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CC Resolution 14252 (Fire Station 52 & 57 Demolition)
RESOLUTION NO. 14252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITYMANAGER TO AWARD A CONSTRUCTION CONTRACT FOR CITY OF SAN RAFAEL ESSENTIAL FACILITIES DEMOLITION PROJECT —FIRE STATIONS 52 AND 57, TO CVE CONTRACTING GROUP, INC. IN THE AMOUNT OF $293,000.00. WHEREAS, on the 9th day of December, 2016, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or 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 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: "SAN RAFAEL ESSENTIAL FACILITIES DEMOLITION PROJECT FIRE STATIONS 52 AND 57" City Project No. 11214, 11292, 11293 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of CVE Contracting Group, Inc., dba Central Valley Environmental (CVE Contracting), 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 responsive and responsible bidder. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of CVE Contracting Group, Inc. is hereby accepted at said unit prices and the contract for said demolition work is hereby awarded to CVE Contracting Group, Inc., at the unit prices mentioned in said bid. 2. The City Manager and the City Clerk of said City are authorized and directed to execute the contract with CVE Contracting Group, Inc., in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. There are sufficient funds in the Measure E Fund for this project. 4. A contingency in the amount of $30,000 is authorized for this specific project. 5. The City Manager 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, ESTHER C. BEIRNE, 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 City Council of said City held on Monday, the 19th day of December, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin and McCullough atj�L- ' ESTHER C. BEIRNE, City Clerk File No.: 06.01.225 00 52 13 - AGREEMENT THIS AGREEMENT, dated this 4 day of 1 , 2017, by and between CVE Contracting Group, Inc. DBA Central Valley Environmental [Name of Contractor] whose place of business is located at: 4263 N. Selland Ave. Fresno, Ca. 93722 [Address of Contractor] ("Contractor'), and the CITY OF SAN RAFAEL ("Owner') acting under and by virtue of the authority vested in the City of San Rafael by the laws of the State of California. WHEREAS, City of San Rafael, by its Resolution No. I adopted on the / ZO day of 4 c6r(Se-P) 2of(q awarded to Contractor the following contract: CITY OF SAN RAFAEL ESSENTIAL FACILITIES DEMOLITION PROJECT — FIRE STATIONS 52 AND 57 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City of San Rafael agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. City of San Rafael Representative and Construction Manager 2.1 City of San Rafael has designated Bill Guerin Director of Public Works will act as City of San Rafael Representative(s), who will represent City of San Rafael in performing City of San Rafael duties and responsibilities and exercising City of San Rafael rights and authorities in Contract Documents. City of San Rafael may change the individual(s) acting as City of San Rafael Representative(s), or delegate one or more specific functions to one or more specific City of San Rafael Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City of San Rafael Representative is the beneficiary of all Contractor obligations to City of San Rafael, including without limitation, all releases and indemnities. 2.2 City of San Rafael has designated Kitchell to act as Construction Manager (CM). City of San Rafael may assign all or part of the City of San Rafael Representative's rights, responsibilities and duties to Construction Manager. City of San Rafael may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 All notices or demands to City of San Rafael under the Contract Documents shall be submitted to the City of San Rafael 's Representative at: Kitchell — Raaj Patel, Project Manager c/o The City of San Rafael, 1400 Fifth Avenue, San Rafael, CA 94901 or to such other person(s) and address(es) as City of San Rafael shall provide to Contractor. City of San Rafael AGREEMENT 00 52 13 - 1 of 5 Essential Facilities Demolition Project — Fire Stations 52 and 57 Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Notice to Proceed is tentatively set to be issued on early January 2017. Contractor shall immediately apply for necessary approvals and permits, prepare required documents and submittals, and mobilize personnel and equipment to commence the City of San Rafael Work within 10 calendar days from the date when the Notice to Proceed is issued. City of San Rafael reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Final Completion of the entire Work within 48 calendar days from the date of notice to proceed. 