cud ilei �, /ftC 1\41111C and Anthony F. Angelicola 'title: s1 'Title: Attorney -In -Fact i, lr>r trdr itiunrrl si,nrrnn r r uppeur un rhe last po,e) (1,'OR 1NFORAIA170N ONLY - Name. Address trod telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Aiy-hiteet, Lit,,inecr or outer pen tt ): AIA Document A312T'" — 1984. Copyright C'r 1984 by The American Institute of Architects. All rights reserved. Thi* AIA 9otattnont 15 by tl , Gol; r I, hi L.rx arr.i i•tG�=rr:r:u�n �; ;,•• to � tJreuil.hnri�;�r; rFi:r!';!tdcar,;i or r9airir.!dionof this AIA Dncumenl, or any portion ❑1 it. t- an'f :era }'c to the. ❑ i-tYimt+m extent possible und69 the la4v, This document was produced by AIA software at 14:42:57 on 04/17/2008 under Order No.1000352359 1 which expires on 4/14/2009, and is not for resale. User Notes: (910057406) § 1 The Contactor and the 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 hti reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen clays after receipt of such notice to discuss methods of performing the COnst ICtion Contract. 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, and § 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty clays after the Contractor and the Surety have received notice as provided in Section 3.1: and § 3.3 The Ownei has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the ConstRICton Contract of- to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3. the Surety shall promptly and at the Surety's expense take one of tilt; following actions: § 4.1 Arrangc for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors: or § 4. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for pa•fornuunce and completiOli of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the co.ntrartor ;elected with the Owner's concurrence, to be secured with perf<lnnance and payment hands executed by a qualified surety tiquivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section C in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with WIlSonable 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, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Stiction 4 with reasonable promptness, the Surety shall be deemed :o be in default on this Bond fifteen 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 Opt ner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the p,1yment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any rennedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety CIMS to act under Section 4.1, 4.2, or 4.3 above, than the responsibilities of the Surety to the Owner shall not be :_'reatcr than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the 5 iety shall not be greater than those of the Owner under the Construction Contract. To the limit of the annount of III . Bond, but subject to commitment by [he Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contact, the Surety as obligated without duplication for: AIA Document A312TIl — 1984. Copyright n 1984 by The American Instilute of Architects. All rights reserved. t'JARN NG.; Thi. kl DgS'tittlC'-nt Is icu ov U.;, if', h' feta ill! (i tntoriIiili0nZ)I T. rr,;!r, s Ur; ru0101 r ri iTi+r0aucaao or (if strihufirm aI this; AIADocument, or any portion of it. 2 peva:tbals inti wi+ i l.c ,3r ; r,.cu! :i Lo it,e wa:Jmu:n a,xt sat possible tinder the lays. This document was produced by AIA software at 14:42:57 on 0.4/17/2008 under Order No.1000352359 _1 which expires on 4/14/2009, and is not for resale. User Notes: (910057406) § 6.1 The responsibilities of the Contractor for correction of defective wort: and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failt1re to act of the Surety under Section =l: and § 6.3 Liquidated tlanlages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed Performance or non-performance of the Contractor. § 7 The. Surety shall not he liable to the Owncr 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 or successors. § 8 "I'hc. