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PW Francisco Blvd West MUP Lighting ProjectCity of San Rafael ♦ California Form of Agreement for Francisco Blvd West MUP Lighting Project This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and SBC, Inc. doing business as Streamline Builders ("Contractor"), for work on the Francisco Boulevard West Multi -Use Pathway Lighting Project ("Project"). The parties agree as follows: Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On NOycmnbex 1S, 201_, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment, Performance, and Warranty Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 Uniform Standards All Cities and County of Marin (available online at: https://www.marincounty.orq/-/media/files/departments/pw/engineering/2018-ucs-complete- set.pdf?la=en); and 2.14 The following: No other documents. 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and in full compliance with Laws. 4. Payment. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $153,200.00 ("Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. Francisco Blvd West MUP Lighting City Project No. 11309 2019 Form CONTRACT Pagel 5. Time for Completion. Contractor will fully complete the Work for the Project within 20 calendar days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers' compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. Workers' Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. Francisco Blvd West MUP Lighting 2019 Form CONTRACT City Project No. 11309 Page 2 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: City Clerk's Office 1400 Fifth Avenue, Room 209 San Rafael, CA 94901 Attn: City Clerk Copy to: Director of Public Works Email: Bill.Guerin(cDcitvofsanrafael.org Contractor: Name: SBC, Inc. dba Streamline Builders Address: 5710 Olinda Road City/State/Zip: EI Sobrante, CA 94803 Phone: (415) 828-0135 Attn: Cuon4 Lam Email: stream linebuilderscaammail. com Copy to: Xiao Rong Wei 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Marin County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Marin County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. Francisco Blvd West MUP Lighting 2019 Form CONTRACT City Project No. 11309 Page 3 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act'), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. If Contractor is a partnership, a signature from a general partner with authority to bind the partnership is required. [Signatures are on the following page.] Francisco Blvd West MUP Lighting 2019 Form CONTRACT City Project No. 11309 Page 4 The parties agree to this Contract as witnessed by the signatures below: CITY: s/ 3 Jim Schutz, City Manager Date: (� - Attest: s/_ < • Lindsay Lara, City Clerk Date: Name Appr T ed as to form: s/ k,—Robert F. Epstein, City Attorney Date: TI I q s/ I Seal: CUONG LAM, PRESIDENT Name, Title Date: Second Signature (See Section 12.8): s/ XIAO RONG WEI, CEO Name, Title Date: 990877, EXP 2/29/2020 Contractor's California License Number(s) and Expiration Date(s) END OF CONTRACT Francisco Blvd West MUP Lighting 2019 Form CONTRACT City Project No. 11309 Page 5 Bond No.: CMGP0002755 Premium: $ 4,064.00 Executed in Three (3) Originals Performance Bond The City of San Rafael ("City") and Streamrne Builders ("Contractor") have entered into a contract, dated N oye.M b4tV 1S, 201A ("Contract') for work on the Francisco Boulevard West MUP Lighting Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Argonaut Insurance Company its surety ("Surety"), are bound to City as obligee for an amount not less than $153.200.00* to ensure Contractor's faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligations. Surety's obligations are co -extensive with Contractor's obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract, Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise, Surety's obligations will remain in full force and effect until expiration of the one-year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor's termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. Francisco Blvd West MUP Lighting 2019 Form City Project No. 11309 * One Hundred Fifty Three Thousand Two Hundred and 00/100 PERFORMANCE BOND Page 28 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: Underwriting Department - Argonaut Insurance Company Address: C/O CMGIA 20335 Ventura Blvd., Ste 426 City/State/Zip: Woodland Hills CA 91364 Phone: (866) 363-2642 Fax: (866) 495-2510 Email: Surety(a)CMGIA com 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on November 4 , 2019 . SURETY: Argonaut Insurance Company Business. +9�n _..