3.2 Liauidated Damaaes. City of San Rafael and Contractor recognize that time is of the essence of this Agreement and that City of San Rafael will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed including consequential loss of use and disruption of normal operations within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Article 15 and 16 of Section 00 72 13 (General Conditions), Contractor and City of San Rafael agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City of San Rafael because of a delay in completion of all or any part of the Work. Accordingly, City of San Rafael and Contractor agree that as liquidated damages for delay, Contractor shall pay City of San Rafael 3.2.1 Not used. 3.2.2 $500.00 (Five Hundred Dollars) per day for each day that expires after the time specified herein for the Contractor to achieve Substantial Completion of the entire Building Construction Work as indicated in Section 00 31 13 (Preliminary Construction Schedule). These measures of liquidated damages shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by City of San Rafael resulting from delay in completion of the Work. 3.3 Liquidated damages for damages as a result of delays shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City of San Rafael as a result of delay or costs of substitute facilities. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or damages suffered by others who then seek to recover their damages from City of San Rafael (for example, delay claims of other contractors, subcontractors, tenants, or other third -parties), and defense costs thereof. Article 4. Contract Sum 4.1 City of San Rafael shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as follows: $293,000.00 TWO HUNDRED AND NINETY THREE THOUSAND AND 00/100 Article 5. Contractor's Representations City of San Rafael AGREEMENT 00 52 13 - 2 of 5 Essential Facilities Demolition Project — Fire Stations 52 and 57 In order to induce City of San Rafael to enter into this Agreement, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has given City of San Rafael prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the written resolution thereof through Addenda issued by City of San Rafael is acceptable to Contractor. 5.3 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.4 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. 5.5 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in Section 00430 Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: The entirety of Division 00, including: Document 00 51 00 Notice of Award Document 00 52 13 Agreement Document 00 55 00 Notice to Proceed Document 00 65 19 Agreement and Release of Any and All Claims Document 00 65 36 Guaranty Document 00 72 13 General Conditions Document 00 73 00 Special Conditions Document 00 73 16 Insurance Document 00 91 13 Addenda The entirety of Specification Division 01 through Division 31, including: Drawings and Specifications as attached and referred. 6.2 The Contract Documents may only be amended, modified or supplemented as provided in Section 00 72 13 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Agreement are defined in Section 00 72 13 (General Conditions) and Section 0142 00 (References) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City of San Rafael or acting as an employee, agent, or representative of City of San Rafael, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City of San Rafael is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. City of San Rafael AGREEMENT 00 52 13 - 3 of 5 Essential Facilities Demolition Project — Fire Stations 52 and 57 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City of San Rafael tenders final payment to Contractor, without further acknowledgment by the parties. 7.5 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents by reference and on file at City of San Rafael office, and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code 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 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.6 Contractor and each of Contractor's subcontractors agree to complete and verify construction reports on a form prescribed by the Division of the State Architect and to file the reports no less than quarterly during construction as required by Title 24; at the completion of the Work; at the suspension of work for a period of more than one month; whenever the services of Contractor or any of Contractor's subcontractors are terminated for any reason; and at any time a special verified report is required by the Division of the State Architect. 