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 9 Any procceding. legal or equitahlc, 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 he instituted within two years after 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 unticr this Bond, whichever occurs first. if the Provisions of this Paragraph are void or prohibited by law, the minimum Period of limitation ay.uilablc to sureties as a defense in the jurisdiction of the suit shall he applicable. § 10 Notice to the Surety, the Owner or the Contractor steal I be mailed or delivered to the address shown on the si"llature page. § 11 When this Bond has been furnished to comply with a sruuuory or other legal requirement in the location where the construction was to he performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 'I'he intent is that this Bond shall be Construed as a statutory bond and not as a common law bond. § 12 DEFINITIONS § 12.1 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 matte, including allowance to the Contractor of any amounts received (i- to be received by the ONNIner 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 unticr the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Document, and changes thereto. § 12.3 Contractor Default: Failure of the. Contractor. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § '12.4 Owner Default FailtIIV of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A312Tr1— 1984. Copyright O 1984 by The American Institute of Architects. All rights reserved. 4'IARWNC: This Alai 044 InIVltt i5 ae1 hV U. ; (np• ric±h! Lacy ar ri Iraemaiii�nal ireahca lJiruiiu3riz: ib rrFrrecfui;tinsc cr r1: lriUut;onpf this AIA Document, or any portion of it. c:i.;i aari cnuuri,rl ,�en;c11;_�c..mJ Gill {�c e.r ci�rctr.:. to ti+t• n li' imx:m exten, I o,sit:),• flouter the Iayi, This document was produced 3 by AIA software at 14:42:57 on 04/17/2008 under Order No.1000352359 1 which expires on 4/14/2009, and is not for resale. User Notes: (910057406) § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (SI)ace is provided helon• for- aciclitiorral signattrr-es of added pcu ties, ether than those crppem•ing on the corer page. ) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea/) Company: (Corporate Seal) Signanlre: ante and Title: Address: Signature: Vamc and 'Title: Address: AIA Document A312TM — 1984. Copyright 0 1984 by The American Institute of Architects. All rights reserved. VJA.RNtN:i; This AIA Pocurront 15 rolccbld by U.`.: Co1wriglit Law and InI(M10tionai Trt:dlnCe. Unautlit); ?Cd r #ii ,:duction or distribution of this AIA' Document, or any portion of it 4 +i;r: result m sebCtC ++.'ii -a or, cr;mmoI penartie:;, and wi,i Euf rse+ ,rt+•.i to tho rrayrvitit;i extent PuGsl a tinder the late, This document was produced by .AIA software at 14:42:57 on 04/17/2008 under Order No.1000352359.1 which expires on 4/14/2009, and is not for resale. User Notes: (910057406) I'MA1i''R OF ATTORNEY C?t',EtNE`y' A ti T: Ft{/',lN 4 Otti'1'RA('1 CiF:S Ii-1T)f{ tlitiT'('1' �.`.l)lit'r3fdY FE'X s B0NDiNG CU'NPANY UNI r ED S'I':'. i'CS SU12i:'i'Y COt,IPAN`i' lil.,`y. ,'i!"f'sf'FAL-1- INSUft.ANCL Co'FiPANY Kidtab'd ALL i IEiv BY T11ESE PRESEl',ITS: That American Contractors Indemnity Company, a California corporation: Texas Bonding Company, an assumed nau;e of Amcrican Contractors Indemnity COmpatTv, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Tcxas corporation (collectively, the "Companies"), do by these presents tnalce, constitute and appoint: Anthony F. Ari elicola or Maureen E. Schmidt of San Francisco, California its true and lawful Attorney(s)-ill-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place anti ,tcad, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other irtstrurnents or contracts of' sur'ety'ship to include riders, amendments, and consents of surety, providing the bond a- ** *t. a:;:***;:*i:*;: * ** +*;:x; **a****** *5,000,000.00* perralty does not exceed _ __- _ E'i:�c idlillion*_ _ _ Dollars (5;). This Power of Attorney shall expire .vithotit Further action on NOWITiber +,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Beards of Directors of the Companies: 3e it Rt�rehed, that the Ptc idem, any Vice-Presidmu. any Assismnt Vice-I'residt:nt, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint Any rine ar rnore suit; hle persuns Al; '• tunteyisi-in-Part to rcpres.k!nt and act tier and on hehalf of the Company subject to the following 13-:)t mion": Arivi ner'4n-(?act may be Liven full po'xur i:rd authority I'm cod in the name of rid ,:n behalfof thr Company. to execute, acknowledge anti deliver, any and all bonds, r.co_,aizances, contracts, agn-enients or indemnity and otiiei cont+.itional or ui livatoy underinkings, including any and all consents for the release or retained lincentattcs and,'or final oulnue, nil cnr;uhccrini; and construction con!racts, and ant, and all rntice:, and cincuments canceling or terminating the Company's liability dieteund:n, and any such mstrtunent; so