� s/ Stenha 'e Hope Shear, Attorney -In -Fact Name, Title 11/04/2019 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Name, APPROVED BY CITY: t s-1 Date s/ l ) 49 �_, I1*- Date vIlf Lisa A-. ��.1,�� ��T(;ih'„=/dr� / Name, Title Francisco Blvd West MUP Lighting 2019 Form PERFORMANCE BOND City Project No. 11309 Page 29 Bond I^to.: CMGP0002755 Argonaut Insurance Company Premium: $4,064.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady. Shilo Lee Losing, Stephanie Hope Shear, Elizabeth Santos, Latanva Taylor. Stacey Garcia Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. Argonaut Insurance Company URA ;off; ,sae by: :7LIN0�.• • �` t Joshua C. Betz, Senior Vice President STATE OF TEXAS COUNTY OF HARRIS SS: On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. I,y t l ti `rYl . ` YY�JUJII� .•;Z.+"; KnrFii EfiN M MFEM.S ��' ,_Nacnry P.,t• 5:a:e o'Toxo] Nola Public 2 s sem- Conon [x p., n� O' tE 2021 n' ) h7ucari in 5679g3 g I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 4th day of November_, 2019 . �......,:n,.,. ;SEAL•'>._ 4. •�LI.INO�?• •�` James Bluzard , Vice President -Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT C kLL (210) 321- 8400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 '�'.C�' �.�•Ci(^��K��^P.�•�F.PFN.C`ri^l�.C`R�.i`�'.C\ �t �t !a !C'!h •-• - - rN •�^.`eCi�S���vau'�..lA.]Y1�.1'eL'l`a..�a.�Yia�� ^ - - _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES ) On NOV 0 4 2019 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) 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 correok WITNE y hand d official seal. SHIRLEY GIGGLES �� Notary Pu61ic -California ,. •;, a- Los Angeles County Z Signatur Z Commission 4 21631317 D SI i1T g of Notary Public My ('unm Exp!•,. Sep 7 ?020 - .�•; �-�r-z-'x�. -,rte 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: Signer(s) Document Date: 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 General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No.: CMGP0002755 Premium: Included in the Performance Bond Payment Bond Executed in Three (3) Originals The City of San Rafael ("City") and Streamline Builders ("Contractor") have entered into a contract, dated N oyeM%Xf IS , 201�0 ("Contract") for work on the Francisco Boulevard West MUP Lighting Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Argonaut Insurance Company its surety ("Surety"), are bound to City as obligee in an amount not less than $153.200.00* under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Underwriting Department - Argonaut Insurance Compan Address: C/O CMGIA 20335 Ventura Blvd., Ste 426 City/State/Zip: Woodland Hills, CA 91364 Phone: (866)363-2642 Email: Surety@CMGIA.com 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] Francisco Blvd West MUP Lighting 2019 Form City Project No. 11309 * One Hundred Fifty Three Thousand Two Hundred and 00/100 PAYMENT BOND Page 26 Effective Date; Execution. This Bond is entered into and is effective on November 4 , 2019. SURETY: A -onnut Insurance Company Business N Stepp. nie Hope Shear, Attorney -In -Fact Name, Title 11/04/2019 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: APPROVED BY CITY: Date s/ L�t I I V I'l A d& Date Name, Title / END OF PAYMENT BOND Francisco Blvd West MUP Lighting 2019 Form PAYMENT BOND City Project No. 11309 Page 27 Bond "o.: CMGP0002755 Argonaut Insurance Company Premium: $4,064.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Gradv. Shilo Lee Losino, Stenhanie Hove Shear, Elizabeth Santos, Latanva Taylor, Stacev Garcia Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power ofattorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. „.SuRA p Argonaut Insurance Company > SEAL:: 1 a by. 94 , :71IN01: '•.,,������*������,.•' Joshua C. Betz, Senior Vice President STATE OF TEXAS i COUNTY OF HARRIS SS: On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Officia! Seal at the County of Harris, the day and year first above written. KATHLEEN M MF E: 14uj4 urn.`' Y:tiP, N,11 -y pi, t:!i c. $rate 0. 7 03 y:. E =,;E.ra G:omrn. Fzp:,ea .al-15iU27 (Notary Public] U I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 4th day of November , 2019 . i� tf�'•.. 