7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Marin, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Marin County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Section 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of San Rafael AGREEMENT 00 52 13 - 4 of 5 Essential Facilities Demolition Project— Fire Stations 52 and 57 IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written. OWNER: CITY OF SAN RAFAEL By: MWON PDX Jim S u , CityManag r Ot By: CONTRACTOR: CVE Contracting Group, Inc. DBA Central Valley Environmental - Tim Williamson [Contractor's name] By: 7 Sign ture CEO Title -END OF SECTION- Cl-ty 61-a1zic Approved as to PnrrW 4 �2QL nrf City of San Rafael AGREEMENT Essential Facilities Demolition Project- Fire Stations 52 and 57 005213-5of5 00 65 36 - GUARANTY TO THE CITY OF SAN RAFAEL for construction of City of San Rafael Essential Facilities Demolition Project — Fire Stations 52 and 57 The undersigned guarantees all construction performed on this Projects and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City of San Rafael for a period of one year following the date of Notice of Completion, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Completion. If within one year after the date of Final Completion, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City of San Rafael and in accordance with City of San Rafael written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City of San Rafael and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City of San Rafael may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City of San Rafael shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 014200 (References and Definitions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. CVE Contracting Group, Inc. DBA Central Valleu Environmental 4263 N. Selland Ave. F' Vure� Address Fresno, Ca. 93722 Sig City/State/Zip Tim Williamson - CEO 1/4/2017 Name and Title Date -END OF SECTION - City of San Rafael GUARANTY 00 65 36 - 1 of 1 Essential Facilities Demolition Project — Fire Stations 52 and 57 Central Vallev Office 3443 W. Gettysburg Avenue Fresno, CA 93722 P: (559) 222-1149 1 F: (559) 222-1174 TO: Northern California/Bav Area Office 35500 S. Welty Road Vernalis, CA 95385 P: (209) 239-9676 1 F: (209)-629-8837 CONTRACTOR'S LICENSE #: 905631 A, B, C-21, C-22, ASB, IHAZ Serving Entire Northern California, Bay Area, and San Joaquin Valley Transmittal Sheet FROM. Bill Guerin Dustin Drake COMPANY- DATE. City of San Rafael January 5, 2017 RE: Contract Documents ❑ URGENT ■ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES COMMENTS. Bill, Enclosed are the following: (2) copies of the signed agreement (2) copies of the signed guaranty The performance and payment bond Our insurance cert for the project. Please let me know if you need anything else. Thank you, Dustin Drake CVE Demolition (559) 288-7588 4263 N. Selland Ave. Fresno, Ca. 93722 — Phone: (559) 222-1149 — Fax: (559) 222-1174 Email- dustind@cvecorp.com RECEIVED JAN 0 6 2017 lSAFEGn OFN RAAL Bond No.: 106574061 Premium: $4,835.00 00 61 13 - CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ('Bond") is dated 1/4/2017 , is in the penal sum of Two Hundred Ninety Three Thousand Dollars and 00/100 ($293.000.00) [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions para raphs 1 througgh 12, attached to this page. Any singular reference &E Contracting Group, Inc. dba Uentral alley Environmen�I`'COntraClor ), Travelers Casualty and Surety Comvanv of America ("Surety"), City of San Rafael ("City of San Rafael") or other party shall be considered plural where applicable. CONTRACTOR: CVE Contracting Group, Inc. dba Central Valley Environmental Name 4263 N. Selland Ave. Address Fresno, CA 93722 City/State/Zip CONSTRUCTION CONTRACT: CITY OF SAN RAFAEL SURETY: Travelers Casualty and Surety Company of America Name 11070 White Rock Road, Suite 130 Principal Place of Business Rancho Cordova. CA 95670 City/State/Zip Located at San Rafael, California. Two Hundred Ninety Three Thousand Dollars and 001100 DATED January 4 20 17 in the Amount of $ ($293,000.00) (the "Penal Sum") CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) CVE Contr • Inc. coral Valley Environmental Signature: Name and Titl 1 I' �/ /�i•�� SURETY Company: (Corp. Seal) Travelers Casualty and Sure ompany o America Signature: v Name and Title yman, torn -Fact v BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City of San Rafael for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City of San Rafael Default, Surety's obligation under this Bond shall arise after: 3.1 City of San Rafael has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City of San Rafael has agreed to pay the Balance of the Contract Sum: City of San Rafael CONSTRUCTION PERFORMANCE BOND 00 61 13 - 1 of 4 Essential