es:ccntic! by am such Aaonhey-in-Fact shall he biuding upon thu Company as if signed by the Presi(lerit and scaled and effected by'hc Ca:vera:c Scrrcrry. aR mlved, ti at tete sienattue rrany ;:nixanLeti officer and Beni of tlhc Corrin': ov hetetof'ore or hereafter affixed to any power of attomey or any certificate relating thereto b facsimile, and any rower of anorncy or certificate bearing taesinnte signature or facsimile seal shall be valid and binding upon the Company with respect to any bud or undetat;tn4, to v.hich it is amici -di l'Ni `Arl"1-1'4ESii'. HEREOF, Tho! Companies hate caused this instrument to be signed and their corporate seals to be hereto affixed, this Ist day of Novctnber. 2016, AMERICAN CuNi"f'l,Af;'t'til?S I':I3E19NtTN' CCi17P,k.4't TEXAS RONDiNC: COMPANY Corporate Seals IJiVi'F f:I) S'l:Ki "r'S SU11 tti:"IT C'Or:1PAN i' Ii.S. SPECIAL: i V INSURANCE COM PAN N' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cervi tcate is attached, tend not the truthfulness, accuracy, or validity of that document. State of Cafifomia County of Los Angeles SS: On this Isi day of November, 2016, before mc, Sabina htorgciistein, a ntdary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texa:; Bonding Company, United States Surety Company and U.S. Specialty Insurance Company v:hm proved to me on the basis of satisfactory evidence to he the ncr.Fam whose name is subscribed to the wi(hin in;Uutnent and acknowledged to me that he executed the same in I& -uthcri:?ed capacity, and that by his signature on the instrument the person. or the entity uputi behalf of which the person acted, executed the instrument. i ccnify tinder PENALTY OF PERJURY under the laws of the State of Califbn;ia that d;e foregoing paragraph is nue and correct. W i 1 NESS my hand and official ;cal. 11211 SABINA MORGENSTEIN Commission # 2129250 Sil;natur.; f� (Banti `r Notary Public - California tAs Anpoles County rr�� I,,J) My Comm. Expirtis Nov 3, 2010 .A�•, .r 1 I°:iv Lo), Assistant Secretary of American. Contractors L•uletnnity C'onpany,'i cxas Bonding t_ouipany, United States Surety Company and U.S. spa: ialty Insurance Con+pany, do hereby certify that the above and foregoing* is a tnic and correct copy of a Power of Attorney, executed by said Co;Thp;mies, which is still in full force and effect; furthrrinore, the resolutions of the 'Hoards of Directors, set out in the Power of Attorney are in frill force and effect. _1 l - Ir. 1Vit : °s:; `+VITereof, leave tic "-tin'( set my hand and affixed Life seals of said Companies at Los Angeles, California this" /day of___ � (_olporate Stals s'YSpi.c�o!' , •'"m in i;,,;.•.. �;.ti �tiiron":'�.:., �, �.., n 3. ,��r /� r _� , :,,w .¢)!�� _ kin l.u, Assistant Secretary Bond IN h � J:: Acencv Ida 2009 71HC::, l'^v n�i rt'1 :C. C /\ t• l,lTJ BV: - i is V7 _ / J•^.� Daniel Vice •�iY'M ;h- , ;��t - 11. Aguilar, rt •c,L i:".Pam `z �,r,��P' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cervi tcate is attached, tend not the truthfulness, accuracy, or validity of that document. State of Cafifomia County of Los Angeles SS: On this Isi day of November, 2016, before mc, Sabina htorgciistein, a ntdary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texa:; Bonding Company, United States Surety Company and U.S. Specialty Insurance Company v:hm proved to me on the basis of satisfactory evidence to he the ncr.Fam whose name is subscribed to the wi(hin in;Uutnent and acknowledged to me that he executed the same in I& -uthcri:?ed capacity, and that by his signature on the instrument the person. or the entity uputi behalf of which the person acted, executed the instrument. i ccnify tinder PENALTY OF PERJURY under the laws of the State of Califbn;ia that d;e foregoing paragraph is nue and correct. W i 1 NESS my hand and official ;cal. 11211 SABINA MORGENSTEIN Commission # 2129250 Sil;natur.; f� (Banti `r Notary Public - California tAs Anpoles County rr�� I,,J) My Comm. Expirtis Nov 3, 2010 .A�•, .r 1 I°:iv Lo), Assistant Secretary of American. Contractors L•uletnnity C'onpany,'i cxas Bonding t_ouipany, United States Surety Company and U.S. spa: ialty Insurance Con+pany, do hereby certify that the above and foregoing* is a tnic and correct copy of a Power of Attorney, executed by said Co;Thp;mies, which is still in full force and effect; furthrrinore, the resolutions of the 'Hoards of Directors, set out in the Power of Attorney are in frill force and effect. _1 l - Ir. 1Vit : °s:; `+VITereof, leave tic "-tin'( set my hand and affixed Life seals of said Companies at Los Angeles, California this" /day of___ � (_olporate Stals s'YSpi.c�o!' , •'"m in i;,,;.