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HomeMy WebLinkAboutCC Resolution 12354 (Street Resurfacing)RESOLUTION NO. 12354
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING THE CONTRACT FOR STREET RESURFACING 2006/2007
LAS GALLINAS AVENUE AND CIVIC CENTER DRIVE, CITY PROJECT NO.
11094, FEDERAL AID PROJECT NO. STPL 5043 (21) TO ARGONAUT
CONSTRUCTORS, IN THE AMOUNT OF $1,054,887.00.
WHEREAS, on the 6th day of September, 2007, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the Deputy City
Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for
doing the following work in said City, to wit:
"STREET RESURFACING 2006/2007
LAS GALLINAS AVENUE AND CIVIC CENTER DRIVE"
CITY PROJECT NO. 11094
FEDERAL AID PROJECT NO. STPL 5043 (21)
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the streets designated for resurfacing are eligible to be funded
utilizing Federal Aid funds; and
WHEREAS, the bid of Argonaut Constructors at the unit prices stated in its bid
was and is the lowest and best bid for said work and said bidder is the lowest responsible
bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
Council approved the streets designated for resurfacing; and
RESOLVED FURTHER, that the bid of Argonaut Constructors and the same is
hereby accepted at said unit prices and that the contract for said work and improvements
be and the same is hereby awarded to said Argonaut Constructors at the unit prices
mentioned in said bid.
RESOLVED FURTHER, that the Mayor and City Clerk of said City be
authorized and directed to execute a contract with Argonaut Constructors for said
work and to return the bidders bond upon the execution of said contract.
RESOLVED FURTHER, that the Director of Public Works is hereby
authorized to take any and all such actions and make changes as may be necessary
to accomplish the purpose of this resolution.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted
at a regular meeting of the Council of said City held on the 17th day of September,
2007, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JEATYNE M. LEONCIN , City Clerk
File No. 16.06.61
City of San Rafael ♦ California
Form of Contract Agreement
For
Street Resurfacing 2006/2007
Las Gallinas Avenue and Civic Center Drive
City Project No. 11094
Federal Aid Project No. STPL 5043 (21)
This Agreement is made and entered into this 17th day of September, 2007 by and
between the City of San Rafael (hereinafter called City) and Argonaut Constructors
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
II - 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 shown on the plans
and described in the specifications for the project entitled: Street Resurfacing
2006/2007 Las Gallinas Avenue and Civic Center Drive, City Project No.
11094, Federal Aid Project No. STPL 5043 (21), 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.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within forty-five (45) working days after the date of
such notice and with such extensions of time as are provided for in the General
Conditions.
IV - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult
to ascertain and determine the actual damage which the City will sustain in the
event of and by reason of such delay; and it is therefore agreed that the Contractor
will pay to the City, the sum of $500.00 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.
V - 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
AGREEMENT • 1
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.
ITEM
UNIT
ITEM
NO.
ITEM I
I QTY I
PRRIICIT
E, $ I
TOTAL, $
1
Mobilization
LS
1
28,552.00
28,552.00
2
Traffic Control
LS
1
155,000.00
155,000.00
3
Asphalt Concrete Overlay (Type A)
TON
10,000
65.00
650,000.00
4
Fabric Reinforcement
SY
15,000
2.05
30,750.00
5
Cold Planing
SY
15,000
2.303.20
34,500.00
6
Deep Lift Pavement Patching
SF
10,000
3.25
32,500.00
7
Thermoplastic Traffic Stripes &
LS
1
46,000.00
46,000.00
Pavement Markings
8
Adjust Manhole Castings to Grade
a. Sanitary Sewer
EA
15
550.00
8,250.00
b. Storm Drain
EA
11
550.00
6,050.00
9
Adjust Castings to Grade
a. Monuments
EA
5
550.00
2,750.00
b. Water Valves
EA
90
375.00
7,500.00
10
Curb Ramp Installation
EA
7
5,000.00
35,000.00
11
Catch Basin to Construct
EA
29
415.00
12,035.00
(:rand To(al
S1,054,887.00
VI - 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). On not later than the 15th day of the month, the City shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the estimate
as approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration
of 35 days following the filing of the notice of completion and acceptance of the work
by the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract from
time to time, without retention of any portion of the payment by the public agency,
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VII - 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
AGREEMENT • 2
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) 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
Hens; (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.