Facilities Demolition Project — Fire Stations 52 and 57 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City of San Rafael has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City of San Rafael, to perform and complete the Construction Contract (but City of San Rafael may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City of San Rafael consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City of San Rafael for a contract for performance and completion of the Construction Contract, and, upon determination by City of San Rafael of the lowest responsible bidder, arrange for a contract to be prepared for execution by City of San Rafael and the contractor selected with City of San Rafael concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City of San Rafael the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City of San Rafael, determine in good faith its monetary obligation to City of San Rafael under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefore to City of San Rafael with full explanation of the payment's calculation. If City of San Rafael accepts Surety's tender under this paragraph 4.4, City of San Rafael may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City of San Rafael disputes the amount of Surety's tender under this paragraph 4.4, City of San Rafael may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City of San Rafael to Surety demanding that Surety perform its obligations under this Bond. At all times City of San Rafael shall be entitled to enforce any remedy available to City of San Rafael at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, and advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; City of San Rafael CONSTRUCTION PERFORMANCE BOND 0061 13 - 2 of 4 Essential Facilities Demolition Project — Fire Stations 52 and 57 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper back charges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City of San Rafael or its successors or assigns. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required there under, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. Any proceeding, legal or equitable, under this Bond shall be instituted in the courts of the County of Marin. Communications from City of San Rafael to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary agreements under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City of San Rafael shall be mailed or delivered as provided in Section 00 52 13 (Agreement). Actual receipt of notice by Surety, City of San Rafael or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City of San Rafael to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The agreement between City of San Rafael and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Section 00 72 13 (General Conditions). 12.4 City of San Rafael Default: Material failure of City of San Rafael, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. City of San Rafael CONSTRUCTION PERFORMANCE BOND 0061 13 - 3 of 4 Essential Facilities Demolition Project — Fire Stations 52 and 57 -END OF SECTION - City of San Rafael CONSTRUCTION PERFORMANCE BOND 0061 13 - 4 of 4 Essential Facilities Demolition Project — Fire Stations 52 and 57 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 ) ss County of Fresno ) On l ZD— , before me, Bonnie Gonzalez, Notary Public, personally appeared Cody Lyman , who proved to me on the basis of satisfactory evidence to be the person{} whose name{4 is4r-e subscribed to the within instrument and acknowledged to me that he/she/theyexecuted the same in his/4efA4eif authorized capacity4es4, and that by his/4"F/44e4 signaturek4 on the instrument the personk4, or the entity upon behalf of which the persons} 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. (Seal) Signature _ Bonnie�onzalezQNotary Public J a.�. c.r.. ES7iIPP°GONZALEZ f J - NOTtRY PUBLIC - CALIFORNIA C0PAf:41SSI0i4 # 20331113 -=? My Comm. E:cP. July '12, 2017 6 (Seal) Signature _ Bonnie�onzalezQNotary Public J 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 Calif o �^ ) County of� On ' �~ before me,--,—, Wou) `t a�nd Date t ert Name T'tle f the Officer personally appeared I l [Y1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name* is/aie subscribed to the within instrument and acknowledged to me that he/trjr4 executed the same in his/hqr/thKr authorized capacity(i�Q, and that by his/*/th*ir signature(K6n the instrument the persortA, or the entity upon behalf of which the person acted, executed the instrument. TIFFANY L. FARLEY Commission # 2139413 Z < Notary Public -California Z Z Fresno County MM Comm. Expires Jan 7, 2020 Place Notary Seal Above 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. Sign ture "y e �jj A Sign e of Nof4y Publi _�) 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 nn Title or Type of Document: 7n��1 PP r;--, f ,N1f At 0 T,'A Document Date: I _H —i Number of Pages: y Signer(s) Other Than Named Above: Capacity(ies) Cl1 "d lbSig r(s) Signer's Name: 1 i M MM'i orporate Officer — Title(s): Tf,0.