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