(d) 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 SANpRAFAEL:
Jea ne M. Leon.cini Atberll4oro �
City Clerk Mayor
APPR6 ARGONAUT CONSTRUCTORS
Gl�
�iary T. Raanti %Mi ae�r i Iden
City Attorri� for ARGUT CONSTRUCTnRS
ARGONAUT CONSTRUCTORS
Mic� A. Smith -Secretary
FORA GONAUT CONSTRUCTORS
AGREEMENT • 3
Executed in Triplicate
AIA Doculnenl A.3I2
Performance Bond
Bond No. 58641000
Premium: $6,619.00
Conforms with the American Institute of Architects, AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Argonaut Constructors
1236 Central Avenue/P.O. Box 639
Santa Rosa, CA 95402
OWNFR (Nano and Address):
City of San Rafael
111 Morphew Street, P.O. Box 151560
San Rafael, CA 94915-1560
C'ONSTRUC'TION CON I'RAC I'
SURETY (Name and Principal Place of Business):
Western Surety Company
405 Howard Street, Suite 600
San Francisco, CA 94105
Date. September 17, 2007
Amount: One Million Fifty-four Thousand Eight Hundred Eighty -Seven and 00/100---($1,054,887.00)
Description (Name and Location): Street Resurfacing 2006/2007 - Las Gallinas Avenue and Civic Center Drive
City Project No. 11094 / Federal Aid Project No. STPL 5043 (21)
BOND
Date (Not earlier than Construction Contract Date): September 17, 2007
Amount: One Million Fifty-four Thousand Eight Hundred Eighty-seven and 00/100---($1,054,887.00)
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: Argonaut Constructors (Corpor e )
Signature-
Name and Tiff . ichSSitl'
(Anv additional signatems appear oft page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: M.B. McGowan & Associates
Insurance Agency, Inc., 7250 Redwood Blvd., Suite 110,
Novato, CA 94945 (415-892-1080)
1 I he Contractor and the Surety. Jointly and severally. hind themselves.
their heirs. ewcutors. administrators, successors and assigns to the Owner fior
the performance oh the Construction Contract, which is incorporated herein
ht reference.
2 II'Ihe Contractor perfitrms the'onstruction Contract, the Surer and the
Conlraoor shall hate no obligation under this Bond. cxcepl to participate in
cunlcrcncc. as provided u1 Subparagraph 3. I.
3 II' there is no Otvner Dl`lilllll, the Surcty's obligation under this Bund
~hall arise alley:
3.1 1 he Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Dcluult and has rcqucstcd and attempted to
arrange a conference with the Contractor and the Surety to he held not
later than lillecn days after rcecipt of such notice to discuss I11et1nAll ul'
perlirrnting the C'unstructiun C'onlract. If the Ottner. the Contractor and
the SUret\ agree. the Contractor shall be allotted a reasonable time to
X] None ❑ See Page 2
SURETY
Company: Western Surety Company (Corporate Seal)
Signature:WI.�
a�
Name and Title: Donna J. Fr d, Attorney-in-fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
perflorm the COnS1rUdiOn Contract, but such an agreement shall
not waive the Ottner's right, if' any, subsequently to declare it
Contractor Del'ault: and
3.2 The Ottner has declared a C'untiactor I)elaull and liunutlh
terminated the C'ontractor's rt -ht In complete the contracl. Such
Contrnctor Default shall not he declared earlier than twenty dais
alter the Contractor and the Surety hate received notice us
provided in Subparagraph 3.1: and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perlirrm the
Construction Contract in accordance with the terms of the
contract with the Ottncr.
4 When the ()%%ner has satisfied the conditions of'Pvagiaph 3. the
Surety shall promptly and at the Surctl's expense take one of the
folkming actions.