� - G Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n 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: ©2016 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No.: 106574061 Premium: Included in Performance Bond 00 61 16 - CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated 1/4/2017 is in the penal sum of Two Hundred Ninety Three Thousand Dollars and 00/100 ($293,000.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bony gyp ancd Cyoltions, paragraphs 1 through 13, attached to this page. Any E ontrac ing roup, nc. a singular reference to Central VauevEnvirnnmeniai ("Contractor"), Travelers Casualty and Surety Company of America ("Surety"), the City of San Rafael ("City of San Rafael") or other party shall be considered plural where applicable. CONTRACTOR: CVE Contracting Group, Inc. dba Central Valley Environmental Name 4263 N. Selland Ave. Address Fresno, CA 93722 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Travelers Casualty and Surety Company of America Name 11070 White Rock Road, Suite 130 Principal Place of Business Rancho Cordova, CA 95670 City/State/Zip City of San Rafael Essential Facilities Demolition Project — Fire Stations 52 and 57 at San Rafael, California. Two Hundred Ninety Three Thousand Dollars and 00.' 100 DATED January4 20 17 in the Amount of $(6293,000.00) (the 'Penal Sum") CONTRACTOR AS PRINCIPAL Company: eal CVE Contr tin (Corp.Grou7 nc. d ,a Central Valley Environmental Signature: �/' Name and Title: r SURETY PPaai�ll Cor trpanl�rs Casualty ancFSGre ompany of merica Signature: _ .� Name and Title: Codv Lvman, ttorne n -Fact BOND TERMS AND CONDITIONS Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City of San Rafael and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. With respect to City of San Rafael, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City of San Rafael from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City of San Rafael has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City of San Rafael Default. City of San Rafael CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND 00 61 16 - 1 of 3 Essential Facilities Demolition Project — Fire Stations 52 and 57 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California law, Civil Code §8000, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. 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 Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City of San Rafael shall not be liable for payment of any costs, expenses, or attorney's fees 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. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed there under, or materials or equipment to be furnished there under or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §9558, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §8508. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City of San Rafael shall be mailed or delivered as provided in Section 00 52 13 (Agreement). Actual receipt of notice by Surety, City of San Rafael or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Law including, but not limited to, Civil Code §9500, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted here from and provisions conforming to such statutory or other legal requirements 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. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Definitions. City of San Rafael CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND 0061 16 - 2 of 3 Essential Facilities Demolition Project — Fire Stations 52 and 57 13.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §8004. The intent of this Bond shall be 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 Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. 