•.. �;.ti �tiiron":'�.:., �, �.., n 3. ,��r /� r _� , :,,w .¢)!�� _ kin l.u, Assistant Secretary Bond IN h � J:: Acencv Ida 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On 2 "u 48 before me, Eliannet Sandoval Oauendo, Notary Public_ Date Here Insert Name and Title of the Officer personally appeared Anthony F. An e� I� icola_. _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(K whose name) is/ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/MO(XWX authorized capacity(DO)Q, and that by his/AX0(t XtKsignature(0 on the instrument the person(, or the entity upon behalf of which the person(K) 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. °„> ELIANNET SANDOVAL OOUENDO Signature COMM. # 2174841 - NOTARY PUBLIC - CALIFORNIA Signature of Notary Public ^CONTRA COSTA COL)N'rY n 12020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __._ - Corporate Officer — Title(s): ---- Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing Signer's Name: _ Corporate Officer — Title(s): Partner — Limited F General =1 Individual Attorney in Fact Trustee Guardian or Conservator 11 Other: Signer Is Representing: ©2014 National Notary Association - www. National Notary.org • 1.800 -US NOTARY (1-800-876-6827) Item #5907 RAF,q�! 1 y0 r�TY WITH P�`y CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER Contracting Department: Public Works Project Manager: KM Extension: 3389 Project Name: Bret Harte Restroom Installation Contractor's Contact: McNabb Construction Inc.(David McNabb 925-935-4200) Contract's Email: davemcnabb@hotmail.com 41 - I--+; RESPONSIBLE REVIEWER Step DEPARTMENT DESCRIPTION COMPLETED DATE Initial a. Email PINS Introductory_ Notice to Contractor 6/6_/_2018 KM b. Email Contract (in Word) & attachments to City Attorney c/o 1 Project Manager Laraine. Gittens(a cityofsanrafael.org 6/6/2018 KM a. Review, revise and comment on draft agreement and return to Project Manager 6/7/2018 LG b. Confirm insurance requirements, create Job on PINS, send PINS 2 City Attorney_ insurance notice to contractor. 6/7/2018 LG Forward three (3) originals of final agreement to contractor for their 3 Project Manager signature. k)A-Q,I k 24, l 1 When necessary, * contractor -signed agreement agendized for Council approval — * PSA > $20,000 or Purchase > $35,000: or Public Works Contract > 4 Project Manager $125,000 6/29/2018 KM PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of 5 Project Manager this routing form 8/3/2018 / KM 6 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS and bonds (for public works 7 City Attorney contracts) (� City 8 Manager/Mayor Agreement executed by Council authorized official !/— I—t—�� — 9 City Clerk Attest signatures, retains original agreement and forwards copies to project manager q�Zi 1 �g 10 Project Manager Forward Final Copy to Contractor 41 - I--+; Record Without Fee, Per GC 27383 and When recorded mail to: When recorded mail to: City of San Rafael Lindsay Lara, City Clerk 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 I lillli IIIII IIIII IIIII IIII III III Illll Illll IIIII IIIII Illll IIIII IIII IIII 2C15' -0'C25488 flecolTAInd REC FEE Offirlal Records cnunty Of' CONFORMED COPY Merin SHF11Y Er..6fT Asns.snr-Recorder Gounly iJerk 1 01:40M 19 -Jul -2019 P&ge 1. cr.P 2 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 15' day of March, 2019 and accepted the 151h day of July, 2019; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, 1400 Fifth Avenue, San Rafael, California, 94901, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows: BRET HARTE PARK RESTROOM INSTALLATION PROJECT CITY PROJECT #11326 and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements now on file at the Department of Public Works of said City, and said plans and specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is McNabb Construction, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Rafael, California, on Sut-K 1'1 �'-' , 20 19 CITY OF SAN RAFAEL A Municipal Corporation By 1 BILL GUERIN Director of Public Works L1 1 --I n I Q, QQ 0.00 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 Subscribed and sworn to (or affirmed) before me on this I"1 day of ,Ll\ �A, 20Jq, by Bill Guerin, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. • Signature C N-&, Lindsay Lara San Rafael City Clerk File: 06.01.239