SURETY 5026 (6-92)
S-IB52/GEEF10/99 Page 1 of 2
4.1 Arninge I'or the Contractor. with consent ol'tile Owner. to perlimn
and complete the Construction Conn•acl: fill
4.2 Undertake to perlirrnl and complete the Cunsiruction Contract
itself: Ihrough its agents or through independent contractors: or
4.3 Obtain bids or negotiated proposals from qualified contractors
ueceplahlc lu the Owner lin a cuntacl torr performance and compdedun
of the Construction Contract, arrange Ibr a contract to be prepared l'or
execution by the Owner and the contractor selected with the Owner's
concurrence. to be secured with perl'ornlance and payment bonds
executed by a qualified surety equivalent to the bunds issued on the
Conslrtclion Contract. and pay to the O%%ner the amount oil' damages
us described in paragraph C, in csccss ol'Ihe Balance ul'tile Contract
Price incurred b% the O%%net- resuilinu from the Contractor's defitull: ill -
4.4
r
4.4 Woke its right to perform mill complete. arrange tar completion.
ur obtain a nett contractor and %%till reasonable promptness tinder the
Circunlst:uteeS:
1 Allcr in%esligutiva. dcluuliuc the arnount lour which it 111a)
he liable to the droner and, as soon as practicable afler file
anunutt is determined. tender pa%inent lherelitr ill the
t )n net or
.2 Ihm liahilil% in %thole or in 1011 and nntilI Ills t)ttm'r
cam,_ reasons ihcrelbr.
5 It' file Stu•ct% docs nal proceed as provided in Pva19aph 4 %%ilh
reasonable promptness, the Sorely ,hall he deemed lu he in del'sutlt un this
Bond lilieen days atflcr receipt of aur addhtonitl %%rillcu notice Ironl the
(honer to the Surety dcnnanding that the tiurct, perlirrin its till ligltiots
tinder this Bond. and the Owner shall he entitled to cnli%rce tiny rented)
available to the Owner. If the tiurct% proceeds as provided in Subparagraph
4.4. and the (honer relttses the payment tendered or the Surety has cicnicd
liability, in whole or in part. without further notice the Owner shall he
entitled Io enlince any remedy available to the Owner,
6 Aller the Owner hits terminated the C'ontractor's right len complete the
C'ohStnar-fion Contract, and it (lie Surer elects to rel undcr Subpurngraph
4.1, 4.2. or 4.3 above. then the responsibilities of the Surety to the Owner
shall not he greater than those of the Contactor under the Construction
Contract, and the responsibilities ol'the Owner w the Surety shall not be
greater than those of the Owner under the Construction Contract. 'I'll the
boot of the amount oI'this Bond, but subjcet to commitment by the Owner
of the Balance ol'tile Contract Price to mitigation of costs and damages on
the Construction Contact. the Surety is obligated %%ithout duplication torr:
6.1 The respunsihiliticS of the Contractor lirr correction of defective
work and completion ol'the Construction Contract:
6.2 Additional legal. design professional and delay costs resulting
firom the C'ontractor's Default. and resulting Cron the actions or failure
to lel ol'the Surcl) under paragraph al: tad
6.3 liquidated damages, or if* no liquidated damages are specified in
the Construction Contract. actual damages caused by delayed
perlbritiance or non-pertilr lance ol'thc Contractor.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
7 The Surely shall not he liable to the Owner or others torr obligations of
the Contactor 111111 fire unrelated to the Construction Contract. and tic
Balance of the Contract Price shall not he reduced or set off on account of
any such unrelated obligations. No right ul' action shall accrue on this Bund
ut any person or entity other than the Owner or its heirs. executors.
administrators or successors.
8 The Surety hereby waives notice ol'any change. including changes of
time, to the Construedon Contract or to related subcontracts. purchase
orders and other obligations.
9 Any proceeding, legal or equitable, tinder this Bund 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 t%%o years alter
C'untraclor Dclimll or within tit°o years atler the Contractor ceased working
or within two ,cars after the Surct) refuses or fruits to perform it,
obligations under this Bund, whichever occurs first. Irthe provisions of this
Paragraph arc void or prohibited by law, the minimum period of limitation
available to surclies as a defense in lite jurisdiction Or the suit shall be
applicable.
10 Notice to the Surety. the (honer or the Contractor shall be mailed or
delivered lu the address shown on the signature page.