13.2 Construction Contract: The agreement between City of San Rafael and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 13.3 City of San Rafael Default: Material failure of City of San Rafael Administrative Office, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. -END OF SECTION - City of San Rafael CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND 0061 16 - 3 of 3 Essential Facilities Demolition Project — Fire Stations 52 and 57 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 ) ss County of Fresno ) On before me, Bonnie Gonzalez, Notary Public, personally appeared Codv Lvman , who proved to me on the basis of satisfactory evidence to be the person{} whose names} is/afe subscribed to the within instrument and acknowledged to me that he/`h executed the same in his/4efA42FF authorized capacitykie4, and that by his/ e4 signature(4 on the instrument the personjs}, or the entity upon behalf of which the person{s4 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. ty BONNIE GONZAI NOTARY PUBLIC - CALIFORNIA � COM".41SSIOil # 203311© FRESNO COl.1NiY � n^My Comm. Exp. July '12, 2017 (Seal) Signature., _ (94Y1p�k0C Bonnie onzalez, Notary Public 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 On I '-'r i before me,'_1.k1� �%.(� ��,rU►litV Date ( r In ert Name and Title d� the OfficeVUY r personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is%a' subscribed to the within instrument and acknowledged to me that he/ )Q executed the same in his/h(r/tFi�yr authorized capacity), and that by his/P1@r1tN r signature on thcSinstrument the person or the entity upon behalf of which the personKacted, executed the instrument. TIFFANY L. FARLEY Commission # 2139413 = -� Notary Public - California Fresno County MV Comm. Expires Jan 7, 2020 Place Notary Seal Above 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. Signture_ Sig0a-1of Notary u lic 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 Doigyme t ,n, II , Title or Type of Do�ume t: bkr4 A'I� //d D, PG(�1T1/VI/fT- Document Date. ( `� Number of Pages: Signer(s) Other Than Named Above: Capacity(les) C g�mdl by Signers - Signer's Name: )�f i/ �l y C /ccorporate Officer — Title(s): ❑ Partner — Limited Gen ral ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s)- El Partner — Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 i TRAVELERSAj WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227966 Certificate No. 006955490 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John C. Day, Steven P. Edwards, Lyn Genito, Bonnie Gonzalez, and Cody Lyman of the City of ._,_,__,,..Fresno State of_.... California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of August 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �°t4� j �,1N1Yt� FIRe 6 4 ;'N � �� •.•{ 1Hsuq `E � Tr aHo sua"�' Y O Q' 0.PON .Y4 .'iii G,P •t �ti0 ._. A,�,m iW it�FPORAlf::i^•. aP '� S ��4Rn Z „t 9 8 Z_ y 977 '" ® i j d a: _-_ W tiARTFORD< FN9TFOF�, ct�S 1.1iJ�1 T ".. S SEA'o t CONN. ^� Cay' 1896 �• �n 1.`; w.wn� NY4 State of Connecticut City of Hartford ss. By:O Robert L. Raney, Senior Vice President On this the 25th day of August 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Sot, In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2021. Marie C. Tetreault. Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CVECONT-01 EBARTSCH CERTIFICATE OF LIABILITY INSURANCE DAT1/4120177 DD/ 1/4/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Elaine Bartsch Fresno CSG-Alliant Insurance Services, Inc. PHONE FAX 9 E. River Park Place East Ste 310 _[AIC—N E#): (AIC, No): Fresno, CA 93720 E-MAIL RSS: ebartsch@alliant.com INSURED CVE Contracting Group, Inc. DBA: Central Valley Environmental 4263 N. Selland Avenue Fresno, CA 93722 COVERAGES CERTIFICATE NUMBER: INSURER C : INSURER 0: INSURER E: INSURER F: Arch Specialtv Insurance Zurich American Insurance Com REVISION NUMBER: NAIC # 21199 16535 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBi#r POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD I POLICY NUMBER (MM/DD/YYYY) [MM/DDNYYYI A X COMMERCIAL GENERAL LIABILITY I _ l PREMISES (Ea occurrence) CLAIMS -MADE L -J OCCUR X 112EMP0530402 08/01/2016 08101/2017 $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY j(] PRO- JECT LOC $ 1,000,000 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X OTHER applies to GI_ only BODILY INJURY (Per accident) $ TYDAMAGE AUTOMOBILE LIABILITY t B X ANY AUTO X BAP017629302 08/01/2016 08101/2017 ALL OWNED SCHEDULED X AUTOS AUTOS E.L. EACH ACCIDENT _ $ 1x000,000 LIMITS CLAIMS-MA EACH OCCURRENCE $ 1,000,000 ENTED- PREMISES (Ea occurrence) b 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLL PROF LIAB $ 1,000,000 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ TYDAMAGE t $ ,000 AGGREGATE 4,,000 S 000 a X STATUTE ERH 1,000,000 E.L. EACH ACCIDENT _ $ 1x000,000 E. L. DISEASE - EA EMPLOYEES E. L. DISEASE -POLICY LIMIT i $ 1,000,000 NON -OWNED PROPER HIRED AUTOS AUTOS Per acdden$ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000 A X EXCESS LIAB DE 12EMX0560700 08/01/2016 06/01/2017 DED RETENTION s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N WCO18075001 08/01/2016 08/01/2017 OFFICER/MEMBER EXCLUDED7 N / A (Mandatory In NH) If yes, describe under pESCRIPTION OF OPERATIONS belay I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AddMonal Remarks