1546 2: _ James Bluzard Vice President -Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF 4Tf ORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. CALIFORNIA M11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On NOV 9 4 2nlQ before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) 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 Nhand aT" official seal. Notary Public 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: 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 General ❑ Individual Attorney In Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 SHIRLEY GIGGLES k� Notary Public - California Z Los Angeles County 0 2163817 —1. Commission My Comm Expiit., SP, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Nhand aT" official seal. Notary Public 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: 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 General ❑ Individual Attorney In Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No.: CMGP0002755 Executed in Three (3) Originals Warranty Bond The City of San Rafael ("City") and Streamline Builders ("Contractor") have entered into a contract, dated NoyCYyyio" IS , 2011("Contract") for work on the Francisco Boulevard West MUP Lighting Project ("Project"). The Contract is incorporated by reference into this Warranty Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Argonaut Insurance Company , its surety ("Surety"), are bound to City as obligee in the maximum amount of 25% of the final Contract Price, unless otherwise specified in the Contract Documents. 2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City's acceptance of the Project ("Warranty Period"). 3. Surety's Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor's failure to makes such repairs in accordance with the Contract requirements, then Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845. 5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Underwriting Department - Argonaut Insurance Company Address: C/O CMGIA 20335 Ventura Blvd., Ste 426 City/State/Zip: Woodland Hills, CA 91364 Phone: (866)363-2642 Fax: (866)495-2510 Email: Surety(i ,CMGIA.com 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 7. Effective Date; Execution. This Bond is entered into and is effective on November 4 , 2019 [Signatures are on the following page.] Francisco Blvd West MUP Lighting 2019 Form WARRANTY BOND City Project No. 11309 Page 31 SURETY: Arzonaut Insurance Company Business Name Ste ha ie Hope Shear, Attorney -In -Fact Name, Title 11/04/2019 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: APPROVED BY CITY: S l Date s/ I I A L1 Date Cal, 4fbcney Name, Title /I END OF WARRANTY BOND Francisco Blvd West MUP Lighting 2019 Form WARRANTY BOND City Project No. 11309 Page 32 Bonrl No.: CMGP0002755 Argonaut Insurance Company Premium: $4,064.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady. Shilo Lee Losino, Stenhanie Hope Shear, Elizabeth Santos, Latanva Taylor. Stacey Garcia Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. URA �• SEAL i �- ;tt, taxa' by: :7LIN0�• • Y:� STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut insurance Company Joshua C. Betz, Senior Vice President On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. -M. qY10JA0 •'rn "'� XA7?iI EEN M MfEKS s�;-• Ji is-No,err �' 6 S:a;e of 7oxOa '�`4' crn,rn ea>,asD'!-,5_zusi (Notary Public) Nu,avi L• 567903 0 I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 4th day of November , 2019 James Bluzard , Vice President -Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :�.C\=.l:C'.FIRMM.�!`��i�.�C.C`C�A�.C:C.C`���!!�w � w � w.ic_-=mow i w. � ••—••-1Y :SYS �.SY� ...�3�•.C`rA:A.C`C',('C.C'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. State of California County of LOS ANGELES ) On NOV 0 4 201q before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) 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 m Ahanandofficial seal. ,1 SHIRLEY GIGGLES s Notary Public - California ca•.izj' Z z �x;. Los Ange.es County Z ;.,Jr Commission # 2163817 Signature My Comm. Expires Sep 7. 2020 ture of Notary Public 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: 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 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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: Department of Public Works Project Manager: David Nicholson Extension: 3454 Contractor Name: SBC, Inc. — Streamline Builders Contractor's Contact: Cuong Lam Contact's Email: stream linebuilders@gmail.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 10/25/2019 NDN 10/25/2019 b. Email contract (in Word) and attachments to City NDN Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 10/31/2019 N LG and return to Project Manager 10/31/2019 N LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 11/1/2019 N HY contractor 4 Project Manager Forward three (3) originals of final agreement to 11/1/2019 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement N N/A agendized for City Council approval * *City Council approval required for Professional Services N Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to DN Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds I1� for Public Works Contracts 1i Ijt� L�,- 9 City Manager/ Mayor Agreement executed by City Council authorized official 1� 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager k $ q