11 When this Bund IMS been furnished to comply wish a statutory or other
legal requircitncln in ❑fie location tthcrc the construction was to he
po-l'ornled, an% provision in this Bond conflicting with said statutory or
legal re(Iuircnu:nl shall he deemed deleted herelirunl and provisions
ronlinmling to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is shut this Bernd shall be conSuued as it
Stutulury hand and not as a common law bund.
12 DEFINITIONS
12.1 Balance ol'the Contract Price: The tolial amount payable h) the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been nada:. including allowance to the
Contractor of any amounts received or lu he received h) the Owner in
settlement of insurance or other claims till- damages to which the
Contraclur is entitled, reduced by all valid and proper payments made
to or on behall'al'the C'unlractor tinder the C:onst•uction Contract.
12.2 Construction Contract: The agreement between the O%%ner and
the Contraclur identilied on the signature page. including all Contract
Documents and changes thereto.
12.3 Contractor Dclauh: failure of the Contraclur, which has neither
been remedied nor waived. In perilrrnr or otherwise to comply with
the terms of the Construction Contract.
12.4 Owner Del' failure of the (honer, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform mid complete or comply with the
other terms thercol:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL. SURETY
Company: (Corporate Seal) Company:
Sionaturc: Si -nature:
Nance and I %tic: Name and Title:
Address: Address:
S-1852IGEEF 10199 Page 2 of 2
(Corporate Seal)
4
State of
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
California
County of Marin
Oil September 17, 2007 before me,
personally appeared
Donna L. Welsh, Notary Public
(here insert name and title of the officer)
Donna J. Frowd
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_4) whose
name(50 is, are subscribed to the within instrument and acknowledged to me that-hc/she/thrr executed the
same in ki's/her/t-leif- authorized capacity(ino, and that by 1}is/her4hoi-signature(X) on the instrument the
person(, or the entity upon behalf of which the person(X) acted, executed the instrument.
WITNESS my hand and official seal. ` ` DG't r l �` WEi si-i
COMM
IIRiLic, C:d .FCRNIA
Aly Cnnvn Ei, 1,!n•s Siidc"ay.• c'_909 ,
Signature of Notary Public
(Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
IN Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment farm must be
proper13+ completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such Instances. any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is dlegalfor a nota), to
California (i.e. certifying the authorized capacity of the Signe)) Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be time State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate time correct singular or plural forms by crossing off Incorrect forms (I e
he/she/they, is /are ) or circling time correct forms Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible
Impression must not cover text or lines. If seal Impression smudges, re -seal If a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of time notary public trust match the signature on file with time office of
time county clerk.
Additional information Is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and date
Indicate the capacity claimed by time signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary)
• Securely attach this document to the signed document
CAPA v12 10 05 0 by Assonalion of Professional Notaries S CSA Boo -873-9665 w .noiaryclassesxom
Bond No. 58641000
Executed in Triplicate AIA Document A312 Premium: Included on Performance Bond
Payment Bond
Conforms with the American Institute of Architects, AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Argonaut Constructors
1236 Central Avenue/P.O. Box 639
Santa Rosa, CA 95402
OWNER (Name and Address).
City of San Rafael
111 Morphew Street, P.O. Box 151560
San Rafael, CA 94915-1560
CONSTRUCTION CONTRA("]'
SURETY (Name and Principal Place of Business):
Western Surety Company
405 Howard Street, Suite 600
San Francisco, CA 94105
Date: September 17 3 2007
Amount: One Million Fifty-four Thousand Eight Hundred Eighty -Seven and 00/100---($1,054,887.00)
Description (Name and Location): Street Resurfacing 2006/2007 - Las Gallinas Avenue and Civic Center Drive
City Project No. 11094 / Federal Aid Project No. STPL 5043 (2 1)
BOND
Date( Not earlier than Construction Contract Date): September 17, 2007
Amount: One Million Fifty-four Thousand Eight Hundred Eighty-seven and 00/100---($1,054,887.00)
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: Argonaut Constructors
Signati
Name
(Any a
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: M.B. McGowan & Associates
Insurance Agency, Inc., 7250 Redwood Blvd., Suite 110,
Novato, CA 94945 (415-892-1080)
1 1'he Contractor and the Suret3- 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
of the Construction Contract. which is incorporated herein by reference.