Schedule, may be attached If more space Is required) RE: Demolition Project - Fire Stations 52 and 57, 210 Third Street and 3530 Civic Center Dr., San Rafael, CA City of San Rafael; State of California; Construction Manager(s); Project Inspector(s); and Architect(s) are included as additional insureds per policy forms attached. Excess Liability coverage is following form over General Liability, Pollution Liability, Automobile Liability, and Employer's Liability coverages. Endorsement(s) Attached: General Liability Additional Insured including Completed Operations and Primary Automobile Liability Additional Insured Automobile Liability Primary CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Rafael THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1400 Fifth Avenue ACCORDANCE WITH THE POLICY PROVISIONS. San Rafael, CA 94901 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/ PRIMARY COVERAGE INCLUDING COMPLETED OPERATIONS (COVERAGES A, B, D & F) This endorsement modifies insurance provided under the Environmental Multiline Policy It is agreed that Section III - WHO IS AN INSURED is amended to include the following: Under Coverages A,B,D and F the person or organization shown in the schedule below shall be an Additional Insured, but only to the extent liability arises out of YOUR WORK for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured. This Endorsement does not apply to BODILY INJURY or PROPERTY DAMAGE arising out of the sole negligence or willful conduct of, or for defects in design furnished by the Additional Insured. With respect to the coverage afforded to the Additional Insured, this insurance is primary and non- contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent or on any other basis. This Endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. Additional Insured: ANY PERSON OR ORGANIZATION FOR WHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. All other terms and conditions of this Policy remain unchanged. Policy Number: 12 EMP 05304 02 Named Insured: CVE CONTRACTING GROUP, INC.; CVE NB CONTRACTING GROUP, INC. DBA CENTRAL VALLEY ENVIRONMENTAL This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 8/1/2016 00 EMP0101 00 01 14 1 of 1 INSURED: CVE Contracting Group, Inc. dba: Central Valley Environmental; CVE NB Contracting Group, Inc. dba: Central Valley Environmental TERM: 8/1/16 to 8/1/17 POLICY NUMBER: BAP017629302 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. IEndorsement Effective: snizol s Countersigned By: (Named Insured: ALLIANT INSURANCE SERVICES, INC. CVE Contracting Group, Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loco except where such contract or aoreement is prohibited by I w (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Copyright, Hawaii Insurance Bureau, Inc., 1999 Includes copyrighted material of the Insurance Services Office Inc., with its permission CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1999 CA 1028 (2-99) Page 1 of 1 INSURED: CVE Contracting Group, Inc. dba Central Valley Environmental CVE NB Contracting Group, Inc. dba Central Valley Environmental POLICY #BAP017629302 TERM: 8/1/2016 to 8/1/2017 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto'; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 9 of 12 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: C1464" t� tuvw F'r Project Manager: Click here to enter text.;�(erfv► Extension: Click here to enter text. Contractor Name: Click here to enter text. L V15 Cc-nf"r�-r Contractor's Contact: Click here to enter text. D +k S'n D� Contact's Email: Click here to enter text. 61 Us V, (A C-e-ve. e_ c. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLEI DESCRIPTION COMPLETED DEPARTMENT DATE 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to enter a date. b. Email contract (in Word) & attachments to City Click here to Atty c/o Laraine.Gittens@cityofsanrafael.org enter a date. 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a date. 3 Project Manager Forward three (3) originals of final agreement to Click here to contractor for their signature I enter a date. 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval *P5A > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 r< Date of Council approval Clich re toenter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney I Review and approve hard copy of signed I �7 agreement �/ 7 City Attorney I Review and approve insurancq in PINS, and bonds `r'e""`t `i``"'`/'r / 17 (for Public Works Contracts) PrNs. 8 City Manager/ Mayor I Agreement executed by Council authorized official 9 City ClerkI Attest signatures, retains original agreement and forwards copies to Project Manager 1 .2-11 /t7 REVIEWER Check/Initial El El