2 With respect to the UN%ncr. this obligation shall be null and void if the
Contractor
2.1 Promptly makes pa\ nlent. directly or indirectly, for all sums due
Claimants, and
2.2 Defends. indemnities and holds harmless the Owner from claims.
demands. (tens or suits b\ any person or entity whose claim, demand.
lien or suit is for the pmntent for labor. materials or equipment
furnished for use in the perlormance of the Construction Contract.
provided the (honer has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims.
demands. liens or suits and tendered defense of such claims. demands.
hens or suits to the Contractor and the Surety. and provided there is no
01%ner Del'ault
SURETY 5026 (6-92)
S•1853/GEEF 2198 Page 1 of 2
Dx None D See Page 2
SURETY
Company: Western Surety Company (Corporate Seal)
Signature:
Name and Title: Donna J. Froe, Attorney-in-fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants 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 Paragraph 12) 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 amount of the claim.
4.2 Claimants 11ho do not have a direct contract with the
Contractor:
1 Ilave furnished written notice to the Contractor and sent a
copy. or notice thereof. to the Owner, within 90 days 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 part%
to whorl the materials were furnished or supplied or for
whom the labor was done or perforated, and
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Marin
OnSeptember 17, 2007 before me,
personally appeared
Donna L. Welsh, Notary Public
(here insert name and title of the officer)
Donna J. Frowd
personally known to me (or proved to me on the basis of satisfactory evidence) to be the personj§) whose
name( is/.a subscribed to the within instrument and acknowledged to me that-hc/she/they- executed the
same in hi-s/herb- reit- authorized capacitAki o, and that by l+Wher4hoitL- signature(X) on the instrument the
person(, or the entity upon behalf of which the person(X) acted, executed the instrument.
WITNESS m hand and official seal. -- —
y r)or\rw L. w��si1
t40T NY 1`11i':JC-CA...FcP.rg1A T
/ MA11;; Fou:: fv a
c ✓ = My Co:nm GaCnca G,plember E, 3978 1
Signature of Notary Public
(seal)
4 ,. I I , -
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
IN Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only escepiton is if a
document is to be recorded outside of California. In such instances, any alternative
aclurowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notaly in
California (i.e. certifying the authorized capacity of the signer) Please check the
document carefully for proper notarial wording and attach this form tf required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within lits or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing oft' incorrect forms (i e
he/she/4%> — is /are ) or circling the correct forms Failure to correctly indicate this
information may lead to rejection of document recording
• The notary seal impression must be clear and photographically .reproducible
Impression must not cover teat or Imes. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could he'p to ensure this
acknowledgment is not misused or attached to a different document
ee Indicate title or type of attached document, number of pages and date
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i e. CEO, CFO, Secretary)
• Securely attach this document to the signed document
CAPA v 1 10 05 O by Assouat:on of Professional Notaries S CSA 800-873-9965 w .notarycrasses.com
.2 have either received a rejeclinn in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surely (at the address described in
Paragraph 12) and sent a copy, or notice thereof. to the Owner
Mating 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 paragraph 4 is given by Owner to the
Contractor or to the Surety, that is sufficient compliance
6 When the Claimant has satisfied the conditions of Paragraph 4. the
Surety shall promptly and al the Surety's expense lake the following
actions
6.1 Send an answer to the Claimant. with a copy to the Owner.
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed
6.2 Pay or arrange for payment of any undisputed amounts.
7 The 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 Amounts 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 arc 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 Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change. including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suitor action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one3-car
from the date (1) on which the Claimant gave the notice required b%
Subparagraph 4. 1 or Clause 4.2.3, or (2) on which the last labor or service
minas performed by anyone or the last materials or equipment were furnished
by anyone under the. Construction Cnniract. whichever of (1) or (2) first
occurs. If the provisions of this Paragraph are void or prohibited by lat%.
the minimum period of limitation available to sureties as a defense in the
Jurisdiction of time suit shall be applicable
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the 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 time 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 be deemed deleted herefrom 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 common 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 permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: 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 be to include without
limitation in terms "labor, materials or equipment" that part of water.
gas, power, light, heat, oil, gasoline, telephone service or rental
equipincitt used in the Constiuction Contract. architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be 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
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.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover pa�.:e.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
Name and Title. Name and Title:
Address: Address:
S-18531GEEF 2/98 Page 2 of 2
(Corporate Seal)
°. Vestern Surety Ca. pany
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael B Mc Gowan, Donna L Welsh, Donna J Frowd, Debbie L Welsh, Matthew J Huggins,
Individually
of Novato, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 21st day of May, 2007.
SutiE`ry� WESTERN SURETY COMPANY
s3*�S
�%N pPKO,
Paul . Bmflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 21st day of May, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +
f D. KRELL r
November 30, 2012SeA� r NOTARY PUBLIC SF
r SOUTH DAKOTA r
+titititititititititititiatitititirrtitititi +
I D. K�No Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 17th day of September 2007
gJRETy
= par WESTERN SURETY COMPANY
gy��s fAVi'Y
JET Op o1p
• L. Nelson, Assistant Secretary
Form F4280-09-06
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE '
PRODUCER (707) 687-2200 FAX: (707) 687-2021 THIS CERTIFICATE IS ISSUED AS A MATTER CF INFORMATION
Rogers & Young Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9101 Los Amigos Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1738
Windsor CA 95492 INSURERS AFFORDING COVERAGE NAIC #
INSURED
Argonaut Constructors
P.O. Box 639
IINSURER A:Travelers Property 139047
INSURER B: InS CO. of State of PA
INSURER C: SeaBright
IINSURERD:RSUI Indemnity Company
Santa Rosa CA 95402-0000
INSURER E:
OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L
LTR INSRD TYPE OF INSURANCE I POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDNY) DATE (MM/DD/YY)
LIMITS
A GENERAL LIABILITY DTEC0331K9933
4/1/2007 4/1/2008
EACHOCCURRENCE$
2,000,0001
X COMMERCIAL GENERAL LIABILITY
I DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
300 000
CLAIMS MADE FX OCCUR
I MED EXP (Anv one Derson) I$
5,000
X $10,000 PD Deduct
I PERSONAL BADV INJURY Is
2,000,000
—
I GENERAL AGGREGATE Is
4,000,000
E NT AGGREGATE LIMIT APPLIES PER
GGEj
I PRODUCTS Is
4,000,0001
JEC F
- COMP/OP AGG
I POLICY I x l LOC
A AUTOMOBILE LIABILITY DTB10331K9933
4/1/2007 4/1/2008
COMBINED SINGLE LIMIT
X ANYAUTO
I (Ea accident)
I$
1,000,000
_ ALL OWNED AUTOS
BODILY INJURY
I
SCHEDULED AUTOS
(Per person) I
$
_ HIREDAUTOS
BODILY INJURY
NON -OWNED AUTOS
(Per accident) I$
_
PROPERTYDAMAGE I$
(Per accident)
GARAGE LIABILITY
I AUTO ONLY EA I $
ANY AUTO
- ACCIDENT
OTHER THAN EA ACC $
AUTO ONLY: AGG I $
B EXCESS/UMBRELLA LIABILITY 7275304
4/1/2007 4/1/2008
EACH OCCURRENCE Is
41000,000(
X1 OCCUR EICLAIMSMADE
I AGGREGATE Is
4, 000, 0001
DEDUCTIBLE
IJ$
RETENTION $ I $
C WORKERS COMPENSATION AND BB1060941 10/1/2006 10/1/2007 I X IWC ST TU- OT
I
EMPLOYERS' LIABILITY TORY
ANY PROPRIETOR/PARTNERJEXECUTIVE I E. L. EACH ACCIDENT Is 1,000,0001
OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEE $ 1,000,0001
If yes, describe underOOOI
SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,0001
D OTHER Excess Liability- NRA219238 6/29/2007 4/1/2008
85,000,000 Occurrence
Excess over $2M GL & $5,000,000 Aggregate
$4M Primary Excess
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of San Rafael its officers, agents & employees are additional insureds hereunder but only as respects liability
arising out of the land and/or property and/or work described in the Public Works contract for the project entitled
Street Resurfacing 2006/2007 Las Gallinas Avenue & Civic Center Drive, City Project No 11094 Federal Aid Project No
STPL 5043(21) Between City of San Rafael & Argonaut Constructors PO Box 639 Santa Rosa California 95402 for the work 6
the improvements described therein. (CGD248) Cancellation: Except for 10 days notice for non-payment of premium. JI
CERTIFICATE HOLDER
(415)485-3334
City of San Rafael
Department of Public Works
PO Box 151560
San Rafael, CA 94915
ACORD 25 (2001108)
Men -U:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xi>tl]BXMU MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, X
Xr��,4�6�t�G�la?FJ.
AUTHORIZED REPRESENTATIVE
M Ellwanger/KJR �`-
© ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
INS025 (0108) oea Page 2 of 2
Argonaut Consturctors
DTEC0331 K9933
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS OPERATIONS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY CONTRACTORS COVERAGE PART
WHO IS AN INSURED .(Section II) is amended to include any person or organization
you are required to include as an additional insured on this policy by a written contract
or Written agreement in effect during this policy period and signed and executed by you
prior to the loss for which coverage is sought. The person or organization does not
qualify as an additional insured with respect to the independent acts or omissions of
such person or organization, The person or organization is only an additional insured
with respect to liability caused by "your work" for that additional insured.
2. .The insurance provided to the additional insured is limited as follows:
a) In the event that the limits of liability stated in the policy exceed the limits of
liability required by a written contract or written agreement in effect during this
policy period and signed and executed by you prior to the loss for which
coverage is sought, this endorsement shall be limited to the limits of liability
required by such contract or agreement. This endorsement shall not increase the
limits stated in Section III LIMITS OF INSURANCE.
b) The insurance provided to the additional insured does not apply to "bodily
injury", "property damage", "personal injury" or "advertising injury" arising out
of an architect's, engineer's or surveyor's rendering of or failure to render any
professional services including:
I. The preparing, approving or failing to prepare or approve maps, shop
drawings, opinions, reports, surveys, field orders, change orders, or
drawings and specifications; and
II. Supervisory or inspection activities performed as part of any related
architectural or engineering activities.
C) This insurance does not apply to "bodily injury" or "property damage" caused
by "your work" included in the "products -completed operations hazard".
Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily
Injury and Property Damage Liability Coverage (Section I Coverages) does not apply to
you if the "bodily injury" or: "property damage" arises out of "your work" performed
on premises which are owned or rented by the additional insured at the time "your
work" is performed.
CG D2 48 10 02 Copyright, The Travelers Indemnity Company; 2002, Pagel of 2
COMMERCIAL GENERAL LIABILITY
Argonaut Consturctors COMMERCIAL GENERAL LIABILITY
4. Any coverage provided by this endorsement to an additional insured shall be excess
over any other valid and collectible insurance available to the additional insured
whether primary, excess, contingent or on any other basis unless a written contract or
written agreement in effect during this policy period and signed and executed by you
prior to the loss for which coverage is sought specifically requires that this insurance
apply on a primary or non-contributory basis. When this insurance is primary and there
is other insurance available to the additional insured from any source, we will share
with that other insurance by the method described in the policy.
5. As a condition of coverage, each additional insured must:
a.) Give us prompt written notice of any "occurrence" or offense which may result
in a claim and prompt written notice of "suit".
b.) Immediately forward all legal papers to us, cooperate in the defense of any
actions, and otherwise comply with policy conditions.
c.) Tender the defense and indemnity of any claim or "suit" to any other insurer
which also insures against a loss we cover under this endorsement. This
includes, but is not limited to, any insurer which has issued a policy of insurance
in which the additional insured qualifies as an insured. For purposes of this
requirement, the term "insures against" refers to any self- insurance and to any
insurer which issued a policy of insurance that may provide coverage for the
loss, regardless of whether the additional insured has actually requested that the
insurer provide the additional insured with a defense and/or indemnity under
that policy of insurance.
d.) Agree to make available any other insurance that the additional insured has for a
loss we cover under this endorsement.
CG D2 48 10 02 Copyright, The Travelers Indemnity Company; 2002, Page 2 of 2
COMMERCIAL GENERAL LIABILITY